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HomeMy WebLinkAbout1128y L- ORDINANCE NO. 1128 (1988 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 5.52 OF THE MUNICIPAL CODE, ELECTRONIC GAME AMUSEMENT CENTERS, AND CHAPTERS 17.04, 17.08, AND 17.22 OF THE ZONING REGULATIONS WHEREAS, the Planning Commission and the City Council have held hearings to consider amendments to the Municipal Code regarding electronic game amusement centers as indicated in the attached administrative draft labeled Exhibit "A" in accordance with the California Government Code; and WHEREAS, the City Council finds that the proposed amendments are consistent with the general plan; and WHEREAS, the proposed amendments have been evaluated in accordance with the California Environmental Quality Act and found to be categorically exempt; and WHEREAS, the proposed amendments promote the public health, safety, and general welfare; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the amendments to Chapter 5.52, Electronic Game Amusement Centers, and Chapters 17.04, 17.08, and 17.22 of the Zoning Regulations of the San Luis Obispo Municipal Code, attached hereto marked Exhibit "A" and included herein by reference, be approved. SECTION 2. After City Council review and consideration, the determination of the Community Development Director that the proposed amendments are found to be categorically exempt is hereby confirmed. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. 01128 F Ordinance No. 1 128 (1988 Series) Page 2 A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED by the Council of the City of San Luis Obispo, at its meeting held on the 6th day of December , 1988, on motion of Councilwoman Pinard ,seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin NOES: Councilman Settle ABSENT: None Mayor Ron Dunin ATTES V City klerk Pam V s APPROVED: (!Cittydmi�nistrative Officer ity Attyney Community Development Director EXHIBIT "A" Administrative Draft Chapter 552 ELECTRONIC GAME AMUSEMENT CENTERS Sections: 5.52.010 Definitions. 5.52.020 License — Required— Grounds for denial— Fee— Renewal- Application— Investigation. 5.52.030 Council's determination final. 5.52.040 Facility and operation requirements. 5.52.050 Inspection. 5.52.060 Establishment name. 5.52.070 License Transfer prohibited. 5.52.080 License Display required. 5.52.090 License Revocation and suspension. 5.52.100 Existing centers — Applicability of provisions. 5.52.110 Interpretation of provisions. 5.52.010 Definitions. For the purposes of this chapter, the following words and terms having the meanings given them in this section: A. "Electronic game" means a coin - operated machine or device offered to the public as a game or amusement, the object ofwhich is to achieve a high or low score based on the skill of the player. B. "Electronic game amusement center" means any premises having thereon available four or more electronic games. C. "Person" means an individual, firm, asso- ciation, partnership, corporation, joint venture or combination of individuals. (Ord. 946 § 1 (part), 1983: prior code § 4950) Admin. Draft Page 2 5.52.020 License - Required- Grounds for denial- Fee - Renewal - Application- Investigation. A. Required. I.t is unlawful for any person to engage in, conduct, or carry on the operation of an electronic game amusement center without the license obtained from the Police Department ¢¢Afyh as required by this chapter. An electronic game amusement center license (hereinafter "license ") shall be issued to any person who has complied with the requirements of this chapter and all other applicable provisions of this code, including application for and granting of a use permit throupah the Community Development Department, unless grounds for denial of such license are found to exist. Grounds for denial include: Material misstatement in the application for license; The operation as proposed would not comply with all applicable laws including, but not limited to, all city laws; 3. The operation as proposed would be contrary to the public health, safety or welfare; 4. The applicant is lacking in the background and qualification to conduct an electronic game amusement center; 5. The applicant has, within the previous three years, been convicted of a violation of any provision of this chapter or of any similar law of another public agency which regulates operation of electronic game amusement centers. B. Fees. Application for a license shall be accompanied by a nonrefundable fee as established by the council. The fee shall be in an amount sufficient fully to defray administrative costs incurred in the processing of an application, and shall not be in lieu of other fees or taxes, including business license taxes, required by this code. C. Annual Renewal. A license shall be renewed with a chanize in ownership so that reauired background checks of applicants can be conducted OAWO/Y. A nonrefundable renewal fee shall be established by the council with due consideration to the terms of subsection B of this section. D. Application. An initial application for license shall be made with the community development director and shall be accompanied by an application for use permit as required by Division I of Title 17. Notice and hearing requirements for an initial application shall be as required for the use permit application. Application for O �y license renewal shall be made with the Chief of Police 1`¢ �I�► dt`¢¢/¢`/ tfi'�h�''1/�¢;�i'vl,f/'�',/,��,t If after investigation the Chief of Police finds significant changes in operation or ownership, the Chief of Police shall Y¢Y1W Y14YW41Of refer the license renewal to the Community Development Director With referral of a license renewal to the director, the use permit shall be scheduled for a public hearing. Notice and hearinp, requirements shall be as required for the initial application. At the hearing use permit conditions may be added deleted or modified or the use permit and license may be revoked Admin. Draft Page 3 2. Applications, both initial and renewal, shall be signed by the applicant(s), shall set out the place of business and shall furnish the following information: a. The previous address of each applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence of each; b. Written proof that each applicant is at least eighteen years of age; c. A statement that the applicant(s) shall allow the police department official to take the photographs and fingerprints of all applicant(s); d. Each applicant's height, weight, color of eyes and hair, and date and place of birth; e. Business, occupation, or employment history of the applicant(s) for the three years immediately preceding the date of the application; f. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation along with the amount of stock held. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant also shall apply. Any information required to be furnished by this section may be required of any individual named under the terms of this subsection; g. The names and residence address of all persons currently employed or proposed to be employed in the electronic game amusement center along with a description of the proposed or actual nature of the work performed or to be performed and recent passport -size photographs of each employee, suitable to the Chief of Police ¢f l thi�Cj'$}�¢�9'd Y t�, ���If�l`• The Chief of Police 411toot0X Of �0911AlhIiOY OtltldpiAoof shall require each such employee to have fingerprints taken by a police department official for the purpose of identification. Any applicant or licensee shall notify the city in writing of the names and addresses of new employees and shall supply such photographs of any new employees within five days of employment. Within five days of employment new employees shall allow fingerprints to be taken for identification purposes; h. A statement that the electronic game center for which the license is sought is not intended to be, and will not be permitted to be used for any gambling purposes whatsoever; i. A complete description of the electronic games, and the manner in which they are to be placed and operated; j. A statement of the total number of such electronic games and devices currently on the premises, if any, and a description of each; k. A statement of the applicant's interest in, or title to, the electronic games currently on the premises; 1. Such other information as may be deemed necessary by the �d�'¢¢yd�i,4f/ �b�d1�i►dYY 0AAMAj5M0At14AA1 AA chief of police. Admin. Draft Page 4 E. Investigation by the Chief of Police. The application shall be referred to the chief of police for the purpose of investigation and the chief of police shall have thirty days to investigate the application. At a minimum the chief of police shall determine whether any applicant has a criminal history, and based thereon and any other information which bears on the proposed operation, shall provide recommendation to the community development director.4AA/Xt ,E /¢0,6,Wki/ (Ord. 946 - I (part), 1983: prior code - 4951) 5.52.030 License issuance. The decision of the Chief of Police ¢044,,6; to grant or deny a license application is final, unless referred to or appealed to the council. Granting of a license shall be subject to any reasonable conditions imposed by the Chief of Police ¢0V. In no case will a license be issued until required use permit approval has been granted in accordance with Sections 17.08.100 and 17 22 010 of this code (Ord. 946 - I (part), 1983: prior code - 4952) - .52.040 Facility and operation requirements. 11 electronic game amusement centers ( re- inaft r referred to in this section as "ce ers ") shall mply with the following requir ments and rest 'ctions: A. Ce en shall comply with all pplicable laws; B. No ce er shall be allowed: 1. Within e thousand feet f the exterior li mits of any pu is or private el mentary school, junior high schoo or high sc 1; 2. Within five h ndred eet of the exterior limits of a PF distri or a y district where resi- dential use is the prin permitted use; 3. Within five hun feet of the exterior limits of any premi s ereon the principal business is the sale cons ption of alcoholic beverages, includi g, but no limited to, bars, taverns and liqu stores; 4. Within o thousand feet f the exterior limits of any o er premises occupi by another center, C. No rson under eighteen years age may enter, be r remain in a center during s h time as the S Luis Coastal Unified School Di rict is cond ting its regular daytime educ ion . Centers shall have at least one responsib� a 1t supervisor on duty at all times, whose pn- ary responsibility shall be supervision of elec- tronic game play; Section 5.52.040 moved to Section 17.08.100 of the Zoning Regulations as amended (see pages 7 & 8 of this administrative draft). Admin. Draft Page 5 Noise attenuation measures shall be take as r ired by the council: F. person under eighteen years of a may play elect nic games at a center locate It a place of business here alcoholic beverag are sold. served or cons ed; G. Bicycle ra s shall be p vided within twenty -five feet of a v center d shall provide at least one bicycle stall r ea electronic game in the center, H. Centers shall be o from two a.m. to six a.m. and for such her tim s and the council may require; I. Adequat space shall be pro ided for each electronic me so as to allow its se without overcrow ing; J. P king shall be as required by the per- mit r a center. (Ord. 946 § I (part), 1983: nor c e § 4953) . 5.52.050 Inspection. Anv and all investigating officials of the cite shall have the right to enter electronic came amusement centers from time to time dunnE regular business hours and on such periodic bases as may be required by the council as a condition of approval of the license. to make reasonable inspections to observe and enforce compliance with the provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 946 § I (part), 1983: prior code § 4954) 5.52.060 Establishment name. No person licensed to operate an electronic game amusement center shall operate under any name or conduct business under any designation not specified in the license. (Ord. 946 § 1 (part). 1983: prior code § 4955) 5.52.070 License — Transfer prohibited. No license issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those therein mentioned engaged in the enter- prise for which the license is issued. As used in this section, "transfer" includes, but is not lim- ited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to Section 5.52.020. Admin. Draft Page 6 including transfer of more than five percent of the stock of any corporation. (Ord. 946 § 1(Part), ` 1983: prior code § 4956) 5.52.080 License — Display required. The owner or operator of an electronic game amusement center shall display the center license in an open and conspicuous place on the prem- ises. (Ord. 946 § 1 (part), 1983: prior code § 4957) 5.52.090 License - Revocation and suspension. Any license granted under this chapter may be suspended or revoked by the Chief of Police ¢¢NM; for violation or breach of any applicable code provision or condition of issuance. (Ord. 946 - 1 (part), 1983: prior code - 4958) 5.52.100 Existing centers — Applicability of provisions. These regulations shall not apply to any center lawfully operating on the effective date of the ordinance codified in this chapter. Provided, however, that a significant change in operation or ownership of a center shall result in all. provisions of this chapter applying to the center. "Signifi- cant change" shall include, but not be limited to, an increase in number of electronic games on premises. (Ord. 946 § i (part), 1983: prior code § 4959) 552.110 Interpretation of provisions. Nothing in this code shall be construed to authorize, legalize or permit gambling or gam- bling devices not permitted by state law. (Ord. 946 § 1 (part), 1983: prior code § 4960) Admin. Draft Page 7 - Amendments to Chapter 17.04, Definitions: 17.04.160 Electronic game /electronic game amusement center. "Electronic game" means a coin - operated machine or device offered to the public as a game or amusement, the object of which is to achieve a high or low score based on the skill of the player. "Electronic game amusement center" means any premises having thereon available four or more electronic games. See also Chanter 5.52 electronic game amusement centers. (Ord. 946 - 3.1983: prior code - 9204.11 (part)) Add to Chapter 17.08, Uses Allowed in Several Zones: 17.08.100 Electronic Game Amusement Centers During the processing of the required use permit for an electronic game amusement center (see Section 17.04.160, Definitions), the appropriateness of the proposed location and possible land use conflicts created by the use shall be evaluated. All electronic game amusement centers (hereinafter referred to in this section as centers) shall be licensed in accordance with Chanter 5.52 of this code and shall comply with the following requirements and restrictions: A. Centers shall comply with all applicable laws and conditions of use hermit annroval• B. No center shall be allowed: Within one thousand feet of the exterior limits of any public or private elementary school, junior high school or high school; 2. Within five hundred feet of the exterior limits of a PF district or any district where residential use is the principal permitted use; 3. Within five hundred feet of the exterior limits of any premises whereon the principal business is the sale or consumption of alcoholic beverages, including, but not limited to, bars, taverns and liquor stores; 4. Within one thousand feet of the exterior limits of any other premises occupied by another center; C. No person under eighteen years of age may enter, be or remain in a center during such time as the San Luis Coastal Unified School District is conducting its regular daytime education program; D. Centers shall have at least one responsible adult supervisor on duty at all times, whose primary responsibility shall be supervision of electronic game play; E. Noise attenuation measures shall be taken as required by conditions of use hermit anaroval: 00 /�Vo &jX F. No person under eighteen years of age may play electronic games at a center located a place of business where alcoholic beverages are sold, served or consumed; Admin. Draft Page 8 G. Bicycle racks shall be provided within a reasonable distance f OOY of any center and shall provide at least one bicycle stall for each electronic game in the center. H. Centers shall be closed from two a.m, to six a.m. and for such other times ?s required by conditions of the use permit, EjSe /¢¢�yfygryl /yfy}//r�Jq''q'�; I. Adequate space shall be provided for each electronic game so as to allow its use without overcrowding; J. Parking shall be as required by the use permit for a center. (Ord. 946 - 1 (part), 1983: prior code - 4953) K. Facility and operation exceptions Exceptions to any of the requirements listed in this section may be considered during the use permit review process provided the following findings can be made' 1 The requested exception to the facility and operation requirements will not affect the ability of the electronic game amusement center to be compatible with surrounding land uses. 2. The requested exception to the facility and operation requirements will not encourage school -age children from frequenting the electronic game amusement center while the San Luis Coastal Unified School District is conducting its regular daytime education program. The purpose and intent of the facility and operation requirements are still met with the approval of the requested exception Amend Table 3, Uses Allowed by Zone, Chapter 17.22 of the Zoning Regulations as follows: Table 9 US" Allowed by Zone R -i R -2 R -3 R-4 I COS O" 1 PF I C -N I C-C C -R C -T CS I M ;lectronic Game amusement enter PC =':' PC PC PC prgenfiles /chap552 AW Ordinance No. 1128 FINALLY PASSED this 20th (1988 Series) day of December 1988 on motion of Councilwoman Rappa seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: Councilman Settle ayor Ron Dunin ATTEST: PP` _ City Jerk Pam vog C .� . � ,.