It is unlawful for any person, for himself or any other person, firm or corporation, to distribute, operate, install or maintain, or allow to be distributed, operated, maintained or installed, any coin-operated amusement device in a manner prohibited by this chapter or without having first obtained a business license as required by Chapters 6.04 through 6.16.
(Ord. 899 § 2, 1982)
It is unlawful for any person to operate or maintain, or allow to be operated or maintained, any amusement arcade, as defined in Section 6.44.030, in violation of any provision of this chapter or without having first obtained a conditional use permit or a minor use permit as required by this chapter and Title 20 of this code.
(Ord. 899 § 2, 1982; Ord. 1233 § 1(C), 1998)
For the purpose of this chapter, the following words and terms
shall be deemed to mean and be construed as follows:
means any public place of amusement or public place of business
in which four or more coin-operated amusement devices are installed,
and includes any place open to the public, whether or not the primary
use of the premises is devoted to the operation of such devices.
means any device, machine, apparatus or other instrument
(including but not limited to electronic games, marble games and pinball
games), the operation of which is permitted, controlled, allowed or
made possible by the deposit or placing of any coin, plate, disk,
slug, or key into any slot, receptacle, crevice or other opening,
or by the payment of any fee or fees, for its use as a game or contest
of any description, or which may be used for any such game or contest,
and the use or possession of which is not prohibited by any laws of
the state of California.
means any person who, as owner, agent, employee or otherwise,
distributes, places, installs or delivers a coin-operated amusement
device or devices to any premises in the city, or who keeps or stores
within the city any such coin-operated amusement device or devices
for the purpose of distributing, placing, installing or delivering
the same.
means any person who, as owner, lessee, employee, agent or
otherwise, operates, installs, keeps, maintains, permits or allows
to be operated, installed or maintained any coin-operated amusement
device in or upon any premises owned, leased, managed, operated or
controlled by such person within the city.
means any individual, firm, partnership, corporation or other
association.
(Ord. 899 § 2, 1982; Ord. 1233 § 1(A), 1998)
(a)
Nothing
in this chapter shall be construed to permit the licensing, maintenance,
distribution or operation of any coin-operated device or apparatus
which is contrary to any of the laws of the state or of this city;
nor to permit the operation of any coin-operated amusement device
regulated hereunder in such a manner as to be contrary to any of said
laws.
(b)
Any
coin-operated amusement device operated in violation of the terms
of this chapter may be seized and held by the chief of police.
(Ord. 899 § 2, 1982)
Every person desiring to establish or operate an amusement arcade
in this city shall make a written application for a use permit as
required by Title 20 of this code. In addition to the fees required
by Title 20, such application shall be accompanied by a nonrefundable
processing fee as set by resolution of the city council, shall be
verified, and shall contain the following information:
(a)
Name
and address of applicant and all persons financially interested in
the operation or distribution of the coin-operated amusement devices;
(b)
Date
and place of birth of applicant;
(c)
Applications
shall state the address of the business and the place within the business
where the device(s) are to be installed and operated, together with
the number of devices to be installed and operated in the establishment;
also, if applicable, a brief description of the principal product
or type of product sold or service rendered at the premises upon which
the devices are to be operated or maintained;
(d)
Whether
applicant is a citizen of the United States;
(e)
Whether
applicant has ever been convicted of a crime, and if so, the nature
of the offense;
(f)
A
statement that the device or devices for which permits are sought
are not intended to be and will not be permitted to be used for any
gambling purposes whatsoever; and
(g)
The
nature of applicant’s interest in or title to the device or
devices for which the permit is sought.
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Upon receipt of application for a use permit to operate an amusement
arcade, the director of community development shall cause the application
to be processed as a use permit in accordance with the provisions
of Title 20 of this code. In addition, the director of community development
shall forward the application to the chief of police, who shall conduct
such investigation as he may deem necessary into the character of
the applicant and persons financially interested in the amusement
arcade or the machines or devices which are the subject of the application.
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The above-required nonrefundable processing fee shall be used
solely to defray the costs of the police investigation required herein.
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(Ord. 899 § 2, 1982)
The chief of police shall report to the planning commission regarding the results of the investigation conducted pursuant to Section 6.44.050 and shall include in his report a recommendation to deny or approve the use permit and the specific reasons for that recommendation. The report shall be considered by the planning commission in reaching a decision to issue or not to issue a use permit.
(Ord. 899 § 2, 1982)
Prior to the issuance of the use permit, business license fees shall be paid in accordance with the applicable provisions of Chapters 6.04 and 6.16.
(Ord. 899 § 2, 1982)
No permit shall be issued to any applicant relating to any coin-operated
amusement device which, for each coin, slug or token inserted, makes
available to the player, for actual play, only one ball, marble or
electronic symbol, nor shall any permit be issued to any applicant
relating to any coin-operated amusement device which, in order to
extend play in the current game, permits or is adapted to the insertion
of additional coins, slugs or tokens during the playing of or before
the completion of the game for which the original coin, slug or token
was inserted in the device, and it is unlawful for any person to maintain
or operate or allow such machines to be maintained or operated.
(Ord. 899 § 2, 1982)
(a)
No
award, payoff or delivery of anything of value, or representing, or
exchangeable, or redeemable for anything of value, shall be made in
any contest, tournament, league or individual play on any coin-operated
amusement device; and it is unlawful for any permittee hereunder or
any owner or operator of a coin-operated amusement device to cause,
permit or allow same.
(b)
No
person, including operators as defined herein, and their employees
or agents, shall allow any minor under eighteen years of age to play
or use a coin-operated amusement device during the academic year of
the South San Francisco Unified School District between the hours
of seven a.m. and three p.m., except during holidays of that District,
and on Saturday and Sunday.
(Ord. 899 § 2, 1982)
Any coin-operated amusement device installed, operated or maintained
upon premises or establishments without receipt of a use permit and/or
a business license as provided for in this chapter may be seized and
held by the chief of police until the operator and/or distributor
is properly in receipt of a use permit and/or business license.
(Ord. 899 § 2, 1982)
Any person who uses or permits the use of a coin-operated amusement
device for any unlawful purpose or in violation of any provision of
this chapter shall forfeit any and all use permits and/or business
licenses authorizing the operation and/or distribution of coin-operated
amusement devices in this city, and related permits or business license
fees paid by such holder to the city.
(Ord. 899 § 2, 1982)
