Fullerton Municipal Code Ch. 7.122 Movie Arcades

It is the purpose and intent of the Council that the operation of movie arcades, as defined in this chapter, should be regulated for the protection of the public from the perils of fire, hazards to health and for the preservation of the peace of the community.

(Ord. 2552, passed - -1985)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MOVIE ARCADE. Any place to which the adult public is permitted or invited wherein coin- or slug- operated or electronically, electrically or mechanically controlled still, video tape or motion picture machines or projectors are maintained to show images to five or fewer persons per machine at any one time.

MOVIE ARCADE DEVICE. Any coin- or slug- operated or electronically, electrically or mechanically controlled still, video tape or motion picture machine or projector which shows images to five or fewer persons at any one time.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade unless a permit for the operation of the arcade, indicating the number of movie arcade devices permitted, has been issued by the Chief of Police and remains in effect in conformity with the provisions of this chapter.

(Ord. 2552, passed - -1985)

No permit for a movie arcade shall be issued by the Chief of Police for a period in excess of 12 months. The expiration date of the permit shall be December 31 of each year.

(Ord. 2552, passed - -1985)

Every person owning or operating a movie arcade shall pay a fee per 12 months’ period based on the number of movie arcade devices in the movie arcade, times $25. Any person applying for a permit for a period of less than 12 months shall pay a prorated fee.

(Ord. 2552, passed - -1985)

All applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee in the amount of $100. In the event the permit is granted or renewed, the sum shall be applied to the permit fee as described in § 7.122.050. In the event such permit is denied, the application fee shall be and become the property of the city.

(Ord. 2552, passed - -1985)

Every applicant shall file an application for a permit, or for the renewal of a permit, with the Chief of Police upon the form to be provided by the Chief of Police. Immediately upon the receipt of an application, the Chief of Police or his or her delegate shall cause to be made an investigation of the application to determine that:

(A) The applicant did not knowingly make a material misstatement in the application for a permit or for the renewal of a permit;

(B) The operation pursuant to the issuance or renewal of a permit will be in compliance with the building, fire, electrical, plumbing, mechanical and health requirements as set forth in this code; and

(C) The operation pursuant to the issuance of a permit will be in compliance with all applicable laws.

(Ord. 2552, passed - -1985)

If, upon investigation, the Chief of Police or his or her delegate finds that the operation pursuant to the issuance or renewal of a permit will be in compliance with the requirements described in § 7.122.070, the permit shall be granted or renewed. Any application for a permit or for the renewal of a permit may be denied if, after the applicant has been given the opportunity for a hearing as described in § 7.122.100, the Chief of Police or his or her delegate finds that the operation pursuant to the issuance or renewal of a permit will not be in compliance with the requirements described in § 7.122.070. If the application for a permit or for the renewal of a permit is denied, the notification and reasons for denial shall be set forth in writing and sent to the applicant by means of registered mail, certified mail or hand delivery.

(Ord. 2552, passed - -1985)

(A) Any permit issued hereunder may be suspended or revoked if, after the permittee has been given the opportunity for a hearing as described in § 7.122.100, the Chief of Police or his or her delegate finds that:

(1) The permittee knowingly made a material misstatement in the application for the permit or for the renewal of a permit;

(2) The permittee violated any one of the requirements as set forth in this code which define building, fire, electrical, plumbing, mechanical or health standards; or

(3) The operation pursuant to the permit will not be in compliance with all applicable laws.

(B) In the event that a permit is suspended or revoked, the notification of suspension or revocation, as well as the reasons therefor, shall be set forth in writing and to the permittee by means of registered mail, certified mail or hand delivery.

(Ord. 2552, passed - -1985)

In the event that the Chief of Police or his or her delegate has evidence that any of the requirements described in §§ 7.122.070 or 7.122.080 have not been complied with, he or she shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail or hand delivery, notice that within a period of not less than five days from the date of the posting of the notice, a hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial of a permit or permit renewal, the suspension of a permit or the revocation of a permit. The notification shall include the date, time and place of the hearing as well as a statement of the facts relevant to the case. The hearing shall be conducted by a Hearing Officer appointed by the Chief of Police. The applicant or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant or permittee, or counsel representing the applicant or permittee, fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial of a permit or permit renewal, the suspension of a permit or the revocation of a permit, shall be considered unrebutted.

(Ord. 2552, passed - -1985)

Within ten days after the date of posting the notification that an application for a permit has been denied, a permit suspended or revoked or a renewal denied, the applicant or permittee may file with the City Manager a written request for a hearing before the City Manager. Upon the filing of such a request, the City Manager shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be held within 30 days after the request is filed. At the hearing, any person may present evidence in opposition to, or in support of, appellant’s case. At the conclusion of the hearing, the City Manager shall either grant or deny the appeal, and the decision of the City Manager shall be final.

(Ord. 2552, passed - -1985)

No person who has had a permit for a movie arcade device revoked may obtain a movie arcade device permit within a period of 12 months from the date of revocation.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade device unless each such device is plainly marked with a serial number and shall have attached thereto a distinguishing tag, sign, permit or other marker, issued by the Chief of Police upon the granting or renewal of a permit, which shall bear a permit number identifying the movie arcade device as a particular device permitted pursuant to the terms of this chapter. Such permit shall be affixed in a conspicuous location on each device and shall remain affixed thereto until a new or different permit has been issued therefor. No permit shall be transferable from one person to another or from one device to another.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade unless any wall or partition which is situated so as to create a room, enclosure or booth in which any movie arcade device is located is constructed of not less than one-hour fire-resistive material.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade in which the width of the aisles in any room where a movie arcade device is located is less than 44 inches.

(Ord. 2552, passed - -1985)

(A) No person shall operate a movie arcade unless there are no fewer than two doorways of a width no less than 36 inches and a height of not less than six feet eight inches which provide ingress or egress from any room in which a movie arcade device is located; provided, however, that one doorway shall be sufficient in the event the building official should so determine.

(B) Doorway or doorways shall be unlocked during business hours.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade unless over every doorway which provides egress from any room in which a movie arcade device is located an internally illuminated exit sign with letters at least five inches in height is maintained.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade unless each movie arcade device located in such movie arcade is situated so as to permit the person using the movie arcade device to have a constantly unobstructed view of the doorway or doorways which provide ingress to or egress from the establishment and to have a lighted, clear and unobstructed means of egress from the movie arcade device to a public way.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade unless the entire interior premises wherein the movie arcade device images are viewed are visible upon entrance to such premises. No such area shall be partially or fully enclosed or concealed.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade unless a light level of no less than two foot-candles at floor level is maintained in every portion of the movie arcade to which the public is admitted.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade in which the number of persons in any room or partitioned portion of a room where a movie arcade device is located exceeds one person per 30 square feet. The maximum occupancy load permitted in any room or partitioned portion of a room in which a movie arcade device is located shall be conspicuously posted by the operator and shall remain posted at the entrance to the room.

(Ord. 2552, passed - -1985)

No person shall operate a movie arcade in which the number of movie arcade devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which a movie arcade device is located. The maximum number of movie arcade devices permitted in any room or partitioned portion of a room in a movie arcade shall be conspicuously posted by the owner or operator and shall remain posted at the entrance to the room.

(Ord. 2552, passed - -1985)

No permittee shall allow the permitted business to be open for business on Sunday or between the hours of 12:00 a.m. and 10:00 a.m., Monday through Saturday.

(Ord. 2590, passed - -1986)

No person shall deny the City Manager or his or her delegate free access to a movie arcade for purposes of a reasonable inspection to enforce compliance with all laws, including building, fire, electrical, health, plumbing or mechanical regulations.

(Ord. 2552, passed - -1985)

In addition to the legal remedies provided for in this code, the operation of any movie arcade in violation of the terms of this code shall be deemed a public nuisance and may be, by the city, enjoined.

(Ord. 2552, passed - -1985)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)