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HomeMy WebLinkAbout0932ORDINANCE NO.. 932 (1982 Series) INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF ELECTRONIC GAME AMUSEMENT CENTERS FOR A PERIOD OF EIGHT MONTHS WHEREAS, there are at least three electronic game amusement centers now operating pursuant to conditional use permit within the City of San Luis Obispo; and WHEREAS, electronic game machines and electronic game amusement centers are a novel and increasingly popular activity; and WHEREAS, it has been the experience of numerous other cities that electronic game machines and electronic game amusement centers may sometimes have objectionable characteristics and potentially deleterious effects on adjacent areas and uses, such as: 1. Attraction of a large number of juveniles and a consequent increase in social problems such as loitering, littering and minor vandalism; 2. Decrease in patronage of adjacent commercial uses caused by a congre- gation of a large number of juveniles and parking of bicycles blocking walkways and store entrances; 3. Adverse impact on nearby residential land uses caused by excessive noise and latelhours of operation during weekends; WHEREAS, other cities have adopted special regulations pertaining to electronic game machines and electronic game amusement centers in order to ensure that the above - described adverse effects do not contribute to blighting or downgrading of surrounding uses of neighborhoods; WHEREAS, based on the experience of other cities, the City Council finds that the best interest of the City would be served by a study of the actual and potential adverse impace of electronic game machines and electronic game amusement centers on adjacent areas and uses, and the adoption of special regulations to alleviate such adverse impacts; and 0 -932 Ordinance No. 932 (1982 Series) herein. WHEREAS, the City Council previously has imposed a moratorium as described NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 65858 of the California Government Code, the City Council hereby extends for 8 months the moratorium imposed by Ordinance 922 on the issuance or granting of any permit or other entitlement which would enable or assist the establishment of any electronic game amusement center. SECTION 2. For the purpose of this moratorium, an "electronic game" is defined as any electronic or mechanical device, including, but not limited to, video or computer games, which upon insertion of a coin, slug or token in any slot or receptacle attached to the device, or connected therewith, operates, or which may be operated, for use as a game, contest, or amusement, through the exercise of skill or chance. SECTION 3. For the purpose of this moratorium, "electronic game amusement center" is defined as' (a) Any premises where four or more electronic games are located; or (b) Any premises where more than fifty percent of the public floor area is devoted to electronic games, regardless of whether such electronic games constitute a primary or incidental use of the premises. SECTION 4. This ordinance is declared to be an ordinance for the immediate protection and preservation of the health, safety and general welfare of the community. Facts in support of the urgency of this ordinance are as follows: (a) An urgency moratorium measure is necessary to prevent the establishment of electronic game amusement centers in areas incompatible with their use, and thereby, to avoid the experience of other municipalities as described in the recitals above. -2- Ordinance No. 932 (1982 Series) (b) At least three conditional use permits have been granted for the establishment of electronic game amusement centers within the City; unless this ordinance is passed immediately, there is a strong likelihood that other such electronic game amusement centers will be established without adequate study as to their proper location, number, licensing and other general regulation. SECTION 5. The provisions of this ordinance shall not apply to applications to operate electronic game amusement centers made on or before the date of passage of this ordinance. SECTION 6. City staff members have studied the experience and regulatory responses of other cities with respect to the described problems attendant with electronic games and electronic game amusement centers, and based on those studies, Council has directed preparation of an ordinance regulating electronic game amusement centers. That ordinance is presently being prepared. SECTION 7. This ordinance being an emergency ordinance for the immediate protection and preservation of the public health, safety and general welfare, containing a declaration of the facts constituting the urgency and passed by a four- fifths (4/5) vote of the council shall take effect immediately pursuant to Charter Section 605 and shall continue in effect for a period of elght(8) months. SECTION 8. This ordinance may be rescinded by the City Council at any time by a majority action of this council. INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo at a meeting held on the 13th day of July , 1982, on motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: -AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle -3- -mocl4 elv- 1'I uhl (lo �� l Y t Ordinance No. 932 (1982 Series) ATTEST: CITY ERK PAMELA VOGE APPROVED: City Administrative Offficerl City Attorney Dir ctor of omMunity Development MAYOR ANIE C. BILLIG -4- y i