(Legislative History: Ordinance No. 75-17; Ordinance No. 78-54; Ordinance No. 82-057, 8/2/82; Ordinance No. 82-079, 9/20/82; Ordinance No. 91-024, 12/2/91 (Section 4-3-315); Ordinance No. 2011-006, 4/4/11 (Section 4-3-360))
Any application for any mechanical or electronic amusement device license shall be accompanied by a nonrefundable fee established by resolution of the City Council. The application fee shall be used to defray the costs of investigation and report, and is not in lieu of any other fees or taxes required under this Code.
Mechanical or electronic amusement device licenses required by this Chapter shall be issued for one year, or portion thereof, commencing January 1, of each year, and shall not be transferable.
Any license issued pursuant to this Chapter shall be posted in a conspicuous place in close proximity to the machines. Such license shall show the license number, the number of amusement devices and the date of expiration of the same, in addition to whatever additional information is deemed necessary.
It shall be unlawful for any person to operate or maintain any amusement center in any business establishment without first having obtained a conditional use permit for the appropriate zoning districts where such amusement centers may be located under the provisions of the Zoning Code of the City of San Leandro. The issuance of a conditional use permit shall be a prerequisite to and in addition to the requirements for obtaining a mechanical or electronic amusement device license, as provided in Sections 4-3-300 and 4-3-305.
Any business establishment containing mechanical or electronic amusement devices or which establishments would have qualified as amusement centers as of April 19, 1982, shall have until 60 days from the effective date of this Chapter to conform to the provisions hereof. The person owning or operating said business establishment shall have the burden of establishing the precise number of devices located on the premises as of April 19, 1982.
During the academic year for public schools within the City of San Leandro corporate limits, no person under 18 years of age shall play or use any mechanical or electronic amusement device in any business establishment between the hours of 7:00 a.m. and 3:00 p.m., except during school holidays or Saturday and Sunday, nor at any time between the hours of 10:00 p.m. and 7:00 a.m. of the following day unless accompanied by a parent or legal guardian. Any person owning, operating or employed in any business establishment where a mechanical or electronic amusement device is kept or used shall refuse to allow any person under 18 years of age unaccompanied by a parent or legal guardian to play or use such devices between the above stated hours. A sign specifying the above hours and age restrictions shall be conspicuously posted at the location of the devices in the business establishment.
Every business establishment where a mechanical or electronic amusement device is kept or used shall be located and designed and lighted so that a complete view of the interior portion thereof devoted to such devices is available at all times from an adjacent street or exterior walkway area. Provided, that no structural alteration of any public place where a mechanical or electronic amusement device is kept or used in existence and operation on the effective date of this Chapter shall be required.
No person shall place, allow, keep, maintain, permit, or locate any mechanical or electronic amusement device within 300 feet of the nearest boundary of the ground of any school in the City of San Leandro.
No person shall keep or use in any public place any mechanical or electronic amusement device equipped with any device which records free games won and is equipped to allow cancellation of free games won without the actual playing of said free games by the player.
No person shall keep or use in any public place any game or device commonly known as a "claw," "scoop," or "grab" machine or any automatic pay-off machine the operation, use, or play of which is controlled by placing therein any coin, plate, disk, plug, key, or other device, or by the payment of fee.
Notwithstanding any provisions of this Chapter to the contrary, it shall be unlawful for any person to install, operate or maintain any mechanical or electronic amusement device in any public place wherein the principal business being conducted is the sale of alcoholic beverages for off-sale consumption.
Any application for a license may be denied and any license issued pursuant to this Chapter may be revoked or suspended by the Finance Director or the Police Chief for violation of any provisions of this Chapter, or for any other reason hereinafter in this Chapter specifically provided. An applicant or permittee may appeal the decision of the Finance Director or the Police Chief concerning the denial, revocation or suspension of a license pursuant to the provisions of Article 4 of Chapter 1-12 of the San Leandro Municipal Code.