Sacramento Municipal Code Ch. 5.12 Amusement Arcades

For the purposes of this chapter, the term "amusement arcade" shall be deemed to mean and include any public place of amusement or public place of business in which more than three amusement machines are installed. An amusement machine is any mechanical amusement device by which games are played or tests of strength and skill offered through the playing of such machines, but shall not include any coin-operated phonographic record player. (Prior code § 5.07.070)

It is unlawful for any person to engage in, or carry on or maintain or conduct or cause to be engaged in, carried on, maintained, or conducted any amusement arcade without first obtaining a license from the city, which shall be issued by the chief of police. (Prior code § 5.07.071)

The application for license referred to in Section 5.12.040 of this chapter shall be accompanied by a nonrefundable fee established by resolution of the city council. This fee shall be in addition to any fee or tax imposed by Chapter 3.08 of this code. (Prior code § 5.07.071-1)

An applicant for an amusement arcade license shall submit his or her application to the chief of police. The application shall include, among other things, the following:

A. The true name of the applicant, together with the names of all persons directly or indirectly interested in the conducting of such business, including all members of any firm or partnership. A corporate applicant shall list officers, directors and principal owners, including all owners of ten (10) percent or more of the corporate stock.

B. Whether the applicant has at any time been convicted of a felony or offense involving moral turpitude or has been convicted of any narcotics violation or violation of any gambling laws or ordinances.

C. Whether or not any permit or license heretofore granted to applicant to engage in any business or to do any act within the city has been revoked or denied and, if so, the circumstances surrounding the revocation or denial.

D. The location and a description of the premises upon which the applicant proposes to conduct an amusement arcade and a statement of the property interest of the applicant in the premises as owner, lessee or otherwise.

E. The number of amusement machines which will be operated on the premises.

F. Such further information bearing on the identity and character of the applicant or the use, location or condition of the premises as the chief of police may require.

G. A map showing all property within a radius of five hundred (500) feet, together with a list of names and addresses of those persons entitled to receive notices specified in Sections 5.12.050 and 5.12.070 of this chapter. Such map and list shall be submitted to the real estate supervisor who shall determine whether the list contains the names and addresses of all persons who are entitled to such notice. In the event such list is inaccurate, the application may be held in abeyance until a list is submitted which is determined to be correct. (Prior code § 5.07.072)

A. Not later than five days after the receipt of the completed application required by Section 5.12.040 of this chapter, a notice of intent of the applicant to operate an amusement arcade shall be posted in a conspicuous place on the premises for which the application was submitted. Such notice of intent shall contain:

1. A heading entitled "NOTICE OF INTENT TO OPERATE AMUSEMENT ARCADE" in letters not less than one inch in height;

2. The name of the applicant;

3. A description of an amusement arcade, which description may consist of the definition thereof contained in Section 5.12.010 of this chapter;

4. A statement as to when the chief of police is required to act on the application and that any comments or questions concerning the application should be directed to the chief as far in advance of said date as possible; and

5. A statement that any decision of the chief of police concerning the application may be appealed pursuant to Section 5.12.080 of this chapter to the city council within twenty (20) days of the posting of the notice of decision pursuant to Section 5.12.070 of this chapter.

B. Not later than five days after receipt of the completed application required by Section 5.12.040 of this chapter, notice of intent of applicant to operate an amusement arcade prescribed in subsection A of this section shall be mailed to all owners of property as shown on the latest equalized assessment roll within a radius of five hundred (500) feet of the property which is the subject of the application.

C. Failure of any person to receive notice as required by subsection B of this section shall not affect the validity of any decision of the chief of police. (Prior code § 5.07.072-1)

Applications for an amusement arcade license shall be investigated by the chief of police. The investigation shall take into consideration of the character of the applicant and any law enforcement problems which the issuance of the license might tend to create. In addition to his investigation the chief of police shall also refer every application to the planning director for a written report concerning the compatibility of the proposed use of the premises with existing zoning and neighborhood land uses. The chief of police may also consider such other sources of information as are available to him or her.

The chief of police may deny an application for an amusement arcade license if, in his or her opinion, the amusement arcade is to be located in an area of the city or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the license would be contrary to the public interest. In granting a license under this chapter, the chief of police may impose such reasonable terms and conditions upon the operation of the amusement arcade as he or she deems necessary and desirable under the circumstances to protect the health, safety and well-being of the public. Prior to the issuance of any license under this chapter, the applicant shall pay to the city collector any business license fee required by Chapter 3.08 of this code.

Decisions of the chief of police relating to the granting or denial of an application for an arcade license shall be rendered in writing not later than thirty (30) days after the date of application. Copies of decisions shall be mailed to the applicants not later than five days after the date of decision. (Prior code § 5.07.073)

A. Not later than five days after the date of the decision of the chief of police, notice of said decision shall be posted in a conspicuous place on the premises for which the application was submitted and shall state whether the decision of the chief of police was to grant the license with or without conditions, or deny the license. Said notice shall show thereon the date of posting and shall contain a notification of appeal rights, which notification may consist of a copy of Section 5.12.080 of this code. Such notice shall be entitled "NOTICE OF DECISION ON AMUSEMENT ARCADE-APPEAL RIGHTS" in letters not less than one inch in height.

B. Not later than five days after the date of the decision of the chief of police, notice of said decision and the notification of appeal rights prescribed in subsection A of this section shall be mailed to all owners of property as shown on the latest equalized assessment roll within a radius of five hundred (500) feet of the property which is the subject of the application.

C. Failure of any person to receive notice as required by subsection B of this section shall not affect the validity of any decision made by the chief of police. (Prior code § 5.07.073-1)

Any aggrieved person wishing to appeal the decision of the chief of police in granting or denying an application for an arcade license may do so by filing a written notice of appeal with the city clerk not later than twenty (20) days after the date of the posting of the notice of decision of the chief of police on the premises for which the application was submitted.

Such appeal shall be set for hearing by the council at a date not later than thirty (30) days after the filing of the notice of appeal. The city clerk shall thereupon notify the appellant that the council has set its hearing upon the appeal and inform the appellant that he or she will be heard in the matter.

The council may continue its hearing on such appeal from time to time. It may hear evidence from competent persons as may be desired. It may return the matter to the chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the chief of police in regards to the granting or denial of an application, or conditions attached to a license. (Prior code § 5.07.074)

The chief of police shall have the right for cause to revoke or suspend any amusement arcade license issued here-under. Any of the grounds upon which he may or shall be required to refuse to issue an initial amusement arcade license shall also constitute grounds for such revocation or suspension. In addition, the failure of the holder of the amusement arcade license to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such license. Decisions relating to the suspension or revocation of a license may be appealed to the city council in the same manner as that provided in Section 5.12.080 of this chapter.

If, for a period of thirty (30) days or more, any person licensed hereunder fails to maintain an amusement arcade in accordance with the provisions in this chapter, his or her license to do so automatically terminates. (Prior code § 5.07.075)

An amusement arcade license may be transferred to a new owner or to a new location with the consent of the chief of police. An application to transfer an amusement arcade license shall be made to the chief of police and acted upon and considered in the same manner as an application for an original license, provided however, if the transfer does not involve a change of location of the arcade the written report of the planning director need not be requested by the chief of police. (Prior code § 5.07.076)

No person shall operate an amusement arcade in violation of any of the following regulations:

A. No person shall operate an amusement arcade between the hours of two a.m. and six a.m. of any day.

B. Amusement devices shall be separated from other activities on the premises when required by the chief of police. (Prior code § 5.07.077)

A. No owner, operator or person in charge of an amusement arcade shall allow any person under eighteen (18) years of age to enter or remain on the premises of such amusement arcade unless:

1. An amusement arcade license pursuant to the provisions of this chapter has been applied for and issued after October 20, 1977; and

2. The amusement devices in the amusement arcade consist exclusively of amusement games of skill which are operated either electronically or mechanically.

B. In no event shall an owner, operator or person in charge of an amusement arcade permit any person under eighteen (18) years of age to enter or remain on the premises between the hours of ten p.m. and two a.m. of the following day unless such person is accompanied by his or her parent or guardian. (Prior code § 5.07.077-1)

The provisions of Section 5.12.060 of this chapter relating to the investigation of an applicant for an amusement arcade shall not apply to any amusement arcade in actual operation upon the effective date of this chapter but in all other respects the provisions of this chapter shall apply to such existing places of business, including, but not limited to, the requirement that an application be filed for a license to operate such amusement arcade.

An application for a license to continue the operation of an amusement arcade in operation shall be filed with the city manager no later than ninety (90) days after the effective date of this chapter, and a license shall be issued by the city manager without investigation and hearing by the chief of police. (Prior code § 5.07.078)