Yuba County Municipal Code Ch. 6.01 Picture Arcades

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State Law reference— Video arcades, Business and Professions Code § 20601 et seq.

It is the purpose and intent of this Chapter to provide for the orderly regulation of picture arcades in the interests of public health, safety, and welfare by providing certain minimum building, sanitation, operation and licensing standards.

(Prior Code, § 6.01.010; Ord. No. 766)

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Person means any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.

(2) Picture arcade means and includes any premises where there is maintained one or more machines or contrivances used to project or otherwise display any still or motion pictures, as to which projection or display any charge, consideration or payment is required to be made or given by the viewer as a condition of viewing such pictures, or which projection or display occurs as an incident or as an incident to or in conjunction with the conduct of any other type of business or activity conducted in or upon such premises. The term "picture arcade" shall not mean or include premises owned and operated by a public entity or upon which pictures are projected or displayed and into which premises are projected or displayed and into which premises persons of any age, unaccompanied by a parent or other adult, lawfully may enter, remain and participate in all activities lawfully conducted therein.

(3) Peep show device means a viewing device as herein defined.

(4) Premises means the building and land or portions thereof owned, leased or rented for a picture arcade as herein defined.

(5) Room means a space enclosed on all sides by a wall or other divider. Such divider need not be from floor to ceiling.

(6) Viewing device shall have the same meaning as a viewing machine (whether or not coin-operated) as defined in Section 6.03.020 of this Code.

(Prior Code, § 6.01.020; Ord. No. 766)

(a) No person shall own, operate, conduct or maintain a picture arcade without first having obtained from the Tax Collector a picture arcade operator license.

(b) No person other than the holder of a picture arcade operator license shall manage or otherwise be employed in or by a picture arcade without having first obtained from the Tax Collector a picture arcade employee license.

(Prior Code, § 6.01.030; Ord. No. 766)

(a) No license shall be granted under this Chapter to any person under the age of 18 years.

(b) A nonrefundable fee for the initial picture arcade operator license issued to each licensee for a specific location and for each renewal license shall be as established in Section 13.00.060.

(c) A nonrefundable fee for the initial picture arcade employee license issued to each licensee and for each renewal license shall be as established in Section 13.00.060.

(d) Every initial license shall be valid from the date of issue until December 31 of the calendar year of issue unless earlier suspended or revoked. Any renewed license shall be obtained not later than January 10 of the year following the last previous year in which a valid license was held by the applicant for renewal (unless delay beyond January 10 is due to causes substantially attributable to action or inaction on the part of the Sheriff or the Tax Collector), and such renewal license shall be valid until December 31 of the calendar year of issue unless earlier suspended or revoked.

(e) No license shall be granted to a licensee for a specific location unless all zoning requirements imposed by State law or local ordinance are first complied with.

(Prior Code, § 6.01.040; Ord. No. 766)

Upon payment of the applicable fee to the Tax Collector by the applicant, the Tax Collector shall grant and issue an appropriate license under this Chapter if the Tax Collector receives from the Sheriff, after an investigation conducted by the Sheriff with the assistance of the Health Officer, the Building Inspector and the Planning Director of the Community Development and Services Agency, the Sheriff's written approval and recommendation to license. Such written approval, if given, shall state and shall be based upon the Sheriff's certification that such investigation had demonstrated to the reasonable satisfaction of the Sheriff that:

(1) The operation of a picture arcade by the applicant will be carried on in a place which complies with all health, fire and safety, and zoning requirements and standards contained in the laws of California and of Yuba County and applicable to the conduct of a business of the type, nature and size to be conducted by the application given to the Sheriff by the applicant, and

(2) The applicant, and his or her employees, agents and other persons associated with the applicant as partners, directors, officers, shareholders, associates or managers in the proposed conduct of the proposed picture arcade, each and all:

a. Have not, within five years prior to the date of application for license, committed or been convicted of any of the following crimes or of crimes involving similar elements and conduct in any other state in the United States: any crime requiring registration under Penal Code § 290; any violation of Penal Code Pt. 1, Title 1, Ch. 7.5 (Penal Code § 311 et seq.); any violation of Penal Code Pt. 1, Title 1, Ch. 7.6 (Penal Code § 313 et seq.); any violation of Penal Code § 647(a), (b), or (d); any violation of Penal Code § 315, 316 or 318; any offense involving the use of a dangerous weapon against a human being; any offense involving the use of force or violence against the person or property of another; or any offense involving the maintenance of a nuisance in connection with the same or a similar business operation;

b. Have not, in premises owned or otherwise controlled by them, allowed or permitted to occur any of the crimes mentioned in the foregoing Subsection (i);

c. Have not knowingly made any false, misleading or fraudulent statement of material fact in any application for a permit or license to be granted by; or in any report or record filed with, any County officer or department;

d. Have not violated any rule or regulation of the County relating to picture arcades; and

e. Have not had a similar type of license previously revoked or suspended within one year prior to the then-current application, or (if such revocation or suspension has occurred) have caused to occur material and substantial changes since such suspension or revocation in an effort to prevent recurrences of the conditions which resulted in such revocation or suspension.

(3) Each application shall show the number of viewing devices, if any, intended to be maintained at such establishment and shall be specifically describe the other activities to be conducted on the premises as well as the various areas of the premises and their intended use.

(Prior Code, § 6.01.050; Ord. No. 766; Ord. No. 1405)

(a) No licensee shall conduct, operate, allow to be conducted, or allow to be operated, a picture arcade unless there is present on the premises at all times during such operation an adult who is licensed under this Chapter and who is in sober condition, of sound mind and in healthy physical condition.

(b) No licensee shall maintain or allow to be maintained any picture arcade, unless the entire interior of such premises wherein the viewing devices are located is visible immediately upon entrance to such premises and unless the entire body of any person viewing such pictures also is visible immediately upon entrance to the premises.

(c) No licensee shall maintain or allow to be maintained any picture arcade of which any portion of the interior of such picture arcade is visible from outside the picture arcade.

(d) A light level of no less than ten footcandles at floor level shall be maintained in every portion of any picture arcade in which viewing devices are located. The licensee shall obtain certification from an independent professional approved by the Sheriff that the light level has been measured and found to comply with this Chapter.

(e) No licensee shall permit any doors on the licensed premises, either exterior or interior, to be locked or barred during business hours.

(f) No person shall enter, be, or remain in any part of a picture arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or any drug, and no licensee shall permit any such person to enter, be, or remain in the licensed premises.

(g) No person under the age of 18 years shall remain in, enter or visit any picture arcade and no licensee shall permit such person to enter, be or remain in the licensed premises.

(h) No license shall be transferable to another person.

(i) No license shall be issued for, or used in, more than one picture arcade.

(j) Each licensee shall post and continuously keep posted a copy of this Chapter in a conspicuous place inside the licensed premises; and the picture arcade operator license shall similarly be displayed nearby, as shall be the picture operator employee license of each person holding such license and present in the picture arcade.

(k) No person shall operate or maintain more viewing devices than the number permitted by the license issued hereunder.

(l) Each wall or partition which is situated so as to create a room, enclosure or booth within the licensed premises shall be constructed of not less than one hour fire-resistive material.

(m) The width of any aisle in any room on the premises shall be at least 44 inches.

(n) There shall be no fewer than two doorways of a width no less than 36 inches which provide ingress and egress from any room on the premises to which the public is allowed entry. Doorway or doorways shall swing in the direction of egress and shall not be provided with any latch or lock.

(o) Every doorway which provides egress from any room on the premises shall have an internally illuminated exit sign with letters at least five inches in height.

(p) Each viewing device located in such establishment shall be situated so as to permit the person using the viewing device to have a constantly unobstructed view of the doorway or doorways which provide ingress or egress from the establishment.

(q) All picture arcades shall at all times be kept clean and in a sanitary condition and shall have hot, running water under pressure.

(r) No picture arcade may be located in proximity to a school as those terms are defined in Chapter 6.02 of this Code.

(Prior Code, § 6.01.060; Ord. No. 766)

The Sheriff may deny, revoke, or suspend any picture arcade license if any condition at said establishment shall be found to violate any requirement of law, (including, without limitation, the provisions of this Chapter) or any official representative of the County, after a reasonable request therefore, is denied the right to inspect the premises by the operator or the manager of any picture arcade. In addition to any other ground upon which license contained hereunder may be revoked, such a license may be revoked if criminal acts or solicitation of criminal acts occur within such picture arcade. Such denial, revocation, or suspension shall be effective ten days after mailing notice of such action to the applicant or holder of the license at the address shown on his application or at such other address furnished by the applicant or holder of the license or after personal service of the notice upon the applicant, holder or the license or the manager of the establishment.

(Prior Code, § 6.01.070; Ord. No. 766)

Within ten days after such notice of denial, suspension or revocation of a license, the applicant or permittee may file with the Clerk of the Board of Supervisors a written request for a public hearing before the Board. Upon the filing of such request, the Clerk shall set a time and place for the hearing and shall notify the appellant thereof. The hearing shall be held within 30 days after the request is filed. At the hearing, any person may present evidence in opposition to, or in support of, appellant's case. At the conclusion of the hearing, the Board of Supervisors decision of the Board shall be final.

(Prior Code, § 6.01.080; Ord. No. 766)

No person shall operate a picture arcade in which the number of persons in any room or partitioned portion of a room exceed one person per 20 square feet or one person per fixed seat. The maximum occupancy load permitted in any room or partitioned portion of a room shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room or partitioned portion to such room.

(Prior Code, § 6.01.090; Ord. No. 766)

No person shall operate a picture arcade in which the number of viewing devices in any room or partitioned portion of a room in which a viewing device is located exceeds one viewing device per 20 square feet. The maximum number of viewing devices permitted in any room or partitioned portion of a room in a picture arcade shall be conspicuously posted by the operator, and shall remain posted, at the entrance to said room or partitioned portion of a room. All such devices upon the premises shall be available in one room.

(Prior Code, § 6.01.110; Ord. No. 766)

Editor's note— There were two sections numbered 6.01.110 adopted by Ord. No. 766.

No person shall deny the Sheriff or any other County official free access to a picture arcade for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical, health, plumbing or other regulations.

(Prior Code, § 6.01.110; Ord. No. 766)

Editor's note— There were two sections numbered 6.01.110 adopted by Ord. No. 766.

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punishable by imprisonment in the County Jail for a maximum term of six months, a fine of $1,000.00 or by both such fine and imprisonment.

(Prior Code, § 6.01.120; Ord. No. 766)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

In addition to the legal remedies provided for in this Code, the operation of any picture arcade in violation of the terms of this Chapter shall be deemed a public nuisance and may be abated or enjoined by the County.

(Prior Code, § 6.01.130; Ord. No. 766)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.