1. Act of violence means an incident consisting of a riot, brawl or a disturbance in which bodily injuries are sustained by any person and such injuries would be obvious to a reasonable person, or tumultuous conduct of sufficient intensity as to require the intervention of a peace officer to restore normal order, or an incident in which a weapon is brandished, displayed or used.

2. Amusement means any establishment or device for which a license fee is set forth in Section 7-13 of this Chapter.

3. Board means the License Appeal Board.

4. Business hours means the posted hours that the business is open to the public, the hours that the business is normally open to the public or, in the case of a business without fixed or normal business hours, those hours that the business is open to the public.

5. Business premises means all area controlled or utilized by the licensee in connection with the operation of the licensed business, including all parking areas, driveways, and walkways under the licensee’s control or made available for customer use. This definition applies irrespective of whether the area is open or accessible to the public.

6. City Clerk means the City Clerk of the City of Phoenix or the City Clerk’s designee.

7. Coin-operated game machine means any machine, device or apparatus in a business open to the public that is used as a game or contest of any description or for entertainment or which may be used for any such game or contest or for entertainment and the operation or use of which is permitted, controlled, or made possible by the deposit or placing of any coin, plate, disc, slug, key, currency, or any other device into any slot, crevice, or other opening, or by any payment in lieu thereof, except a machine, device, or apparatus used or offered for use by any person for playing or rendering music or as a test of strength or endurance.

8. Concession game means any game operated by a concessionaire for profit in which an individual pays a fee for participation and may receive a prize.

9. Concessionaire means any business operating at a fair, carnival, festival or similar event that occurs on a temporary, intermittent or seasonal basis.

10. Conviction means entry of judgment of guilt by the court of original jurisdiction.

11. Game center means any enclosed or indoor establishment open to the public in which six or more coin-operated game machines are operated for the purpose of amusement or entertainment.

12. Intentionally means, with respect to a result or to conduct described in this Chapter defining an offense, that a person’s objective is to cause that result or to engage in that conduct.

13. Kiddie ride means an amusement device designed for children in which no more than three children ride upon an imitation object or animal such as a horse, car, motorcycle, spaceship, wagon or cartoon figure that operates either as a carrousel or on a fixed platform. This definition is limited to those amusement devices that have a horizontal diameter of no more than six feet at their widest part.

14. Knowingly means, with respect to conduct or a circumstance described in this Chapter, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

15. Manager means an individual authorized by the licensee to exercise overall operational control of the business, to supervise employees, or to fulfill any of the functions of a manager required by this article.

16. Person means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, receiver, syndicate or other legal entity.

17. Person financially interested means, for a corporation, any person who is an officer or a director or a shareholder holding more than ten percent of the shares thereof and for a noncorporate business means any person who shares in the profits of the business on the basis of gross or net revenue but not including any person who receives a portion of such gross or net revenue in return for the privilege of permitting any other persons to maintain any amusement in their place of business.

18. Physical barrier means a solid wall or other similar fixture that is all of the following:

19. Pool hall means any establishment open to the public that rents or makes available for a consideration six or more billiard or pool tables.

20. Qualifying charitable organization means a charitable organization that is exempt from Federal Income Taxation under Section 501(c)(3) of the Internal Revenue Code and that has been in continuous existence for the previous thirty-six months.

21. Repeated acts of violence means two or more acts of violence occurring within any seven consecutive calendar days or three or more acts of violence occurring within any thirty consecutive calendar days.

22. Ride means any amusement device in which a charge is made to the public for the privilege of riding in or on any mechanical device, and where the purpose of the ride is to amuse and entertain, including, but not limited to, such things as merry-go-rounds, whips, Ferris wheels, roller coasters, and other similar devices, but excluding a kiddie ride.

23. School means any regularly organized nonprofit, charitable, or religious institution providing solely educational curricula for its students which curricula are taught by competent instructors.

24. Spirituous liquor means any alcohol, brandy, whisky, rum, tequila, mescal, gin, wine, port, ale, beer, malt liquor, malt beverage, absinthe, or compound or mixture of any of them or of any of them with any vegetable or other substance, alcohol bitters, bitters containing alcohol and any liquid mixture or preparation, whether patented or otherwise, that produces intoxication, fruits preserved in ardent spirits and beverages containing more than one-half of one percent of alcohol by volume.

25. Tag means the sticker, decal or label issued by the City Clerk pursuant to this Chapter for a particular device, game, ride or machine.

26. Tamper-proof means unable to be removed without the use of a screwdriver, wrench, or other similar tool.

27. Teenage dancehall means an establishment open to persons under eighteen years of age in which at least one person under the age of eighteen years is unaccompanied by either a parent, legal guardian or other adult having the care, custody or supervision of the juvenile, where music is furnished for the purpose of dancing, and at which an admission or minimum fee is charged. A teenage dancehall includes the building or pavilion or other place provided for dancing together with all surrounding premises used for parking or any other activity related to the dancing operation. (Ord. No. G-1964, § 3; Ord. No. G-1974, § 1; Ord. No. G-3202, § 1; Ord. No. G-3565, § 1; Ord. No. G-3566, § 1; Ord. No. G-3569, § 1; Ord. No. G-3570, § 1; Ord. No. G-3571, § 1; Ord. No. G-3599, § 1; Ord. No. G-3600, § 1; Ord. No. G-3601, § 1; Ord. No. G-3610, § 1; Ord. No. G-3611, § 1; Ord. No. G-3683, § 6; Ord. No. G-3922, §§ 1, 2, 1996; Ord. No. G-4409, §§ 1, 2, 2002; Ord. No. G-5389, § 3, 2009)