Maywood Municipal Code Ch. 35 Game Arcades

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Arcade establishment" shall mean any place of business containing two (2) or more arcade devices, except exempt arcades.

(b) "Arcade device" shall mean all devices commonly known as "pinball machines" and all "video games", of whatever kind or nature, whether electronically activated or not. "Arcade device" shall not include the following:

(1) Coin-operated billiard tables for which a permit is required; and

(2) Devices otherwise definable as arcade devices but sold and used solely for home use.

(c) "Exempt arcade" shall mean any place of business containing two (2) arcade devices which the Director of Building and Planning or his designee determines to have sufficient interior space therefor, utilizing the provisions of subsections (1), (3), and (4) of subsection (a) of Section 5-35.03 of this chapter as a guideline.

(§ 2, Ord. 82-243, eff. June 24, 1982, as amended by § 1, Ord. 83-259, eff. August 25, 1983)

No person shall operate a game arcade in the City without first obtaining, in addition to all other licenses and permits required by this Code, a conditional use permit for such use in the manner provided for in the Maywood Zoning Ordinance. Any person lawfully operating a game arcade on February 8, 1983, shall be permitted to operate without such conditional use permit until June 30, 1983, providing all other licenses and permits have been lawfully issued for all of the games contained therein. No game arcade, whether or not lawfully in operation on March 10, 1983, shall be exempted from any of the provisions of Section 5-35.03 of this chapter. All game arcades, except those subject to conditional use permits as required by this chapter, shall become nonconforming uses as defined by the Maywood Zoning Ordinance and shall be abated on or before June 30, 1983.

(§ 2, Ord. 82-243, eff. June 24, 1982, as amended by § 1, Ord. 83-256, eff. March 10, 1983)

All conditional use permits for the use of operating a game arcade shall include the following mandatory conditions. Additional conditions may be imposed at the discretion of the Council:

(a) Interior location and arrangement.

(1) Game machines shall be located no closer than twelve (12″) inches from any wall assembly separating the game arcade from any adjacent building or portion of a building. Where machines are located along one side of an aisle, such aisle shall be a minimum of sixty-six (66″) inches in width and shall be unobstructed. Where machines are located on both sides of an aisle, the aisle shall not be less than ninety (90″) inches in width and shall be unobstructed.

(2) A game arcade shall have a minimum interior area of 750 square feet allocable to the arcade use.

(3) The maximum number of machines in any game arcade shall not exceed one machine for every forty (40) square feet of gross floor area allotted to the arcade operation.

(4) No machine may be located within ten (10') feet of an entrance.

(b) Visibility. No game arcade shall be maintained or operated unless all portions of the interior of such game arcade, except the rest rooms thereof, are plainly visible from the outside of the building through windows or glass doors which shall not be obstructed with paint, signs, display racks, or other objects.

(c) Lighting. All entrances and interior areas shall be adequately lighted. A lighting plan shall be approved by the Building Department prior to the commencement of such business.

(d) Lavatories. Each game arcade shall provide a minimum of two (2) toilet and lavatory facilities accessible to customers, employees, and business invitees.

(e) Hours of operation. No game arcade shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sundays through Thursdays and between the hours of 10:00 am. and 12:00 midnight on Fridays and Saturdays. The hours of operation shall be posted in a conspicuous place.

(f) Attendants and security guards. One full-time attendant shall be required during daylight hours and two (2) attendants until closing. Additional supervision may be imposed as a condition of any permit. Both attendants and security guards shall be subject to approval by the Chief of Police and shall be twenty-one (21) years of age or more and demonstrate an absence of criminal convictions involving gambling, minors, or breach of the public peace in the five (5) year period preceding their employment at the game arcade. Each person so employed shall be approved prior to commencing employment.

(g) Noise control conditions.

(1) Wall separations. The game arcade shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least fifty-six (56), per American Society of Testing and Materials (ASTM) designations E-90 or E-336 and E-413.

(2) Intrusive noise. The operation of the game arcade shall be conducted in a manner so that the intrusive sound level in adjacent occupiable areas shall not exceed the following noise standards for the following cumulative periods: cumulative period of thirty (30) minutes in any hour, forty-five (45) dBA; cumulative period of fifteen (15) minutes in any hour, fifty (50) dBA; cumulative period of five (5) minutes in any hour, fifty-five (55) dBA; and cumulative period of one minute in any hour, sixty (60) dBA.

(3) Ambient sound level. If the ambient sound level within the adjacent area exceeds the applicable standard for the cumulative period set forth in subsection (2) of this subsection, the applicable standard for such period shall be the ambient sound level.

(4) Pure or impulsive noise. If the source of noise emits a pure or impulsive noise, the noise standard for the applicable period shall be reduced by five (5) decibels.

(h) Bicycle racks. Bicycle racks shall be provided within twenty-five (25′) feet of any game arcade and shall provide a total of at least two (2) bicycle stalls for every four (4) games located within the arcade. Bicycle racks shall not be located in any required landscaped area, entrance, exit, walkway to a building, driveway, legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises.

(i) Alcoholic beverages and smoking. No alcoholic beverages and no tobacco products shall be sold or consumed on the premises of a game arcade. No manager or licensee shall permit a person to remain if such person is consuming alcoholic beverages or smoking.

A sign shall be posted inside the game arcade stating in letters not less than two (2″) inches high: "NO SMOKING. NO CONSUMPTION OF ALCOHOLIC BEVERAGES".

(§ 2, Ord. 82-243, eff. June 24, 1982, as amended by § 1, Ord. 82-247, eff. September 23, 1982)

Game arcades shall be allowed as conditional uses in all Commercial (C) Zones and Open Space (O-S) Zones.

(§ 2, Ord. 82-243, eff. June 24, 1982)

No conditional use permit for a game arcade shall be granted for a period longer than two (2) years and may be extended for additional periods of two (2) years without a hearing.

(§ 2, Ord. 82-243, eff. June 24, 1982)

The Planning Commission or Council, upon a variance application only, at the time it grants any conditional use permit for a game arcade, may modify or delete any condition otherwise required by this chapter. In granting such variance, the findings shall also include that: (1) such condition imposes an undue hardship upon the applicant; and (2) the requirement, as applied to his proposed business location, is unnecessary for the protection of the health, safety, or welfare of the public, the patrons of the establishment, or surrounding residences or businesses.

The Planning Commission and Council may impose any additional conditions upon the granting of any such conditional use permit which it determines are necessary or desirable to effectuate the purposes set forth in this chapter.

(§ 2, Ord. 82-243, eff. June 24, 1982)

The provisions, rules and regulations set forth in this chapter, shall not apply to City-owned property. Any request to place arcade devices shall be reviewed by the Chief Administrative Officer or his/her designee and shall be subject to final approval by the City Council. Approval of any arcade device on City property is at the sole discretion of the City Council.

(§ 1, Ord. 00-471, eff. October 4, 2000)