Chapter 12 — ARCADES AND AMUSEMENT MACHINES

For the purposes of this chapter, "amusement machine" shall mean any device, game, or contrivance, including, but not limited to, pinball machines, video games, computer games, electronic games, shuffleboards, slot machines, juke boxes, and mechanical music boxes, for which a charge or payment is received for the privilege of playing, using, or operating the same and which, as the result of such use, operation, or playing, does not entitle the person using, operating, or playing such device, game, or contrivance to receive the same return in market value in the form of tangible merchandise each time such device, game, or contrivance is used, operated, or played.

(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

For the purposes of this chapter, "arcade" shall mean any business or establishment which has located on its premises four or more amusement machines which are kept thereon for the purpose of being played, operated, or used by the patrons of the arcade for money or money's worth deposited in the amusement machine played, operated, or used or any premises wherein not less than 25% of the public floor area is devoted to amusement machines, whether or not such amusement machines constitute the primary use or accessory use of the premises.

(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) It shall be unlawful and a misdemeanor to establish an arcade within the City without first obtaining a conditional use permit.

• (b) Arcades shall be permitted only in the C-1 Zone, subject to the issuance of a conditional use permit, pursuant to the provisions of this chapter and Title 10 of this Code. This requirement shall be in addition to other permits, licenses, or certificates required by law or this Code.

• (§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Any arcade or amusement machine in existence in any zone in the City as of November 24, 1981, shall, on or before March 27, 1982, either comply with the provisions of this chapter or be terminated as a nonconforming use.

(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

The following development standards and regulations shall apply to all arcades located in the

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-12.05

§ 4-12.07

City and shall be included in the conditions imposed upon the granting of any conditional use permit for such establishments:

• (a) All amusement machines within the premises shall be visible to and supervised by an adult attendant who shall be present at all times when any amusement machine is being operated.

• (b) The supervision of the patrons on the premises shall be adequate to insure that there is no conduct which is detrimental to the public health, safety, and general welfare.

• (c) During the school year, persons under the age of 18 shall not be allowed to operate amusement machines Monday through Friday, except legal school holidays, between the hours of 8:00 a.m. and 3:00 p.m., unless accompanied by an authorized agent of the school district or such person's parent or guardian. It shall be the responsibility of the adult attendant to enforce this regulation.

• (d) Outside security lighting shall be provided under the direction and upon the recommendation of the Police Department.

• (e) Adequate parking and bicycle racks shall be provided.

• (f) Public restrooms shall be provided.

• (g) A minimum of two footcandle illumination generally distributed shall be maintained in all parts of the premises at all times when the arcade is open and when the public is permitted to enter or remain therein.

• (h) Provision shall be made to reduce noise caused by the operation of the amusement machines and the patrons thereof.

• (i) No amusement machine shall be situated in such a way that its use will violate any applicable fire regulation or hinder the reasonable egress from and ingress to the premises of the public.

• (j) The initial approval for a conditional use permit shall be for a period of six months. Prior to the expiration of the conditional use permit, the applicant may request renewal, subject to reevaluation. The Planning Commission may extend the conditional use permit for successive one year periods if all the conditions of approval have been complied with and no complaints have been received. If complaints have been received, the Planning Commission shall hold a public hearing to determine if the standards have been complied with and renewal should be approved.

• (§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

All applications for arcade conditional use permits shall be accompanied by a development plan which complies with the provisions of subsection (e) of Section 10-2.1705 of Article 17 of Chapter 2 of Title 10 of this Code, sufficient in detail to indicate how the applicant proposes to comply with the conditions set forth in Section 4-12.05 of this chapter, and indicating thereon the proposed location on the premises of each amusement machine.

(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA § 4-12.07

OJAI CODE

§ 4-12.10

• (a) It shall be unlawful for any arcade to conduct business without, in addition to obtaining all conditional use permits required by this Code and all other permits or certificates required by law, obtaining a license and paying the license fee as required by Chapter 6 of Title 6 of this Code.

• (b) It shall be unlawful for any person to operate or maintain amusement machines on his premises without, in addition to complying with the provisions of this chapter and all other permits and certificates required by law, obtaining a license for each amusement machine and paying the licensee fee as required by Chapter 6 of Title 6 of this Code.

• (§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) Unless specific approval is first obtained from the Planning Commission, no arcade shall be maintained or operated within 50 feet from the border line of the zone in which such arcade is lawfully permitted.

• (b) No amusement machine shall be maintained, operated, conducted, or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the retail sale of alcoholic beverages within 10 feet of the liquor retail department of any multidepartment business establishment. This subsection shall not prohibit the operation of amusement machines in bona fide clubs, bars, saloons, taverns, or restaurants which are licensed to sell alcoholic beverages.

• (c) No amusement machine shall be maintained, operated, conducted, or used, nor kept for such purposes, within any place which is closer than 300 feet from any public or private school which conducts classes for any of the grades from kindergarten through the 12th grade.

• (d) No amusement machine, except one maintained for private use, shall be permitted within the City other than in zones designated C-1, C-R, or M-1.

• (§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

All conditional use permits issued pursuant to this chapter and Chapter 2 of Title l 0 of this Code shall be subject to revocation proceedings instituted by the Chief of Police, Planning Commission, or Council for violations of any of the terms or provisions of this chapter or the conditional use permit issued pursuant to this chapter, or if the Chief of Police finds that the arcade permitted thereby may no longer conduct business, or that amusement machines may no longer be installed and used at the premises covered by the conditional use permit without danger to the public peace, health, or safety. Such revocation proceedings shall be in conformance with subsection (d) of Section 10-2.2002 of Article 20 of Chapter 2 of Title 10 of this Code. (§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

Notwithstanding any other provision of this Code, all amusement machine and arcade licenses or arcade conditional use permits to which reference is made in this chapter shall be valid only for the place and operator stated in the license or permit and shall not be transferred to any other place, person, business, or establishment without the consent of the Planning Commission first

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-12.10

§ 4-12.11

had and obtained.

(§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

It shall be the duty of the Chief of Police to enforce this chapter. (§ 2, Ord. 600, eff. January 26, 1982, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

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City of Ojai, CA § 4-13.01

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-13.04