ORDINANCE NO. 023-19
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 3.5 OF THE
CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA
RELATING TO GAME ROOMS
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment to Section 3.5-16. That Section 3.5-16 of the Code of
Ordinances of the City of Opelika, Alabama, shall be amended to read as follows:
Sec. 3.5-16 Definitions
Wherever used in this article, the following words and phrases shall have the meanings herein specifically ascribed to them:
(a) Amusement device: Any machine or device of any description operated by the
public generally for use as a game or amusement, whether or not registering a score, and whether its operation demands skill or chance or both. For the purpose of this article, an amusement device shall include, but shall not be limited to, the following: Pinball machines, pool, billiards, coin-operated bowling machines, video games, electronic amusement devices, video booths, games played with any number of balls, having holes, pockets, cups, or electronically activated devices, electrical impulse games, cathode games, console machines, crane machines, claw machines, pusher machines, novelty arcade games, foosball or table soccer machines, miniature racetrack, football or golf machines, target or shooting
gallery machines, basketball machines, skee-ball machines, air hockey machines,
trivia machines, simulator games, virtual reality machines, maze games, laser
games, racing games and other similar amusement devices which can be legally
operated in Alabama. The definition of amusement device shall not include juke
boxes, soft drink machines, cigarette machines or other vending machines.
(b) Game room: Any place or business where five (5) or more amusement devices are kept for the use and entertainment of the public and where either the gross receipts from the operation of said amusement devices constitute more than fifty (50) per cent of the gross receipts of the business or more than fifty (50) per
cent of the floor space of the public area of the premises is devoted to the operation of amusement devices.
(c) Person: Every natural person, association, corporation, or business entity.
Section 2. Amendment to Section 3.5-22. That Section 3.5-22 of the Code of Ordinances of the City of Opelika, Alabama, shall be amended to read as follows:
Sec. 3.5-22. – Minimum requirements.
(a) No licensee, proprietor, manager or employee of a game room shall permit:
(1) Any gambling on the licensed premises, and no monetary or tangible awards shall be offered in connection with the operation of any amusement device located on such licensed premises.
(2) Any minor under the age of fifteen (15) years to operate an amusement device between the hours of 5:00 a.m. to 3:00 p.m. on days when said minor is required to be in regular school attendance.
(3) Any screen, curtain, blind, partition or other obstruction between the
entrance or room where amusement devices are played and the back or
rear wall of such game room and a clear view of the entire interior from the entrance to the rear of such room must be maintained at all times. No
partitions forming rooms, stalls, or other enclosures where the public congregate shall be permitted.
(b) A licensed game room shall:
(1) Be closed to the public between the hours of 2:00 a.m. and 6:00 a.m. each morning and the licensee, proprietor or manager shall not permit any person to remain in such game room between such hours, except regular employees performing necessary labor within the premises.
(2) Meet the requirements of the fire, zoning, sanitary, electrical, building and plumbing codes of the city.
(3) Maintain lighting at a minimum intensity of twenty-five (25) footcandles.
(4) Be kept in a clean, healthful and sanitary condition at all times.
(c) If the licensee shall permit billiards to be played for which a charge is made, the minimum requirements as provided in Chapter 23 of the Code shall apply in addition to the applicable requirements of this article.
(d) An owner, proprietor, manager or employee of a game room or other person exercising control over a game room, a portion of a game room, or an operational amusement device shall provide police officers with immediate unrestricted access during business hours to all areas of the game room and to all operational amusement devices located in the game room.
Section 3. Full Force and Effect. With the exception of the amendments made herein,
all other sections and portions of Chapter 3.5 of the Code shall remain in full force and effect, notwithstanding the foregoing amendments.
Section 4. Severability. If any section, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of any competent jurisdiction, said holding shall not affect the remaining portions of this ordinance.
Section 5. Effective Date. This ordinance shall take effect and be enforced immediately upon its adoption and publication as required by law.
Section 6. Codification. Sections 3.5-16 and 3.5-22, as amended herein, shall be
codified in the Code of Ordinances of the City of Opelika, Alabama.
Section 7. Publication. The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 15th day of October, 2019.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR this the 16th day of October, 2019.
/s/ R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 16th day of October, 2019.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ R. G. Shuman CITY CLERK
Legal Run 10/16/2019
ORDINANCE NO. 024-19
AN ORDINANCE AMENDING SECTION 23-2 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA,
EXTENDING HOURS OF OPERATION OF BILLIARD ROOMS
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment. That Section 23-2 of the Code of Ordinances (the “Code”) of
the City of Opelika, Alabama, is hereby amended to read as follows:
Sec. 23-2 Hours of Operation
It shall be unlawful for any person to operate a billiard room between the hours of 2:00 a.m. and 6:00 a.m. or to harbor or permit any person to remain in such billiard room between such hours, except regular employees performing necessary labor within the premises.
Section 2. Full Force and Effect. With the exception of the amendment made herein, all other sections and portions of Chapter 23 of the Code shall remain in full force and effect.
Section 3. Severability Clause. If any section, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, said holding shall not affect the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance shall become effective and enforced
immediately upon its passage and publication as required by law. Section 23-2, as amended herein, shall be codified in the Code of Ordinances of the City of Opelika, Alabama.
Section 5. Publication. The City Clerk of the City of Opelika, Alabama is hereby
authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 15th day of October, 2019.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 16th day of October, 2019.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 16th day of October, 2019.
/s/ Gary Fuller MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal Run 10/16/2019