Chapter 5.20



ARCADE ESTABLISHMENTS AND BILLIARD ESTABLISHMENTS

5.20.010 Purpose.
5.20.020 Definitions.
5.20.030 Locations.
5.20.040 Permit required.
5.20.050 Substitution of machines.
5.20.060 Permit-Condition of issuance.
5.20.070 License-Application.
5.20.080 License-Application-Denial and revocation.
5.20.090 Exemptions applicable to existing establishments and locations.
5.20.100 Violation-Penalty.


5.20.010 Purpose.


The purpose of this chapter is to provide criteria to safeguard property, safety, morals and the public welfare, by regulating and controlling the issuance of licenses or permits for the operation of arcade establishments and devices. It is the intent of the council to minimize any detrimental effects upon residential neighborhoods or other adjacent land uses. (Prior code º 11-40)

5.20.020 Definitions.


For the purpose of this chapter, the following terms are defined as follows:

"Arcade devices" means all devices commonly known as "pinball machines," and all "video games" of whatever kind or nature, whether electronically activated or not. As used in this chapter, arcade device shall not include the following:

1. Those devices commonly known as video units, sold and used solely for home use;

2. Adult motion picture/video arcades and adult motion picture/video peep shows.

"Arcade establishment" means any place of business containing five or more arcade devices or a combination of arcade devices and billiard tables as defined in this section and in Section 5.24.010 of this code totalling five or more, excepting therefrom any billiard establishment as defined in this section containing less than five arcade devices.

"Billiard establishment" means any place of business containing three or more billiard tables or similar game tables.

"Billiard table" means any table, including coin-operated tables, on which billiards (also known as pool) or similar games may be played. (Ord. 5067 º 1, 1994: prior code º 11-41)

5.20.030 Locations.


A. 1. Arcade establishments and billiard establishments are allowed only in the following zones (hereinafter specified): C3, CG, CG-R, CA/CG and M/C zones, provided that a conditional use permit is first obtained under the provisions of Chapter 30.16, Article VI, of this code.

2. Billiard establishments with no arcade devices are permitted in the C2 and CBD zones provided a conditional use permit is first obtained under the provisions of Chapter 30.16, Article VI, of this code.

B. No arcade establishment or billiard establishment shall be permitted within seven hundred feet of another arcade establishment or billiard establishment measured by the shortest distance without regard to intervening buildings from the nearest point of the perimeter of the lot upon which the proposed use is to be located to the nearest point of the perimeter of the lot from which the proposed land use is separated.

C. Arcade devices (up to a maximum of four) are permitted only in the following zones (hereinafter specified): C3, CBD, CG, CG-R, CA/CG, M1, M2 and M/C zones. (Ord. 5067 º 2, 1994: Ord. 5001 º 1, 1992: prior code º 11-42)

5.20.040 Permit required.


A. A conditional use permit shall be required for the establishment and operation of an arcade establishment as defined in this chapter. The procedure for obtaining a conditional use permit hereunder shall be governed by Sections 5.20.040 through 5.20.080 and by Chapter 30.20, unless otherwise exempted by this section.

B. All permitted locations with arcade devices, except an arcade establishment, must obtain a license to operate arcade devices. A license issued pursuant to this section shall be valid from the date of issuance to December 31st of the same year, and shall be prominently displayed at the location for which it is issued.

C. All arcade establishments shall obtain a license to operate arcade devices upon the expiration of one year of operation pursuant to a valid conditional use permit or December 31st of the same year in which the conditional use permit was issued, whichever comes first. This requirement is in addition to any conditions imposed under a conditional use permit.

D. All locations with arcade devices, including arcade establishments, shall pay a fee pursuant to this chapter for each arcade device maintained at a location.

E. License fees shall be paid pursuant to Section 5.08.160.

F. The city shall, at least forty-five days prior to the expiration of a license issued under this chapter, notify the holder thereof of the expiration date. The licensee shall, at least thirty days prior to the expiration date, file an application for renewal thereof with the city as provided in Sections 5.20.040 through 5.20.070. In the event that the renewal has not been issued by the date of expiration of the license, the date of expiration may be extended by the city manager for not more than thirty days or until the new license is issued, whichever occurs first. Should the license holder fail to file an application for renewal at least thirty days prior to the expiration date, or should any person operate an arcade establishment or a location with arcade devices without obtaining a license therefor, the city shall, at the time a license application is submitted, collect a monthly late fee per arcade device for which a license or permit has not been obtained. Such late fee shall be established or modified by resolution of the city council. (Prior code º 11-43)

5.20.050 Substitution of machines.


In the event any person discontinues the maintenance of any machine or device licensed under this section during a period for which the same has been licensed, the licensee may substitute another such machine or device in place thereof and may maintain the substituted machine or device without the payment of any additional license fee for the remainder of the license period. (Prior code º 11-43.5)

5.20.060 Permit-Condition of issuance.


Each license or permit issued shall be subject to the following conditions:

A. The locations where arcade devices are operated shall provide sufficient security measures to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations and criminal activities.

B. Arcade establishments and locations where arcade devices are operated shall provide adult personnel (over seventeen years) to maintain supervision of the arcade devices and patrons thereof.

C. The arcade establishments and locations where arcade devices are operated shall prohibit persons under the age of sixteen years from using or playing any arcade device between the hours of eight a.m. through two p.m., Monday through Friday, and after ten p.m. daily, unless accompanied by a parent or guardian. The eight a.m. through two p.m. restriction shall not apply during school holidays and school vacation periods recognized by schools within the city.

D. All locations where arcade devices are operated shall have accessible and adequate off-street parking facilities for automobiles, bicycles and other modes of transportation. The location shall provide storage facilities to prevent an accumulation of bicycles and skateboards on public property in such a manner as to interfere with the use of sidewalks or streets by members of the public.

E. If, during the term of any license there is a change in fact, policy or method that would substantially alter the information given in the application, such license shall be deemed terminated and a new license application must be submitted to continue operation. Any change in location or ownership shall be deemed to be a substantial alteration thereby terminating a current license.

F. No arcade establishment or billiard establishment shall be permitted within seven hundred feet of any real estate parcel boundary containing any elementary school, junior high school or senior high school, whether public or privately operated and having a student enrollment of at least twenty-five.

G. The distance provided in this section shall be measured by the shortest distance, without regard to intervening buildings from the nearest point of the perimeter of the lot upon which the proposed use is to be located, to the nearest point of the perimeter of the lot from which the proposed land use is separated.

H. Business locations, the principal purpose of which is the sale of alcoholic beverages, shall prohibit persons under the age of eighteen from using or playing any arcade device. (Ord. 5067 º 3, 1994: prior code º 11-44)

5.20.070 License-Application.


Application for a license must be in writing on a form provided by the city. Applications shall be accompanied by an application fee to be established or modified by resolution of the city council. The schedule for such fees shall remain on file and be available for public inspection in the office of the city clerk. Falsification of the application may be cause for denial. Such application shall contain the following information:

A. The name, address and telephone number of the establishment;

B. The name, address and telephone numbers of the owners, partners or corporate officers of the establishment;

C. The number of arcade devices to be placed at the establishment;

D. The name, address and telephone number of the distributor or supplier of the arcade devices;

E. A statement setting forth the manner and method of providing adult supervision at the establishment;

F. A statement setting forth the number of off-street parking spaces and storage facilities for automobiles, bicycles, skateboards and other modes of transportation;

G. A statement setting forth any arrests or convictions of the owners, partners or corporate officers of the establishment for crimes involving minors within the past ten years. Arrests or convictions may be cause for denial or revocation of an application or license;

H. Such other information as may be required by the city clerk or other city divisions for determination of the applicant's qualifications for a license. (Prior code º 11-45)

5.20.080 License-Application-Denial and revocation.


A. Upon the filing of such application and the payment of the appropriate fee, an investigation shall be conducted. If all conditions required by this chapter are met, the application shall be approved or denied for good cause by the city manager.

B. An application for a license under this chapter may be denied, or any license issued under this chapter may be suspended or revoked by the city manager where it is found that the applicant has violated any of the conditions set forth in Sections 5.20.010 through 5.20.070, or where the operation of arcade devices has become a nuisance or detrimental to the health, safety and welfare of the adjacent neighborhood.

C. An applicant who has been denied the issuance of a license under this chapter, or has had such license revoked or suspended may appeal such denial, revocation or suspension, pursuant to Chapter 2.88 of this code.

D. Any applicant who has been denied the issuance of a license under this chapter, except for reasons of location, or has had such license revoked shall not reapply for such license for a period of six months following denial or revocation. (11-45.5)

5.20.090 Exemptions applicable to existing establishments and locations.


A. All arcade establishments and locations with arcade devices which were lawfully in operation on December 1, 1981, shall be exempt from the requirements of Section 5.20.030. Such establishments and locations shall comply with all other requirements contained in Sections 5.20.010 through 5.10.070 upon the expiration of their current license, with the exception of subsection B of this section.

B. All locations where the primary or principal business of which is the conducting and operation of an arcade or amusement establishment which was lawfully in operation on December 1, 1981, shall be exempt from the requirements of Sections 5.20.030, 5.20.040A, 5.20.060D, relating to off-street parking, and 5.20.060F.

C. Any billiard establishment which was lawfully in operation on October 6, 1994 shall be required to obtain a conditional use permit as set forth under Section 30.16.730(j) of this code. Billiard establishments which were lawfully in operation on October 6, 1994 and located in the CBD zone shall be exempt from the requirements of Section 5.20.030B of this code.

D. Billiard establishments and arcade establishments which are lawfully in operation prior to any school which subsequently locates within seven hundred feet of such establishments shall be exempt from the requirements of Section 5.20.060F of this code. (Ord. 5067 º 4, 1994: prior code º 11-46)

5.20.100 Violation-Penalty.


Notwithstanding the provisions of Chapter 1.20 of this code, whenever in Sections 5.20.020, 5.20.030, 5.20.040 or 5.20.090 any act is prohibited or declared unlawful or the doing of any act is required, or the failure to do any act is declared to be unlawful, it shall be a misdemeanor, and any person convicted of such misdemeanor shall be punished by a fine not exceeding five hundred dollars for each day the violation exists. The sanctions provided by Chapter 1.20 of this code shall not apply to Sections 5.20.060 and 5.20.070. (Prior code º 11-47)