Sec. 26-110. - Amusement and entertainment facilities [EX. DIVISION 9 OF ARTICLE XII…

The purpose of this section is to permit the operation of amusement and entertainment facilities, through consideration of physical treatment and compatibility with the community and surrounding property.

(a)

The permit required (as specified in article II division 2) shall be obtained prior to establishing an amusement and entertainment facility.

(b)

The following special development standards shall apply to amusement and entertainment facilities:

(1)

Hours of operation shall be limited to between eight (8:00) a.m. to twelve o'clock (12:00) midnight. The Community Development Director or their designee may, after twelve (12) months of operation approve extended hours of operation. The hours of operation must be posted in a conspicuous place.

(2)

All activities associated with the use shall comply with the standards of the noise ordinance. An accessory computer game/internet access center with ten (10) or more computers, shall be subject to the granting of a conditional use permit is required, as specified in article II, division 2 and article VI, division 4 of this chapter.

(3)

Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks, or similar obstructions.

(4)

The operator of the use shall provide night lighting and other security measures to the satisfaction of the chief of police.

(5)

Exterior lighting shall not intrude on surrounding properties.

(6)

The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking.

(7)

A security plan, including a video surveillance system, exterior lighting plan, noise, litter, loitering, crowd control and parking to the satisfaction of the chief of police shall be submitted to and approved by the police department prior to the issuing of a certificate of occupancy.

(8)

The development standards of the zone in which this use is to be located shall apply (as specified in article III, unless this section specifically permits or prohibits otherwise.

(9)

Such other conditions as deemed by the Planning Commission or Community Development Director or their designee to reasonably relate to the purpose of this division, such as but not mandatory or limited to:

a.

Windows shall be maintained to allow an unobstructed view of the interior.

b.

Noise, congregation, parking, and other factors generated by the use, which are detrimental to the public health, safety, and welfare.

c.

Review of the computer game/internet access center, main or accessory use, operation permitted by the administrative use and/or conditional use permit is required after six (6) months after opening, then annually thereafter. Ownership changes shall meet the same requirements. The current or new business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to one-half (½) of the pertinent current application fee. The review deposit shall be paid prior to occupancy or business license issuance.

d.

At no time shall alcoholic beverages be sold, dispensed, possessed, brought, or allowed on the premises of any amusement and entertainment facility except in those cases where the facility is accessory to a bona fide eating place with a conditional use permit for on-sale alcohol service.

(c)

Specific development requirements for a game arcade.

(1)

No arcade shall be located within one thousand (1,000) feet of a public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any school property.

(2)

Conditions of approval of an administrative use permit or conditional use permit for an amusement and entertainment facility:

a.

No admittance of juveniles under sixteen (16) years of age until 1:30 p.m. except on Saturday, Sunday, holidays, and school vacations.

b.

No one under twelve (12) years of age admitted unless supervised by an adult.

c.

One (1) attendant, twenty-one (21) years of age or older, is required for every twenty-five (25) games; two (2) attendants minimum required for a main use or accessory use game arcade.

d.

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of a main use game arcade. The business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to two (2) times the current conditional use permit application fee. The review deposit shall be paid prior to occupancy or business license issuance.

e.

The conditional use permit may be revoked, amended, or suspended by the Planning Commission under the provisions of article VI of this chapter.

f.

Licenses or permits as required in chapter 5, article V and chapter 14 of this Code shall be obtained prior to the start of the operation of the use.

g.

Amusement and entertainment facility business hours: 10:00 a.m. to 10:00 p.m. The Planning Commission may approve extended hours of operation under certain circumstances; but in any case, after 10:00 p.m. attendance shall be limited to adults and minors accompanied by a parent or legal guardian.

h.

No sound created by the entertainment facility, or its patrons shall be detected from the exterior of the facility.

(3)

Such other conditions as deemed by the Community Development Director or Planning Commission to reasonably relate to the purpose of this division, such as but not mandatory or limited to:

a.

Review of the operation permitted by the administrative permit or conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of an accessory use game arcade.

b.

Windows shall be maintained to allow an unobstructed view of the interior.

c.

Accessory use game arcade business hours, if different from business hours of the main use.

(d)

Specific development requirements for billiard parlors.

(1)

Spacing of tables. A clear and unobstructed distance of six (6) feet shall be provided between tables, and between tables and walls or other obstructions.

(2)

Lighting. The interior and exterior of the building and the front and rear parking lot shall be brightly lit with no dark areas. Exterior lighting shall be installed and maintained in a manner eliminating any nuisance to adjacent residential property.

(3)

Floor covering. All floor surfaces of the playing and spectator area shall be covered with fabric carpet.

(4)

Proximity to school. No billiard parlor shall be located within one thousand (1,000) feet of a public or private school conducting classes between the first and twelfth grades. This distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the parlor to the nearest accessible portion of any school property.

(5)

Open view. All billiard parlors shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from the street or sidewalk in front of the same, except in those cases where the billiard parlor is an accessory use to a bona fide eating place, as defined in section 23038 of the California Business and Professions Code. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to preclude the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storage purposes exclusively.

(6)

Conditional use permit conditions of approval for a billiard parlor.

a.

At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any billiard parlor except in those cases where the billiard parlor is an accessory use to a bona fide eating place utilizing no more than ten (10) percent of the total floor area available for customer assembly and/or dining. In no case shall alcoholic beverages be allowed within a primary/main use billiard parlor.

b.

No person shall operate a billiard parlor between the hours of 2:00 a.m. and 6:00 a.m., or permit or allow any person to play billiards or remain in any billiard parlor between the hours of 2:00 a.m. and 6:00 a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises.

c.

Any billiard parlor shall be subject to code enforcement or police inspection and supervision for the purpose of ascertaining if the provisions of this article are being observed, and no personnel shall hinder, obstruct, or delay any police officer from entering any such place.

d.

No person shall keep any door or entrance to any billiard parlor locked, barred, or barricaded in such a manner as to make it difficult for access to police officers while two (2) or more persons are present.

e.

No person shall permit gambling of any kind or description or playing any games whatsoever for money or anything of value, within any billiard parlor.

f.

No card table shall be kept, or any card games played or allowed in any billiard parlor.

(7)

Main use billiard parlors and all accessory use billiard parlors shall comply with the following:

a.

No person under the age of sixteen (16) years shall be in, remain in, enter, or visit any billiard parlor, unless accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

b.

No person having charge or control of the billiard parlor shall permit or allow any person under the age of sixteen (16) years to be in, remain in, enter, or visit any billiard parlor, unless such minor person is accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

c.

The provisions of subsections a. and b. of this section shall not apply to any person under the age of sixteen (16) years, if such person while in any billiard parlor is a member of a bona fide organized recreational group attending such room as a part of its activities, and there is in charge of such group and accompanying such group, while in a billiard parlor, a person over the age of twenty-one (21) years.

d.

No person shall represent themselves to have reached the age of sixteen (16) years to obtain admission to a billiard parlor or to be permitted to remain therein when such person in fact is under sixteen (16) years of age.

e.

No person under the age of eighteen (18) years shall be in, remain in, enter, or visit any billiard parlor after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody, or control of such person.

f.

No person having charge or control of any billiard parlor shall permit or allow any person under the age of eighteen (18) years to be in, remain in, enter, or visit any billiard parlor, after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody, or control of such person.

g.

The proprietor or manager of such billiard parlor shall maintain a notice at the front entrance thereof to the effect that a person under the age of sixteen (16) years of age is prohibited from entering the same unless accompanied by a person over twenty-one (21) years of age who is responsible for his/her control and supervision.

h.

No alcohol shall be served in main use billiard parlors.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)