Sebastopol Municipal Code Ch. 5.58 Coin-Operated Play Devices

As used in this chapter the following words shall have definitions set forth hereinafter:

“Mechanical or electronic games” shall mean any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including but not limited to tape machine, card machine, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, football game machine, baseball game machine, basketball game machine, electronic video game, or any other similar machine or device.

“Operator” shall mean any owner or lessee of such mechanical or electronic games who installs or maintains the same in any place of business which is not his own or under his direct control where the same can be played or operated by persons in the same place.

“Person” shall mean any corporation, association, syndicate, joint stock company, partnership, club, society or individual.

“Premises” shall mean the location or place of business wherein such mechanical or electronic games are located pursuant to permit.

“Proprietor” shall mean the person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or of persons in or about said place.

“School” shall mean any educational institution, public, secular, or parochial, which offers instruction of high school grade or below.

“Street” shall mean any street, alley, way, boulevard or road, either public or private, that is used or to be used for ingress or egress. (Formerly 3.20.010)

It shall be unlawful for any operator or proprietor of a mechanical or electronic game to cause, permit or allow same to be located, operated or maintained to be operated within 1,000 feet of the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades not within 300 feet from any residential zone; said distance to be measured from said entrance or exit in the most direct line or route on, along or across said street or streets adjacent to said public playground or said public or private school of elementary or high school grade or residential zone. The restrictions established hereunder shall not apply to business lawfully in existence and operating upon the effective date of the ordinance codified in this chapter. (Formerly 3.20.020)

No person, proprietor, operator, employee thereof, or person in charge shall allow any minor under 18 years of age to play or use any such game on school days between the hours of 7:00 a.m. and 3:00 p.m., nor between the hours of 10:00 p.m. and 7:00 a.m., except that on Fridays and public school days before holidays or any other days that all schools will not be in session, time shall be from midnight to 7:00 a.m. (Formerly 3.20.030)

On all premises with three or less machines, all mechanical and electronic games must be visible from the entrance and the entrance must be unlocked during all times that the premises are open for business. There shall be no more than three mechanical or electronic games on any single premises except as authorized by use permit pursuant to ordinances of the City of Sebastopol. (Formerly 3.20.040)

A permit in addition to the license provided in Chapter 5.04 SMC shall be required for all mechanical or electronic games on premises with three mechanical or electronic games or less.

A. Application for said permit shall be made to the Chief of Police of Sebastopol upon a form furnished by the City of Sebastopol, and shall contain the following information and statement, the truth of which shall be sworn to by the applicant:

1. Name of applicant;

2. Residence of applicant;

3. Date and place of birth;

4. Business name (where machines are to be located);

5. Business address (where machines are to be located).

B. All applications shall be acted upon by the Chief of Police in the order in which they are filed, and shall be granted or denied by him within a period of 15 days from the date of filing. Application may be denied for cause. In the event of denial the applicant shall within 10 days from the date of such denial have the right of appeal to and hearing before the City Council.

Upon such applicant’s written request to the Chief of Police, he shall forthwith make a report of the reasons why the application for permit was denied. The Council may, upon such appeal, grant or deny the application, and its action shall be final and conclusive.

C. The permit may be renewed annually upon written request upon a form furnished by the City of Sebastopol. The only additional information required shall be changes from those set forth in subsection A of this section. (Formerly 3.20.050)

Nothing contained in this chapter shall be construed to permit licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the State of California or the ordinances of the City of Sebastopol, nor to permit the operation of any mechanical or electronic game authorized hereunder in such a manner as to be contrary to any of said laws or ordinances. (Formerly 3.20.060)

The permit shall be permanently and conspicuously posted at the location of the games in the premises wherein said games are to be operated or maintained to be operated, and shall not be removed from said location during the period for which said permit was issued. (Formerly 3.20.070)

No permit required by this chapter shall be transferable, nor apply to any premises other than originally specified as the location of the thing permitted, except upon written permission of the Chief of Police granted upon written application by the transferee made in the same manner as may be required in the instance of the original application for such permit. (Formerly 3.20.080)

No premises shall be permitted to install more than three mechanical or electronic play devices without the issuance of a conditional use permit under the procedures, notice and hearing as required by SMC Title 17, and the regulations governing the issuance of conditional use permits. (Formerly 3.20.090)

The following conditions, in addition to those requirements set forth in SMC Title 17 relating to conditional use permits and the particular zonings, shall control all premises with more than three mechanical or electronic games.

A. Each use permit shall contain the following conditions:

1. The authorized hours of operation for minors shall be permanently displayed and maintained at each entrance and conspicuous places within the business.

2. No use permit shall be issued or allowed to remain in existence in any building, location or premises that does not comply with all applicable City ordinances and regulations.

3. No mechanical play device or electronic play device shall provide or accrue payoffs or prizes as a condition of playing.

4. 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.

5. The proposed location shall be reviewed by the Planning Commission to determine if there is adequate parking for vehicles and bicycles.

6. The proposed location shall be reviewed to ensure that its 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 locations.

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

8. The premises shall have adequate full-time adult supervision during all hours that the premises are open to minors.

9. The occupant load shall be approved by the Fire Chief of the City of Sebastopol.

10. No smoking shall be allowed on the premises.

11. No foul language shall be allowed on the premises.

12. The management shall post a regulation reserving the right to refuse entry to anyone who violates the rules.

13. All rules shall be in writing and posted in a conspicuous place.

14. The proposed location shall be reviewed to determine that the exterior and interior lighting is adequate.

15. Any and all exterior modifications, including signs, shall be submitted to and approved by the Design Review Board as required by City ordinances.

16. The licenses or the use permit required by this chapter shall be permanently and prominently posted and shall not be covered or removed from the location during the time for which said permit is issued or the devices are operated.

B. Subsections (A)(1), (8), (10), and (11) of this section shall not be applicable to businesses or premises where minors under the age of 18 are prohibited by law. (Ord. 1143 § 2(A), 2022. Formerly 3.20.100)

The permit issued hereunder shall be subject to revocation in the event that the premises are declared to be a public nuisance, more than one violation of this chapter in any one year or for other good cause. Upon notice of such revocation the permittee may appeal the decision pursuant to SMC 5.58.050(B). (Formerly 3.20.110)

Ordinance No. 611 and all other ordinances in conflict herewith are repealed upon the effective date of the ordinance codified in this chapter. (Formerly 3.20.140)