§ 5-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement device: Any coin-operated, token-operated or rented kiddie rides, music machines, skill games or non-skill games, including pool tables, billiard tables, pinball machines, shuffle boards, shuffle bowls, ski ball, rotary merchandisers, dart boards, target games, basket loops and other similar devices. Each coin box, token box or player position on a machine or device with more than one such box or position shall be deemed to be a separate device.
Amusement device tag: An identification sticker required for the operation of an amusement device pursuant to this chapter. Amusement device tags shall not be deemed to be amusement licenses requiring personal background checks under this code.
Amusement license: Any license required to operate an amusement pursuant to articles I and II of this chapter.
Arcade: Any establishment in which is operated more than five (5) amusement devices.
Arcade operator: Any person who is the owner of the business premises on which an arcade is operated, or who leases, subleases, rents or licenses for use such premises to owners or distributors of amusement devices.
Arterial street: Any portion of the following streets within the corporate limits of the city: 43rd Avenue, 51st Avenue, 59th Avenue, 67th Avenue, 75th Avenue, 83rd Avenue, 91st Avenue, 99th Avenue, 107th Avenue, 115th Avenue, Dysart Road, Litchfield Road, Camelback Road, Bethany Home Road, Glendale Avenue, Northern Avenue, Olive Avenue, Peoria Avenue, Cactus Road, Thunderbird Road, Greenway Road, Bell Road, Union Hills Drive, Beardsley Road, Deer Valley Road, Pinnacle Peak Road and Grand Avenue.
Carnival (large or small): Any establishment at which a combination of attractions or exhibitions, such as rides, illusions, freak shows, eating concessions and gaming booths, are available for the purpose of amusement and entertainment and where the public pays either an admission or participation fee. A carnival with more than three (3) attractions and exhibitions shall be deemed to be a large carnival; a carnival with no more than three (3) attractions and exhibitions shall be deemed to be a small carnival. A carnival shall be inclusive of an exhibition as defined in this section.
Carriage for hire: Any non-motorized device in, upon or by which any person is or may be transported or drawn upon a public roadway for a fee.
Circus (large or small): Any establishment at which a combination of attractions or exhibitions, such as rides, illusions, freak shows, eating concessions and gaming booths, with a main attraction and/or sideshows, are available for the purpose of amusement and entertainment and at which the public pays either an admission or participation fee. A circus with more than one (1) main attraction shall be deemed to be a large circus; a circus with no more than one (1) main attraction (a European circus) shall be deemed to be a small circus. A circus shall be inclusive of a carnival or exhibition as defined in this section.
Distributor: Any person who leases, subleases, rents, licenses for use or otherwise furnishes any amusement device to an arcade operator.
Entertainment facility (large or small): Any establishment which, for purposes of entertainment or amusement of its patrons, has more than one musician at any one time and facilities intended to be used for social dancing. An entertainment facility with a dance floor less than one-eighth (1/8) of the total floor area shall be deemed to be a small entertainment facility; an entertainment facility with a dance floor at least one-eighth (1/8) of the total floor area shall be deemed to be a large entertainment facility.
Exhibition: Any establishment at which an exhibit of animals, human beings or objects is featured for the purpose of amusement and entertainment, and at which the public pays an admission fee.
Fee (admission, admittance or participation): Any fee charged by the operator of an amusement for the right to enter, use, view or be entertained by such amusement, including any voluntary payment made by the public if such payment is directly or indirectly encouraged or solicited by the operator as a part of operating the amusement.
Haunted house: Any establishment which is represented or advertised to the public as a haunted house or establishment or in which the public, for a fee, is directed through walkways, corridors or other paths in a building, tent or other structure and which contains a combination of displays, acts, exhibits or other attractions intended to entertain or amuse patrons through the use of scary, spooky or Halloween images.
Kiddie rides: Any coin-operated, token-operated or rented small ride that is so designated to accommodate children under approximately twelve (12) years of age, including pony rides, stagecoach rides, individual ferris wheels with a total machine height of less than six (6) feet on a stationary base and other similar devices.
Music machine: Any juke box or other reproducing device whereby the public hears music upon the insertion of a coin or token in a slot or other receptacle. The term shall include outlets of music played in a central location and transmitted to a given establishment and upon the payment of coin or token into a receiving device. Each separate location outlet shall be deemed to be one (1) music machine.
Nonprofit organization: Any person(s), partnership, association, corporation or other group whose activities are conducted for unselfish, civic or humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group and may include, but shall not be limited to, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic or medical activities.
Persons financially interested: For a corporation, any person who is the beneficial owner of at least fifty percent (50%) of the shares of such corporation; for a noncorporate business, any person who shares in, directly or indirectly, at least fifty percent (50%) of any financial gain attributable to such business as an owner, proprietor or otherwise.
Race tracks: Any establishment at which the racing of horses or dogs is conducted and parimutuel betting is permitted and which is open to the public.
Rides: Any device for which a charge is made to the public for the privilege of riding in or on any animal or mechanical device, where the primary purpose of the ride is to amuse and entertain. The term shall include such things as pony rides, merry-go-rounds, whips, ferris wheels and roller coasters but shall not include animal-drawn carriages.
Security guard: Any person hold a security guard registration certificate as issued by the department of public safety and any off-duty Arizona peace officer.
Shooting gallery: Any establishment which is open to the public and at which firearms are rented for firing upon the immediate premises for the purpose of amusement.
Tax and license manager: The person designated by the city to act as tax and license manager, regardless of such person's official Title with the city.
Wagering establishment: Any establishment at which bets or wagers are made or taken on the results of any race, contest, sports event, game, or any other event or occurrence; provided that this definition does not include lawful betting or wagering that is not regulated under state gaming laws and regulations and does not include race tracks as defined in this article.
(Code 1963, § 4-1; Ord. No. 1060, § 2, 12-26-78; Ord. No. 1081, § 1, 5-22-79; Ord. No. 1180, § 1, 9-8-81; Ord. No. 1504, § 1, 7-28-87; Ord. No. 1690, § 1, 5-28-91; Ord. No. 1723, § 1, 6-2-92; Ord. No. 1918, § 1, 12-10-96; Ord. No. 2077, § 2, 5-11-99; Ord. No. 2603, § 1, 11-27-07)