Chapter 4.24
GAME LICENSES

Sections:

4.24.010  License required.

4.24.020  License fee.

4.24.025  Application forms.

4.24.026  Police investigation and issuance of video game arcade license.

4.24.027  Video game arcades – Location and hours of operation.

4.24.030  Pool or billiard rooms – Hours of operation.

4.24.040  Pool or billiard room license – When not granted.

4.24.050  Revocation of license.

4.24.100  Penalty for violations.

4.24.010 License required.

A. Operator's License. It is unlawful for any person, corporation, partnership, firm, or other association to keep, operate, or allow the operation of any pool table, billiard table, automatic amusement game or so-called game of skill including video games and pinball machines, juke box or other automatic music machine open to the public at large, including private clubs, within the city of Edmonds without having first procured an operator's license from the city clerk and having paid the amount of such license fee to the city.

B. Video Game Distributor's License. It is unlawful for any person, corporation, partnership, firm, or other association to lease or rent to, or place with an operator any automatic amusement game or so-called game of skill that is a video game within the city of Edmonds without having first procured a video game distributor's license from the city clerk and having paid the amount of such license fee to the city.

C. Video Game Arcade License. It is unlawful for any person, corporation, partnership, firm, or other association to manage, operate, own or otherwise control a business having 10 or more automatic amusement game machines or devices commonly known as video games within the same building without first obtaining and annually renewing a video game arcade license. [Ord. 2288 § 1, 1982; Ord. 2276 § 1, 1982; Ord. 2253 § 1, 1981; Ord. 2173 § 1, 1980; Ord. 1766 § 25, 1975; Ord. 556 § 5, 1946].

4.24.020 License fee.

A. Operator's License Fee. The license fee for the operator's license required under ECC 4.24.010(A), excluding video games, shall be $25.00 per year for each table, game and/or machine. The license fee for video games shall be $50.00 per year per machine.

B. Video Game Distributor's License Fee. The license fee for the video game distributor's license required under ECC 4.24.010(B) shall be $300.00 per year.

C. Expiration and Half Year Licenses. All licenses required by ECC 4.24.010 shall expire on December 31st of each respective year and all licenses taken out after June 30th of each respective year shall pay one-half of the annual license fee for that year and upon such payment shall be issued a license for the remaining portion of said calendar year.

D. Video Game Arcade License Fee. The license fee for the video game arcade license shall be according to the following schedule:

1. $200.00 if the business has 10 to 20 video games within one building.

2. $300.00 if the business has 21 to 30 video games within one building.

3. $500.00 if the business has more than 30 video games within one building.

These fees shall be in addition to the operator's license fees imposed by Subsection A of this section.

E. Special Event Permit License Fee. In addition to the license fees and permits authorized under the provisions of this chapter there is hereby established a special event permit. This permit shall be available only to bona fide charitable organizations, recognized as such by the Internal Revenue Service of the United States, for special events held in conjunction with a contract and/or street use permit issued by this city. Such permits shall be issued for a period not to exceed five days and in accordance with such fees as the council shall establish as a part of the granting of a contract or street use permit. In no event shall these fees be greater than those authorized by this section. [Ord. 2457, 1984; Ord. 2347, 1983; Ord. 2288 § 2, 1982; Ord. 2276 § 2, 1982; Ord. 2253 § 2, 1981; Ord. 2173 § 1, 1980; Ord. 1766 § 24, 1975; Ord. 556 § 3, 1946].

4.24.025 Application forms.

All persons required to obtain licenses under the provisions of this chapter shall complete the appropriate form provided by the city clerk. The form shall, in addition to other relevant information, contain the following:

A. The applicant's name and address.

B. A physical description of the device or devices operated.

C. The street address and business name of the premises in which the device is to be utilized or operated and/or to which the device or devices are distributed.

D. The kind and number of devices distributed to each operator.

E. A statement by an applicant proposing to have 10 or more video games within the same building that such business either is or is not within one mile of any public, licensed private or parochial school, excluding colleges and other institutions of higher education.

F. A statement that the applicant has personal knowledge of the information appearing on such application and that such applicant believes said information to be true and correct to the best of his or her ability.

All licenses issued pursuant to this chapter shall be reviewed and the information updated if necessary prior to annual reissuance.

It shall be unlawful to utilize or operate the device at any other address or premises other than that set forth on the license application. [Ord. 2288 § 3, 1982; Ord. 2276 § 3, 1982; Ord. 2253 § 3, 1981].

4.24.026 Police investigation and issuance of video game arcade license.

A. The city clerk shall forward all applications for video game arcades that provide all of the information required by this chapter to the police chief for investigation. The police chief shall examine the applicant's criminal background, performance record with any previous video game arcades or similar activities, and any unique safety hazard that would be created by the location or any other characteristic of the proposed arcade. The police chief shall approve, approve with conditions, or disapprove the application.

B. Upon receipt of the police chief's decision to approve the application, the city clerk shall issue the license which shall contain the following:

1. The name of the person to whom the video game arcade license is issued.

2. The location of the video game arcade.

3. The maximum number of video games authorized by such permit.

4. Any and all conditions imposed by the police chief.

5. The date the license expires, which shall be one year from the date of issuance. [Ord. 2288 § 4, 1982].

4.24.027 Video game arcades – Location and hours of operation.

A. Except as provided in subsection B below, no business having 10 or more video games within the same building shall be located closer than one mile from any public, licensed private or parochial school, excluding any college or other institution of higher education, and no video game arcade license shall issue to such business. No business having 10 or more video games shall allow the operation of video games or other amusement devices by its patrons between the hours of 2:00 a.m. and 10:00 a.m.

B. Businesses whose primary purpose is the provision of a package of family sports and entertainment activities and which includes 10 or more video games may be located within one mile from any public, licensed private or parochial school; provided, however, that as a condition of licensing and operation, the facility shall prohibit persons between the ages of six and 17 years from utilizing the facility unless accompanied by a parent or guardian between the hours of 10:00 a.m. and 3:00 p.m. on any day in which such school is in session. Family sports and entertainment facilities shall be required to obtain a license as provided herein and shall meet all other requirements of this chapter including the prohibition contained in subsection A above against the operation of video games or other amusement devices between the hours of 2:00 a.m. and 10:00 a.m.

C. Family sports and entertainment activities shall be defined for the purposes of this ordinance as a mixture of activities which may include video games but which also include a variety of other games and activities which provide personal interaction and competition between participants. Such games may include but are not limited to batting cages, miniature golf, indoor golf or driving ranges, basketball, foosball, air hockey and/or lazer tag. In no event shall video games provide the main source of revenue for the facility. [Ord. 2802 § 1, 1990; Ord. 2288 § 5, 1982].

4.24.030 Pool or billiard rooms – Hours of operation.

It is unlawful for the owner, proprietor, manager or other person in charge of or employed in any public billiard room or poolroom in the city of Edmonds, to keep such place open for business or permit any person to play billiards or pool therein between the hours of 2:00 a.m. and 7:00 a.m. For purposes of this chapter “pool” and “billiard” shall include all derivative games (and tables) generally associated with pool and billiards such as snooker and similar derivative games and tables. [Ord. 2173 § 1, 1980; Ord. 1766 § 21, 1975; Ord. 370 § 4, 1925].

4.24.040 Pool or billiard room license – When not granted.

No pool or billiard room license shall be granted under this chapter to any person, firm or corporation who has been convicted in the municipal court of the city of Edmonds of violating any of the provisions of this chapter or of any ordinance of the city relating to disorderly conduct or of any ordinance of the city relating to intoxicating liquors, drugs or controlled substances, or who has been convicted in any state or federal court relating to gambling or the manufacturing, possession, sale, barter, exchange, giving away, furnishing or otherwise disposing of or keeping intoxicating liquor, drugs or controlled substances. [Ord. 2173 § 1, 1980; Ord. 1766 § 20, 1975; Ord. 370 § 3, 1925].

4.24.050 Revocation of license.

A. The license of any person, corporation, partnership, firm or other association may be cancelled and revoked by the city council upon any one or more of the following grounds:

1. Violation of any provision of this chapter, or other city ordinance having a direct relationship to public health or safety, or protection of property, as may pertain to the activity licensed herein.

2. In the event the licensed activity becomes a public nuisance or private nuisance affecting persons residing in or otherwise occupying property in the same general neighborhood.

3. False or misleading statements made in the application for license.

4. Conviction of any offense specified in ECC 4.24.040.

B. Notice of the date, time and place of the meeting at which the council will consider revocation of the license shall be mailed by the city clerk to the licensee at least 10 days prior to the meeting addressed to the licensee as shown on the license application form. [Ord. 2173 § 1, 1980; Ord. 1766 § 19, 1975; Ord. 370 § 2, 1946].

4.24.100 Penalty for violations.

Every person, firm or corporation found guilty of violating any of the terms of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as set forth in ECC 5.50.020. [Ord. 2173 § 1, 1980; Ord. 556 § 6, 1946].