Azusa Municipal Code Div. 6 Mechanical Games

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Mechanical or electronic games means any machine, apparatus, contrivance, appliance or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball or any other article or device or by paying therefor either in advance or after use, involving in its use either skill or chance, including but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game or any other similar machine or device. The term "mechanical or electronic games" does not include a coin-operated billiard or pool table.

Operator means any owner or lessee of mechanical or electronic games who installs or maintains the games in any place of business which is not his own or under his direct control where the games can be played or operated by persons in the same place.

Person means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.

Proprietor means the person in whose place of business any mechanical or electronic game is placed for the use, amusement, patronage or recreation of the public or of persons in or about such place.

Street means any street, alley, way, boulevard or road, either public or private, that is used or to be used for ingress or egress.

(Code 1971, §§ 5.24.040(b), 8.60.010)

Cross reference— Definitions and rules of construction generally, § 1-2.

This division shall apply to any operation or premises having one or more mechanical or electronic games available for use by members of the public.

(Code 1971, § 8.60.020)

It shall be unlawful for any proprietor or operator of a mechanical or electronic game to cause, permit or allow the game to be located, operated or maintained to be operated within 1,000 feet of the nearest street entrance to or exit from an adult business, as defined in section 86-1252, such distance to be measured from the entrance or exit in the most direct line or route on, along or across the streets adjacent to the uses.

(Code 1971, § 8.60.090)

No proprietor, employee thereof or person in charge of a mechanical or electronic game shall allow any minor under 18 years of age to play or use any such game during the academic year for public or private schools within the city between the hours of 7:00 a.m. and 3:00 p.m., except during school holidays and on Saturday and Sunday, or between the hours of 10:00 p.m. and 7:00 a.m. on days preceding school days and between 12:00 midnight and 7:00 a.m. on all other days. On or before September 1 of each year the city manager shall prepare a list of the dates of the academic year and the dates of school holidays, which list shall be available to all permittees.

(Code 1971, § 8.60.110; Ord. No. 98-09, § 2, 6-15-98)

(a) All mechanical and electronic 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.

(b) All windows and glass doors which provide a view of the premises shall remain unobstructed at all times. All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved as part of the permit.

(c) Each premises having four or more mechanical or electronic games shall provide a minimum of two toilets and lavatory facilities accessible to customers, employees and business invitees.

(d) No one under the age of 14 years shall be allowed or permitted to operate any mechanical or electronic games unless a responsible adult or parent is present.

(Code 1971, § 8.60.120; Ord. No. 94-02, § 1, 1-18-94)

Neither this division nor any provision therein contained shall include or apply to any act which is made a public offense by the state Penal Code, or by any other law of the state or of the United States nor shall this division or any provision therein contained authorize or permit to 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.

(Code 1971, § 8.60.130)

Every person engaged in the business of or who, in conjunction with any other business, houses or maintains mechanical or electronic games shall pay an annual business license tax of $58.00 for each machine operated within the city, but in no case shall the business license tax for mechanical or electronic games exceed the sum of $500.00 for any one year.

(Code 1971, § 5.24.040(a))

(a) It shall be unlawful for any proprietor or operator to install, operate or maintain to be operated any mechanical or electronic game without first having obtained a permit from the city manager in accordance with and pursuant to this division.

(b) The city manager may deny the permit if the applicant cannot meet the requirements of this division or may approve the permit subject to such conditions as are necessary to ensure compliance with this division and to preserve the health, safety or welfare of persons using the machines and persons in the vicinity of the location of the machines.

(c) The applicant may appeal the city manager's decision to the city council by filing a written appeal, stating the grounds upon which it is based, with the city clerk within ten calendar days after the decision is made. The council shall hear the appeal at its next practicable meeting and shall consider, de novo, the application for the permit.

(d) The permit shall be valid only for the number of games therein specified. The use of additional devices shall require a new permit.

(e) Such a permit is not required where the proprietor or operator is subject to section 86-752 requiring a conditional use permit for an arcade.

(Code 1971, § 8.60.030; Ord. No. 98-09, § 2, 6-15-98)

No operator shall install or allow any mechanical or electronic games to be installed in any proprietor's place of business which requires a permit, as provided for in this division, unless the proprietor has been issued such permit.

(Code 1971, § 8.60.040)

(a) The application for a permit required under this division shall be on a form prescribed by the city manager. Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct his investigation. The fee for such application shall be established by resolution of the city council.

(b) The fee for filing an appeal from an action by the city manager pursuant to this division shall be set by resolution of the city council.

(Code 1971, § 8.60.050; Ord. No. 98-09, § 2, 6-15-98)

The permit required in this division shall be permanently and conspicuously posted at the location of the games in the premises wherein such games are to be operated or maintained to be operated and shall not be removed from such location during the period for which the permit was issued.

(Code 1971, § 8.60.060)

No permit required by this division shall be transferable or apply to any premises other than originally specified as the location of the thing permitted, except upon written permission of the planning commission or 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 such permit.

(Code 1971, § 8.60.070; Ord. No. 98-09, § 2, 6-15-98)

The permit provided for in this division may be revoked or suspended as provided in section 18-21. In addition, violation of this division shall be grounds for revocation or suspension.

(Code 1971, § 8.60.080)