Modesto Municipal Code Art. 13 Picture Arcades

Enclosed or concealed booths and unlit or dimly lit areas within picture arcades greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease.

The provisions of this article are necessary in order to reduce the opportunity for, and therefore the incidence of illegal conduct within picture arcades, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

(Added by Ord. 2481-C.S., § 1, effective 4-16-87)

As used in this article, "picture arcade" shall mean any room to which the public can gain admittance wherein one (1) or more coin- or slug-operated, or electrically, electronically, or mechanically controlled still or motion picture machines or projectors or video monitors are designed, operated or maintained to show still or motion pictures or videos to five (5) or fewer persons per machine, projector or monitor at any one (1) time.

(Added by Ord. 2481-C.S., § 1, effective 4-16-87)

It shall be unlawful for any person, partnership, corporation or other entity to own, operate, maintain or manage a picture arcade, unless the complete interior of the portion of the premises where the pictures can be viewed is continuously open and fully visible to any person upon entering the premises containing such picture arcade. Booths within picture arcades wherein still or motion pictures are viewed are hereby prohibited.

(Added by Ord. 2481-C.S., § 1, amended by Ord. 2601-C.S., § 1, effective 9-15-88)

A level of illumination established by the Chief of Police, based upon generally accepted lighting standards, and published in a list of Rules and Regulations Governing Picture Arcades shall be maintained during hours of operation in all parts of any picture arcade which are open to the public. Said list of Rules and Regulations shall be available upon request to the Police Department.

(Added by Ord. 2481-C.S., § 1, effective 4-16-87)

Any picture arcade lawfully in existence on April 16, 1987, and made illegal by the provisions of this article shall conform to the provisions thereof by August 1, 1987.

(Added by Ord. 2481-C.S., § 1, effective 4-16-87)

Any person, partnership, corporation or other entity violating any of the provisions of this article shall be deemed guilty of a misdemeanor. Each person, partnership, corporation or other entity shall be deemed guilty of a separate offense for every day or any portion thereof during which any violation of any provisions of this article is committed, continued or permitted by such person, firm or corporation, or other entity.

(Added by Ord. 2481-C.S., § 1, effective 4-16-87)

If any section, subsection, sentence, clause, phrase or portion of this article is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this article. The City Council of this City hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact than any one (1) or more sections, subsections, clauses, phrases or portion should be declared invalid or unconstitutional.

(Added by Ord. 2481-C.S., § 1, effective 4-16-87)