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HomeMy WebLinkAbout0946ORDINANCE NO. 946 (1983 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 9.5 TO ARTICLE IV OF THE MUNICIPAL CODE, AMENDING CERTAIN SECTIONS OF CHAPTER 2 OF ARTICLE IX OF THE MUNICIPAL CODE, AND AMENDING VARIOUS OTHER PROVISIONS OF THE MUNICIPAL CODE, ALL RELATING TO REGULATION OF ELECTRONIC GAME AMUSEMENT CENTERS BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 9.5 hereby is added to Article IV of the San Luis Obispo Municipal Code, to read as follows: "CHAPTER 9.5 ELECTRONIC GAME AMUSEMENT CENTERS SECTIONS: 4950. Definitions 4951. Electronic Game Amusement Center License 4952. No Appeal; Condition 4953. Electronic Game Amusement Center Facilities and Operation Requirements 4954. Inspection by Officials. 4955. Establishment Name 4956. Transfer of Interest 4957. Display of Licenses 4958. Revocation, Suspension 4959. Application to Existing Centers 4960. Interpretation. i SECTION 4950. Definitions. For the purposes of this Chapter, the following words and terms have the meanings given them below. (a).Electronic, game. 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. (b) Electronic Game Amusement Center. Any premises having thereon available four or more electronic games. 0. 946 r Ordinance No. 946 (1983 Series) (c) Person. An individual, firm, association, partnership, corporation, joint venture or combination of individuals. SECTION 4951. Electronic Game Amusement Center License. (a) Required. It 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 City Council 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 and6granting of a use permit, unless grounds for denial of such license are found to exist. Grounds for denial include: (1) Material misstatement in the application for license. (2) 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 City 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 annually. A non - refundable renewal fee shall be established by the Council with due consideration to the terms of subsection (b), immediately above. -2- Ordinance No. 946 (1983 Series) (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 Article IX of this Code. Notice and hearing requirements for an initial application shall be as required for the use permit application. Appli- cation for annual license renewal shall be made with the Community Development Director Notice and hearing requirements for the annual renewal shall be as required for the initial application; provided, however, if after investigation the Community Development Director finds no significant changes in operation or ownership, the Director may either approve annual renewal without referral to the Council, or refer it to the Council for approval or denial. 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: (1) 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; (2) Written proof that each applicant is at least eighteen years of age; (3) A statement that the applicant(s) shall allow a police department official to take the:,- photographs and fingerprints of all applicant(s); (4) Each applicant's height, weight, color of eyes and hair, and date and place of birth; (5) Business, occupation, or employment history of the applicant(s) for the three years immediately preceding the date of the application; (6) 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 -3- 0 Ordinance No. 946 (1983 Series) 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. (7) 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 Community Development Director. The Director of Community Development 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. 0* (8) 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. (9) A complete description of the electronic games, and the manner in which they are to be placed and operated. (10) A statement of the total number of such electronic games and devices currently on the premises, if any, and a description of each. (11) A statement of the applicant's interest in, or title to, the electronic games currently on premises. (12) Such other information as may be deemed necessary by the Director of Community Development and the Chief of Police. (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 30 days to investigate the application. At a mimimum the Chief of Police shall determine whether any applicant has a criminal history, and based thereon -4- 'Ordinance No. 946 (1983 Series) and any other information which bears on the proposed operation, shall provide recommendation to the Community Development Director and the City Council. SECION 4952. No Appeal; Condition. The decision of the City Council to grant of deny a license application is final. Granting of a license shall be subject to any reasonable conditions imposed by the Council. SECTION 4953. Electronic Game Amusement Center Facilities and Operation Requirements. All electronic game amusement centers (hereinafter referred to in this section as "centers ") shall comply with the following requirements and restrictions: (a) Centers shall comply with all applicable law; (b) No center shall be allowed: (1) Within 1000 feet of the exterior limits of any public or private elementary school, junior high school or high school; (2) Within 500 feet of the exterior limits of a PF district or any district where residential use is the principal permitted use; (3) Within 500 feet of the exterior limits of any premises where -on the principal business is the sale.or consumption of alcoholic beverages, including but not limited to bars, taverns and liquor stores; (4) Within 1000 feet of the exterior limits of any other premises occupied by another center. (c) No person under 18 years of age may enter, be or remain in a center during such times as the San Luis Coastal Unified School District is conducting its regular daytime education program; (d) Centers shall have on duty at all times at least one responsible adult supervisor whose primary responsibility shall be supervision of electronic game play; (e) Noise attenuation measures shall be taken as required by the Council; -5- Ordinance No. 946 X1983 Series) (f) No person under 18 years of age may play electronic games at a center located at a place of business where alcoholic beverages are sold, served or consumed; (g) Bicycle racks shall be placed within 25 feet of any center providing at least one bicycle stall for each electronic game in the center; (h) Centers shall be closed from 2:00 a.m. to 6:00 a.m. and at such other hours as the Council may require in approving the license; (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. SECTION 4954. Inspection by Officials. Any and all investigating officials of the City shall have the right to enter electronic game amusement centers from time to time during 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. SECTION 4955. Establishment Name. No person licensed to 6perate an electronic game amusement center shall operate under any name or conduct business under any designation not specified in the license: SECTION 4956. Transfer of Interest. 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 engage, in the enterprise for which the license is issued. As used in this section, "transfer" includes, but is not limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to Section 4951, including transfer or more than five (5) percent of the stock of any corporation. SECTION 4957. Display of License. The owner or operator of an electronic game amusement center shall display the center license in an open and conspicuous place on the premises. -6- Ordinance No. 946 (1983 Series) SECTION 4958. Revocation; suspension. Any license granted hereunder may be suspended or revoked by the City Council for violation or breach of any applicable Code provision or condition of issuance. SECTION 4959. Application to Existing Centers. These regulations shall not apply to any center lawfully operating on the effective date of 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. "Significant change" shall include, but not be limited to, an increase in number of electronic games on premises. SECTION 4960. Interpretation. Nothing in this Code shall be construed to authorize, legalize, or permit gambling or gambling devices not permitted by state law." SECTION 2. Part 1 of Chapter_ 1 of Article VI of the San Luis Obispo Municipal Coee is amended to add thereto Section 6110.15 to read as follows: "SECTION 6110.15. Other Regulations. The provisions of this Part are in addition to regulations set out in Chapter 9.5 of Article IV of this Code and, insofar as possible, these provisions shall be construed so as to reconcile them with those regulations. In the event of irreconcilable conflict, however, the provisions of Chapter 9.5 shall prevail." SECTION 3. Section 9204.11 of the San Luis Obispo Municipal Code hereby is amended to add "Electronic Game Amusement Center" to the list of definitions therein, to read: "Electronic game amusement center: as defined in Section 4950 of this Code." SECTION 4. Table 9 entitled "USES ALLOWED BY ZONE" at Section 9202.8 of the San Luis Obispo Municipal Code, hereby is amended to: (a) Delete the use "Amusement arcades (video games)," (b) Add the use "Electronic game amusement center" and (c) Affix the notation "D" in the following zone designation boxes applicable to the Electronic game amusement center use: C -R, C -S. c v Ordinance No. 946 (1983 Series) SECTION 5. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least three (3) 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. 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 intro- duction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 18th day of January , 1983, on motion of Councilwoman Dovey , seconded by Councilman Griffin —31 and on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Settle and Mayor Billig NOES: None ABSENT: Councilman Dunin ATTEST: CITY $LERK PAMELA VOG ty Approved: Ci y Admini —st-r-a- t ivef Offic r City Attorney Dire for of Community Development LQ" k". ft A 1� MAYOR MEL IE C. BILLIG -8- ORDINANCE NO. 946 FINALLY PASSED this 15th (1983 Series) day of February 1983, 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: Councilman Settle ABSENT: None �ylC�y