AMUSEMENT DEVICES

Columbus City Codes tit. 5, ch. 559

in effect

Columbus City Codes § 559.01 Definitions.

559.01 - Definitions. For the purposes of this chapter, the following words are defined and shall have the meaning ascribed to them as hereafter set forth unless the context clearly requires a different meaning: (a) "Amusement device" means any machine, device or instrument which, upon the insertion of a coin, token, slug or card, operates or may be operated for use as a game, a contest or test of skill or other amusement of any description. "Amusement device" does not include vending machines. (b) "Game machine" means any amusement device which, upon the insertion of a coin, token, slug or card, operates or may be operated for use as a game or a contest or test of skill. (c) "Amusement arcade" means any place of business at which five (5), or more game machines or amusement devices are located for the use of entertainment of persons patronizing the place of business. (d) "Owner" means any individual, corporation or other entity owning title to any amusement device. (e) "Exhibitor" means any individual, corporation or other entity conducting business at a place of business at which any amusement device is located for the use or entertainment of persons patronizing the place of business. (f) "Operator" means any individual, corporation or other entity conducting a business at a place of business which is an amusement arcade. (g) "Good moral character" means not having been convicted of a crime involving moral turpitude within five (5) years next preceding the date of the application. (h) "Film or video viewing device" means any electrical or mechanical device in any place of business which projects or displays any film or video tape or reproduction, the temporary use of which is contingent upon the payment of some consideration and which use is to occur upon the premises where the device is located. Film or video viewing device is considered an amusement device within the meaning of Section 559.01(a). (i) "Viewing areas" means the area where a patron or customer is ordinarily seated, positioned or located within a viewing booth, stall, partitioned area or individual rooms where such patron would be watching or viewing a film or video viewing device. (j) "Continuous main aisle" means the aisle, or aisles, or area immediately outside a viewing area and includes a continuous aisle unbroken by partitions or other obstructions when viewing areas are located in rows or booths in a line, whether such booths are attached or unattached. Continuous main aisle does not require that there be only one aisle where viewing areas within the premises are located, as long as there is a continuous main aisle for each row or rows. (Ord. 2994-87.)

Columbus City Codes § 559.07 Amusement arcade license required.

559.07 - Amusement arcade license required. No individual, corporation or other entity shall be the operator of an amusement arcade at any place of business unless such operator holds a valid amusement arcade license. For the place of business at which such amusement arcade is operated. (Ord. 2822-95.)

Columbus City Codes § 559.08 Application for amusement arcade license.

559.08 - Application for amusement arcade license. The Director is authorized to accept for filing such applications for the issuance of amusement arcade licenses. Each application for an amusement arcade license shall be signed by the operator in whose name the amusement arcade license is to be issued. The application for an amusement arcade license shall be upon a form prescribed by the Director and shall set forth the name and address of the operator, the address of the place of business which is to be the licensed amusement arcade, the period for which the amusement arcade license is sought, a list of all game machines to be located at the amusement arcade and such other information as the Director reasonably requires. If the operator filing the application for amusement arcade license is a corporation, the application for amusement arcade license shall list the names of any individual, corporation or other entity owning twenty-five percent (25%) or more of the issued and outstanding shares of any class of stock of the corporation. If the operator filing the application for amusement arcade license is a partnership, the application for amusement arcade license shall list the names of all partners. As to any corporation or partnership listed in accordance with the two immediately preceding sentences, the listing required by such sentences shall be repeated and further repeated for any other partnership or corporation listed on the application for amusement arcade license. There shall be filed with each application for an amusement arcade license the affidavit of the operator as to its good moral character and the truth of the matters set forth in the application for the amusement arcade license. (Ord. 2705-90; Ord. 1132-2008 Attach. (part); Ord. No. 0768-2024, § 3, 3-18-2024)

Columbus City Codes § 559.09 Issuance of amusement arcade license.

559.09 - Issuance of amusement arcade license. The safety director is authorized to issue amusement arcade licenses. Each amusement arcade license shall set forth the name and address of the operator, the address of the place of business which is the licensed amusement arcade, the calendar year for which such license is issued - or in the case of an amusement arcade license issued for one hundred eighty-two (182) days, the date of expiration of such license. The safety director shall issue no amusement arcade license unless: (a) The operator of the amusement arcade to be licensed has properly filed the application for amusement arcade license and affidavits required by Section 559.08 of the Columbus City Codes, 1959; (b) The fee required by Section 559.12 of the Columbus City Codes, 1959, has been paid; (c) The safety director has found that the operator is of good moral character; and (d) The safety director has determined that there exists no other reasonable cause to deny the issuance of the amusement arcade license. The safety director may determine that reasonable cause to deny the issuance of the amusement arcade license if, within the three (3) years next preceding the date on which the pending application for amusement arcade license was filed with the safety director, any amusement arcade license issued upon application therefor which lists the name of any individual, corporation or other entity listed on the pending application for amusement arcade license has been suspended or revoked. (Ord. 2705-90.)

Columbus City Codes § 559.10 Reserved.

Columbus City Codes § 559.11 Display of amusement arcade license.

559.11 - Display of amusement arcade license. Each amusement arcade license shall be prominently displayed at the place of business listed thereon in view of the patrons of the licensed amusement arcade. (Ord. 2211-87.)

Columbus City Codes § 559.12 Fees.

559.12 - Fees. (a) The fee for an amusement arcade license shall be six hundred dollars ($600.00) annually. (Ord. 2705-90; Ord. 868-03 § 1 (part).)

Columbus City Codes § 559.13 Prohibited conduct.

559.13 - Prohibited conduct. In addition to those general causes for revocation or suspension of licenses provided in Chapter 501 of the Columbus City Codes, 1959, it shall be a cause for revocation or suspension of amusement arcade licenses for an operator to: (a) Operate an amusement arcade for which such operator does not hold a valid amusement arcade license; (b) Permit any game machine to be located at a licensed amusement arcade operated by such operator unless the game machine is listed on the amusement arcade application for such amusement arcade; (c) Fail to display its amusement arcade license as required by Section 559.11 of the Columbus City Codes, 1959; (d) Permit to be located at any licensed amusement arcade operated by such operator any amusement device which is not properly listed on the amusement arcade application; (e) Permit any minor under the age of eighteen (18) years to use or operate any game machine, located at any amusement arcade operated by such operator, at any time that the serving or consumption of alcoholic beverages is permitted at the amusement arcade unless: (1) Such game machine is located in a room in which the serving and consumption of alcoholic beverages is prohibited and such room is separated, by floor-to-ceiling walls and doors which are kept closed except when used by an individual for ingress or egress, from all rooms in which the serving or consumption of alcoholic beverages is permitted; or (2) Such minor under the age of eighteen (18) years is accompanied by a parent, guardian or adult relative; or (f) Permit any violation of an ordinance of the city of Columbus or statute of the State of Ohio for which a criminal penalty may be invoked to take place at any amusement arcade operated by such operator. (g) Permit any minor under the age of eighteen (18) years to use or operate any film or video viewing device which exhibits depictions of: (1) Material that is "harmful to juveniles" as defined in Section 2307.01(E) of the city code. (2) Vaginal or anal intercourse between persons, regardless of sex. (3) Sexual contact between humans and animals. (4) Masturbation, whether of another or one's self. (5) Oral sex, real or simulated. (Ord. 2705-90.)

Columbus City Codes § 559.14 Applicable license codes.

559.14 - Applicable license codes. The provisions of Chapters 501 and 505 of the Columbus City Codes, 1959, shall apply to amusement arcade licenses. (Ord. 2705-90.)

Columbus City Codes § 559.15 False affidavit.

559.15 - False affidavit. Any person who swears falsely in any affidavit required to be filed under the provisions of this chapter shall be guilty of a fourth degree misdemeanor. (Ord. 2211-87.)

Columbus City Codes § 559.16 Exemptions from fee.

559.16 - Exemptions from fee. No license fee shall be charged for amusement arcades operated solely for the benefit of a charitable, benevolent or religious institution. (Ord. 2705-90.)

Columbus City Codes § 559.17 Requirement for police supervision.

559.17 - Requirement for police supervision. In the event the Director exercises the powers granted under Chapters 501 and 559, Columbus City Codes, to suspend or revoke the license of an individual, corporation or other entity for an amusement arcade because of a violation of Section 559.13 of the Columbus City Codes, the Director may reinstate such license at any time upon the condition that the operator whose license is in question employ a sworn off-duty police officer, regularly employed by a governmental agency having authority to enforce the laws of the city of Columbus and the State of Ohio, to attend the premises on which the amusement arcade is located each day such establishment permits those devices to be operated between the hours of 8:00 p.m. and 7:00 a.m. Nothing herein shall be interpreted so as to establish authority to control or responsibility for the actions of such police officer by the operator. The operator must submit a notarized statement to the Director that the operator agrees to employ such officer for each hour between 8:00 p.m. and 7:00 a.m. each day the establishment permits the devices to be operated, and that the operator will have the officer under employment within five (5) business days after the finding by the Director that such is necessary in order to continue lawful operation of the amusement arcade. Upon the request of the operator so directed to employ an officer, the Director may terminate such condition under which the operator may retain a valid license, if the Director finds that the operator has not permitted the activity prohibited by Section 559.13 of the Columbus City Codes for a period of one year after the imposition of the condition for license continuation as specified in this section. (Ord. 2705-90; Ord. No. 2019-2021, § 1, 7-26-2021; Ord. No. 0768-2024, § 3, 3-18-2024)

Columbus City Codes § 559.18 Film or video viewing device specifications and requirements.

559.18 - Film or video viewing device specifications and requirements. Any amusement arcade containing film or video viewing devices shall comply with the requirements herein if the material exhibited by the devices depicts any of the following elements: (a) Vaginal or anal intercourse between persons, regardless of sex. (b) Sexual contact between humans and animals. (c) Masturbation, whether of another or one's self. (d) Oral sex, real or simulated. (e) Graphic depiction of human excretory functions. (1) Viewing areas for all film or video devices must be visible from a continuous main aisle and must not be obscured by any curtain, door or other enclosure. (2) All side or rear walls of a viewing area for a film or video viewing device must be without holes or openings. Whoever violates or fails to comply with Columbus City Code Section 559.18 shall be deemed guilty of a misdemeanor of the first degree. (Ord. 2211-87.)

Columbus City Codes § 559.19 Severability clause.

559.19 - Severability clause. If any portion of this chapter, or any section or part of a section is declared to be invalid by a court of competent jurisdiction, such declaration of invalidity shall be limited to that portion, section, or part of a section declared invalid. Any such declaration or invalidity shall not affect or impair the remainder of the chapter, and to this end the objectionable provisions are severable. (Ord. No. 0768-2024, § 3, 3-18-2024)

Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT5BURELICO_CH559AMDEFetched: 10/27/2026