Firebaugh Municipal Code § 4-4 Regulatory Permits Required for Certain Businesses

[Ord. #82-4, S2]

The purpose and intent of this section is to set forth those certain businesses and commercial activities that, because of their very nature and to avoid potential problems, must be regulated for the general health, safety and welfare of the public.

[Ord. #82-4, S2]

As used in this section:

a. VIDEO ARCADE – shall mean any place open to the public where four or more coin operated electronic video games are kept or maintained and persons are permitted to use such games. 75% of the public area may be devoted to video games. 25% of the public area may be devoted to entertainment related activities.

b. COIN OPERATED VIDEO GAME – shall mean any electronic device the use or operation of which is controlled, permitted, or made available by placing therein any coin, plug, disc, key, or token, and which is intended for a user's amusement or skill.

c. AWARDING AUTHORITY– shall mean that person or body that has the authority to issue permits. Unless otherwise delegated the City Council of the City of Firebaugh shall be the awarding authority herein.

[Ord. #82-4, S2]

No business or activity specified in this section may be conducted or operated within the City without first securing and maintaining a permit for same as set forth herein.

This permit requirement is in addition to any business license that may be required and the issuance of such business license does not entitle the holder to conduct such business without a permit.

Said permits are non-transferable.

[Ord. #82-4, S2]

An application shall be made to the City with all fees setting forth all information required enabling the City staff to investigate and advise the awarding authority as to the suitability for issuance of a permit.

[Ord. #82-4, S2]

A fee for processing each permit shall accompany the application. Fees shall be established from time to time and shall be set by City Council resolution.

[Ord. #82-4, S2]

Upon completing its investigation and report the staff shall set the matter for a hearing before the awarding authority giving the applicant at least five days' notice thereof.

If the awarding authority is the City Council, said hearing must be at a regular meeting unless otherwise specially noticed and set. In all other cases the hearing may be held at a date, time and place as noticed, subject to approval or review by the City Council.

[Ord. #82-4, S2]

The awarding authority may grant, deny or conditionally grant a permit based upon findings as determined at said hearing and the standards set forth for each such permit, including but not limited to those standards set forth in subsection 4-4.11.

Reasonable conditions may be imposed upon the permittee in the use of said permit.

[Ord. #82-4, S2]

The issuance of a permit hereunder does not authorize or exempt the permittee from complying with all other provisions of this Code and other laws applicable.

[Ord. #82-4, S2]

a. Any permit may be revoked after due notice and hearing for violations of this Code, conditions imposed thereon or other applicable laws.

b. Permittee shall be given not less than five days' written notice of the intent to revoke and set a hearing before the awarding authority.

c. The hearing shall be conducted in public with all interested parties being heard and findings and decision of the awarding authority made. Ordinary rules of evidence and procedure shall not apply.

d. If the awarding authority is the City Council or they have heard the matter upon appeal or review, their decision shall be final subject only to judicial review within 90 days from the date thereof.

All other decisions are subject to appeal or review by the City Council within 15 days of it's making.

[Ord. #82-4, S2]

No coin operated video game shall be placed, operated or used within the City except in an amusement arcade having a valid permit.

[Ord. #83-4, S2]

a. Location. Any such video arcade shall be located in a manner consistent with applicable zoning requirements.

b. Parking. Any such video arcade shall have sufficient parking as determined by the zoning or fire code requirements, whichever is greater.

c. Lighting. Video arcades shall have sufficient lighting, inside and out, as determined by the chief of police.

d. Managers. Such video arcades shall have a manager, 21 years old or older, on duty on the premises during all hours of operation.

e. Hours of operation. Hours of operation shall be set by Council resolution.

f. Maintain premises. The permittee, his agents or employees shall maintain the video arcade premises in a neat and clean condition and not permit disorderly or intoxicated persons to enter or remain there during hours of operation.

g. Fees. Permittee shall pay all fees when due.

h. Alcohol. No alcoholic beverages shall be permitted on the arcade premises.

i. Access. The permittee, manager, and all employees shall be responsible for maintaining a clean and clear walkway in front of every video arcade.

j. Visibility. Adequate visibility of the entire arcade from the outside shall be provided; visibility shall in no way be obstructed.

[Ord. #82-4, S2]

Every video arcade permitted hereunder shall pay a business license tax including but not limited to the per unit fee set forth in this Code in subsection 4-2.30.