§ 10-126. Operating regulations and penalties.

(a)

All businesses licensed under this article shall be subject to the following regulations:

(1)

Machines to be kept in plain view; gambling devices prohibited. All such machines shall at all times be kept and placed in plain view of and open and accessible to any person or persons who may frequent or be in any place of business where such devices are kept or used. However, no machine shall be placed within five feet of any public entrance or exit. Nothing in this article shall be construed to authorize, permit or license any gambling device of any nature whatsoever;

(2)

Inspection. The police and code enforcement officers shall inspect or cause the inspection of any place or building in which any machine is operated or set up for operation, and to inspect, investigate and test such machines as needed;

(3)

Attendant required. It shall be unlawful for any business owner licensed under this article to open his business to the public unless an attendant is present. Such attendant shall be of sufficient mental and physical capacity so as to be able to provide aid to patrons if needed or desired. Such attendant shall not be less than 18 years of age;

(4)

Refunds and adjustments. Refunds and adjustments to all customers shall be the responsibility of the business owner;

(5)

Loitering. As used in this section, "loitering" means remaining idle in essentially one location and shall include the concepts of spending time idly, loafing, or walking about aimlessly, and shall also include the colloquial expression "hanging around." It shall be unlawful for any person to loiter within the immediate vicinity of any machine or business regulated under this article or for any person licensed to permit loitering on or in the immediate vicinity of any machine or business regulated under this article in such a manner as to:

a.

Create or cause to be created a danger of a breach of the peace;

b.

Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;

c.

Obstruct the free passage of pedestrians or vehicles;

d.

Obstruct, molest or interfere with any person lawfully in any public place.

(6)

Minors. Business owners shall not knowingly or recklessly allow any unaccompanied minor to frequent or remain on their premises in violation of the compulsory school attendance laws of the state and/or county.

(7)

Alcoholic beverages. No business owner licensed under this article shall allow alcoholic beverages to be consumed, sold, given away or brought onto their premises by any person unless the owner also has a current and valid alcohol retail package license under chapter 6 and does not permit any alcohol the [to] be brought or consumed on the premises. No business owner licensed under this article shall be permitted to obtain an alcohol consumption license under chapter 6.

(b)

Violation of any of the provisions of this article shall be sufficient grounds for revocation of a license issued under this article after citation and a hearing in municipal court.

(Ord. No. 01-2009, § 1, 2-23-2009; Ord. No. 09-2009, § 1(Exh. A), 12-14-09)

State law reference

Criminal violations; investigations; seizure and confiscation of machines; repossession; sealing of machines, O.C.G.A. § 48-17-13.