Chapter 5.40

MECHANICAL AND ELECTRONIC AMUSEMENT DEVICES

• A. The payment of the permit fee shall be paid in addition to any business license fee which is applicable under Section 5.16.030 of the Paramount Municipal Code.

• B. Every owner who owns, controls, possesses, exhibits, displays, or who permits to be exhibited or displayed in the City any mechanical or electronic amusement devices shall pay for, and, is hereby levied on each such location, an annual permit fee of $50.00. The fee for issuing a replacement permit for one lost, destroyed, or mutilated is five dollars.

• (Prior code § 11D-1)

Administrator. The City Clerk of the City of Paramount or authorized agent(s).

Mechanical or electronic amusement devices. Any machine, device, or game which upon the insertion of a coin, slug, token, plate, or disc, permits a person or operator to use the device as a game, contest of skill, or amusement, whether or not registering a score, which may cause a person or operator of the same to secure some amusement, enjoyment, or entertainment, and which is not a gambling device or a device which tends to encourage gambling. It shall include, but not be limited to, such devices as electronic or mechanical game machines, pinball machines, skill bar, bowling machines, or any other mechanical or electronic games or operations similar thereto under whatever name they may be indicated.

Person or owner. The person, firm, partnership, corporation, or association which owns any such device or is responsible for the placement or distribution of such devices within the City. (Prior code § 11D-2)

Games arcades shall be subject to, but not limited to, the following definition and provisions:

• A. Game arcade is defined as any place operated as a commercial business where four or more coin or token operated amusement machines are kept or maintained and persons are permitted to use such games.

• B. The hours of operation for the coin or token operated games of skill shall be as follows:

  1. Weekdays not during regular scheduled hours of daytime instruction of any Paramount Unified School District elementary, intermediate or secondary school, or in any case no earlier than 10:00 a.m. or no later than 9:30 p.m.

  2. Saturdays and Sundays, no earlier than 10:00 a.m. and no later than 9:30 p.m.

• C. No person shall remain on the premises during the hours when such games are inoperative as required by subsection B, except the permittee or employees.

• D. No person under the age of 18 years shall be permitted to play at any coin or token operated game of skill or be, remain in, enter or lounge about the premises unless accompanied by his or her parent or legal guardian or upon written, notarized consent of his or her parent or legal guardian on file at the location. The owner, manager, proprietor or operator shall not

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City of Paramount, CA § 5.40.030

BUSINESS LICENSES REGULATIONS

§ 5.40.040

permit a violation of this section within his or her establishment.

• E. The owner, operator, manager or proprietor shall not maintain any coin or token operated game of skill where there is placed, constructed or maintained any screen, partition, barrier, closet, alcove or object which obstructs the visibility of any part of such establishment, except restrooms, from the street or sidewalk.

• F. The business interior shall be well lighted both during the hours of operation and nonoperation.

• G. The business frontage shall be free of obstruction to permit clear visibility from the sidewalk and street.

• H. The owner or operator shall conspicuously display signs both indoor and outdoor, prohibiting loitering, consumption of alcoholic beverages and gambling on the premises.

• I. Exterior security and parking lot lighting must be installed and conform to Section 17.44.490 of the Paramount Municipal Code.

• J. Any person assuming managerial control must be an adult, and must remain on the premises during business hours.

• K. It is hereby declared to be the intent that if any provision of this permit is held or declared to be invalid, the exception shall be void and the privileges granted hereunder shall lapse.

• L. It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute or ordinance is violated, the permit shall be subject to revocation.

• M. In the event of sale, transfer or other changes in ownership or managerial control, this permit shall immediately become null and void and the coin or token operated machine operation shall cease and desist.

• N. The game arcade shall not be located closer than 500 feet to any school building attended by students below the age of 16 years.

• (Prior code § 11-5)

• A. Required.

  1. No person shall maintain, display for public patronage, or otherwise keep for operation by the public any mechanical or electronic amusement device without first obtaining a permit issued under the terms and conditions of this chapter.

  2. No permit is required for a person to own, maintain, or offer for use to the public, any coin-operated pleasure or amusement machine designed exclusively for use by children under the age of 10 years, such as coin-operated riding machines and other related coin-operated machines.

  3. No permit is required for a person to maintain four or more mechanical or electronic amusement devices under this section. An application to maintain four or more mechanical or electronic amusement devices can be granted only upon approval by the City Council as stipulated in Section 5.40.030.

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City of Paramount, CA § 5.40.040

PARAMOUNT CODE

§ 5.40.040

• B. Nature of Permit. A permit issued under this chapter:

  1. Is an annual permit which expires December 31st of each year unless it is suspended or canceled earlier;

  2. Is effective for a single place of business only;

  3. Vests no property right in the permittee except to maintain, display for public patronage, and permit the use of skill or amusement of mechanical or electronic amusement devices in accordance with the terms and conditions of this chapter; and

  4. May not be transferred nor shall the permit fee be prorated.

• C. Application for Permit. Applicants for mechanical or electronic amusement device permits shall file an application with the City Clerk on the form prescribed by him or her, which form shall among other things designate his or her mailing address for all notices, and upon the payment of the prescribed permit fee, the City Clerk shall issue to such person a license which shall contain:

  1. Name, address, and telephone number of the applicant, including the trade name by which the applicant does business and the street address of the premises, and, if incorporated, the name registered with the Secretary of State;

  2. Name, address, and telephone number of the operator of the premises to be permitted;

  3. Number of coin-operated amusement devices in the premises to be permitted and serial number of each machine;

  4. Whether a previous license of applicant, or, if applicable, corporate officer of applicant, has been revoked within two years of filing of the application; and

  5. A statement that all the facts contained in the application are true.

• D. Display of Permit. A permit issued under this chapter shall be displayed at or near the entrance of the business premises, and such display shall be permanent and conspicuous.

• E. Refusal to Issue or Renew Permit. The City Clerk shall refuse to approve issuance or renewal of a permit for any one or more of the following reasons:

  1. A false statement as to a material matter made in an application for a permit;

2. Revocation of a permit, pursuant to this chapter, of the applicant or corporate officer of the applicant within two years preceding the filing of the application;

   3. The applicant for such license has, within the past 10 years, been convicted of a crime involving moral turpitude;

   4. For any business location, unless the Building Code, Fire Code and other pertinent provisions of all City ordinances, as far as can be determined, are being complied with; or

   5. For any business location that is located within 500 feet of any school building attended by students below the age of 16 years.

• F. Responsibility of Permittee. A permittee shall not permit any of the following within or on

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City of Paramount, CA § 5.40.040

BUSINESS LICENSES REGULATIONS

§ 5.40.060

the permitted premises:

1. The sale, purchase, possession, or consumption of any alcoholic beverages unless the premises are licensed under the provisions of the Alcoholic Beverage Control Department, State of California, for the sale, purchase, possession, or consumption of alcoholic beverages;

2. The operation of any mechanical or electronic amusement device by a person younger than 18 years of age during the academic year for Paramount public schools between the hours of 7:00 a.m. and 3:00 p.m., except during school holidays and on Saturday and Sunday;

3. The loitering of intoxicated persons on the premises, or permit the premises to become a resort for disorderly persons of any age; or

4. The sale, purchase, possession, or consumption of any unlawful drug or narcotic on the premises.

(Prior code §§ 11D-3—11D-8)

• A. The City Clerk shall cause periodic inspections to be made of all premises or locations where mechanical or electronic amusement devices are used, kept, exhibited, or displayed. If, in the opinion of the City Clerk, said devices are causing or contributing to cause a nuisance, are being used or operated in violation of State and/or local gambling laws, or are creating an environment detrimental to the health, safety, or welfare of the citizens of the City, he or she shall immediately notify in writing the person who is the owner of the device or devices of his or her findings.

• B. If, in the opinion of the City Clerk, the conditions giving rise to his or her findings have not been abated within 10 days after written notice has been received by the owner, he or she shall forthwith order the owner to remove all mechanical and electronic amusement devices from the premises, location, or locations referred to in his or her findings, which devices shall be removed by the owner within five days after receipt in writing of said order of removal. Thereafter, no mechanical or electronic amusement devices shall be permitted in or upon the premises for a period of 90 days after said removal. At the expiration of 90 days, said devices may again be used, kept, exhibited, or displayed in or at said premises, location or locations provided; however, if the device or devices are again removed from said premises pursuant to the provisions of this section, they shall not thereafter be permitted therein or thereon for a period of one year from the date of removal.

• C. All law enforcement, building code enforcement, and fire code enforcement personnel of the City shall have the right to enter into said premises at anytime during normal business hours for the purposes of conducting inspections to insure compliance with the provisions of this chapter.

• (Prior code § 11D-9)

In the event the City Clerk denies issuance, suspends, or revokes a permit as set forth in Section 5.40.040, the owner may, within 10 days, appeal in writing such denial, suspension, or revocation to the City Council. The City Council shall set a time and place for a public hearing

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City of Paramount, CA

PARAMOUNT CODE

§ 5.40.060

§ 5.40.070

of the appeal, at which time all parties interested shall be afforded an opportunity to be heard. The decision of the City Council shall be final.

An appeal fee of $100.00 shall be submitted at the time of submission of this written appeal.

• A. Notice of Hearing. After the City Council has set the appeal for hearing, the City Clerk shall cause notice of said hearing to be given to the appellant and to all property owners within 300 feet of the location of the business at least 10 days prior to the hearing date. For the purposes of this section, notice to property owners shall be sufficient if given to those property owners who appear as such on the last equalized assessment roll on file with the City. Additionally, the City Clerk shall cause a public notice to be posted at the location where the devices are used, kept, exhibited, or displayed. All notices provided for in this section shall be in the form and manner as determined by the City Clerk.

• B. Denial of Appeal. At the conclusion of the hearing before the City Council, the City Council shall deny the appeal if it finds and determines any of the following:

  1. The conduct of the establishment or the granting of the appeal would be contrary to the public health, safety, morals, or welfare for any reason;

  2. The premises have operated in an illegal, unlawful, or disorderly manner;

  3. The applicant or any person associated with him or her as a principal or partner, or in a position or capacity involving partial or total control or management over the conduct of the premises, has within the past 10 years been convicted of a crime involving moral turpitude;

  4. The granting of the appeal would create a public nuisance;

  5. The normal operation of the premises would interfere with the peace and quiet of any surrounding residential neighborhood;

  6. There would not be adequate parking or bicycle storage areas available for the premises for which the permit is being sought; or

  7. The premises are not in compliance with the provisions of the Zoning Ordinance, Building Code, Electrical Code, Plumbing Code, or Fire Prevention Code of the City of Paramount.

• C. Approval of Appeal. If, at the conclusion of the public hearing, as provided for in this section, the City Council fails to find or determine that any disqualifying ground or grounds, as set forth in subsection B, exist or exists for the denial of the appeal, the City Council shall approve said appeal, and the permit shall be issued upon the payment of the appropriate fees forthwith.

• D. Conditions Imposed on Permit. After the public hearing as to any appeal, the City Council, in granting any permit, may also impose such reasonable conditions as to the use or extent of such permit as it deems appropriate based upon any evidence or facts presented at the hearing.

(Prior code §§ 11D-10—11D-14)

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City of Paramount, CA § 5.40.070

BUSINESS LICENSES REGULATIONS

§ 5.40.080

A person owning or operating a business lawfully in existence upon the effective date of this chapter, shall be deemed to have been issued a permit hereunder, provided that such proprietor, within 30 days after said effective date, submits on the form prescribed in Section 5.40.040(C) all required information. No permit fee shall be payable; however, all business license fees applicable under Section 5.16.030 of the Paramount Municipal Code shall still be payable as specified.

(Prior code § 11D-15)

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in procuring any license or permit herein provided for shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $500.00 or by imprisonment in jail for a period of not more than six months or by both such fine and imprisonment. (Prior code § 11D-16)

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City of Paramount, CA

BUSINESS LICENSES REGULATIONS

§ 5.44.010

§ 5.44.030