The payment of the permit fee will be paid in addition to any applicable business license fees, including, without limitation, the fees set forth in Chapters 5.04 and 5.08 of this Code.
Every owner who owns, controls, possesses, exhibits, displays
or who permits to be exhibited or displayed in the City any mechanical
or electronic amusement devices must pay for an annual permit fee,
which will be levied on any location where such devices are present.
If a permit is lost, destroyed, or mutilated, the owner must pay an
additional fee before a replacement permit will be issued.
Except as otherwise provided by applicable law, all fees applicable
to this chapter, excluding business license taxes and fees, will be
established by City Council resolution. Such charges will be determined
by the department and be based on the actual cost incurred by the
City in providing services. Such service charges will include, without
limitation, charges for labor, supervision, overhead, administration
and the use of any and all City equipment, and supplies.
(Prior code § 5-11.1; Ord. 1336 § 11, 5/8/17)
As used in this chapter:
shall mean the City Manager of the City of Bellflower or
authorized agent(s).
shall mean any machine, device or game which, upon the insertion
of a coin, slug, token, plate or disc, permits a person or operator
to use the device as a game, contest of skill or amusement, whether
or not registering a score, which may cause a person or operator of
the same to secure some amusement, enjoyment or entertainment, and
which is not a gambling device or a device which tends to encourage
gambling. It shall include, but not be limited to, such devices as
electronic or mechanical game machines pinball machines, skill bar,
bowling machines or any other mechanical or electronic games or operations
similar thereto under whatever name they may be indicated. This definition
does not include coin-operated pool or billiard tables, nor does it
include coin-operated phonographs or merchandise vending machines.
shall mean the person, firm, partnership, corporation or
association which owns any such device or is responsible for the placement
or distribution of such devices within the City.
(Prior code § 5-11.2)
A.
No person
shall maintain, display for public patronage or otherwise keep for
operation by the public any mechanical or electronic amusement device
without first obtaining a permit issued under the terms and conditions
of this chapter.
B.
No permit
is required for a person to own, maintain or offer for use to the
public any coin-operated pleasure or amusement machine designed exclusively
for use by children under the age of 10 years, such as coin-operated
riding machines and other related coin-operated machines.
C.
No permit is required for a person to maintain four or more mechanical or electronic amusement devices under this chapter. An application to maintain four or more mechanical or electronic amusement devices can be granted only upon approval by a Conditional Use Permit as stipulated in Section 17.44.030 and Chapter 17.92.
(Prior code § 5-11.3)
A permit issued under this chapter:
A.
Is an
annual permit which expires December 31 of each year unless it is
suspended or cancelled earlier;
B.
Is effective
for a single place of business only;
C.
Vests
no property right in the permittee except to maintain, display for
public patronage, and permit the use of skill or amusement or mechanical
or electronic amusement devices in accordance with the terms and conditions
of this chapter; and
D.
May
not be transferred nor shall the permit fee be prorated.
(Prior code § 5-11.4)
Applicants for mechanical or electronic amusement device permits
shall file an application with the Director on the form prescribed
by him/her and approved by the City Council, which form shall among
other things designate his/her mailing address for all notices, and
upon the payment of the prescribed permit fee, the Administrator shall
issue to such person a license which shall contain:
A.
Name,
address and telephone number of the applicant, including the trade
name by which the applicant does business and the street address of
the premises and, if incorporated, the name registered with the Secretary
of State;
B.
Name,
address and telephone number of the operator of the premises to be
permitted;
C.
Number
of coin-operated amusement devices in the premises to be permitted
and serial number of each machine;
D.
Whether
a previous license of applicant, or, if applicable, corporate officer
of applicant, has been revoked within two years of filing of the application;
and
E.
A statement
that all the facts contained in the application are true.
(Prior code § 5-11.5)
A permit issued under this chapter shall be displayed at or
near the entrance of the business premises, and such display shall
be permanent and conspicuous.
(Prior code § 5-11.6)
The Administrator shall refuse to approve issuance or renewal
of a permit for any one or more of the following reasons:
A.
A false
statement as to a material matter made in an application for a permit;
B.
Revocation
of a permit, pursuant to this chapter, of the applicant or corporate
officer of the applicant within two years preceding the filing of
the application;
C.
The
applicant for such license has, within the past 10 years, been convicted
of a crime involving moral turpitude;
D.
For
any business location, unless the Building Code, Fire Code and other
pertinent provisions of all City ordinances, as far as can be determined,
are being complied with; or
E.
For
any business location that is located within 500 feet of any school
building attended by students below the age of 16 years.
(Prior code § 5-11.7)
A permittee shall not permit any of the following within or
on the permitted premises:
A.
The
sale, purchase, possession or consumption of any alcoholic beverages
unless the premises are licensed under the provisions of the Alcoholic
Beverage Control Department, State of California, for the sale, purchase,
possession or consumption of alcoholic beverages;
B.
The
operation of any mechanical or electronic amusement device by a person
younger than 18 years of age during the academic year for Bellflower
Public Schools between the hours of 7:00 a.m. and 3:00 p.m., except
during school holidays and on Saturday and Sunday;
C.
The
loitering of intoxicated persons on the premises, or permit the premises
to become a resort for disorderly persons of any age; or
D.
The
sale, purchase, possession or consumption of any unlawful drug or
narcotic on the premises.
(Prior code § 5-11.8)
A.
The
Administrator shall cause periodic inspections to be made of all premises
or locations where mechanical or electronic amusement devices are
used, kept, exhibited, or displayed. If, in the opinion of the Administrator,
these devices are causing or contributing to cause a nuisance, are
being used or operated in violation of State and/or local gambling
laws, or are creating an environment detrimental to the health, safety
or welfare of the citizens of the City, he or she shall immediately
notify in writing the person who is the owner of the device or devices
of his/her findings.
B.
If,
in the opinion of the Administrator, the conditions giving rise to
his/her findings have not been abated within 10 days after written
notice has been received by the owner, he or she shall forthwith order
the owner to remove all mechanical and electronic amusement devices
from the premises, location or locations referred to in his/her findings,
which devices shall be removed by the owner within five days after
receipt in writing of said order of removal. Thereafter, no mechanical
or electronic amusement devices shall be permitted in or upon the
premises for a period of 90 days after removal. At the expiration
of 90 days, the devices may again be used, kept, exhibited, or displayed
in or at the premises, location or locations provided; however, if
the device or devices are again removed from the premises pursuant
to the provisions of this section, they shall not thereafter be permitted
therein or thereon for a period of one year from the date of removal.
C.
All
law enforcement, building code enforcement and fire code enforcement
personnel of the City shall have the right to enter into these premises
at any time during normal business hours for the purposes of conducting
inspections to insure compliance with the provisions of this chapter.
(Prior code § 5-11.9)
In the event the Administrator denies issuance, suspends or revokes a permit as set forth in Section 5.52.090, the owner may, within 10 days, appeal in writing such denial, suspension or revocation to the City Council. The City Council will set a time and place for a public hearing of the appeal, at which time all parties interested will be afforded an opportunity to be heard. The decision of the City Council is final.
An appeal fee must be submitted at the time of submission of
this written appeal. Except as otherwise provided by applicable law,
all fees applicable to this chapter, excluding business license taxes
and fees, will be established by City Council resolution. Such charges
will be determined by the department and be based on the actual cost
incurred by the City in providing services. Such service charges will
include, without limitation, charges for labor, supervision, overhead,
administration and the use of any and all City equipment, and supplies.
(Prior code § 5-11.10; Ord. 1336 § 12, 5/8/17)
After the City Council has set the appeal for hearing, the City
Clerk shall cause notice of the hearing to be given to the appellant
and to all property owners within 300 feet of the location of the
business at least 10 days prior to the hearing date. For the purposes
of this section, notice to property owners shall be sufficient if
given to those property owners who appear as such on the last equalized
assessment roll on file with the City. Additionally, the City Clerk
shall cause a public notice to be posted at the location where the
devices are used, kept, exhibited, or displayed. All notices provided
for in this chapter shall be in the form and manner as determined
by the City Clerk.
(Prior code § 5-11.11)
At the conclusion of the hearing before the City Council, the
City Council shall deny the appeal if it finds and determines any
of the following:
A.
The
conduct of the establishment or the granting of the appeal would be
contrary to the public health, safety, morals, or welfare for any
reason;
B.
The
premises have operated in an illegal, unlawful or disorderly manner;
C.
The
applicant or any person associated with him/her as a principal or
partner, or in a position or capacity involving partial or total control
or management over the conduct of the premises, has within the past
10 years been convicted of a crime involving moral turpitude;
D.
The
granting of the appeal would create a public nuisance;
E.
The
normal operation of the premises would interfere with the peace and
quiet of any surrounding residential neighborhood;
F.
There
would not be adequate parking or bicycle storage areas available for
the premises for which the permit is being sought; or
G.
The
premises are not in compliance with the provisions of the Zoning Ordinance,
Building Code, Electrical Code, Plumbing Code, or Fire Prevention
Code of the City of Bellflower.
(Prior code § 5-11.12)
If, at the conclusion of the public hearing, as provided for in Section 5.52.100, the City Council fails to find or determine that any disqualifying ground or grounds, as set forth in Section 5.52.120, exist or exists for the denial of the appeal, the City Council shall approve the appeal, and the permit shall be issued upon the payment of the appropriate fees forthwith.
(Prior code § 5-11.13)
After the public hearing as to any appeal, the City Council,
in granting any permit, may also impose such reasonable conditions
as to the use or extent of such permit as it deems appropriate based
upon any evidence or facts presented at the hearing.
(Prior code § 5-11.14)
A person owning or operating a business lawfully in existence upon the effective date of the ordinance codified in this chapter shall be deemed to have been issued a permit hereunder, provided that such proprietor, within 30 days after the effective date, submits on the form prescribed in Section 5.52.050 all required information. No permit fee shall be payable; however, all business license fees applicable under this chapter, shall still be payable as specified.
(Prior code § 5-11.15)
