Cathedral City Municipal Code Ch. 5.19 Game Arcades

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

"Game arcade"

means any place of business to which the public is admitted wherein six or more game machines are maintained.

"Game machine"

means any machine, device or apparatus which is used as a game or contest of any description or for amusement, or which may be used for any such game or contest or for amusement and the operation or use of which is permitted, controlled, or made possible by the deposit or placing of any coin, plate, disc, slug, or key into any slot, crevice or other opening, or by the payment of any fee or fees in lieu thereof, except a machine, device or apparatus used or offered for use, by children for rides, or as a hobby horse or for the viewing of miniature cartoons or "kiddie theater" films in establishments or areas reserved for the use of children under the age of fourteen years and their parents or guardians or by any person for playing or rendering music or as a test of strength or endurance.

"Person"

means any natural person, firm, partnership, corporation or association. The singular use includes the plural.

"Game machine operator"

means any person required to obtain a permit under this chapter.

(Ord. 228 § 1, 1988)

A. Game Machine Permit. It is unlawful for any person to engage in the business of renting, operating, leasing, selling or maintaining game machines in the City without first having secured a permit from the City to do so. The following persons owning or operating local business establishments are exempt from the game machine operator permit requirement of this chapter:

1. A person owning, operating and maintaining not more than two game machines as an incidental business used at a local place of business having the requisite business license pursuant to Chapter 5.01 of this title;

2. A person leasing game machines at a local place of business from a person having a permit under this chapter.

B. Conditional Use Permit. Any business that operates six or more game machines shall be considered a game arcade and shall acquire an approved conditional use permit prior to applying for a game machine permit. A game arcade shall meet all requirements of Chapter 9.02, known as the Zoning Ordinance, City of Cathedral City.

(Ord. 228 § 1, 1988)

A. It is unlawful for any person operating any business enterprise within the City to have in operation upon the premises of such person any game machine as defined in this chapter which does not have affixed thereto or posted in a conspicuous place nearby the tag or plate issued under this chapter as required by Section 5.19.080 This section shall not apply to a person owning, operating and maintaining not more than two game machines as an incidental business used at a local place of business having the requisite business license pursuant to Chapter 5.01 of this title, so long as the person actually owns, operates and maintains the machine himself.

B. Any person operating any business enterprise within the City which has in operation upon the premises of such person any game machine as defined in this chapter shall, at the time of renewal of the annual business license for such business, provide to the City a list of all game machines then on the premises and the names and addresses of the distributors of each such machine.

C. Each such business operator shall notify the business license section within ten days after any change is made in the number of game machines on this premises for which a license is required or after any change in the name or address of the distributor of any such machine is made. Any such person shall also notify the business license section immediately if an untagged game machine is installed upon this premises.

(Ord. 228 § 1, 1988)

An applicant for a game machine operator's permit shall submit an application to the business license section which application shall be under penalty of perjury and upon a form supplied by such business license section. Such application shall include the true names, addresses, and past criminal record, if any, of the applicant and of all persons financially interested in the applicant's business, and such other information as may be deemed necessary by the business license section, Chief of Police and Mayor and City Council to determine whether such game machine operator's permit shall be granted. The application shall be accompanied by a fully executed fingerprint card as to each such applicant, prepared under the direction of the Chief of Police. An applicant shall pay a fee established by City Council resolution to cover the costs of the investigation and shall provide to the Chief of Police a money order payable to the California Department of Justice in such amount as required by that agency to process its report to the City based upon the fingerprint card provided. A permit may be renewed annually upon payment of the annual permit fee as established by City Council resolution.

B. "Persons financially interested" includes all persons who are officers or directors of a corporation or shareholders holding more than three percent of the shares thereof or persons who share in the profits of a non-corporate business on the basis of gross or net revenue, but it does not include persons who receive a portion of such gross or net revenue in return for the privilege of permitting any other person to maintain such game machine in their place of business.

(Ord. 228 § 1, 1988)

The business license section shall refer a copy of the application to the Chief of Police who shall carefully investigate the applicant and the facts and circumstances concerning the application submitted to him pursuant to Section 5.19.030.

(Ord. 228 § 1, 1988)

A. The Chief of Police shall either approve or deny the issuance by the business license section of the permit to the applicant within forty-five days of the date that the copy of the application is submitted to him. The Chief of Police may deny a permit on any of the following grounds:

1. The operation will not comport with the peace, health, safety, convenience and general welfare of the public;

2. The application is not complete in that all requested information is not supplied;

3. The operation has been or is a public nuisance;

4. The operation would be in violation of a City ordinance state law or federal law;

5. The applicant made a false, misleading or fraudulent statement of fact in his application for a permit;

6. The operation by the applicant will be carried on in a building, structure and location which does not comply with and meet all of the health, zoning, fire and safety requirements and standards of the laws of the state and ordinances of the City;

7. The applicant, his employee, agent, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate, or manager has allowed or permitted acts of sexual misconduct or lewd conduct to be committed within prior or present business operations;

8. The applicant has within the year prior to the application date wilfully violated any provisions of this chapter or of the City licensing provisions.

B. The Police Chief shall notify the applicant of the denial of his application for a permit and the reasons therefor. Service of such notice shall be made personally or by certified mail. The notice shall include or be accompanied by a statement that the applicant may request a hearing before the Mayor and City Council by filing with the City Clerk a written request thereof within ten days after service upon him of the notice of the denial of his application and that failure to do so will constitute a waiver of his right to a hearing.

(Ord. 228 § 1, 1988)

Within ten days after service upon him of a written notice of the Police Chief's denial of his application for a permit, the applicant may file a request for hearing in writing and signed by or on behalf of the applicant and shall state his mailing address. It need not be verified or follow any particular form. Failure to file such a request for a hearing shall constitute a waiver of the applicant's right to a hearing. No further notice other than notice of the date and place of hearing need be served on the applicant. Hearings granted under this section shall allow for the applicant to be represented by counsel. The decision of the Mayor and City Council shall be final.

(Ord. 228 § 1, 1988)

Upon the issuance of any game machine operator's permit, the applicant therefor shall notify the business license section in writing of the location of each game machine and in the event of any change in the location of any machine, the permittee shall notify the business license section of the change within ten days including the address of the new location. At the time of issuing a business license for any game machine, the business license section shall issue a tag or plate for each machine to be operated by the game operator within the City limits, and such tags or plates shall be given serial numbers consecutively in the order of their issuance. The tags and plates shall be wear-resistant materials.

(Ord. 228 § 1, 1988)

Every game machine operator shall at all times have affixed to or posted conspicuously nearby each game machine regulated under the terms of this chapter the tag or plate issued under this chapter.

(Ord. 228 § 1, 1988)

Every game machine regulated under the terms of this chapter shall at all times have affixed thereto in a conspicuous place thereon a tag, label, owner identification card or other identifying device listing the name, current address, and current telephone number of the distributor of such game machine.

(Ord. 228 § 1, 1988)

A. Any machine not having the tags required by Section 5.19.080 or the information required by Sections 5.19.085 and 5.19.025 Subsection B is deleted. A representative of the City shall be authorized to disconnect and render said machine inoperative, following which the machine shall not be reconnected or returned to operation until the requirements of the City code are met.

B. The business license section shall assess the person operating a business enterprise within the City upon whose premises one or more untagged game machines are found for each such untagged game machine, and for each game machine for which the information required under Sections 5.19.085 and 5.19.025(B) has not been provided, an administrative fee in amount computed to cover the average cost of investigating, locating, disconnecting and controlling untagged game machines and inadequately identified game machines. This assessment shall be the average cost of such procedures for each such untagged game machine, and for each inadequately identified machine, which administrative fee shall hereafter be subject to periodic review and determination by the city manager based upon the experienced costs of such control and regulation. Such assessment shall be in addition to any reconnection fee imposed under Section 5.19.086(A). No such fee shall be assessed as to any such untagged machine when the business operation has notified the business license section, under the provisions of Section 5.19.025(B), in advance of the city's representative appearing at the scene, that such untagged machine was located upon the premises. Any fee assessed by the business license section shall be subject to appeal by the person assessed to the mayor and city council. Failure to pay any assessment within ten days after notice of imposition thereof, or, if appealed, within ten days after decision by the mayor and city council, shall be an omission justifying suspension of any business licensee's business license. In the alternative, the business license section may notify the person assessed that the business license for those premises will not be renewed, or reissued until all outstanding assessment fees have been paid.

(Ord. 228 § 1, 1988)

No game machine operator's permit issued pursuant to this chapter shall be assignable or transferable either voluntarily or by operation or law or otherwise.

(Ord. 228 § 1, 1988)

The permit required under the terms of this chapter shall be in addition and supplemental to any business license or any permit required by any ordinance of the city.

(Ord. 228 § 1, 1988)

Nothing in this chapter shall be construed to permit the licensing, maintenance or operation of any game machine which is forbidden by any state or local law or regulation or to permit the operation of any game machine in such a manner as to constitute gambling or otherwise or contrary to any such state law or regulation.

(Ord. 228 § 1, 1988)

A violation of Section 5.19.020, 5.19.025, 5.19.070, 5.19.080, 5.19.085 or 5.19.090 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80.

(Ord. 506 § 3, 1999)

A violation of Section 5.19.020, 5.19.025, 5.19.070, 5.19.080, 5.19.085 or 5.19.090 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 506 § 3, 1999)

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 506 § 3, 1999)

In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Section 5.19.020, 5.19.025, 5.19.070, 5.19.080, 5.19.085 or 5.19.090 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 506 § 3, 1999)

Note: Former § 5.19.160, Administrative fine, adopted by Ord. 506 was repealed by Ord. 892, 10/22/2025.

A violation of Section 5.19.020, 5.19.025, 5.19.070, 5.19.080, 5.19.085 or 5.19.090 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said city permit and/or city license pursuant to the provisions set forth in Chapter 13.150.

(Ord. 506 § 3, 1999)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, as applicable, including, but not limited to, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 506 § 3, 1999)