CHAPTER 12.136
GAME MACHINES AND GAME ARCADES
SECTION:
12.136.020: Arcades; Zoning And Use Permit Requirements
12.136.030: Location License For Game Machines
12.136.040: Existing Arcades; Amortization Period
12.136.050: Operational Requirements
12.136.060: Suspension Or Revocation Of Permits And Licenses
12.136.010 DEFINITIONS:
As used in this chapter, unless the context otherwise indicates, the following words and phrases shall have the following meanings:
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ARCADE: |
Any business establishment in which there are more than three (3) game machines as defined in this section which are available for use by the public or by business invitees, or both. |
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GAME MACHINE: |
Any device, game, or contrivance, including, but not limited to, pinball machines, video games, computer games, electronic games, slot machines, and similar machines and devices for which a charge or payment is received for the privilege of playing, using or operating the same, and which, as the result of such use, operating or playing the same to receive equivalent value in the form of tangible merchandise; excepting, however, pool tables and shuffleboard games. |
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PROPRIETOR: |
The person in whose place of business any game machine is placed for operation and use by the public or by business invitees. |
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SCHOOL: |
Any educational institution, whether public or private, secular or parochial, which offers instruction of high school grade or below. (Ord. 2000-03, 8-7-2000) |
12.136.020 ARCADES; ZONING AND USE PERMIT REQUIREMENTS:
A. Location: Arcades shall be permitted only in locations within an NC or MU zoning district, subject to the issuance of a conditional use permit.
B. Conditional Use Permit Required: It is unlawful to establish or operate an arcade within the city without first obtaining a conditional use permit pursuant to the provisions of chapter 12.28 of this title.
C. Proximity To Liquor Establishments: No use permit shall be granted for an arcade which is located closer than one hundred fifty feet (150’) from any bar, tavern or cocktail lounge holding an on sale alcoholic beverage license and which is engaged principally in the business of selling or dispensing alcoholic beverages on the premises.
D. Term Of Permit: All such conditional use permits shall be valid for the period of two (2) years; thereafter, upon the written application of the permittee accompanied by a filing fee in an amount to be fixed by city council resolution, any such permit may be renewed annually by the planning director after the planning director has reviewed the operation of the arcade and has made the following findings:
1. That all of the conditions of approval of the use permit have been met during the period for which it was issued;
2. That in the operation of said arcade during said period the permittee has not violated any provisions of this chapter, or any provision of this code;
3. That the operation of the arcade during said period has caused no significant adverse effect on the surrounding neighborhood or on the community as a whole. (Ord. 2000-03, 8-7-2000)
12.136.030 LOCATION LICENSE FOR GAME MACHINES:
A. License Required: No person shall install, operate or maintain any game machine on premises owned or under the control of such person without first having obtained a location license in the manner required by this section; provided however, that no location license shall be required for an arcade which has applied for and obtained a conditional use permit pursuant to the provisions of chapter 12.28 of this title. Said license shall be in addition to the business license issued to the premises, and in addition to any license or permit required under other provisions of this code.
B. Information Required: Application for a license shall be made to the city in writing on a form provided by the planning director. It shall be filed with the planning director, together with a filing fee in an amount to be fixed by city council resolution, and shall contain the following information:
1. The name and address of the establishment;
2. The name and address of each proprietor, owner, partner, or corporate officer of the establishment; also the name and address of the person who will have direct control and management of the establishment;
3. The number of game machines to be placed at the establishment;
4. The name and address of the distributor or supplier of the game machines;
5. A sketch showing the dimensions and floor plan of the establishment and the location of each machine proposed to be installed;
6. A statement setting forth the manner and method of providing adult supervision at the establishment;
7. If a proprietor, owner, partner, corporate officer, or manager of the establishment has been convicted of a felony or misdemeanor (minor traffic violations excepted) within the past ten (10) years, then a statement by such person giving the time, place, and pertinent details of such offense;
8. A statement that the game machine or machines for which a license is being sought is not intended to be, and will not be permitted to be, used for any gambling purpose whatsoever; and
9. Such other information as may be required by the planning director or other city officials for the purpose of determining the applicant’s qualifications for a license, or determining whether or not a license should be issued to the premises.
C. Investigation: Upon the filing of such application, the planning director shall be allowed forty five (45) days to investigate, and to approve or disapprove, said application; failure to disapprove within that time shall be deemed an approval. The planning director may deny an application where it is found that the applicant has violated any provision of this chapter or of any other law or ordinance of the city or state.
D. Denial Or Revocation: An application for a license may be denied or any license issued hereunder may be suspended or revoked by the city council where it is found that the applicant has violated any of the provisions of this chapter, or where the operation of game machines has become a nuisance or detrimental to the health, safety, and general welfare of the adjacent neighborhood. Any applicant who has had a license revoked may not reapply for such license for a period of six (6) months following such denial or revocation. (Ord. 2000-03, 8-7-2000)
12.136.040 EXISTING ARCADES; AMORTIZATION PERIOD:
Notwithstanding the provisions of this chapter, any person lawfully operating a game machine or machines or an arcade as of the effective date of this chapter shall be permitted to continue such operation for a period of two (2) years from such date without obtaining a conditional use permit pursuant to chapter 12.28 of this title, or a location license pursuant to section 12.136.030 of this chapter; provided however, that no game machine or arcade, whether lawfully in operation on the effective date of this chapter or not, shall be exempted from any of the provisions of section 12.136.050 of this chapter. (Ord. 2000-03, 8-7-2000)
12.136.050 OPERATIONAL REQUIREMENTS:
No game machine or arcade shall be operated within the city unless all of the following conditions and requirements applicable to the same are complied with:
A. Machine Location: Where machines are located along one side of an aisle, said aisle shall be a minimum of sixty six inches (66") in width and shall be unobstructed. When machines are located on both sides of any aisle, the aisle shall be not less than ninety inches (90") in width and shall be unobstructed. The maximum number of machines in any site shall not exceed one machine for every forty (40) square feet of gross floor area allotted to game machine operations.
B. Visibility And Lighting: All windows and glass doors of an arcade that provide a view of the interior of the premises shall remain unobstructed at all times. The premises shall remain unobstructed at all times. All exterior parking areas, entrances, and interior areas shall be adequately lighted, as determined by the chief of police.
C. Parking Requirements: See chapter 12.120 of this title.
D. Toilet Facilities: Each arcade shall provide adequate toilet and lavatory facilities accessible to customers, employees, and business invitees.
E. Supervision: Each arcade, or other premises containing a game machine or machines shall provide sufficient security measures to effectively regulate parking congestion, disturbing noise and light, loud conversations, and criminal activities. During hours of operation arcades shall have on duty at all times at least one adult attendant who shall be responsible for and shall supervise all activities on the premises to ensure that the provisions of this chapter and other applicable laws are complied with and that there is no conduct on the part of customers, employees, or other persons on the premises that is detrimental to the public health, safety and general welfare. As a condition of issuing or continuing in effect any license issued under this chapter, the city council may require additional attendants if it finds that adequate supervision cannot be maintained by one person.
F. Hours Of Operation: No arcade or other premises containing a game machine or machines shall be open for business except between the hours of nine o’clock (9:00) A.M. and ten o’clock (10:00) P.M. on Sundays through Thursdays, and between the hours of nine o’clock (9:00) A.M. and midnight on Fridays and Saturdays. During the school year, persons under the age of eighteen (18) shall not be allowed to operate game machines at any location Monday through Friday, except legal school holidays, between the hours of nine o’clock (9:00) A.M. and three o’clock (3:00) P.M., unless accompanied by such person’s parent or guardian.
G. Noise Control: In an arcade or other premises containing a game machine or machines, all necessary steps shall be taken to reduce noise caused by the operation of game machines and by persons in and around the premises. The code enforcement officer shall investigate complaints and the results of such investigation shall be reported in writing to the city council. If the council finds in a particular case that the complaint is valid, it shall order the licensee to take immediate action to correct the condition; the failure of a licensee to do so within a reasonable time after notice of the order shall constitute a violation of this section.
H. Arcades; Alcohol And Drugs Prohibited: No person shall enter, or be allowed to remain, in any part of an arcade while in possession of, consuming, using, or under the influence of any alcoholic beverage or drug. The licensee and every supervisory employee shall be responsible for the enforcement of this subsection and shall not permit any person to remain on the premises who is in violation thereof.
I. Fire Safety: Within an arcade or other premises containing a game machine or machines, all fire regulations shall be observed and reasonable ingress and egress to and from the premises shall be maintained.
J. Signs: The operator of an arcade or other premises containing a game machine or machines shall post at each entrance to the premises, plainly visible to persons entering therein, a sign advising such persons of the provisions of subsections F and H of this section. The text of the signs shall be in letters at least one inch (1") high and shall be in both English and Spanish.
K. Compliance With Other Laws: In all operations governed by the provisions of this chapter, a licensee shall comply with all other laws, rules, and regulations of governmental authorities having jurisdiction thereof, including those of the city. (Ord. 2000-03, 8-7-2000)
12.136.060 SUSPENSION OR REVOCATION OF PERMITS AND LICENSES:
The planning director may suspend or revoke any conditional use permit or license issued pursuant to this chapter where it is found that:
A. The holder thereof has violated any provision of this chapter or of any other law or ordinance of the city or state pertaining to activities regulated by this chapter; or
B. The continuance of the business by the holder thereof at the permitted location constitutes a nuisance or is detrimental to the health, safety, or general welfare of the adjacent neighborhood or of the public at large; or
C. The permit or license was procured by false or fraudulent representation. (Ord. 2000-03, 8-7-2000)
12.136.070 APPEALS:
Appeals from decisions of the planning director denying an application for the issuance of renewal of a use permit or license hereunder, or suspending or revoking any such permit or license, shall be made to the city council by filing a written notice of appeal with the planning director within five (5) days after the date of the decision. The decision of the city council on the appeal shall be final and conclusive. (Ord. 2000-03, 8-7-2000)
12.136.080 PUBLIC NUISANCE:
In addition to the criminal penalties provided for in this code, a violation of any provision of this chapter, or any condition caused or permitted to exist in violation of any of the provisions of this chapter, shall and is hereby declared to be a public nuisance, and may be abated by the city as such. (Ord. 2000-03, 8-7-2000)
12.136.090 VALIDITY:
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 2000-03, 8-7-2000)
12.136.100 VIOLATIONS:
It is unlawful for any person to violate any of the provisions of this chapter. Every day such violation is committed, or permitted to continue, shall constitute a separate offense. (Ord. 2000-03, 8-7-2000)