Montclair Municipal Code Ch. 11.44 Amusement Game Arcades

The Planning Commission is authorized to grant amusement game arcade use permits for particular cases which are qualified pursuant to the provisions of this title. In granting such amusement game arcade permits, the Planning Commission may stipulate conditions in addition to those required by this chapter which will tend to safeguard the health, safety, and property values in the area.

(Ord. 99-791 Exh. A (part); prior code § 9-6.300)

The provisions of this chapter shall apply to all amusement arcades in appropriate C-2, C-3, M-1 and M-2 zoned districts, as well as all use of amusement devices within the City.

(Prior code § 9-6.301)

A. The City Council finds that the use of amusement devices, and particularly when in amusement arcades, has sufficient potential for associated problems and concerns so as to require specific regulations other than those found within the appropriate zoning classifications.

B. The intent of this chapter is to develop standards, procedures and guidelines to provide a uniform method whereby amusement arcades can operate for the overall community good without causing detriment to surrounding uses, businesses, neighborhood, or the community.

C. The purpose of the chapter is to provide specific standards for the review of all amusement arcades within the City which are equitable to the arcade establishments and yet protect the interests of the community.

(Ord. 99-791 Exh. A (part); prior code § 9-6.302)

Amusement arcades are permitted in the appropriate C-2, C-3, M-1 and M-2 zoning districts within the City, subject to the issuance of a conditional use permit pursuant to the provisions of Chapter 11.78, the provisions of this chapter, and other applicable sections of this Code.

(Prior code § 9-6.304)

A. Amusement arcades shall only be permitted within the C-2 C-3, M-l and M-2 zoned districts within the City.

B. Public entrances to an amusement arcade shall be:

1. A minimum walking distance of 200 feet from any residentially zoned property, church, or religious institution;

2. A minimum walking distance of 300 feet from any public or private elementary, intermediate, or high school which provides education for at least 50 students;

3. A minimum walking distance of 50 feet from any business devoting over 50 percent of its floor area to the sale of alcoholic beverages for off-site consumption.

C. Amusement devices and/or amusement arcades shall be prohibited within any business devoting over 50 percent of its floor area to the sale of alcoholic beverages for off-site consumption.

D. The Planning Commission shall be empowered to take location into account and determine compatibility of an amusement arcade with an adjacent or surrounding use, neighborhood, or shopping area as justification for approving or denying an application.

(Ord. 99-791 Exh. A (part); prior code § 9-6.306)

A. Amusement arcades located within a walking distance of 1000 feet of a public or private elementary, intermediate, or high school which provides education to at least 50 students shall not be permitted to be open for business during school hours and not until at least 30 minutes after the school(s) day officially ends. These limitations shall not apply on weekends, holidays, or official school vacation periods.

B. Beyond the above hours of operation limitations, the Planning Commission may further establish conditions limiting the hours of operation for any amusement arcade when it is determined necessary or desirable in order to protect nearby properties or uses to provide for the general public safety or welfare. Such hours of operation limitations may be imposed as a condition at the time of the original approval or any time subsequent thereto.

(Ord. 99-791 Exh. A (part); prior code § 9-6.307)

Amusement arcades shall provide the following adult supervision (over 21 years of age) and evening parking lot security guard (dusk until 30 minutes after business closes):

(Prior code § 9-6.308)

Amusement arcades shall provide a minimum of two public restrooms within the approved building.

(Ord. 99-791 Exh. A (part): prior code § 9-6.309)

Amusement arcades shall provide an area within the approved building for patrons wishing to relax or wait for a particular amusement device to become available. Seating facilities shall be included within this waiting area.

(Prior code § 9-6.310)

Amusement arcades shall provide change-making machines or token-exchange facilities for patron use. Whatever facility is utilized, it shall be such as to discourage patrons from requesting change from other patrons or nearby businesses or persons.

(Ord. 99-791 Exh. A (part); prior code § 9-6.311)

A. Amusement arcades shall provide a minimum of interior clear space for safe and convenient patron circulation pursuant to the following minimum standards:

1. Provide minimum aisle widths of 90 inches;

2. Provide a minimum of 90 inches between amusement devices and any entrance or exit;

3. Provide a minimum 24-inch separation between amusement devices.

B. Additional clear space may be required by the Building Official in order to maintain public safety.

(Ord. 99-791 Exh. A (part); prior code § 9-6.312)

Upgraded common wall insulation and other noise attenuation measures may be required in order to attenuate excess arcade noise from disturbing adjacent uses or businesses.

(Prior code § 9-6.313)

Each amusement arcade shall be required to provide adequate off-street parking for its own use at a rate of one space per six permitted occupants or one space per two amusement devices, whichever figure may be greater. Other differing uses within the amusement arcade building, including but not limited to restaurants, shall be required to meet the parking standards as established in Section 11.66.010 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-6.314)

Amusement arcades shall be required to provide bicycle racks within 25 feet of the amusement arcade's entrance. Bicycle rack spaces shall be provided at a rate of one space per each amusement device (up to 25 devices), with one additional space per each additional five devices. The design and placement of the bicycle rack shall be determined by the City.

(Ord. 99-791 Exh. A (part); prior code § 9-6.315)

Amusement arcades shall be required to provide sufficient and adequate lighting to provide for a safe and functional exterior environment. Particular attention shall be paid to the placement of adequate lighting around all entrances and exits, in areas which may present a likely location for patron congregation, and in areas which are unduly dark. All lighting shall be arranged and shielded so as to eliminate excessive glare or reflection onto adjoining properties. A requirement of additional or upgraded lighting may be imposed as a condition at the time of the original approval or any time subsequent thereto.

(Prior code § 9-6.316)

All signs on the exterior of an amusement arcade or visible from the public right-of-way shall require prior City approval in accordance with the provisions of this Code.

(Prior code § 9-6.317)

Prior to occupancy, the arcade applicant shall take all necessary steps in order to comply with the requirements of the Building, Police and Fire Departments which may be imposed as a result of applicable codes or community objectives.

(Prior code § 9-6.318)

In its review of an amusement arcade permit request, the Planning Commission may consider and/or specify conditions to deter outdoor congregation by arcade patrons, to limit the method and hours of operation in order to achieve use compatibility, and to discourage illegal or undesirable activities.

(Ord. 99-791 Exh. A (part); prior code § 9-6.319)