Chapter 5.80
ELECTRONIC VIDEO GAMES
Sections:
5.80.020 Installation or operation without permit unlawful.
5.80.030 Existing business – When permit deemed issued.
5.80.040 Permit – Posting notice of application.
5.80.050 Permit – Application fee.
5.80.060 Permit – Application.
5.80.070 Permit – Approval or denial – Grounds therefor.
5.80.080 Permit – Appeal – Hearing.
5.80.110 Permit – Revocation – Grounds.
5.80.120 Permit – Revocation – Hearing – Appeal.
5.80.130 Proximity to schools and residential zones.
5.80.140 Hours of operation for minors under eighteen years of age.
5.80.150 Operating requirements.
5.80.160 Compliance with other laws.
5.80.010 Definitions.
As used in this chapter, the following words shall have the following respective meanings:
A. “Chief of police” means the chief of police of the city.
B. “City manager” means the city manager of the city.
C. “Electronic video games” mean any machine, apparatus, contrivance, appliance or device which may be operated or played upon the placing or depositing therein of any coin, check, token, slug, ball or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including electronic video games or any other similar machine or device.
D. “Operator” means any owner or lessee of such electronic games who installs or maintains the same in any place of business which is not his own or under his direct control where the same can be played or operated by persons in the same place.
E. “Person” means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.
F. “Proprietor” means the person in whose place of business any such electronic video game is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place.
G. “School” means any educational institution, public, private, secular or parochial, which offers instruction of high school grade or below.
H. “Street” means any street, alley, way, boulevard or road, either public or private, that is used or to be used for ingress or egress. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.01).
5.80.020 Installation or operation without permit unlawful.
A. It is unlawful for any proprietor to install, operate or maintain to be operated, any electronic video game without first having obtained a permit from the city manager. The permit shall be valid only for the number of games therein specified and shall be renewed annually. The use of additional devices shall require a new permit. The chief of police shall be the investigating official for the purpose of this chapter.
B. It is unlawful for any operator to install or allow any electronic video game to be installed in any proprietor’s place of business which requires a permit as provided for in this chapter unless said proprietor has been issued such permit. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.02).
5.80.030 Existing business – When permit deemed issued.
Any proprietor owning or operating a business lawfully in existence upon the effective date of this chapter shall be deemed to have been issued a permit hereunder; provided, that such proprietor, within thirty days after the effective date, submits on a form prescribed by the city manager a record of information on such existing business; and further provided, that the proprietor shall comply with the provisions and requirements of MMC 5.80.140, 5.80.150 and 5.80.160, or as hereafter amended. No filing fee or permit fee shall be payable therefor. The provisions of this section shall apply to subsequent proprietors at the same location. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.03).
5.80.040 Permit – Posting notice of application.
“Notice of Intent to Apply for a Permit for Electronic Video Games” must be posted on the premises described in the application within five days of the filing of an application for a permit hereunder. (Ord. 457, § 1; 1976 Code § 5-16.04).
5.80.050 Permit – Application fee.
Any application for a permit shall be accompanied by a nonrefundable fee established by resolution of the city council. The application fee shall be used to defray, in part, the costs of investigation and report, and is not made in lieu of any other fees or taxes required under this code. (Ord. 457, § 1; 1976 Code § 5-16.05).
5.80.060 Permit – Application.
A. Any application for a permit shall be filed with the city clerk, who shall forward it to the city manager.
B. Within fifteen working days following receipt of a completed application, the city manager shall either issue the permit or mail a written statement of his reasons for denial thereof to the applicant’s mailing address set forth therein.
C. The city manager shall refer each application to the chief of police for a report and recommendation. Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct the required investigation. The chief of police shall be allowed ten working days to investigate and report on each application.
D. The application for a permit shall be on a form prescribed by the city manager and which shall be signed by the applicant, and shall contain the following information:
1. Name of the applicant;
2. Business address of applicant;
3. Residence address of applicant;
4. The previous addresses of applicant, if any, for a period of three years immediately prior to the date of the application, and the dates of residence at each;
5. Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;
6. Date and place of birth of applicant;
7. The address and name of the owner, lessee or other person in control of the establishment or establishments wherein the electronic video game or games are proposed to be located;
8. The citizenship of the applicant;
9. If the applicant has been convicted of any felony or misdemeanor, then a statement concerning the same should be required of the applicant, giving the time and place of such convictions;
10. A statement that the electronic video game for which a permit is sought is not intended to be, and will not be permitted to be, used for any gambling purpose whatsoever;
11. A complete description of the games and the manner in which they are to be placed and operated;
12. A statement of the total number of such games currently on the premises, if any, and a description of each;
13. A statement of the applicant’s interest in, or title to, the games for which a permit is sought;
14. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation, or Charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of the corporation.
If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporation applicants shall apply;
15. Any further information which the city manager may require. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.06).
5.80.070 Permit – Approval or denial – Grounds therefor.
The application for a permit shall be approved and the permit issued subject to compliance with the terms and provisions of this chapter and, upon payment of a permit fee, the amounts of the permit fee and annual renewal fee shall be established by resolution of the city council, unless it is found and determined that either:
A. The application fails to conform to the requirements of this chapter; or
B. Approval of the permit would be contrary to the public health, safety, morals or general welfare, in which event the permit shall be denied. (Ord. 457, § 1; 1976 Code § 5-16.07).
5.80.080 Permit – Appeal – Hearing.
Any interested party may appeal the decision of the city manager concerning a permit application to the city council by filing a written notice of appeal with the city manager within five days of the serving or mailing of the decision, excluding the first day and including the last day.
The city council shall fix a time and place for hearing such appeal and shall cause or direct the city clerk to give notice thereof in writing to such person by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to such person at his or her last known place of address. The city council shall hold a hearing upon any such appeal and its decision shall be final. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.08).
5.80.090 Permit – Posting.
The permit shall be permanently and conspicuously posted at the location of the electronic video games in the premises wherein the games are to be operated or maintained to be operated, and shall not be removed from the location during the period for which the permit was issued. (Ord. 457, § 1; 1976 Code § 5-16.09).
5.80.100 Permit – Transfer.
No permit required pursuant to this chapter shall be transferable, nor apply to any premises other than originally specified as the location of the electronic video game or games permitted, except upon written permission of the city manager granted upon written application by the transferee, made in the same manner as may be required in the instance of the original application for issuance of such permit. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.10).
5.80.110 Permit – Revocation – Grounds.
Any permit issued under the provisions of this chapter may be revoked by the city manager:
A. If the proprietor to whom a permit has been issued has violated any of the terms or provisions of this chapter; or
B. If the city manager finds that electronic video games may no longer be installed and used at the premises covered by the permit without danger to the public peace, health or safety. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.11).
5.80.120 Permit – Revocation – Hearing – Appeal.
Prior to the revocation of any permit issued under this chapter, the proprietor shall be given notice of the proposed action and shall be given an opportunity to be heard. If, within five days after such notice of proposed action has been given to the proprietor, he or she requests a hearing on the proposed revocation, a public hearing shall be held within ten days after such request, upon three days notice to the proprietor. The city manager shall conduct the hearing, and if, as a result thereof, such permit is ordered revoked, the proprietor shall have the right, within five days after such order, to appeal such action to the city council in the manner specified in MMC 5.80.080. The city council shall hold a hearing upon any such appeal and its decision shall be final.
Notice of the proposed revocation of any permit, of the date of the hearing and of the decision of the city manager shall be given by serving it personally upon the proprietor, or by depositing it in the United States mail, postage prepaid, addressed to the proprietor at the place of business set forth in the permit. (Ord. 457, § 1, Amended by Ord. 698, § 1; 1976 Code § 5-16.12).
5.80.130 Proximity to schools and residential zones.
A. It is unlawful for any proprietor of an electronic video game to cause, permit or allow same to be located, operated or maintained to be operated within one thousand feet of the nearest street entrance to or exit from any public playground or public or private school or elementary or high school grades. Such distance shall be measured from the entrance or exit in the most direct line or route on, along or across the street or streets adjacent to the public playground or public or private school or elementary or high school grade or residential zoning district.
B. It is unlawful for any proprietor in whose place of business more than three electronic video games are located to cause, permit or allow same to be located, operated or maintained to be operated within three hundred feet from any residential zoning district. Such distance shall be measured from the entrance or exit in the most direct line or route on, along or across the street or streets adjacent to the residential zoning district. (Ord. 457, § 1; 1976 Code § 5-16.13).
5.80.140 Hours of operation for minors under eighteen years of age.
No proprietor, employee thereof, or person in charge, shall allow any minor under eighteen years of age to play or use any such game during the academic year for public schools in the city between the hours of seven a.m. and three p.m., except during school holidays and on Saturday and Sunday, nor between the hours of ten p.m. and seven a.m. on weekdays and all days preceding school days, and between midnight and seven a.m. on all other days. (Ord. 457, § 1; 1976 Code § 5-16.14).
5.80.150 Operating requirements.
All electronic video games must be visible from the entrance and the entrance must be unlocked during all times that the premises in question are open for business. (Ord. 457, § 1; 1976 Code § 5-16.15).
5.80.160 Compliance with other laws.
A. The issuance of a permit to any proprietor shall not entitle the proprietor to install any electronic video game or games in his or her business premises unless the proprietor has complied with all the requirements of this code and all other applicable laws, nor in the event such business premises are situated in an area or locality in which the conduct of his or her business is in violation of this code, or any ordinance of the city, or any other law.
B. Neither this chapter nor any provision therein contained shall include or apply to any act which is made a public offense by the Penal Code of the state of California, or by any other law of the state of California, or of the United States government; nor shall this chapter or any provision therein contained authorize or permit or be construed as authorizing or permitting the keeping, maintaining, possessing, using or operating in the city of any contrivance or device otherwise prohibited by law. (Ord. 457, § 1; 1976 Code § 5-16.16).
5.80.170 Enforcement.
It shall be the duty of the chief of police and his officers to enforce this chapter. (Ord. 457, § 1; 1976 Code § 5-16.17).