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HomeMy WebLinkAboutOrdinance No. 2225 ORDINANCE NO. 2225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING CHAPTER 8. 60, AMENDING SECTIONS 19. 04. 031 AND 19. 26.020( 2) ( II) AND ADDING SECTIONS 19. 26. 020 ( 2) (KK) AND 19. 40. 052 TO THE AZUSA MUNICIPAL CODE, RELATING TO MECHANICAL, OR ELECTRONIC GAMES. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS : SECTION 1 . Title 8 of the Azusa Municipal Code is hereby amended by adding a Chapter 8. 60 consisting of Sections 8. 60.010 through 8.60. 140 to read as follows: CHAPTER 8. 60 MECHANICAL GAMES Section 8.60. 010. Definitions. As used in this Chapter, the following words shall have the following respective meanings : (a) "Mechanical or electronic games" shall mean any machine, apparatus, contrivance , appliance or device which may be operated or played upon the placing or depositing therein of any coin, check , slug , ball, or any other article or device, or by paying therefor either in advance or after use, involving in its use either skill or chance , including, but not limited to tape machine, card machine, pinball machine , bowling game machine, shuffleboard machine , marble game machine, horse racing machine, basketball game machine, baseball game machine, football game machine, electronic video game , or any other similar machine or device. "Mechanical or electronic games" does not include a coin operated billard or pool table . (b) "Operator" shall mean any owner or lessee of such mechanical or electronic games who installs or maintains the same in any place of business which is not his own or under his direct control where the same can be played or operated by persons in the same place. (c ) "Proprietor" shall mean the person in whose place of business any such mechani- cal or electronic game is placed for the use , amusement, patronage or recreation of the public or of persons in or about said place. (d) "Person" shall mean any corporation, association, syndicate, joint stock company, partnership, club, society or individual. (e ) "Street" shall mean any street, alley, way, boulevard, or road, either public or private, that is used or to be used for ingress or egress. Section 8.60.020 . Application. This Chapter shall apply to any operation or premises having one or more mechanical or electronic games available for use by members of the public. Section 8. 60.030 . Permit Required of Proprietor and Operator. A. It shall be unlawful for any proprietor or operator install, operate or maintain to be operated any mechanical or electronic game without first having obtained a permit from the City Administrator in accordance with the provisions of and pursuant to this Chapter 8. 60. B. The City Administrator may deny the permit if the applicant cannot meet the requirements of this chapter or may approve the permit subject to such conditions as are necessary to insure compliance with this chapter and to preserve the health, safety or welfare of persons using the machine (s ) and persons in the vicinity of the location of the machine (s ) . C. The applicant may appeal the City Administrator's decision to the City Council by filing a written appeal , stating the grounds upon which it is based, with the City Clerk within ten ( 10 ) calendar days after the decision is made . The council shall hear the appeal at its next practicable meeting and shall consider, de novo, the application for the permit. D. The permit shall be valid only for the number of games therein specified. The use of additional devices shall require a new permit. E. Such a permit is not required where the proprietor or operator is subject to the provisions of Section 19. 26 .020 ( 2) ( II) and (KK) requiring a conditional use permit for an arcade. Section 8. 60.040. Obligation of Operators. No operator shall install or allow any mechanical or electronic games to be installed in any proprietor' s place of business which requires a permit as provided for in this chapter unless said proprietor has been issued such permit. -2- Section 8. 60 .050 . Applications ; Fee. A. The application for a permit required hereunder shall be on a form prescribed by the City Administrator. Fingerprinting of all applicants is required for purposes of enabling the investigating official to conduct his or her investigation. The fee for such application shall be established by resolution of the City Council . B. The fee for filing an appeal from an action by the City Administrator pursuant to this chapter shall be set by resolution of the City Council . Section 8. 60.060. Posting of Permit. The permit shall be permanently and conspicuously posted at the location of the games in the premises wherein said games are to be operated or maintained to be operated, and shall not be removed from said location during the period for which said license was issued. Section 8. 60.070 . Transfer of Permits. No permit in this Chapter required shall be transferable , nor apply to any premises other than originally specified as the location of the thing permitted, except upon written permission of the Planning Commission or City Administrator granted upon written application by the transferee , made in the same manner as may be required in the instance of the original application for such permit. Section 8. 60.080 . Revocation and Suspension of Permit. The permit provided for in this Chapter may be revoked or suspended as provided for in Section 5.08. 170 of this Code. In addition, violation of any provision of this Chapter 8.60 shall be grounds for revocation or suspension. Section 8. 60.090. Proximity to Adult Businesses It shall be unlawful for any proprietor or operator of a mechanical or electronic game to cause , permit or allow same to be located , operated or maintained to be operated within one thousand ( 1 ,000) feet of the nearest street entrance to or exit from adult business (as defined in Section 19.63.020 ( 2) ) , said distance to be measured from said entrance or exit in the most direct line or route on, along or across said street or streets adjacent to said uses. -3- Section 8. 60. 110 . Hours of Operation for Minors Under 18 Years of Age. No proprietor, employee thereof , or person in charge, shall allow any minor under 18 years of age to play or use any such game during the academic year for public or private schools within the City of Azusa between the hours of 7 a.m. and 3 p.m. , except during school holidays and on Saturday and Sunday, nor between the hours of 10 :00 p.m. and 7 :00 a.m. on days preceding school days, and between midnight and 7:00 a.m. on all other days. On or before September 1 of each year the City Administrator shall prepare a list of the dates of said academic year and the dates of school holidays which list shall be available to all permittees . Section 8. 60. 120. Operating Requirements. A. All mechanical and electronic games must be visible from the entrance , and the entrance must be unlocked during all times that the premises in question are open for business. B. All windows and glass doors which provide a view of the premises shall remain unobstructed at all times. All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved as part of the permit. C. Each premise having four ( 4 ) or more mechanical electronic games shall provide a minimum of two toilets and lavatory facilities accessible to customers, employees and business invitees . D. Premises having mechanical or electronic games shall have one attendent on duty for every ten ( 10 ) such games during the hours of operation who shall directly supervise the operation of the games. E. No one under the age of fourteen ( 14 ) years shall be allowed or permitted to operate any mechanical or electronic game unless a respon- sible adult (other than the person described in subparagraph D) or parent is present. Section 8. 60. 130. Compliance With Other Laws. Neither this Chapter nor any provision therein contained shall include or apply to any act which is made a public offense by the Penal Code of the State of California, or by any other law of the State of California, or of the United States ; nor shall this Chapter or any provision therein contained authorize or permit or be construed as authorizing or permitting the keeping, maintaining , possessing, using or operating in the City of Azusa of any contrivance or device otherwise prohibited by law. ii -4- Section 8. 60. 140. Existing Businesses. Persons lawfully operating or maintaining mechanical or electronic games on the effective date of this chapter shall have ninety (90 ) days from the effective date of this chapter in which to comply with its provisions. SECTION 2. Section 19. 04.031 of the Azusa Municipal Code is hereby amended to read as follows : "19.04.031 . ARCADE. "Arcade" means a location where four ( 4) or more mechanical or electronic games (as defined in Section 8.60.010(a) are located, even if said games are provided in conjunction with or as a secondary use to another bona fide business. " SECTION 3 . Section 19. 26.020( 2) ( II) of the Azusa Municipal Code is hereby amended to read as follows: " ( II) . Arcades are permitted as a con- ditional use subject to the issuance of a conditional use permit pursuant to Chapter 19.60 provided that in addition to any conditions the Planning Commission may impose pursuant to Section 19.60.010 , the permit, if issued, shall be subject to the requirements of Chapter 8. 60. SECTION 4 . Section 19 . 26.020 ( 2) (KK) is hereby added to the Azusa Municipal Code to read as follows: " ( KK) . Premises with one ( 1 ) or more mechanical or electronic games (as defined in Section 8. 60.010 (a) ) which serve alcoholic beverages for consumption on the premises except in connection with a bona fide eating place are permitted as a conditional use subject to the issuance of a conditional use permit pursuant to Chapter 19 . 60 provided that in addition to any conditions the Planning Commission may impose pursuant to Section 19. 60.010 , the permit, if issued, shall be subject to the requirements of Chapter 8. 60. SECTION 5. Section 19 . 40 .052 is hereby added to the Azusa Municipal Code to read as follows: "19. 40.052 . Non-conforming uses - Arcades. Notwithstanding the provisions of Section 19. 40.050 , any arcade or premises having one ( 1) or more mechanical or electronic games lawfully in existence as of the effective date of Chapter 8.60 shall have ninety ( 90 ) days from the effective date of this ordinance in which to obtain the Conditional Use Permit required by Section 19. 26. 060 ( 2) ( II) and (KK) . SECTION 6. Ordinance 2145, extending the moritorium on arcades, is hereby repealed. -5- SECTION 7 . The City Clerk shall certify to the passage of this Ordinance . PASSED AND APPROVED this 21stcday of May , 1984 . 17( /,-12,--"Y`71-10 .MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA I, ADOLPH SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2225 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of May , 1984. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the _ 21st day of May , 1984 , by the following vote to wit: AYES: COUNCILMEMBERS: COOK, LATTA, MOSES NOES: COUNCILMEMBERS: CRUZ , CAMARENA ABSENT: COUNCILMEMBERS : NONE ADOLPH/SOLIS, ity Clerk -6- Publish Azusa Herald: 5/30/84