Daly City Municipal Code Ch. 5.56 Amusement Devices

For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them by this section:

"Amusement device" means any machine or device which upon the payment of a fee or upon the insertion of a coin, slug, or token in any slot or receptacle attached to such machine or connected therewith, operates or which may be operated for use as a game, contest, amusement or to supply music, or which may be used for any such game, contest, amusement or to supply music.

"Operator" means any owner or lessor of such amusement devices who operates or 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 operated or played by persons, or any person who comes within the provisions of Section 16002.5 of the Business and Professions Code of the state.

"Proprietor" means the person in whose place of business any such amusement device is placed for the use, amusement, patronage or recreation of the public or persons in and about said place, or who owns the amusement devices placed thereon, and such person does not come within the provisions of Section 16002.5 of the Business and Professions Code of the state.

(Ord. 1311 § 16, 2004; Ord. 982 §§ 1, 2, 1982; Ord. 975 § 2 (part), 1982)

(Ord. No. 1396, § 2, 9-14-2015)

A. It is unlawful for any proprietor or operator to install, operate or maintain to be operated any amusement device in the city without first having obtained a permit for the premises to operate a specific number of amusement devices thereon.

B. The permit shall be valid only at the premises listed on the permit and for the number of amusement devices therein specified.

C. Reserved.

(Ord. 975 § 2 (part), 1982)

(Ord. No. 1396, § 3, 9-14-2015)

Application for a permit shall be made to the director of finance and shall contain the following information:

A. The name of the applicant;

B. The place where such amusement device is to be placed, maintained or operated; and, if such amusement device is to be placed, maintained or operated in connection with any other business or calling, the character of such business or calling;

C. The name and mailing address of the owner of the premises where the amusement device is to be placed, maintained or operated;

D. A sketch plan of the entire premises showing the area in which the exact location of each amusement device are or will be located;

E. A complete description of the type of amusement device;

F. The total number of amusement devices to be placed, maintained or operated at the premises;

G. A statement that the amusement device for which a permit is sought is not intended to be, and shall not be permitted to be used for any gambling purposes whatsoever;

H. A statement of the days and hours of operation of the amusement devices;

I. The name, address and telephone number of the owner of the amusement device, or who will be the owner of the amusement device at the time the permit may be issued;

J. Any other information that the director of finance deems necessary to carry out the provisions of this chapter;

K. Fingerprinting and/or computer query of the Department of Justice of all applicants is required for the purpose of enabling the investigating officials to conduct their investigation;

L. Each application must be signed under penalty of perjury by both the operator and the proprietor, unless the proprietor is the owner of the amusement device;

M. The applicant shall provide notice of the filing of the application to the principals of all schools located within a one-half mile radius of the premises; the presidents of all PTA's of said schools; and the superintendent of any and all school districts;

N. Before an amusement device application may be acted upon by the director of finance the applicant shall file a declaration under penalty of perjury showing the names, addresses and dates of mailing, by first class mail, of all notices required to be sent according to this chapter.

In the event that the applicant fails to file the declarations as required herein, then the application shall be deemed to be denied, and applicant will have to refile in connection with same. By filing such declaration, applicant represents to city that it will hold city harmless from any and all liability, including attorney's fees and cost, because of the failure of applicant(s) to give such notice, or applicant(s) giving improper notice.

(Ord. 1089 § 1, 1988; Ord. 975 § 2 (part), 1982)

(Ord. No. 1396, § 4, 9-14-2015)

The operator and/or proprietor shall post on the premises, wherein the amusement devices are to be located, a sign within five days of filing of the application. The form and placement of the sign shall be determined by the director of finance. The sign shall be continuously posted in a conspicuous place on the front of the premises until the director of finance has acted on the application.

(Ord. 1089 § 2, 1988: Ord. 975 § 2 (part), 1982)

Every holder of an amusement device permit under this chapter shall pay a nonrefundable permit fee, payable annually, in advance. The amount of said fee shall be set by resolution of the city council.

(Ord. 1146 § 15, 1991: Ord. 975 § 2 (part), 1982)

A. Upon the filing of any application pursuant to Section 5.56.030, the director of finance shall forward the same to the chief of police. The chief of police shall be the investigating officer and shall forward copies of the application to the chief building official, chief electrical inspector, city planner and the fire chief for appropriate reports concerning the premises upon which the property is located. The chief of police shall investigate the applicants for the permits.

B. Upon completion of the investigations of all departments, the chief of police shall make a report to the director of finance.

C. The chief of police shall take into consideration the general welfare of the residents of the city, and in that connection shall report to the director of finance the following:

1. The name and location of schools within a one-half mile radius of the location of the premises, whether public or private;

2. The hours of operation of the premises;

3. The number of machines to be installed;

4. The location of the machines to be installed;

5. The potential for loitering in the area;

6. The potential for service of alcoholic beverages on the premises;

7. The adequacy of lighting in the area;

8. The potential for noise in the area;

9. The potential for litter in the area;

10. Any possible health or safety problems;

11. Any other facts or information that the chief of police determines is necessary for an evaluation of the permit in regards to the general welfare of the residents of the city.

D. The chief of police in his report may recommend approval, conditional approval or denial and the reasons thereof. In the event of a conditional approval the chief of police shall specify the conditions under which approval is recommended by his office.

E. The chief of police shall submit his report to the director of finance within forty-five days of the date of filing of the application with the department of finance.

(Ord. 1089 § 3, 1988; Ord. 975 § 2 (part), 1982)

A. When application is made to the city for a new or renewal permit for amusement device(s) at a Daly City business location, the director of finance shall act on the application within thirty days of the receipt of the report from the chief of police.

B. The director of finance shall consider the staff reports submitted and any and all comments received from other organizations or individuals of Daly City in connection with the application.

C. The director of finance, in acting upon the application, shall take into consideration the general welfare of the residents of the city.

D. The director of finance may approve, conditionally approve, or deny the application.

E. The director of finance may designate such conditions in connection with the permit as deemed necessary to secure the purposes of this chapter and may require guarantees and evidences that such conditions are being, or will be, complied with.

F. The decision of the director of finance shall be final.

G. In the event that the director of finance denies or conditionally approves any permit, the applicant may appeal the denial on the conditions imposed to the administrative hearing committee which shall conduct the hearing as set forth in Section 5.56.220.

(Ord. 1311 § 17, 2004; Ord. 1089 § 4, 1988: Ord. 975 § 2 (part), 1982)

A. The director of finance shall cause to be placed in every premises licensed pursuant to this chapter, a permit which shall show the permit number, the number of each type of amusement device authorized and the date of expiration of the permit, in addition to whatever other information is deemed necessary.

B. Such permit shall be posted in a conspicuous place on the premises, near the amusement device, and shall remain thereon until a new or different permit is issued therefore.

C. No permit shall be transferable to any other person; provided, however, that upon the sale or transfer of any business which contains amusement devices, a sixty-day period will be allowed for the new owner to apply for and have processed the necessary application(s) for new permits.

(Ord. 1311 § 18, 2004; Ord. 1089 § 5, 1988; Ord. 975 § 2 (part), 1982)

In addition to the requirements of this chapter the requirements of Chapter 17.44 of this code shall be required in appropriate circumstances. The director of finance shall not take action on the amusement device permit regardless of the time limitation set forth in this chapter until the use permit requirements have been acted upon by the planning commission and the city council, when required.

(Ord. 1089 § 6, 1988: Ord. 975 § 2 (part), 1982)

A. It shall be unlawful for any operator or proprietor of an amusement device to cause, permit, or allow same to be located, operated or maintained in any district (zone) other than C-1 or a C-2 district in the city.

B. All amusement devices shall be plainly visible for supervision. All entrances and interior area shall be adequately lighted.

C. Any and all operators or proprietors shall keep the chief of police informed in writing, at all times, of the names, addresses and telephone numbers of the person in charge of the premises wherein the amusement devices are operated, maintained or installed.

D. No amusement device shall be located within a radius of ten feet of the entrance to or exit from the premises. No amusement device shall be located so as to obstruct or interfere with the free and unfettered passage of patrons or users of the premises.

(Ord. 1089 § 7, 1988; Ord. 975 § 2 (part), 1982)

(Ord. No. 1396, § 5, 9-14-2015)

The director of finance may require that signs be posted concerning any conditions in connection with the operation of said amusement devices and any signs required as to the number of persons allowed in the area shall be so posted regardless of the occupant load.

(Ord. 1089 § 8, 1988; Ord. 875 § 2 (part), 1982)

A. The permit issued will be valid for a period of one year from the date of approval of the permit application by the director of finance.

B. A permittee may renew his amusement device permit for the next calendar year, according to the same standards under which it was issued, by filing a statement with the director of finance while the present permit is in effect, and no later than the fifteenth day of November. The statement shall include 1) any modification of the information contained in the previous application 2) provide a list of amusement devices currently located on the licensed premises 3) confirmation of current contact information for the permit holder and such other and further information as the director of finance may require, and shall be signed under penalty of perjury.

C. Upon acceptance of the renewal request, the Daly City Police shall conduct an inspection of the licensed device and premises as listed in the statement. At the recommendation of the Daly City Police, the director of finance may add, modify or delete any condition that may have been imposed, prior to the issuance of a renewal.

D. Upon payment of the renewal fees and approved inspection by the Daly Police Department, the director of finance shall issue the effective period of the renewed permit.

(Ord. No. 1396, § 6, 9-14-2015)

No operator or proprietor or any person in charge shall allow any minor under eighteen years of age to play or use any such amusement device during the academic year for schools, between the hours of seven a.m. and three p.m., except during school holidays and Saturdays and Sundays; nor between the hours of ten p.m. and seven a.m. on all days preceding school days, unless the minor is accompanied by parent, guardian or other responsible adult; and between midnight and seven a.m. on all other days unless the minor is accompanied by parent, guardian or other responsible adult.

(Ord. 975 § 2 (part), 1982)

(Ord. No. 1396, § 7, 9-14-2015)

Where exceptional conditions, practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter may result from the strict application of provisions thereof, a variance may be granted by the city council following a hearing as follows:

A. Application for a variance shall be made on a prescribed form and shall be accompanied by a nonrefundable filing fee, to be established by resolution by the council, and a complete and specific description of the reason for the request for a variance. The application for a variance may be filed at the same time as the application for a permit is filed.

B. A hearing shall be held within sixty days after the filing of the application, and notice of the hearing shall be given to applicant(s) at the last known address.

C. Within thirty days after the hearing, the council shall approve, conditionally approve or disapprove the application and shall notify the applicant(s) in writing of its determination.

D. The time limitations set forth in this chapter shall not apply in the event an application for a variance is filed at the same time as the application for a permit is filed. The time requirements of Section 5.56.030 shall take precedence over any other sections of this chapter.

E. The council may designate such conditions in connection with the variance request as it deems necessary to secure the purposes of this chapter and require guarantees or evidence that such conditions are being or will be complied with.

F. The failure of the city council to act upon any application for a variance within the time limitations of this section shall be deemed to be a denial of such application.

G. Renewals of amusement device permits for which variance has previously been granted by the city council shall thereafter be processed administratively by the director of finance in the same manner as any other renewal.

(Ord. 1089 § 9, 1988; Ord. 975 § 2 (part), 1982)

A. The council may revoke any permit issued on a showing that the applicant has violated any of the conditions or provisions of this chapter or any other laws of the city or the state in connection with the applicant(s) permit to operate an amusement device.

B. The council shall set the matter for hearing and shall give the applicant(s) not less than fourteen days' notice of the date of the hearing.

C. At least ten days in advance of the hearing date the applicant(s) shall be supplied with a statement of the facts constituting the basis of the request for revocation and any ordinance or laws violated.

D. At the hearing the council may revoke the permit or may authorize a continuance of the permit upon such additional conditions that it may deem necessary in view of the facts presented to it at the hearing, or the council may authorize continuance of the permit without conditions. The council shall make findings in connection with any denial or approval of said permit with additional conditions.

(Ord. 975 § 2 (part), 1982)

The applicant(s) may waive the time limitations set forth in this chapter, either orally at a meeting of the city council or in writing addressed to the city council.

(Ord. 975 § 2 (part), 1982)

Nothing in this chapter shall be construed to permit the licensing, maintenance or operation of any device or apparatus which is contrary to any of the laws of the state or any provisions of this code or any other ordinances of the city, nor to permit the operation of any amusement device licensed pursuant to this chapter in such a manner as to be contrary to such laws or ordinances.

(Ord. 975 § 2 (part), 1982)

In addition to the criminal penalties provided for herein, a violation of any of the provisions of this chapter or any conditions caused or permitted to exist in violation of any of the provisions of this chapter or of the permit issued may be enjoined as a public nuisance by city.

(Ord. 975 § 2 (part), 1982)

All remedies prescribed hereunder shall be cumulative and the use of one or more remedies shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. 975 § 2 (part), 1982)

So long as all of the conditions of this chapter and all laws and ordinances of the state and city are complied with the operator or proprietor shall have sixty days after the effective date of the ordinance codified in this chapter to file an application for a variance to maintain any existing machines in excess of five that are lawfully upon said premises.

(Ord. 975 § 2 (part), 1982)

Editor's note— Ord. No. 1396, § 8, adopted Sept. 14, 2015, repealed § 5.56.210, which pertained to awards and payoffs prohibited, and derived from Ord. No. 975, § 2, 1982.

A. Applicants who are denied a permit or applicants who desire to have reviewed conditions imposed by the director of finance may appeal the denial on the conditions imposed to the administrative hearing committee.

B. The director of finance shall set the matter for hearing and shall give the applicant(s) not less than fourteen days' notice of the date of the hearing.

C. At the hearing the administrative hearing committee may authorize the issuance of the permit upon such conditions it may deem necessary in view of the facts presented to it at the hearing, or the administrative hearing committee may authorize issuance of the permit without conditions or the administrative hearing committee may deny the permit.

(Ord. 1311 § 19, 2004: Ord. 1089 § 11, 1988)

Editor's note— Ord. No. 1396, § 9, adopted Sept. 14, 2015, repealed § 5.56.230, which pertained to free replays prohibited, and derived from Ord. No. 1089, § 12, 1988.