Soledad Municipal Code Ch. 5.16 Game Machines and Game Arcades

As used in this chapter, unless the context otherwise indicates, the following words and phrases shall have the following meanings:

A. "Arcade" means any business establishment in which there are more than three game machines as defined in this section which are available for use by the public or by business invitees, or both.

B. "Arcade mixed use" means any business establishment, such as a restaurant, pizza parlor, bowling alley or gaming facility, that includes an arcade as a secondary use. For purposes of this chapter, "secondary use" shall be defined as arcade use which comprises not more than forty percent of the floor space of said establishment.

C. "Game machine" means any device, game or contrivance, including but not limited to pinball machines, video games, computer games, electronic games, slot machines, and similar machines and devices for which a charge or payment is received for the privilege of playing, using or operating the same and which, as the result of such use, operation or playing, does not entitle the person using, operating or playing the same to receive equivalent value in the form of tangible merchandise; excepting, however, pool tables and shuffleboard games.

D. "Person" means any individual, partnership, joint venture, corporation, association, club or organization.

E. "Planning director" means the planning director of the city.

F. "Proprietor" means the person in whose place of business any game machine is placed for operation and use by the public or by business invitees.

G. "School" means any educational institution, whether public or private, secular or parochial, which offers instruction of high school grade or below.

(Ord. 610 § 1, 2004: prior code § 13.1)

A. Arcades and arcade mixed uses shall be permitted only in locations within a commercial ("C") zoning district, subject to the issuance of a conditional use permit as specified in subsection B of this section.

B. It is unlawful to establish or operate an arcade or arcade mixed use within the city without first obtaining a conditional use permit pursuant to the provisions of the zoning ordinance.

C. No use permit shall be granted for an arcade or arcade mixed use which is located closer than one hundred fifty feet from any stand-alone bar, tavern or cocktail lounge holding an on-sale alcoholic beverage license and which is engaged principally in the business of selling or dispensing alcoholic beverages on the premises. This subsection shall not be construed to prohibit the location of an arcade within an arcade mixed use where alcohol is sold or dispensed, as long as said arcade mixed use complies with the requirement and conditions established by this chapter.

D. All such conditional use permits shall be valid for the period of two years. Any such permit may be renewed annually by the planning commission after the commission has reviewed the operation of the arcade or arcade mixed use and has made the following findings:

1. That all of the conditions of approval of the use permit have been met during the period for which it was issued;

2. That in the operation of the arcade or arcade mixed use during the period the permittee has not violated any provision of this chapter, or any provision of this code;

3. That the operation of the arcade or arcade mixed use during the period has caused no significant adverse effect on the surrounding neighborhood or on the community as a whole.

E. Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person to install, operate or maintain any mechanical or electronic amusement device in any place wherein the principal business being conducted is the sale of alcoholic beverages for off-site consumption.

(Ord. 610 § 2, 2004: prior code § 13.2)

A. No person shall install, operate or maintain any game machine on premises owned or under the control of that person without first having obtained a location license in the manner required by this section. The license shall be in addition to the business license issued to the premises, and in addition to any license or permit required under other provisions of this code.

B. Application for a license shall be made to the city council in writing on a form provided by the planning director. It shall be filed with the planning director, together with a filing fee established by resolution of the city council, and shall contain the following information:

1. The name and address of the establishment;

2. The name and address of each proprietor, owner, partner or corporate officer of the establishment; also the name and address of the person who will have direct control and management of the establishment;

3. The number of game machines to be placed at the establishment;

4. The name and address of the distributor or supplier of the game machines;

5. The arcades, a sketch showing the dimensions and floor plan of the establishment and the location of each machine proposed to be installed, and a plot plan showing parking areas, storage facilities, exterior lighting and other pertinent details;

6. For arcades, a statement setting forth the manner and method of providing adult supervision at the establishment;

7. For arcades, a statement setting forth the number of off-street parking spaces provided for automobiles and other motor vehicles, and the number and type of parking or storage facilities provided for bicycles, skateboards and other modes of transportation;

8. If a proprietor, owner, partner, corporate officer or manager of the establishment has been convicted of a felony or misdemeanor (minor traffic violations excepted) within the past ten years, then a statement by such person giving the time, place and pertinent details of such offense;

9. A statement that the game machine or machines for which a license is being sought is not intended to be, and will not be permitted to be, used for any gambling purpose whatsoever;

10. Such other information as may be required by the planning director or other city officials for the purpose of determining the applicant's qualifications for a license, or determining whether or not a license should be issued to the premises.

C. Upon the filing of the application, the planning director shall refer the same to the chief of police for investigation, and the chief of police shall be allowed ten days to investigate and report upon the application. Upon receipt of the report, the application shall be referred to the planning commission, which shall set the matter for hearing at its next regular meeting. At the conclusion of such hearing the planning commission shall make its recommendation to the city council as to the action to be taken on the application. Upon receipt of such recommendation, the city council shall set the matter for hearing and give written notice thereof by mail to the applicant, to each person who has filed with the planning director a request for such notice, and to each owner or occupant of property within three hundred feet of the premises described in the application. Following the hearing, the council shall render its decision on the application.

D. An application for a license may be denied, or any license issued under this chapter may be suspended or revoked by the city council where it is found that the applicant has violated any of the provisions of this chapter, or where the operation of game machines has become a nuisance or detrimental to the health, safety and general welfare of the adjacent neighborhood. Any applicant who has had a license revoked may not reapply for the license for a period of six months following denial or revocation.

(Prior code § 13.3)

Notwithstanding the provisions of this chapter, any person lawfully operating a game machine or machines, or an arcade, as of the effective date of the ordinance codified in this chapter shall be permitted to continue such operation for a period of two years from such date without obtaining a conditional use permit pursuant to Section 5.16.020, or a location license pursuant to Section 5.16.030; provided, however, that no game machine or arcade, whether lawfully in operation on the effective date of the ordinance codified in this chapter or not, shall be exempted from any of the provisions of Section 5.16.050.

(Prior code § 13.4)

No game machine or arcade shall be operated within the city unless all of the following conditions and requirements applicable to the same are complied with:

A. Machine Location. Where machines are located along one side of an aisle, the aisle shall be a minimum of sixty-six inches in width and shall be unobstructed. When machines are located on both sides of any aisle, the aisle shall be not less than ninety inches in width and shall be unobstructed. The maximum number of machines in any site shall not exceed one machine for every forty square feet of gross floor area allotted to game machine operations.

B. Visibility and Lighting. All windows and glass doors of an arcade which provide a view of the interior of the premises shall remain unobstructed at all times. All exterior parking areas, entrances and interior areas shall be adequately lighted, as determined by the chief of police.

C. Parking Requirements. Each arcade must have one parking space for motor vehicles for each three game machines, and one parking space for bicycles for each machine. Adequate storage facilities for skateboards and other modes of transportation must be provided.

D. Toilet Facilities. Each arcade shall provide adequate toilet and lavatory facilities accessible to customers, employees and business invitees.

E. Supervision. Each arcade shall provide sufficient security measures to effectively regulate parking congestion, disturbing noise and light, loud conversations and criminal activities. During hours of operation, arcades shall have on duty at all times at least one adult attendant who shall be responsible for and shall supervise all activities on the premises to insure that the provisions of this chapter and other applicable laws are complied with and that there is no conduct on the part of customers, employees or other persons on the premises that is detrimental to the public health, safety and general welfare. As a condition of issuing or continuing in effect any license issued under this chapter, the city council may require additional attendants if it finds that adequate supervision cannot be maintained by one person.

F. Hours of Operation. No arcade shall be open for business except between the hours of nine a.m. and ten p.m. on Sundays through Thursdays, and between the hours of nine a.m. and twelve midnight on Fridays and Saturdays. During the school year, persons under the age of eighteen shall not be allowed to operate game machines at any location Monday through Friday, except legal school holidays, between the hours of nine a.m. and three p.m., unless accompanied by such person's parent or guardian.

G. Noise Control. In an arcade, all necessary steps shall be taken to reduce noise caused by the operation of game machines and by persons in and around the premises. Complaints of excessive noise shall be investigated by the planning director, and the results of such investigation shall be reported in writing to the city council. If the council finds in a particular case that the complaint is valid, it shall order the licensee to take immediate action to correct the condition; the failure of a licensee to do so within a reasonable time after notice of the order constitutes a violation of this section.

H. Arcade—Alcohol and Drugs Prohibited. No person shall enter, or be allowed to remain, in any part of an arcade while in the possession of, consuming, using or under the influence of any alcoholic beverage or drug. The licensee and every supervisory employee shall be responsible for the enforcement of this subsection, and shall not permit any person to remain on the premises who is in violation of this subsection.

I. Fire Safety. Within an arcade, all fire regulations shall be observed, and reasonable ingress and egress to and from the premises shall be maintained.

J. Signs. The licensee of an arcade shall post at each entrance to the premises, plainly visible to persons entering therein, a sign advising such persons of the provisions of subsections F and H of this section. The text of the signs shall be in letters at least one inch high and shall be in both English and Spanish.

K. Compliance With Other Laws. In all operations governed by the provisions of this chapter, a licensee shall comply with all other laws, rules and regulations of governmental authorities having jurisdiction thereof, including those of the city.

(Ord. 610 § 3, 2004; prior code § 13.5)

A. Any "arcade" located within another business establishment shall be physically separated from all other uses within said establishment, by walls, dividers or other suitable means, as determined by the planning commission. Game machines may not be dispersed throughout an arcade mixed use.

B. No arcade mixed use may be operated within the city unless in compliance with subsections A, B, E, H, I and K of Section 5.16.050 of this chapter.

C. In considering a conditional use permit for an arcade mixed use, the planning commission shall ensure that the permit includes conditions requiring the adequate provision of parking (vehicle and bicycle), restrooms and signage to accommodate arcade users.

(Ord. 610 § 4, 2004)

The city council may suspend or revoke any conditional use permit or license issued pursuant to this chapter upon proof to its satisfaction that:

A. The holder thereof has violated any provision of this chapter or of any other law or ordinance of the city or state pertaining to activities regulated by this chapter;

B. The continuance of the business by the holder thereof at the permitted location constitutes a nuisance or is contrary to the public health, safety or general welfare; or

C. The permit or license was procured by fraudulent representations.

(Prior code § 13.6)

Appeals from decisions of the planning commission denying a conditional use permit, or denying the renewal of such permit, shall be taken as provided in the zoning ordinance. All other appeals from decisions made or actions taken under the provisions of this chapter shall be made to the city council by filing written notice of appeal with the city clerk within five days after the date of the decision or action being appealed. The city clerk shall thereupon set the matter for hearing by the city council, and shall cause written notice of hearing to be mailed to the appellant at the address stated in the notice of appeal, and to the applicant (if the applicant is not the appellant) at the address stated in the application, not less than five days prior to the date of hearing. The decision of the city council on such appeal shall be final and conclusive.

(Prior code § 13.7)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor.

(Prior code § 13.8)

In addition to the criminal penalties provided for in this code, a violation of any provision of this chapter, or any condition caused or permitted to exist in violation of any of the provisions of this chapter, is a public nuisance, and may be abated by the city as such.

(Prior code § 13.9)

A. Unless otherwise noted, all of the provisions of this chapter shall apply to arcade mixed uses.

B. Section 5.16.040 "Existing arcades—Amortization period," shall not apply to arcade mixed uses.

(Ord. 610 § 5, 2004)