South El Monte Municipal Code § 7.90 County Business Licensing Ordinance Adopted

A. Every person conducting, managing, or carrying on an exhibition, entertainment, carnival, circus, or show of any character in which a fee is charged for entry into the location, the viewing of any such entertainment, carnival, circus or show, or participation in any of its activities shall first procure a license and pay a fee as set forth in Section 7.14.010 of this title. This section does not apply to schools or churches using their own equipment.

B. No person may conduct, manage, or carry on an exhibition except on a site located within the Commercial (C) zone, the Manufacturing (M) zone, or the Commercial-Manufacturing (C-M) zone or on a publicly owned site regardless of zone.

C. No person may conduct, manage, or carry on an exhibition for a period greater than five consecutive days on any one site within a thirty-day period.

D. No person may conduct, manage, or carry on an exhibition except between the hours of 10:00 a.m. and 10:00 p.m. unless expressly approved by the City Manager and provided in the exhibition license.

E. No license may be issued unless the applicant files a public liability and property damage insurance policy with the Finance Director providing coverage of not less than $500,000 for injuries to any one person, $1,000,000 for injuries arising out of any one accident, and $500,000 property damage.

F. No license may be issued unless the applicant files a $1,000 bond with the Finance Director to insure property maintenance and cleanliness of the area in which the exhibition is conducted, prior to, during and upon completion of the exhibition.

G. No person may conduct, manage, or carry on an exhibition in violation of any other terms or conditions prescribed by the City Manager to provide for the health, safety, and security of the participants of the exhibition and the community.

H. No license to operate a carnival shall be issued to a firm, corporation or person unless the carnival is being operated to raise funds for:

1. A local post, chapter or unit, territorially limited to and situated exclusively within the city, and which is a chartered unit of a duly constituted and nationally chartered organization of United States War Veterans.

2. A service club which meets regularly within the city, is chartered by a national or international service organization, and has been so chartered within the city for at least one year prior to making application for a permit under this chapter.

3. A locally established chapter, troop or post of a nationally chartered non-profit youth character and training organization.

4. A church or other religious organization located within the city.

A. No proprietor, owner or manager of a business in the city shall permit any video game to be installed or used on the premises of the business except for the purpose of the sale of the video game when no charge is made for the use of the video game, unless a separate business license has been granted to said proprietor, owner, or manager of each video game in accordance with the provisions of this section.

B. "Video Game" as used in this title shall include all coin and token operated entertainment games of skill, including, but not limited to, pinball machines, video games, and skee ball games.

C. No license shall be issued to operate a video game in any other zone other than in the Commercial (C) zone, the Manufacturing (M) zone, or in the Commercial-Manufacturing (C-M) zone. In the Manufacturing (M) zone and the Commercial-Manufacturing (C-M) zone, no license shall be issued other than to a permitted commercial use, an existing legal nonconforming commercial use or any future commercial use permitted with a conditional use permit.

D. No license to operate a video game shall be issued unless the video game is accessory or secondary to another business conducted on the same premises.

E. No person to whom a license is issued to operate a video game may operate or permit to be operated such video game unless said license is posted in a conspicuous place.

F. A video game license may be transferred from one machine to another, but only if the new machine directly replaces a different machine at the same business establishment.

G. No proprietor, owner, or manager may operate more than three video games at a single business establishment unless a conditional use permit has been issued pursuant to the provisions of Title 17 of the South El Monte Municipal Code. At no time may the number of games in a single establishment exceed the ratio of one game per 25 square feet of the total floor area allotted to the video game operation. At those locations in which a greater number of video games were legally in existence on March 24, 1983, the proprietor, owner, or manager of those locations may continue to operate the number of machines in existence. The number of machines in operation may also be increased by a maximum of 50% or to a number equal to the video game per floor area ratio described in this paragraph, whichever figure is lower.

H. No license shall be issued to operate a video game in any establishment within 500 feet of any elementary school, high school or public playground or any part thereof.

I. No proprietor, owner, or manager may allow a person under the age of 18 to play a video game during the hours of 8:00 a.m. to 2:30 p.m. on any day in which the public schools are in regular (non-summer) session.

J. No proprietor, owner, or manager may allow a person under the age of 18 to play a video game after 10:00 p.m. on any day unless accompanied by an adult.

K. No proprietor, owner, or manager may permit any video game to be played unless there is at least one adult (over 18 years of age) attendant or supervisor overseeing the use of the video games.

L. Each manager, owner, or proprietor of a business in the city in which coin or token operated video games are located shall pay an annual license fee for each separate machine for which a license is issued as set forth in Section 7.14.010 of this title. Said fee shall not be pro-rated for a partial year.

A. Every person conducting, managing or carrying on a swap meet shall first procure a license and pay a monthly fee as set forth in Section 7.14.010 of this title. Said fee shall be due and payable ten days prior to the end of each month for the subsequent month.

B. No person may conduct, manage, or carry on a swap meet without first procuring a conditional use permit for said use pursuant to the provisions of Title 17 of the South El Monte Municipal Code.

C. No person may conduct, manage, or carry on a swap meet except on Saturdays and Sundays between the hours of 7:00 a.m. and 5:00 p.m. Except that the swap meet may also be operated on any national holiday that is observed on a Friday or Monday, as well as Christmas Eve and other holidays.

D. No license may be issued unless the applicant files a one thousand dollar ($1,000) bond with the Finance Director to insure proper maintenance and cleanliness of the area in which the swap meet is conducted.

E. No person may conduct, manage or carry on a swap meet without providing sanitary facilities in such number and in such locations as required by the City Manager.

F. No person may conduct, manage or carry on a swap meet without providing security personnel in such number as required by the City Manager.

G. No person may conduct, manage or carry on a swap meet in violation of any other reasonable terms or conditions prescribed by the City Manager to provide for the health, safety, and security of the participants and patrons of the swap meet and the community.

(Prior code §7-2-15; Ord. 771 §1, 1986; Ord. 847 §7, 1989; Ord. 980 §14, 1996)