As used in this chapter:
"Picture arcade"
means any place to which the public is admitted, or any public place, wherein one or more picture viewing devices are operated or maintained.
"Picture viewing device"
means any coin or slug operated, or electronically or mechanically controlled, film or video tape viewing device which is operated, maintained or designed to show still or motion pictures or images to five or fewer persons per device at any one time.
(Ord. 90-30 § 3; Ord. 91-22 § 1(A))
A. 
No picture arcade shall be maintained or operated unless all of the following requirements are met:
1. 
Each picture viewing device shall be visible from the main public entrance to the establishment.
2. 
The picture arcade shall be constructed such that each individual who views the still or motion pictures or images displayed on any picture viewing device is visible from head to toe from the main public entrance to the establishment and the manager station in the establishment.
3. 
It shall be the duty of the owners and operators of a picture arcade to ensure that at least one employee is on duty and situated in the manager's station at all times that any patron is present inside the premises.
4. 
No partially or fully-enclosed booths or partially or fully-concealed booths shall be maintained in a picture arcade.
5. 
It shall be the duty of the owners and operators of a picture arcade, and it shall be the duty of any of their agents and/or employees present in the picture arcade to ensure that the view from each picture viewing device to the manager's station and the main public entrance to the establishment, remains physically and visually unobstructed and unimpaired at all times.
B. 
For the purposes of this chapter, a person, place or thing shall be deemed visible only if the persons, place, or thing is visible by direct view with the retina of the unaided eye (except for the aid of corrective lenses). No alternative surveillance system or systems, such as use of mirrors or cameras, may be used to satisfy the visibility requirements of this chapter.
(Ord. 90-30 § 3; Ord. 91-22 § 1(C))
A. 
During all hours of operation of the premises, all picture arcades and picture viewing devices shall be illuminated, exclusive of any illumination produced by any picture viewing device or other light providing appliance or spillover light from nonpicture arcade areas, with light having an intensity of not less than five foot candles at any location on any plane within the picture arcade.
B. 
No dimmer switches or other means of dimming shall be installed, used, or maintained in a picture arcade. Any switching devices installed in a picture arcade pursuant to Title 24, Part 2, Section 2-5319, Subsection (c) of the Code of California Regulations, or any successor provisions, shall not reduce the level of lighting below a minimum of five foot candles at any location on any plane in the picture arcade.
C. 
It shall be the duty of the owners and operators of any picture arcade, and it shall be the duty of any of their agents and/or employees present on the premises to ensure that the illumination described above, is maintained at all times that the picture arcade is open for business or a patron is on the premises.
(Ord. 90-30 § 3)
The applicability of this chapter shall not be affected by the utilization or maintenance of a membership or club format or any similar arrangement or form of doing business, if this chapter would otherwise be applicable.
(Ord. 90-30 § 3)
This chapter shall be applicable to any picture arcade which opens for business after the effective date of the ordinance codified in this chapter. Any picture arcade in existence prior to the effective date of the ordinance codified in this chapter, and made illegal hereby, shall conform to the provisions of this chapter within three months after the effective date of the ordinance codified in this chapter.
(Ord. 90-30 § 3)
A. 
Any person, partnership, corporation or other business association or entity or employee thereof violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each person, partnership, corporation or other business association or entity or employee thereof shall be deemed guilty of a separate offense for every day or any portion thereof during which any violation of any provisions of this chapter is committed, continued or permitted by such person, firm or corporation or other business association or entity or employee thereof.
B. 
In addition to any other remedy provided by law, any premises upon which a picture arcade is maintained or operated in violation of this chapter is declared to be a public nuisance.
C. 
In addition to any other remedy provided by law, any or all aspects of this chapter and the various sections thereof may be enforced by the civil remedies of declaratory relief and injunction.
D. 
The remedies in this chapter and the various sections thereof are cumulative and in addition to all other remedies provided at law or equity.
(Ord. 90-30 § 3)
This chapter and the various sections thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 90-30 § 3)