Chapter 5.20 — AMUSEMENT ARCADES AND MACHINES

* Prior history: Ord. 31-NS as amended by Ord. 81-NS and Ord. 78-11.

A.

"Amusement arcade" means any place open to the public where four or more coin-operated amusement machines are kept or maintained and persons are permitted to use such games. Seventy-five percent of the public area may be devoted to video games. Twenty-five percent of the public area may be devoted to entertainment related activities.

B.

"Amusement machines" means any electronic or mechanical machine or device the use or operation of which is controlled, permitted or made available by placing therein any coin or other token which is intended for the user's amusement. Includes, but is not limited to pinball machines, duckray machines or video game machines.

C.

"Awarding authority" means that person or body that has the authority to issue permits. Unless otherwise delegated the city council shall be the awarding authority herein.

(Ord. 82-9 §2(part), 1982).

No amusement machine shall be placed, operated or used except in an amusement arcade having a valid permit.

The permit requirement is in addition to any business license that may be required and the issuance of a business license does not entitle the holder to conduct such business without complying with this chapter. All said permits are nontransferable.

(Ord. 82-9 §2(part), 1982).

An application shall be made to the city with all fees setting forth all information required enabling the city staff to investigate and advise the awarding authority as to the suitability for issuance of a permit.

(Ord. 82-9 §2(part), 1982).

An application fee for processing each arcade permit shall accompany the application.

Annual fees for the arcade permit and each machine shall be as established by council resolution.

(Ord. 82-9 §2(part), 1982).

Upon completing its investigation and report the staff shall set the matter for a hearing before the awarding authority giving the applicant at least five days' notice thereof.

If the awarding authority is the city council, the hearing must be at a regular meeting unless otherwise specially noticed and set. In all other cases the hearing may be held at a date, time and place as noticed, subject to approval or review by the city council.

(Ord. 82-9 §2(part), 1982).

The awarding authority may grant, deny or conditionally grant a permit based upon findings as determined at the hearing and the standards set forth for each such permit, including, but not limited to, those standards set forth in Section 5.20.090.

Reasonable conditions may be imposed upon the permittee in the use of said permit.

(Ord. 82-9 §2(part), 1982).

The issuance of a permit hereunder does not authorize or exempt the permittee from complying with all other provisions of this code and other laws applicable.

(Ord. 82-9 §2(part), 1982).

A.

Any permit may be revoked after due notice and hearing for violations of this code, conditions imposed thereon or other applicable laws.

B.

Permittee shall be given not less than five days' written notice of the intent to revoke and set a hearing before the awarding authority.

C.

The hearing shall be conducted in public with all interested parties being heard and findings and decision of the awarding authority made. Ordinary rules of evidence and procedure shall not apply.

D.

If the awarding authority is the city council or they have heard the matter upon appeal or review, their decision shall be final subject only to judicial review within ninety days from the date thereof. All other decisions are subject to appeal or review by the city council within fifteen days of its making.

(Ord. 82-9 §2(part), 1982).

A.

Location. Any such amusement arcade shall be located in a manner consistent with applicable zoning requirements.

B.

Parking. Any such amusement arcade shall have sufficient parking as determined by the zoning or fire code requirements, whichever is greater.

C.

Lighting. Amusement arcades shall have sufficient lighting, inside and out, as determined by the chief of police.

D.

Managers. Such amusement arcades shall have a manager, twenty-one years old or older, on duty on the premises during all hours of operation.

E.

Hours of Operation. Hours of operation shall be set by council resolution.

F.

Maintain Premises. The permittee, his agents or employees shall maintain the amusement arcade premises in a neat and clean condition and not permit disorderly or intoxicated persons to enter or remain there during hours of operation.

G.

Fees. Permittee shall pay all fees when due.

H.

Alcohol. No alcoholic beverages shall be permitted on the arcade premises.

I.

Access. The permittee, manager, and all employees shall be responsible for maintaining a clean and clear walkway in front of every amusement arcade.

J.

Visibility. Adequate visibility of the entire arcade from the outside shall be provided; visibility shall in no way be obstructed.

(Ord. 82-9 §2 (part), 1982).

5.20.l00 - Label or tag required.

Each amusement machine shall have affixed in a conspicuous place a label or tag, as provided by the city, reflecting its current status as a permitted unit. It is unlawful to maintain or use an amusement machine not having a current label or tag.

(Ord. 82—9 §2(part), 1982).

No permit issued under this chapter may be transferred.

(Ord. 82-9 §2(part), 1982).

Any person convicted of violating any of the provisions of this chapter shall be guilty of an infraction,and shall be punishable as provided in Section 1.16.010 of this code.

(Ord. 02-02 §9, 2002: Ord. 82-9 §2(part), 1982).

Any permit or license heretofore issued under the prior provisions of this chapter shall remain in full force and effect without additional fees or application for the term issued. Upon expiration of any such permit or license all new or future permits and license shall conform with this chapter.

(Ord, 82-9 §2 (part), 1982).

Any judicial proceeding contesting the issuance, denial or revocation of any permit or license hereunder shall be brought within ninety days of the final decision by the city council pursuant to California Code of Civil Procedure Section 1094.6.

(Ord. 82-9 §2(part), 1982).