§ 10-121. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Applicant or licensee means owner as defined in this section including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself.

(2)

Available floor space means and includes all that space necessary for the placement, operation and use of the machines licensed under this article and shall not be solely limited to the space occupied by the machines themselves.

(3)

Bona fide coin-operated amusement machine means:

a.

Every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to O.C.G.A. § 16-12-35(b) through (g), and which can be legally shipped interstate according to federal law. Examples of bona fide coin-operated amusement machines include, but are expressly not limited to, the following:

1.

Pinball machines;

2.

Console machines;

3.

Video games;

4.

Crane machines;

5.

Claw machines;

6.

Pusher machines;

7.

Bowling machines;

8.

Novelty arcade games;

9.

Foosball or table soccer machines;

10.

Miniature racetrack, football, or golf machines;

11.

Target or shooting gallery machines;

12.

Basketball machines;

13.

Shuffleboard games;

14.

Kiddie ride games;

15.

Skeeball machines;

16.

Air hockey machines;

17.

Roll down machines;

18.

Trivia machines;

19.

Laser games;

20.

Simulator games;

21.

Virtual reality machines;

22.

Maze games;

23.

Racing games;

24.

Coin-operated pool tables or coin-operated billiard tables as defined in O.C.G.A. § 43-8-1(3); and

25.

Any other similar amusement machine which can be legally operated in the state; and

b.

Every machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object such as jukeboxes or other similar types of music machines.

c.

The term bona fide coin-operated amusement machine does not include the following:

1.

Coin-operated washing machines or dryers;

2.

Vending machines which for payment of money dispense products or services;

3.

Gas and electric meters;

4.

Pay telephones;

5.

Pay toilets;

6.

Cigarette vending machines;

7.

Coin-operated scales;

8.

Coin-operated gumball machines;

9.

Coin-operated parking meters;

10.

Coin-operated television sets which provide cable or network programming;

11.

Coin-operated massage beds; and

12.

Machines which are not legally permitted to be operated in the state.

(4)

Business owner means an owner or operator of a business where one or more bona fide coin-operated amusement machines are available for commercial use and play by the public.

(5)

License means the certificate which every owner of a bona fide coin-operated amusement machine must purchase and display in the owner's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the city.

(6)

Net receipts means the entire amount of moneys received from the public for play of an amusement machine, minus the amount of expenses for noncash redemption of winnings from the amusement machine, and minus the amount of moneys refunded to the public for malfunction of the amusement machine.

(Ord. No. 01-2009, § 1, 2-23-2009)

State law reference

Definitions, O.C.G.A. § 48-17-1.