Simi Valley Municipal Code Ch. 27 Amusement Devices

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Amusement device" shall mean any electrically, electronically, or mechanically operated instrument, machine, device, or equipment which is activated, operated, or used by means of inserting a coin, token, slug, or other device into a slot or receptacle provided for that purpose and operated by the public for use as a game, entertainment, or amusement. "Amusement device" shall include, but not be limited to, a device such as a pinball machine, an air hockey game, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of such games or activities.

"Amusement device" shall not include a coin, token, or slug operated machine or device which provides:

(1) A ride, physical sensation, or service, such as reading of weight, blood pressure, or pulse;

(2) A photograph;

(3) Lamination; or

(4) An item of merchandise at random, either among other items of merchandise or by itself.

"Amusement device" shall not include any juke box, computerized banking service, vending machine, commercial clothes washer or dryer, or vehicle washer. Nor shall "amusement device" include any outdoor carnival or such other activity contemplated and regulated by Chapter 4 of this title or coin-operated pool table as regulated and controlled by Chapter 5 of this title.

(b) "Commercial amusement activity" shall mean and include any business, store, or commercially or industrially used premises in which one or more amusement devices are placed, installed, operated, or used and from which income is derived, whether or not such placement, installation, operation, or use is primary or accessory to the business, store, or commercially or industrially used premises.

"Commercial amusement activity" shall not include any:

(1) Private residence or charitable, religious, or nonprofit organization where no remuneration, economic advantage, gain, or profit results from the use of an amusement device and where the amusement device is not held open for use by the general public; or

(2) Premises or operations licensed by the Department of Alcoholic Beverage Control of the State for the on-sale consumption of alcoholic beverages, excepting therefrom any such premises or operation which lawfully permits minors, such as a bona fide public eating place.

(c) "Permittee" shall mean and include any person, either as owner, lessee, licensee, manager, employee, agent, or servant, conducting, managing, carrying on, maintaining, or operating a commercial amusement activity with either an amusement device permit or special use permit issued pursuant to the provisions of this chapter.

(§ 1, Ord. 507, eff. October 19, 1983)

(a) It shall be unlawful for any person, either as owner, lessee, licensee, manager, employee, agent, or servant, to conduct, manage, carry on, maintain, or operate a commercial amusement activity without an amusement device permit or the appropriate special use permit as required by this chapter first having been issued therefor by the Director of Community Development.

(b) The use of any business, store, or commercially or industrially used premises as a commercial amusement activity containing less than six (6) amusement devices shall be subject to an amusement device permit.

(c) The use of any business, store, or commercially or industrially used premises as a commercial amusement activity containing six (6) or more amusement devices in any zone where such use is otherwise appropriate shall be subject to the issuance, conditions, restrictions, and prohibitions of a special use permit in the manner and form provided for in Article 43 of Chapter 1 of Division 8 of the Zoning Ordinance of the City as those provisions may be amended or renumbered from time to time. Such use shall conform to every term and condition of the special use permit if such permit may be issued and shall be in lieu of an amusement device permit. A special use permit for such use may be granted by the Planning Commission if the applicant therefor produces sufficient evidence that the use will not be injurious or detrimental to the public health, safety, or welfare or to the property in the vicinity in which the use will be situated; and that such effects can be prevented with the imposition of appropriate conditions.

In no case shall a commercial amusement activity be permitted or shall a commercial amusement activity operate or remain in any residentially zoned area or premises unless such activity is an accessory use of another use allowed in such zone by special use permit. Before a commercial amusement activity may operate or remain in such area, the special use permit for the primary use shall be modified in accordance with the regulations governing such permits to include a commercial amusement activity use and the conditions, restrictions, and prohibitions set forth in Section 5-27.05 of this chapter.

(§ 1, Ord. 507, eff. October 19, 1983)

Applications for an amusement device permit shall be filed with the Department of Community Development and shall contain the following information:

(a) The name and address of the business;

(b) The name and address of the owners, partners, or corporate officers and all other persons to be interested in the business;

(c) The number of amusement devices to be placed at the business;

(d) The name and address of the distributor or supplier of the amusement devices;

(e) A statement setting forth any conviction (including pleas of guilty and nolo contendere) of the owners, partners, or corporate officers of the business for crimes other than minor traffic violations within the past ten (10) years. Convictions may be cause for the denial or revocation of an application or permit; and

(f) Such other information as is necessary to determine if the permit issuance shall be denied or conditional in accordance with the criteria set forth in Section 5-27.05 of this chapter.

(§ 1, Ord. 507, eff. October 19, 1983)

(a) The amount or rate of the fee for an amusement device permit shall be established and amended from time to time as necessary by resolution of the Council. The schedule for such fees shall remain on file and be available in the office of the Director of Community Development. The Director of Community Development shall review the fees annually and, with the approval of the City Manager, shall recommend changes to the Council when appropriate. The permit shall be renewed both annually and when any change of ownership, location of the business, or increase in the number of amusement devices occurs and shall be subject to the permit fee schedule established by resolution of the Council.

(b) No fee or a portion thereof paid pursuant to subsection (a) of this section shall be refundable.

(c) The fee for a special use permit shall be governed by Article 43 of Chapter 1 of Division 8 of the Zoning Ordinance of the City as amended or renumbered from time to time.

(§ 1, Ord. 507, eff. October 19, 1983)

(a) An amusement device permit shall be issued to an applicant therefor unless one or more of the following criteria exists:

(1) The commercial amusement activity is not compatible with other existing or potential uses of property within the immediate zone and the general area in which the commercial amusement activity is to be located or otherwise comports with the provisions of Chapter 1 of Division 8 of the Zoning Ordinance of the City as amended or renumbered from time to time; or

(2) By reason of the place where such commercial amusement activity is to be located, it would be detrimental to the public interest, health, safety, or the general welfare.

(b) All amusement device permits issued by the Director of Community Development shall be subject to all of the conditions set forth in this subsection. For the purposes of this subsection, the term "permit or allow" shall include any active or passive tolerance with or without actual knowledge of the occurrence of the prohibited or regulated conduct.

(1) No permittee shall permit or allow commercial amusement activity to be open to the public between the hours of 2:00 a.m. and 6:00 a.m. on any day, unless such activity is an accessory use to a business, store, or commercially or industrially used premises. For the purposes of this chapter, the term "accessory use" is defined as a use incidental to a building, part of a building, or structure which is subordinate or incidental to the main building, structure, or use on the same lot.

(2) No permittee shall permit or allow the congregation of persons or accumulation of litter or rubbish outside the immediate premises of the amusement center.

(3) No permittee shall permit or allow any gambling in such activity or any intoxicated or disorderly person to enter or remain in such activity.

(4) No permittee shall permit or allow any person under the age of sixteen (16) years to operate an amusement device in a commercial amusement activity before 3:00 p.m. on any school day unless accompanied by his parent, guardian, or an authorized agent of the school district or private school licensed by the State to provide elementary or secondary educational programs to such persons.

(5) No permittee shall permit or allow any person to consume any alcoholic beverage in a commercial amusement activity or any room therein, except where such activity is an accessory use to the primary use of the business, store, or premises in which the commercial amusement activity is located and such primary use has appropriate current permits and licenses from the Department of Alcoholic Beverage Control of the State.

(6) No permittee shall permit or allow the commercial amusement activity for which a permit has been issued to constitute a public or private nuisance or permit or allow such amusement activity to become or continue to be a source of disturbance to any other person in. the quiet enjoyment of his business or home.

(7) No permittee shall permit or allow any commercial amusement activity to be left unattended during its hours of operation; nor permit or allow any person below the age of eighteen (18) years to manage, operate, or be in sole charge of any commercial amusement activity.

(c) An amusement device may be subject to any or all of the following conditions: the permittee may be required to furnish such exterior lighting, noise attenuation devices, automobile parking spaces, and bicycle spaces and racks for the amusement activity as may be required by the Director of Community Development, Planning Commission, or the Council. Special use conditions for uses requiring such permit other than required by this chapter shall be made a part of any conditions attached to the issuance of such permit.

(d) Special use permits issued as a result of the application of this chapter shall include the conditions, restrictions, and prohibitions set forth in subsections (a), (b), and (c) of this section.

(§ 1, Ord. 507, eff. October 19, 1983)

(a) Amusement device permits. Any commercial amusement activity containing less than six (6) amusement devices operating within the City prior to October 19, 1983, shall comply with the provisions of this chapter on or before January 19, 1984. If the Director of Community Development determines that any delay in complying with the provisions of this subsection is a result of processing delays by the City, the Director of Community Development may allow such extensions in the application of this section as he deems appropriate.

(b) Special use permits. Commercial amusement activities with six (6) or more amusement devices in existence prior to October 19, 1983, shall be deemed a nonconforming use subject to the provisions of Article 42 of Chapter 1 of Division 8 of the Zoning Ordinance of the City as those provisions may be amended or renumbered from time to time. However, notwithstanding the provisions of said Article 42 pertaining to the discontinuance of a nonconforming use, such amusement activity shall be discontinued not later than January 19, 1984, unless an application for a special use permit is filed with the Director of Community Development and, thereafter, issued pursuant to Article 43 of Chapter 1 of Division 8 of the Zoning Ordinance of the City.

(§ 1, Ord. 507, eff. October 19, 1983)

Any operation, conduct, or maintenance of a commercial amusement activity contrary to the provisions of this chapter or the conditions of the permit shall be grounds for the revocation or suspension of the permit issued pursuant to Section 5-27.05 of this chapter.

(§ 1, Ord. 507, eff. October 19, 1983)

No amusement device permit issued pursuant to the provisions of this chapter shall be revoked or suspended until after a hearing before the Director of Community Development to determine good cause for such revocation or suspension, as follows:

(a) Notices. In the event any commercial amusement activity is being operated, conducted, or maintained contrary to any provision of this chapter, the Director of Community Development shall serve a written notice on the permittee in the manner set forth in Section 5-27.09 of this chapter. The notice shall state the ground of the complaint against the holder of such permit and shall state the time and place where a public hearing will be held.

(b) Public hearings. The hearing by the Director of Community Development shall be scheduled within twenty-one (21) calendar days after the notice referred to in subsection (a) of this section is served on the permittee. If the Director of Community Development, after hearing and receiving all evidence and testimony relevant and material to the charges offered at the hearing, finds that the commercial amusement activity has been operated, conducted, or maintained contrary to any provision of this chapter, the Director of Community Development may revoke such permit or suspend it for such time as he deems appropriate. Additionally, the Director of Community Development may place such conditions on the continued operation pursuant to such permit as necessary to mitigate the cause for the hearing.

(§ 1, Ord. 507, eff. October 19, 1983)

The notice required by the provisions of Section 5-27.08 of this chapter shall be served upon the amusement device permit holder by personally delivering such notice to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found, and the service of such notice cannot be made by personal delivery, a copy of such notice shall be mailed, by certified mail, addressed to the permit holder at his place of business and residence. Service of the notice by mail shall be deemed complete upon deposit in the mail.

(§ 1, Ord. 507, eff. October 19, 1983)

Any interested person adversely affected by any decision of the Director of Community Development may file a written appeal with the Planning Commission.

Any such appeal and the payment of the required appeal fee shall be filed with the Planning Commission within ten (10) days after the action of the Director of Community Development.

Upon the filing of an appeal, the Planning Commission Clerk shall set the matter for a hearing. Such hearing shall be held within thirty (30) days after the date of filing the appeal or within such longer period of time as may be consented to by both parties. Such hearing may be a public hearing for which notice shall be given in the time and manner provided.

(§ 1, Ord. 507, eff. October 19, 1983)

Every person, association, firm, or corporation to whom or for which an amusement device permit has been issued pursuant to the provisions of this chapter shall display such permit in a conspicuous place so that the permit may be readily seen by persons entering the premises.

(§ 1, Ord. 507, eff. October 19, 1983)