For the purposes of this chapter, the following words and terms
shall have the meanings indicated in this section, unless otherwise
expressly stated or the context clearly indicates a different intention:
Amusement Game Arcade.
1.
Any premises containing any combination of 20 or more amusement
game machines whether or not said machines constitute the primary
use or an accessory use of the premises.
2.
Any reference to "arcade" in this chapter shall mean an amusement
game arcade.
3.
Amusement game arcade includes, but is not limited to, any premises
which has 20 or more amusement game machines where access or admittance
to the amusement game machine or machines is allowed, upon payment
of money or any other thing representative of value, whether or not
such money or other thing representative of value is inserted into
the machine.
Amusement Game Machine.
Any electronic or mechanical device which operates, or may
be operated, through the exercise of skill or chance, as a game, contest,
or for amusement, when such operation results from the payment or
insertion of a coin, dollar bill or other thing representative of
value, in any slot or receptacle attached to the device, or connected
to the device or which provides access to the device.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. Permit
required. It is unlawful for any person to use or permit the use of
any building or portion thereof as an amusement game arcade unless
an arcade permit has been issued pursuant to this chapter for the
operation of that arcade and there is compliance with all conditions
of that permit.
B. Compliance.
It is unlawful for a person to violate any provision of this chapter
or any rules and regulations duly adopted pursuant thereto.
C. The
permits and fees required by this chapter shall be in addition to
any other permits, licenses, fees, approvals or requirements of any
other City or State law.
D. Nothing in this chapter shall be deemed to regulate those businesses defined in Chapter
5.68, Pool and Billiard Rooms.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. Minimum
floor area requirements. No more than one amusement game machine shall
be permitted in an arcade for every 20 square feet of floor area.
B. Aisles
required. The aisles in arcades shall be a minimum of five feet in
width.
C. Bicycle
parking spaces required. Arcades shall be required to provide bicycle
parking spaces as determined by the City Parking and Transportation
Division and as described in administrative regulations for such parking
adopted by the City Parking and Transportation Manager.
D. Lighting.
The lighting in the arcade shall be adequate so that all places in
the interior of the arcade are easily visible.
E. Visibility.
All amusement game machines in an arcade shall be visible from a place
on the first floor of the arcade that is within 15 feet of the main
entrance of the arcade.
F. Toilets.
All arcades shall have adequate toilet facilities for use by their
patrons.
G. Adult
supervision. An arcade shall be supervised by a manager who is at
least 18 years old and is on the premises at all times the arcade
is open for business. A sign with the name of this manager must be
displayed in a conspicuous place near the main entrance of the arcade
while the arcade is open for business so that the sign identifies
the manager for the patrons of the arcade.
H. Security
plan. An arcade must comply with a security plan that has been approved
by the Chief of Police.
I. Persons
under age of 16 years. Persons under the age of 16 years are not permitted
in arcades during regular public school hours unless they are accompanied
by their parent or guardian.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. Filing
with tax and permit inspector. A complete application for a permit
to operate an arcade and any required fee shall be filed with the
City Tax and Permit Inspector. If the application is not complete,
the Tax and Permit Inspector shall return the application to the applicant
and summarize in writing the inadequacies contained therein.
B. Issuance
required for operation and posting of notice of application. Neither
the filing of an application nor the payment of any fee shall authorize
the operation of any arcade.
C. Posting
of notice of application. Upon the acceptance of a completed application
by the City, the City Tax and Permit Inspector shall provide a written
notice to the applicant (in a form adopted by the City for such purposes)
which notice shall be prominently posted on each street frontage of
the building in which the proposed arcade is to be operated.
1. The
notice shall advise the public of its right to have the application
determined by the Chief of Police pursuant to the procedural requirements
of this section. Said notice shall be posted and maintained on the
building frontage in a manner acceptable to the Tax and Permit Inspector
for a period of not less than 14 days immediately after acceptance
of the completed application.
2. The
notice shall state that any comments to be reviewed must be sent to
the Chief of Police in writing.
D. Required
information. Each application for an arcade shall contain the following
information:
1. The
names, addresses and telephone numbers of all owners of the arcade
and all owners and lessees of the premises on which the arcade will
be located.
2. The
present or proposed address where the arcade will be operated.
3. The
name under which the arcade will be operated.
4. The
zone in which the arcade will be operated.
5. The
number of amusement game machines for which the permit is sought.
6. The
square footage of the floor area of the premises in which the arcade
will be located.
7. A
plan of the premises where the arcade will be located. This plan shall
be drawn to scale and shall show:
a. Dimensions of premises in which amusement game machines will be located.
b. Location and dimensions of offices, restrooms and storage areas.
c. Areas where amusement game machines will be located.
8. A
proposed security plan.
9. Necessary
information, including business license information, for the business
to which the arcade is accessory, if applicable.
10. Such other information as the Police Chief may reasonably require.
E. Review
by departments.
1. After
receipt of a completed application, the Tax and Permit Inspector shall
immediately submit the application to the Police, Community Development
and Fire Departments and to the Parking and Transportation Division
of the Public Works Department for a review of compliance with the
applicable laws and regulations.
2. The
Director of Community Development shall advise the Police Chief if
the proposed operation will or will not comply with all applicable
laws and regulations pertaining to zoning, building, and any required
design review.
3. The
Fire Marshal shall advise the Police Chief if the proposed operation
will or will not comply with all applicable laws and regulations pertaining
to fire safety.
4. The
Parking and Transportation Division shall advise the Police Chief
if the applicant's plans for the required bicycle parking are satisfactory
and, if not, what steps must be taken to provide the necessary bicycle
parking.
F. Action
by police chief.
1. Applications
for an Amusement Game Arcade Permit shall be determined by the Police
Chief.
2. Within
30 days of the City's acceptance of a completed application for a
proposed amusement game arcade, the Police Chief shall review the
information received from the Director of Community Development, Fire
Chief and the Parking and Transportation Division and shall make a
decision for either (a) approval, (b) approval with restrictions or
conditions, or (c) denial of the application.
3. If
the Police Chief determines that the application would comply with
all applicable laws and regulations, he or she shall grant approval
or approval with the necessary conditions. If the Police Chief does
not approve the arcade permit, he or she shall give the applicant
written notice of the reasons for denial. No permit shall be denied
without specific written findings relating to concerns for the public
health, welfare, and safety relating to the applicant or the proposed
location and shall explain how such concerns have not been adequately
addressed by the applicant.
4. Any
application not acted upon within 30 days of the acceptance of the
completed application shall be deemed approved.
G. Issuance
of permit. After approval of a permit by the Chief of Police, the
Tax and Permit Inspector shall issue an amusement game arcade permit
if all necessary permits and licenses to conduct business have been
issued and all necessary fees have been paid.
H. Specific
location and maximum number of amusement game machines. An arcade
permit is only valid for the premises for which it was issued and
is limited to the maximum number of amusement game machines set forth
in the permit.
I. Transfer
prohibited. An amusement arcade permit cannot be assigned or transferred
without the written approval of the Police Chief, but the Police Chief
shall not unreasonably withhold such approval.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
A. Appeal. All decisions of the Police Chief pursuant to this chapter are appealable to the Board of Fire and Police Commissioners. Such appeal shall be in writing and filed with the Commission pursuant to the provisions of Section
1.30.050 of this code.
B. Appeal to the city council. All decisions of the Board of Fire and Police Commissioners pursuant to this chapter are appealable to the City Council pursuant to the provisions of Section
1.30.050 of this code.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995; Ord. 5136, 1999)
The Chief of Police is authorized to grant modifications of
the requirements of this chapter for a specific arcade if he or she
determines that the modification of those requirements would not be
detrimental to the public peace, safety, or general welfare as it
specifically relates to the applicant or the location of the arcade.
Such modifications may contain conditions that are consistent with
the above determinations.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
The Board of Fire and Police Commissioners shall have the authority to review any arcade permit to determine if the arcade has complied with all provisions of this chapter and any conditions of its permit. If, after written notice to the Permittee and a hearing thereon, the Board of Fire and Police Commissioners determines that the arcade Permittee has failed to so comply, the Board of Fire and Police Commissioners may suspend or revoke the arcade permit upon making specific findings with respect to the need for the suspension or revocation with regard to public health, and safety and welfare. The amusement game arcade permit holder may appeal such suspension or revocation to the City Council pursuant to the provisions of Section
1.30.050 of this code.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)
Any fees for any permits, hearings or other matters related
to this chapter may be established by resolution of the City Council.
(Ord. 4205, 1983; Ord. 4791, 1992)
The Chief of Police may adopt rules and regulations for the
implementation and interpretation of this chapter and such rules and
regulations shall not be effective until approved by resolution of
the City Council. Such regulations may include, but are not limited
to, administrative procedures or an expedited review of license applications,
administrative procedures prescribing when and under what circumstances
a criminal background history check will be required of license applicants
and may include regulations governing the hours of operation, noise
and any required lighting at arcade locations.
(Ord. 4205, 1983; Ord. 4791, 1992; Ord. 4909, 1995)