Rohnert Park Municipal Code Ch. 9.28 Mechanical and Electronic Play Devices

As used in this chapter, the following words and phrases shall have the following meanings:

A. "Mechanical play device" or "electronic play device" means any machine, device or apparatus whether mechanically or electronically operated, including pool and billiard tables, the operation of which is made possible by the deposit or placement of any coin, slug, disk, card, key or any other article or device, into any slot, crevice, or opening, or by the payment of any fee or consideration for its use or operation and which involves the manipulation of hand levers, electronic releases or other buttons or levers in the conduct of the game.

B. "Mechanical rocking horses" or other simulated animals or vehicles upon which young children are seated or which are ridden are not "mechanical play devices" or "electronic play devices" for the purposes of this chapter.

C. "Operator" means the owner or lessee of the mechanical or electronic play device(s) who install(s), maintain(s), or service(s) them.

D. "Owner" means the record titleholder of real property as disclosed by the latest assessment roll in the office of the county treasurer.

E. "Person" means any corporation, association, syndicate, partnership, joint venture, club, society or individual.

F. "Proprietor" means the owner, lessee or operator of the business, or operation in which any mechanical or electronic play device is placed for use. Proprietor shall also include the officers, employees and agents of the proprietor.

(Ord. 403 § 1 (part), 1982)

Except as provided in Section 9.28.150, no mechanical or electronic play devices shall be allowed in any residential district. Mechanical or electronic play devices may be added as a permitted or conditional use in any commercial districts.

(Ord. 565 § 1, 1992: Ord. 403 § 1 (part), 1982)

For those locations qualifying for the installation of a mechanical or electronic play device, no devices shall be allowed in any location without the issuance of a conditional use permit under the procedure, notice and hearing, as required in Chapter 17.52 governing the issuance of conditional use permits.

(Ord. 403 § 1 (part), 1982)

The following standards shall apply to any C-L, C-N, C-R, C-S, C-Rec and C-G Districts:

A. Except where a conditional use permit is required as provided in Section 9.28.050, five or less mechanical or electronic devices shall be subject to the review and approval of the planning director as specified in Section 17.16.030, subsection F and Section 17.16.040, subsection E; Section 17.16.050, subsection E; Section 17.16.060 subsection F and Section 17.16.070, subsection C.

B. That the applicant(s) obtain the appropriate business license for the mechanical or electronic play devices.

C. No business license shall be issued or allowed to remain outstanding in any building or location that does not comply with all applicable city codes.

D. No mechanical or electronic play device shall provide or accrue payoffs or prizes as a condition of playing. In addition, no mechanical play device or electronic play device which offers or awards free games as a condition of play, shall erase or otherwise eliminate free games awarded.

(Ord. 565 § 2, 1992: Ord. 403 § 1 (part), 1982)

For those locations that request permission to install six or more devices, in addition to the standards set forth in Section 9.28.04, the applicant shall satisfy the following conditions:

A. That the applicant shall apply for a conditional use permit as prescribed in Chapter 17.52 of the Rohnert Park Municipal Code.

B. The proposed location shall be reviewed to determine if there is adequate parking for the use.

C. The proposed location shall be reviewed to insure that the use is compatible with adjacent uses and that its location at the site proposed will not be detrimental to surrounding uses, nor will the surrounding uses be detrimental to the proposed location.

D. The spacing of the machines within the building shall be reviewed so that there is ample space for players, for spectators and for ingress and egress during play.

(Ord. 565 § 3, 1992: Ord. 403 § 1 (part), 1982)

No operator(s) shall install or allow any mechanical or electronic play device(s) to be installed in any proprietors' place of business or other place or location until the applicant for the operation of the mechanical or electronic play device(s) secures appropriate city licenses, a conditional use permit and any other license or permits required.

(Ord. 565 § 4, 1992: Ord. 403 § 1 (part), 1982)

* Editor's Note: Ordinance No. 565 deleted former Section 9.28.060 containing portions of Ordinance No. 403 and renumbered former Sections 9.28.070 through 9.28.140.

The license or permit required by this chapter shall be permanently and prominently posted at any location of mechanical or electronic play devices and shall not be covered or removed from the location during the period for which the license is issued or the devices are operated.

(Ord. 565 § 4, 1992: Ord. 403 § 1 (part), 1982)

No license or permit required by this chapter shall be transferable, nor shall it apply to any premises other than one to which it is issued.

(Ord. 565 § 5, 1992: Ord. 403 § 1 (part), 1982)

Conditional use permits may be revoked or suspended as provided in Chapter 17.52. Licenses or permits may be revoked or suspended for cause.

(Ord. 565 § 6, 1992: Ord. 403 § 1 (part), 1982)

Nothing contained in this chapter shall exempt any operator, owner, proprietor or person from complying with the Penal Code of the state or any other law, ordinance, regulation or lawful requirement of the United States Government, the state, the county, or the city.

(Ord. 565 § 7, 1992: Ord. 403 § 1 (part), 1982)

If any part of this chapter should be declared unconstitutional or otherwise invalid, such decision shall not affect the validity of any other portion of this chapter.

(Ord. 565 § 8, 1992: Ord. 403 § 1 (part) 1982)

In addition to any and all violations of this code, a violation of any of the provisions of this chapter, or any condition of a use permit or license issued pursuant to this chapter, or any condition caused or permitted to exist in violation of any of the provisions of this chapter is deemed and declared to be a public nuisance and may be abated as such by the city.

(Ord. 565 § 9, 1992: Ord. 403 § 1 (part) 1982)

The requirements of this chapter shall not apply to mechanical play devices or electronic play devices which are used in a residence for the amusement of the occupants and/or their guests and which are not used for commercial purposes or for the purpose of receiving revenue or income therefrom.

(Ord. 565 § 10, 1992: Ord. 403 § 1 (part), 1982)