Guadalupe Municipal Code Ch. 5.12 Amusement Machines and Arcades

Note: Editor's note: Ord. 98-340 deleted §§5.12.060, 5.12.100, 5.12.120, 5.12.130 and 5.12.160 derived from Ord. 231 §§2(3), (5), (6) and (10)—(13). The remaining chapter sections were renumbered as needed for numerical consistency.

The following terms, as used in this chapter, are defined as follows:

"Amusement arcade"

means any business or establishment which has located on its premises, as its primary use, amusement machines which are kept thereon for the purpose of being played, operated or used by the patrons of the arcade.

"Amusement machine"

means any device, game or contrivance, including but not limited to pinball machines, video games, computer games, electronics games and slot machines, for which charge or payment is received for the privilege of playing, using or operating the same, and which, as operating or playing such device, game or contrivance to receive the same return in market value in form of tangible merchandise each time such device, game or contrivance is used, operated or played.

(Ord. 231 §1, 1983; Ord. 98-340 §1)

No amusement arcade shall be erected, established, maintained or operated in any zone until a conditional use permit has been obtained as provided for in the Zoning Ordinance of the City. No conditional use permit for an amusement arcade shall be issued except for locations within the G-C General Commercial District. In addition to any conditions that may be imposed during the conditional use permit process, all amusement arcades shall be subject to the terms, restrictions and conditions set out in Sections 5.12.030 through 5.12.150.

(Ord. 231 §2, 1983)

No amusement arcade shall be less than 1,000 feet from any public school.

(Ord. 231 §2(15), 1983)

A. When amusement machines are located along one side of an aisle, the aisle shall be a minimum of 60 inches in width, and shall be unobstructed. When amusement machines are located on both sides of any aisle, the aisle shall not be less than 90 inches in width, and shall be unobstructed.

B. No amusement machine shall be situated in such a way that its use will violate any applicable fire regulation or hinder the public's reasonable to and egress from the premises.

(Ord. 231 §2(16) and (17), 1983; Ord. 98-340 §2)

The days and hours of operation shall be posted prominently near the entrance or entrances to the premises. Signs showing age limit restrictions and prohibiting drinking of alcoholic beverages an intoxicated persons shall be posted prominently on the premises.

(Ord. 231 §2(18), 1983)

The interior lighting of the arcade shall be sufficient for clear visibility of all areas to which there is patron access.

(Ord. 231 §2(9), 1983)

Each amusement arcade shall provide toilet and lavatory facilities within the premises accessible to customers, employees and business invitees.

(Ord. 231 §2(7), 1983; Ord. 98-340 §4)

Outside lighting shall be sufficient to clearly illuminate exits, entrances and parking areas, and shall be arranged in such a manner as to not shine on adjoining parcels or in the eyes of the drivers of vehicles on public rights-of-way.

(Ord. 231 §2(4), 1983)

A. There shall be sufficient adult supervision to insure that all terms, restrictions and conditions shall be met.

B. In order to serve as an adult supervisor, a person must be in good standing with the Police Department. In order to be in good standing, an adult supervisor shall, with regard to service as an adult supervisor at an amusement arcade:

1. Enforce the rules set out in this chapter;

2. Testify at any proceedings growing out of events occurring at the amusement arcade, when asked;

3. Monitor activities at any amusement arcade sufficiently well as to be able to enforce these rules and remember in reasonable detail the events of any incident;

4. Cooperate with the Police Department in any investigation being made by the department;

5. Report to the Police Department any violation of these rules, any violation of the law, or any circumstances that would lead a reasonable person to suspect a violation of the law.

C. In event any adult supervisor fails to perform as necessary to remain in good standing as required in this section, good standing may be revoked in accord with the following procedures:

1. The Chief of Police or his or her designated representative shall file charges against the person, stating the rule violated, the circumstances of the violation, and a time for a hearing before the Chief of Police. A copy of the charges shall be mailed to the adult supervisor and the amusement arcade 10 days before the hearing.

2. If circumstances warrant, in the opinion of the Chief of Police, good standing may be revoked pending the hearing.

3. Following the hearing, the Chief may take no action, suspend good standing, establish conditions of probation, or revoke good standing.

4. The person affected may appeal in writing the decision within 10 days after the notice of action is mailed. The decision may be appealed first to the City Administrator and then to the City Council.

(Ord. 231 §2(1)—(3), 1983; Ord. 98-340 §6)

No drinking of alcoholic beverages shall be permitted on the premises of an amusement arcade.

(Ord. 231 §2(4), 1983; Ord. 98-340 §9)

The City Council may permit exception to the regulations of this chapter after a public hearing and report of the Planning Commission and a public hearing before the City Council.

(Ord. 231 §2(19), 1983; Ord. 98-340 §10)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful shall be deemed guilty of an infraction, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.

(Ord. 231 §4, 1983; Ord. 86-271 §36)