§ 7-10. Definitions and exemptions.

Words and phrases used in this article shall have the following meanings ascribed to them:

(a)

Amusement facilities shall mean any permanent facilities or establishments open for public viewing or participation and used for (as specifically described in section 7-11): performances of music, performances of dance, comedy, oration, and drama; sporting events and exhibitions; animal exhibitions; recreational activities; and similar live or recorded entertainment; provided, however, similar activities shall be exempted if conducted in any facility or establishment:

(1)

Licensed under any other article of this chapter or under article III of chapter 6 (unless licensing under this article is specified in another article of this chapter);

(2)

Owned and operated by the city or its agents or agencies, or operated on city property by concessionaires or contractors under contract with the city;

(3)

Owned or operated by School District No. 1 or a state-accredited private school or academy;

(4)

Owned or operated by a state-accredited college or university; or

(5)

Owned or operated by a charitable, civic, political, patriotic, religious, educational, recreational, fraternal or cultural organization which is tax exempt pursuant to section 501(c) of the Federal Internal Revenue Code of 1986, as amended, so long as the income derived by the organization from said facility or establishment is not subject to taxation as "unrelated business income" under sections 511 and 512 of the Internal Revenue Code of 1986, as amended.

(b)

Temporary amusements shall mean short-term amusements conducted on premises not owned or operated by the entities or organizations specified in paragraphs (a)(2), (3), (4), and (5) of this section or not owned or operated by a person who already holds an amusement facilities license for a facility or establishment in which the amusement may be lawfully presented or held.

(c)

Amusement devices shall mean any mechanical or electronic machines or equipment providing games of chance or skill or interactive entertainment and available for public use in a commercial establishment. Amusement devices shall include, but are not limited to, video games, computer games, pinball machines, foosball machines, arcade games, and similar amusement devices. Amusement devices shall not include pool tables or billiard tables, children's rides, or jukeboxes or similar electronic or mechanical music machines which do not involve games of chance or skill or interactive entertainment.

(d)

Amusement center shall mean any commercial establishment that has four (4) or more amusement devices.

(e)

Billiard parlor or pool hall shall mean any commercial establishment that has over ten (10) percent of its total internal floor space used as a playing area for billiard and/or pool tables.

(f)

Performance of dance means a performance on stage in which one or more performers dance for the entertainment of the public which observes the dance. The term does not include situations where members of the public itself dance.

(Ord. No. 806-98, § 2, 11-16-98; Ord. No. 500-01, § 1, 6-18-01; Ord. No. 643-06, § 1, 10-2-06)