Chapter 5.69 — AMUSEMENTS

As used in this Chapter, the following definitions shall apply:

A.

"Bowling alley" means a structure in which the game of bowling is played by the public. The game uses a heavy ball which is bowled along a wooden lane or bowling alley. The object is to knock down ten (10) wooden pins set up in an upright position at the far end of the lane.

B.

"Pool hall" or "billiard hall" means a hall or structure wherein the games of pool or billiards are played by the public. These games are played with cue sticks on rectangular tables with or without pockets, using one (1) to fifteen (15) balls. One (1) or more pool or billiard tables shall constitute a pool hall or billiard hall which shall require a pool hall or billiard hall license.

C.

"Family billiard room" means any billiard room wherein minors are permitted to play billiards under the provisions of this Code.

D.

"Public cardroom" or "public card table" means any place wherein the public assembles to play card games of skill or chance for enjoyment or amusement purposes only. Wagering or the exchange of money or anything of value is strictly prohibited.

E.

"Amusement machine" means an apparatus operated by or for a patron or patrons for amusement, diversion or sport in exchange for financial or other valuable consideration. "Amusement machine" shall include, but not be limited to: jukeboxes and musical apparatus excluding karaoke; batting cages; pinball machines; amusement rides; automated pin setting machines, ping pong tables and dart games; electronic or video games; shuffleboard games; mini-motion pictures and public video projectors, screens, stalls and structures, and the like.

F.

"Arcade" means a commercial entertainment land use consisting of five (5) or more amusement machines located within one (1) building or structure as more fully defined in Section 21.15.220 of this Code.

G.

"Mini-motion picture projector, screen, stall or structure or public video projector, screen, stall or structure" means an amusement machine consisting of any place to which the public is admitted wherein, in exchange for financial or other valuable consideration, electronically or mechanically controlled still, motion picture or video machines or projectors are maintained to project, display or show pictures, movies, slides, films, discs or tapes to five (5) or fewer persons per machine at any one (1) time. Each machine projecting or displaying such pictures, movies, slides, films, discs or tapes, shall be considered one (1) amusement machine in determining if a business is an arcade within the meaning of this Chapter.

(Ord. C-7423 § 33, 1996)

A.

No person shall operate four (4) or less amusement machines at any one (1) location within the City as a primary business. Such machines shall be limited to accessory use. For purposes of this Chapter, accessory use is defined in Long Beach Municipal Code Section 21.15.060.

(Ord. C-7423 § 33, 1996)

A.

No person shall operate five (5) or more amusement machines at any one (1) location within the City, whether a primary business or an accessory business activity, without obtaining a business license as an arcade and a conditional use permit (if applicable) as required by the City Zoning Ordinance. Notwithstanding this Section or any other provision of law, a business protected by the First Amendment to the United States Constitution is not required to obtain a conditional use permit before obtaining a license as an arcade.

(Ord. C-7423 § 33, 1996)

A.

Inspections. All premises subject to regulation pursuant to the provisions of this Chapter, whether public or private, shall, at all times when open to its membership or to the public, be subject to inspection by the Director of Financial Management or his/her designee, all health, planning and building, fire and business licensing inspectors and by police personnel in pursuit of their official duties, and no person shall hinder or obstruct such inspection. The purpose of the inspection is to determine whether the permitted premises is being operated in compliance with all requirements of applicable law. Delay or obstruction of such inspection may be grounds for suspension or revocation of any license or permit issued by the City.

B.

Warning Devices. The owner, operator, manager, person in charge, or any other person shall not signal nor maintain nor utilize any device designed to signal, alert or otherwise warn any person on the premises as to the presence of police or any authorized inspector.

C.

Visibility of Interior. The permittee shall not maintain any mini-motion picture stall or structure or public video stall or structure unless the entire interior of such stall or structure, and the premises in which it is located, wherein the pictures, movies, films, discs or tapes are viewed, is visible upon entrance to such premises. No partially or fully enclosed or concealed booths shall be maintained.

D.

Dispensing of Towels. The permittee of any mini-motion picture or public video structure shall not maintain dispensers of towels or towelettes for use by patrons upon the premises except where located in a bona fide restroom.

E.

Severability. If any portion of this Section shall become unconstitutional or legally defective for any reason, that shall not affect or prevent enforcement of the remaining portions or subsections.

(Ord. C-7423 § 33, 1996)

A.

Permit Required. No person shall carry on, maintain or conduct any arcade, public card room or public card table, bowling alley, billiard hall, pool hall or family billiard hall structure in the City without first obtaining either a permit from the City Council or a Conditional Use Permit issued by the Planning Commission or the City Council on appeal.

B.

Notwithstanding the provisions of Subsection 5.69.050.A, if a permit application for a pool hall involves two or less pool tables, the Director of Financial Management may issue such permit without a hearing by the City Council if the concerned City departments do not object to such issuance. If a City department recommends denial of the permit, the provision of Subsection 5.69.060.D shall apply.

(ORD-19-0034 § 1, 2019; Ord. C-7423 § 33, 1996)

A.

Filing. Any person desiring a permit required by this Chapter, shall make application on forms to be provided by the Director of Financial Management. Such application shall include the name and address of the applicant, the proposed location, and such other information deemed pertinent by the Director of Financial Management.

The person whose signature appears on the application shall attest that they are a duly authorized representative of the applicant and that the information contained in the application is true and correct.

The application shall be filed under penalty of perjury. False statements therein will constitute grounds for denial or revocation as applicable.

An incomplete application shall not be accepted for processing.

A nonrefundable investigation fee, as set by a City Council resolution, shall be paid to the City at the time the application is filed.

B.

Change in Contents. Any change in any information in the application, which occurs after the application has been filed and prior to City Council approval, must be submitted in writing to the Director of Financial Management within ten calendar days after the change has occurred.

C.

Investigation. On receipt of the application, the Director of Financial Management shall refer it to all concerned City departments for investigation. Such departments shall file their reports and recommendations regarding the approval or denial of the permit with the Director of Financial Management within sixty days after the application is filed, except where circumstances beyond the control of the City justifiably delay such response.

D.

Hearing.

The Director of Financial Management shall transmit the application, together with the reports and recommendations of the City departments, to the City Council for hearing and shall notify the applicant of the time and place of the hearing which shall be held before the City Council on the first available hearing date.

Prior to the hearing, the Director of Financial Management shall give the applicant notice of the recommendations of the City departments.

At the hearing, if the City Council determines that the application is complete and truthful; that where the applicant is an entity, it is a bona fide entity, organized and conducted for a lawful purpose; that the applicant, the persons interested in the ownership and the operation of the entity and the officers and trustees of the entity are law abiding persons and persons who will operate and conduct the business or activity in a lawful manner; and that the public peace, welfare and safety will not be impaired, then the application shall be approved. Otherwise, it shall be denied. However, despite City Council approval of the application for the permit, the applicant shall not operate his/her business (or activity) until a permit is actually issued by the Director of Financial Management. Upon approval of the application, the Director of Financial Management shall issue the permit provided that the applicant has met all conditions imposed by any City department, has complied with all applicable laws, and has paid the applicable license tax and permit fees. The applicant shall have a maximum one hundred eighty (180) days after City Council approval to obtain the permit. Failure to do so within that period shall render the City Council approval void, unless an extension of the compliance period is granted by the City Council before the compliance period has expired.

(Ord. C-7423 § 33, 1996)

A.

Whenever there is a change of ownership where the previous owner had a valid permit, or where a new permit, not involving adult entertainment as defined in Title 21 hereof, is applied for, the Business License Section may issue a temporary amusement permit to the new owner, subject to the following conditions:

The new owner must apply for a temporary permit on forms provided by the City. The application may be approved if it is verified that the records of the Police, Fire and Health Departments indicate no public nuisance has been maintained at the location during the past twelve (12) months before the application date.

No temporary permit shall be issued unless the applicant has also applied for a regular permit for the same location.

A temporary permit shall automatically expire one hundred twenty (120) days from date of issuance or when an application for a regular permit is approved or denied by the City Council; whichever occurs first. A temporary permit may be revoked pursuant to Chapter 5.06 of this Title 5;

The applicant shall at all times during operation under the temporary permit comply with any conditions imposed by the Chief of Police or other City departments. At the time a temporary permit is issued, the applicant shall agree to comply with all temporary operating conditions assigned. The applicant shall also agree to hold the City harmless for liability/damages arising from any contractual agreements or investments made which assume the eventual issuance of an unrestricted permit; and

A nonrefundable fee, as set by City Council resolution, shall be paid to the City when the application for a temporary permit is filed.

(Ord. C-7423 § 33, 1996)

A.

Any permit issued pursuant to this Chapter shall not be transferred or assigned to another person for any purpose. Any change in ownership shall require a new permit. Regardless of any change in ownership, the permittee shall be required to notify the Director of Financial Management of any change in the business name. The following shall be deemed a change of ownership:

For general partnership personnel, the addition or substitution of a new partner;

For a limited partnership, the addition or substitution of a new partner or the addition or substitution of a general partner not listed as a partner in the application for the permit previously approved;

For a corporation, more than fifty percent (50%) of the shares of stock is transferred to or acquired by persons other than those designated in the application for the permit previously approved.

B.

Any permit issued pursuant to this Chapter shall not be transferred to any other location for any purpose. Any change in location shall require a new permit. The following shall be deemed a change in location:

Any relocation or expansion that includes a separate piece of property or parcel of land.

Any expansion of the initially permitted premise which represents a greater than fifty percent (50%) increase in the square footage of space devoted to public access or occupancy.

C.

The lawful conduct of activity regulated by this Chapter by a permittee shall be limited to those activities expressly indicated on the permit application and approved by the City Council. Any change in activity which exceeds the parameters of the approved permit will require the approval of the City Council.

(Ord. C-7423 § 33, 1996)

A.

Where admission of persons under the age of eighteen (18) years is permitted as a condition of a license approved by the Alcoholic Beverage Control Board, no person owning, controlling, managing, or having charge of any public pool hall, public billiard hall, public cardroom or public card table, or any other table kept or used for gaming shall allow any person under the age of eighteen (18) years to engage in, play or loiter near any game of pool, billiards, cards, amusement machine or any other game or device unless accompanied by such person's parent, legal guardian, or an adult at least twenty-five (25) years of age. The legal parent, legal guardian or adult at least twenty-five (25) years of age shall be within the premises at all times but need not be by the side of the person under the age of eighteen (18) years.

B.

Where admission of persons under the age of eighteen (18) years is permitted as a condition of a license issued by the Alcoholic Beverage Control Board, no person under the age of eighteen (18) years shall engage in, play or loiter near any game of pool, billiards, cards, amusement machine or any other game or device unless accompanied by such person's parent, legal guardian, or an adult at least twenty-five (25) years of age. The legal parent, legal guardian or adult at least twenty-five (25) years of age shall be within the premises at all times but need not be by the side of the person under the age of eighteen (18) years.

C.

No person having charge or control of any pool or billiard hall shall allow a person under the age of eighteen (18) years to enter and remain therein after the receipt of a notice signed by the parent or guardian of such minor or person in which the parent or guardian has requested that the minor be prevented from entering or remaining in any such premises.

D.

No person less than eighteen (18) years of age shall enter or remain in a pool or billiard hall between the hours of one (1) minute after twelve a.m. and three-thirty p.m. on any day that schools are in session during the school year. On days during the school year where there are no school sessions, then no person less than eighteen (18) years of age shall enter or remain in a pool or billiard hall between the hours of one (1) minute after twelve a.m. and nine a.m.

(ORD-19-0034 §§ 2, 3, 2019; Ord. C-7423 § 33, 1996)

A.

Noncompliance. Failure to comply with any of the provisions of this Chapter, including any conditions attached to the permit at the time of approval, will constitute grounds for suspension, denial or revocation of the permit. The suspension or revocation of a permit shall be governed by the provisions of Chapter 5.06 of this Title 5.

B.

Cease Activity. No person shall conduct any business or activity regulated by this Chapter during the pendency of a permit application except as permitted by Section 5.69.070, or at any time after permit denial or revocation or during the time a permit therefor has been suspended.

(Ord. C-7423 § 33, 1996)

Whenever a permit has been revoked or an application for a permit has been denied, no other similar application shall be considered for a period of one (1) year from the date of such revocation or denial. This applies to any person whose permit was revoked or whose application was denied who later becomes a director or officer of a corporation, profit or nonprofit, or a member of a partnership or a person owning or possessing fifty percent (50%) or more of the shares of a corporation which seeks to obtain a new permit. This shall also apply to a corporation, profit or nonprofit, whose permit was revoked or application denied,

to any of its directors or officers or to any person who owned fifty percent (50%) or more of its shares, who attempts by way of a new corporation or by the use of their individual names or becoming a member of a partnership or a director or officer or a person owning or possessing fifty percent (50%) or more of the shares in another corporation to obtain a new permit. Whenever any permit is suspended, the provisions of this Section shall apply to the permittee during the period of suspension.

(Ord. C-7423 § 33, 1996)