Monrovia Municipal Code Ch. 9.40 Recreational Centers (arcades)

(A) Definitions. For the purposes of this chapter, the following terms are defined as set forth in this division:

ANY GAME SIMILAR TO A MARBLE GAME. Shall include “balley-alley” and any other miniature mechanical bowling game device, by whatever name called, any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any moving object is propelled, rolled, shot or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, mechanical hand or by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical device or which is mechanically manipulated, controlled or guided and which game is so contrived that, at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the paying off or awarding of a prize or reward upon the operation or play of the game.

CLAY, HOOK, OR GRAB MACHINE. Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displaced, recovered or removed by the operation of any contrivance simulating in miniature a power shovel, clamshell, dragline or similar excavating tool or machine.

GAME OF SKILL AND SCIENCE. Any game participated in by one or more players where or when any charge is made by the person conducting, operating or maintaining the game or any consideration is paid by any player for the right to play or participate in any such game, and the dominating factor in determining the results of the game is dependant upon the skill of the player or players and not upon chance. GAME OF SKILL AND SCIENCE does not include any athletic games not played upon a table, cabinet or mechanical device, billiards and pool games played upon billiard and pool tables of standard size and dimensions, the games of chess and checkers, all legal playing card games of skill and science, and athletic sporting events.

HORSE RACING MACHINE. Any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in a manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of the finish thereof.

MARBLE GAME. Any table, cabinet or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot or rolled so as to drop or come to rest in holes, slots, cups, or traps, resulting in a score or tally depending upon the course followed or point reached by the marble or ball or upon the contact points touched by it along its course, or upon any combination of such factors.

PIN GAME. Any table, cabinet or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregularities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player.

PRIMARY USE. A use that is the predominant use of the building, where 50% or more of the gross square footage of building is devoted to such use.

RECREATIONAL CENTER (ARCADE). Any place open to the public where three or more coin-operated games of skill and science, as described in this division (A), are kept or maintained and persons are permitted to use such games.

SECONDARY USE. A use that occupies less than 50% of the gross square footage of the building.

(B) Devices prohibited. It is unlawful for any person to keep, maintain or possess in any place of business or in any place of public resort any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted or made available by placing therein any coin, plug, disk, key or token, or which is let for use, operation or play.

(C) Exemptions. The provisions of this division (B) of this section shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance, device or any game of skill or science at or in any mercantile store in which mechanical contrivances, devices or games of skill and science are kept solely for sale and which mechanical contrivances or devices members of the public are not permitted or allowed to operate, manipulate or play except as incidental to a demonstration for the purpose of sale.

(D) The provisions of division (B) shall not apply to any coin-operated pool or billiard table located within any licensed poolroom or billiard room.

(`83 Code, § 9.40.010) (Ord. 83-2 § 1 (part), 1983)

The city License Collector, in the exercise of the duties imposed upon him, and acting through his deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

(`83 Code, § 9.40.020) (Ord. 83-2 § 1 (part), 1983)

It shall be the duty of the city License Collector to enforce each and all of the provisions of this chapter and the Chief of Police shall render such assistance in the enforcement of this chapter as may be required by the city License Collector or City Council.

(`83 Code, § 9.40.030) (Ord. 83-2 § 1 (part), 1983)

(A) No person shall keep, maintain or possess in his place of business one or more games of skill and science or allow the operation, maintenance, conduct or carrying on of any game of skill and science without having first obtained a permit thereof as provided in this section.

(B) If the applicant desires a permit for the purpose of operating, maintaining or conducting games of skill and science as a business in an appropriate commercial zone and not as an accessory use to main use of the premises for an established business, no permit shall be issued until the applicant completes the necessary forms for a recreational center (arcade) pursuant to the provisions of this chapter. The term ACCESSORY USE means incidental to or subordinate to the main use of the premises. The term RECREATIONAL CENTER (ARCADE) means any place open to the public where three or more coin-operated games of skill and science, as described in § 9.40.010, are kept or maintained and persons are permitted to use such games.

(C) Conditional use permit. A conditional use permit will be required for all recreational centers (arcades). In addition to any conditions imposed on a specific site, all recreational centers (arcades) must meet these requirements:

(1) Visibility of the interior. No person shall maintain any recreational center (arcade) to which the public is invited unless the interior of the recreational center (arcade), except rest rooms, is completely visible immediately upon entrance into the premises of which the game arcade is a part.

(2) Manager. Every recreational center (arcade) shall have a responsible adult person on the premises to act as a manager at all times during which the establishment is open.

(3) Rest rooms. When the public rest room facilities are provided, it shall be the responsibility of the licensee, the licensed manager, and every supervisory employee of a recreational center (arcade) to insure that they are key controlled and used only by one person at a time.

(4) Intoxicated/disorderly persons. The licensee, licensed manager and every supervisory employee shall not permit any intoxicated or disorderly person to enter in, or remain in any recreational center (arcade). Signs prohibiting alcoholic beverages on the premises shall also be posted.

(5) Hours of operation. An establishment that has a recreational center (arcade) as a primary use shall not be open to the public before 10:00 a.m. and shall close by 10:00 p.m. Sundays through Thursdays and 11:00 p.m. on Fridays and Saturdays. The hours of operation for a business that has a recreational center (arcade) as a secondary use shall be established by the Planning Commission through a conditional use process.

(6) Clean walkways. The licensee, license manager, and every supervisory employee shall be responsible for maintaining a clean and clear walkway in front of every recreational center (arcade).

(D) Licenses.

(1) Filing. The owner of a recreational center (arcade), or any other business, who desires to keep, maintain or possess in his or her place of business one or more games of skill and science shall file an application for such a permit with the city License Collector.

(2) Signature and verification. Each application shall be filed in the name of the person or business entity and shall be signed and verified by an individual applicant, by a partner if a partnership, and by a corporate officer if a corporation.

(3) Contents. The application shall be made upon a form therefor prescribed by the city License Collector and shall contain the following information:

(a) The name and residence of every person required to sign any application under this section;

(b) The place of business where any such proposed game of skill and science will be operated, maintained or conducted, and the number of the current business license issued for that place of business; and

(c) The number of the games to be maintained on the premises.

(4) Fees.

(a) Generally, each application required by this division shall be accompanied by a non-refundable annual permit fee of $25 for each game of skill and science listed thereon.

(b) Penalties for late payment. Whenever any permit fee required is not paid by the last calendar day of each month, after the due date thereof, a penalty shall be due and is imposed equal to 100% of the amount of the permit fee.

(5) Permits not transferable. Permits issued pursuant to this section shall not be assigned or transferred, nor shall they be construed as authorizing any person other than the permittee to engage in the licensed business except as provided in this section.

(6) Duplicate permits. A duplicate permit may be issued by the city License Collector to replace any permit previously issued under this section which has been lost or destroyed upon the permittee filing an affidavit attesting to such fact and the payment of a filing and processing fee of $5.

(7) Posting at premises. The permittee shall keep the permit issued under the provisions of this section posted in a conspicuous place upon the premises for which the permit was issued.

(8) Unlawful games. No permit issued by the city License Collector pursuant to this section shall authorize the conduct of any game which is prohibited by any law of this state or of this code, and any such permit issued in violation thereof shall be void.

(9) Revocation for conviction of crime. If the holder of a permit for the operation of a game of skill and science, or any agency, employee or servant of the permittee acting for and on behalf of the permittee in connection with the operation, maintenance or conduct of any such game is convicted in any court of competent jurisdiction in the state of having violated any law of the state or of this code prohibiting or regulating gambling, all permits heretofore issued to the permittee shall be revoked by the city License Collector forthwith without hearing or previous notice. Upon the revocation of the permit, all games of skill and science shall be immediately removed from the premises.

(10) Expiration—Renewal. Each permit and each renewal permit shall expire on December 31 next following the date of its issuance. Each such permit may be renewed by making application for renewal and paying the required fee.

(`83 Code, § 9.40.040) (Ord. 83-2 § 1 (part), 1983; Ord. 94-03 § 3, 1994)