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HomeMy WebLinkAbout11/01/1988, 6B - CONSIDERATION OF AMENDMENTS TO CHAPTER 5.52 OF THE MUNICIPAL CODE, ELECTRONIC GAME AMUSEMENT CENTERS, AND RELATED ADDITIONS TO TITLE 17, ZONING REGULATIONS. IIIII�I�III��IIIIII`III jIIIIIU "7 r MEETING DATE: I►iinuil ci o san lues oBispo 11-1-8$ go COUNCIL AGENDA REPORT ITEM NUMBER: FROAt Michael Multari, Community Development Director Prepared by: Pam Ricci PR SUBJECT: Consideration of amendments to Chapter 5.52 of the Municipal Code, Electronic Game Amusement Centers, and related additions to Title 17, Zoning Regulations. CAO RECOMMENDATION: Introduce ordinance to print in summary form as recommended. DISCUSSION: In 1983, the city council adopted Ordinance 946 which established requirements for the operation of electronic game amusement centers. The ordinance has been incorporated into the Municipal Code as Chapter 5.52. An electronic game amusement center is defined in the code as any premises containing four or more electronic games. The ordinance requires that prior to an electronic game amusement center being established that both a license and a use permit be obtained from the council. The license component is required to provide a background check on the applicant, while the use permit addresses compatibility issues. The city's electronic game amusement center ordinance, like similar ordinances in other cities is designed to insure that centers are appropriately located and that there is adequate adult supervision within centers. Last year, the city council reviewed and approved a license/use permit application to allow a game arcade in the Central Coast Plaza in accordance with Chapter 5.52 of the Municipal Code. Members of both the council and city staff indicated that city council review of such requests was probably not warranted and could satisfactorily be handled through an administrative or planning commission use permit process. The council directed staff to bring back possible revisions to the ordinance that addressed processing requirements and concerns with loctational and operational criteria. On July 27, 1988, the Planning Commission discussed proposed amendments to the Municipal Code regarding electronic game amusement centers. They directed staff to prepare an administrative draft of code amendments and forward it to the council. SIGNIFICANT IMPACTS Proposed amendments do not significantly affect the contents of the regulations; they are intended primarily to clarify processing requirements for game centers. The main processing change that would result is that all permits would not require council review. The amendments have been determined to be categorically exempt from CEQA since they do not affect the location where centers may be established or the criteria that they are judged by. CONSEQUENCE OF NOT TAKING THE RECOMMENDED ACTION Current ordinances would stand. All permit requests for game centers would continue to require council approval. I�►H�i�u��IIIIIBIIp° � N MY of san Luis OBISp0 COUNCIL AGENDA REPORT Game Centers Page 2 EVALUATION The following paragraphs describe what sections of the Municipal Code are being amended and the rationale for the amendments: 1. Chapter 5.52 of the code is kept as an outline of licensing reouirements for centers. There are two distinct processes for establishment of a game center. The use permit review is processed by planning staff and looks at land use issues, while the license is processed through the police department and provides a background check of applicants. To clarify processing requirements, the licensing criteria were leftin Chapter 5.52 and the facility and operation requirements that are more use permit-oriented moved to the zoning regulations. Appropriate cross references have been included in each code section to the other code section for clarity and to insure that the permit and license are obtained concurrently. The primary changes to Chapter 5.52 involve designating the Chief of Police, rather than the council as the approval authority for the required license, and designating the Chief of Police, rather than the Community Development Director as the r responsible party for administrative processing of the license. 2. The Zoning Regulations are amended to clarifv processing and to include performance criteria. a. Definitions have been added to Chapter 17.04 (Definitions section of the zoning regulations) for electronic game and electronic game amusement center. b. Facility and operation requirements (currently Section 5.52.040) have been added to Chapter 17.08 (Uses Allowed in Several Zones) with minor amendments as performance standards for game centers. c. Table 9, Uses Allowed by Zone, has been corrected to show one category for game centers. Currently there are two listings for game centers. One is under amusement arcades and the other under electronic game amusement centers. Table 9 Uses Allowed b Zone I R-1 R-2 R-3 I R4 COS O° PF C44 C-C I C-R i C-T CS M i Amusement arcades (video i games.see Chapter 5.52.Elec- tronic Game Amusement Cen- tersl i PC I D I D D I Electronic game amusement I I I I�I ► anter i � � � I Il D1 D ►►�►�Ilp�pAjjlI city of San LUIS OBISp0 Oft COUNCIL AGENDA REPORT Game Centers Page 3 Staff feels that the use permit requirements and listed zonings under the first category, amusement arcades, is the more appropriate. However, for consistency with Chapter 5.52, staff suggests that the permit requirements for the zonings be listed under the single category entitled electronic game amusement centers. Staff has added game centers as an allowed use in the C-C zone with the approval of an administrative use permit. Apparently game centers were omitted from the allowed uses table because the C-C zone had not been established at the time that the game ordinance was approved. 3. An exception clause has been added to the performance criteria. There is no provision in the current ordinance for any exceptions to facility and operation requirements. Staff has added an exception clause to the facility and operation requirements to accommodate those cases which do not present concerns, but technically do not meet the criteria. Appropriate findings for granting such exceptions as part of the required use permit process are included. ALTERNATIVES 1. Approve the proposed Municipal Code amendments. If adopted, the amendments will return to the council for final passage and will become effective thirty days later. 2. Continue the amendments for further study, clarification or more information. OTHER DEPARTMENT COMMENTS The Police Department has reviewed proposed changes and has indicated its support of the amendments. RECOMMENDATION Adopt the attached draft ordinance as recommended by the Planning Commission. Attachments: Draft Ordinance/Municipal Code Amendments Administrative Draft pr#4:amuse I ORDINANCE NO. (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. ��—4 Ordinance No. (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 day of . 1988, on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk APPROVED: 40tydmLinistrative Officer ity t ney Community Development Director EXHIBIT "A" Administrative Draft Chapter 552 ELECTRONIC GAIME AMUSEMENT CENTERS Sections: 5.52.010 Definitions. 552.020 License—Required—Grounds for denial—Fee—Renewal— Application—Investigation. 5.52.030 Council's determination final. 552.040 Facility and operation requirements. 5.52.050 Inspection. 5.52.060 Establishment name. 5.52.0-70 License Transfer prohibited. 5.52.080 LicenseDisplayrequired. 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 § I (part), 1983: prior code§4950) Admin. Draft Page 2 5.52.020 License-Required-Grounds for denial-Fee-Renewal-Application-Investigation. 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 Police Department OoAi*U 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 through the Community Develooment Department, 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 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 change in ownership so that required background checks of applicants can be conducted $AWK/J. A nonrefundable renewal fee shall be established by the council with due consideration to the terms of subsection B of this section. D. Application. 1. 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 1 of Title 17. Notice and hearing requirements for an initial application shall be as required for the use permit application. Application for $Awy y license renewal shall be made with the Chief of Police ¢¢/gfgfyt/yiJyyt}dy¢yd>�if?y�Y �11V dYdd//➢tYdVi�,�/;its,�y� h�'A',�At►'�f,�¢��/f/dYAhk/��vh'd�Y�M,h'dw+,t�/s'h'�Y1/pt/as >r¢d�4i�¢0/Pdt/4t1'oh �i�l/A#�b41��tidd/#>tgY #'ddJl#���� If after investigation the Chief of Police finds significant changes in operation or ownership, the Chief of Police shall f¢If�G/�y�tyfyadyii refer the license renewal to the Community Development Director ¢aa/e>ail'¢r¢r«/Yd�a,� ►wda>vr� /�r����a� /mt/d¢r��;�r. With referral of a license renewal to the director, the use permit shall be scheduled for a public hearing Notice and hcarina rcouircments shall be as reauired 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; C. 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 Q¢ d l/y,tj�y¢)ylilfyyt;fygh��tt¢f. The Chief of Police d1teolor of �omrtltw)ty ddY!!dp¢iF¢( 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 �]1/¢Qlddbf/C6ttt/d�lttJty dC�4F,1¢pflt) f/ pCy(►fE chief of police. g'V 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.�A4(, AA/>:b WVI/ (Ord. 946 - I (part), 1983: prior code - 4951) 5.52.030 License issuance. ((,bifd►'t17��Ye4pifld►��K1b'dll The decision of the Chief of Police cppEyhiSJ 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 Chicf of Police ¢0AW In no case will a license be issued until reouircd use permit approval has been ¢ranted in accordance with Sections 17.08 100 and 17.22.010 of this code. (Ord. 946 - 1 (part), 1983: prior code - 4952) "32.040 Facility and operation / requirements. 11 electronic game amusement centers( re- inaft r referred to in this section as '*Cc ers") Shall mply with the follo«ine requir menu and res 'ctions: A. Ce ers shall comply with all pplicable laws: Section 5.52.040 moved to Section B. No ce er shall be allowed: 17.08.100 of the Zoning Regulations I. Within a thousand feet f the exterior as amended (see pages 7 & 8 of this limitsofanypu icorprivateel mentaryschool. administrative draft) . junior high schoo or high sc 1: 22. 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 fivehun feet of the exterior limits of anv premi ereon the principal business is the sale cons prion 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 occupt by another center, C. No tson under eighteen years age may enter. be r remain in a center during s h time as the Luis Coastal Unified School Di rict is Gond ting its regular daytime educ ion pro m: . Centers shall have at least one responsib a 11 supervisor on duty at all times. Whose pri- ary responsibility shall be supervision of elec- tronic game play; Admin. Draft Page 5 Noise attenuation measures shall be take asired by the council: : person under eighteen years of a mayplay elect nic games at a center locat ,1 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 pro%ide at least one bicycle stall r ea electronic game in the center: H. Centersshall be o from two a.m.to six a.m. and for such her tim s and the council may require: 1. Adequat space shall be pro ided for each electronic me so as to allow its without overcrow rng; J. king shall be as required by the per- mit r a center. (Ord. 946 § I (part), 1983: rior c e § 4953) 5.52.050 Inspection. Any and all investigating officials of the cit. 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 b,, 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 5.5'_.0?0. ��'/� 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) 552.080 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§ l (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 OOAW; 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 § I (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 Chapter 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 Chapter 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 permit approval: B. No center shall be allowed: 1. 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 permit aooroval: 00/000WY 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; Aconin. Draft Page 8 G. Bicycle racks shall be provided within a reasonable distance t� JNI�kMth/ A�+b foot 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 as required by conditions of the use permit_ ftJSt/�b '9�41/tfi /ribi741t99`. 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 - I (part), 1983: prior code - 4953) K. Facility and operation exceptions. Exceptions to any of the reauircments listed in this section may be considered during the use permit review process provided the following findings can be made: 1 The reauestcd 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 reauested exception to the facility and operation reouirements 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 arc still mct 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 Uses Allowed b+Zone R-1 R-Z R-3 R-4C 0S O" PF C-tV C-CI C-R t C-T CS M i Electronic pme amusement center PCD D D I D ' I prgenfiles/ehap552