HomeMy WebLinkAbout12/06/1988, 8 - CONSIDERATION OF AMENDMENTS TO CHAPTER 5.52 OF THE MUNICIPAL CODE, ELECTRONIC GAME AMUSEMENT CENTERS, AND RELATED ADDITIONS TO TITLE 17, ZONING REGULATIONS. Original report continues from 11/15/88 Council meeting.
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���►�HII�IIIII�II�I� ►II�III city of san LUIS OBISPO X2-4-33
ITEM NUMBER: s
COUNCIL AGENDA REPORT
chael Multari, Community Development Director Prepared by: Pam Ricci PR
SUBJECT: P�
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.
111%111j%jjiilllllpjWjjj city of s� i Luis OBispo
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. Chanter 5.52 of the code is kept as an outline of liccnsing rcouirements 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 left in 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
responsible party for administrative processing of the license.
2. The Zoning Regulations are amended to clarify 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 by Zone I R-I I R-2 R-3 R-4 I COS O° PF CKY C-C I C-R J C-T C-SI M
Amusement arcades (video i I
games see Chapter 5.52.Elec-
tronic Game Amusemmi Ccn-
I D D I D
las) I PC I
I
Electronic game amusement I I I ! I D D
center I
111'1111111%Rljjl city of san luizo oBispo
=IS 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.
Ordinance No. (1988 Series)
Page 2
A copy of the full teat 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:
(oL::�=-
dministrative Officer
ity Atthiney
ur
00,
Community Development Director
EXHIBIT "A"
Adltainistrative Draft
Chapter 552
ELECTRONIC GAINIE
AMUSEMENT CENTERS
Sections:
552.010 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.
552.050 Inspection.
5.52.060 Establishment name.
5.52.070 License Transfer prohibited.
552.080 License---Display required.
5.52.090 License—Revocation and
suspension.
5.52.100 Existing centers—Applicability
of provisions.
5.52.110 Interpretation of provisions.
552.010 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 of which 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
552.020 License-Required-Grounds for denial-Fee-Renewal-Application-Investrgation.
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 ¢0AI*ij 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 Development 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
reauired background checks of applicants can be conducted $ aO/J. A
nonrefundable renewal fee shall be established by the council with due consideration
to the terms of subsection B of this scction.
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 $/wqt y
license renewal shall be made with the Chief of Police ¢d7ffdltNkYdY¢V9dtlY44V
d�rV¢Y9rV/l PWdGi��l��Y '��'A',�,44r�f,�>`!►,t�l4dV
¢��d�¢kl/Xdt/Vhdh �t�yetib >���d�/##d� #4d�1► ���fi If after investigation the
Chief of Police finds significant changes in
operation or ownership, the Chief of Police shall dJ✓✓¢dygV,fy,¢,�/p�}7�¢d/�d¢�ppC/¢(�fyt/�y
f¢1f4,G1y1-YY g(Ot refer the license renewal to the Community Development Director
¢d> J/�v1/t¢X¢ ! /idotd¢rUYbt/V�>s�p�/v1/� /d¢�J�1 With referral of a
license renewal to the director, the use permit shall be scheduled for a public
hearing. Notice and hearing 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
¢¢ ir/yp�y¢{�li¢yg4tyt�i ��t¢t• The Chief of Police dittolot pf totnrfttiaity
devdldprAt Of 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 dccmed necessary by the t]dr¢didd�f/�bhi4ldty
chief of police. te.47
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 director4d,4 AA,C/>`bpfyJ/ (Ord. 946 - I (part),
1983: prior code - 4951)
5.52.030 License issuance. 'd1`r1J�fyk�t�¢j��l'ybq�f�il1�
The decision of the Chief of Police �¢ iJ 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 OOMW. In no
case will a license be issued until reauircd use permit approval has been granted 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 ce/reinatt r referred to in this section as )
shalmply with the folloKine rea
and res ctions:A. Ce ers shall comply Kith _lle
laws: Section 5.52.040 moved to Section
B. No cc 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
I imits of any pu icor private el mentary school. administrative draft) .
junior high schoo or high sc l:
ft.
2. Within •e h ndred get of the exterior
limits of a PF distri or a y district where resi-
dential use is the prin permitted use:
I Within five hun feet of the exterior
limits of anv premi s ereon the principal
business is the sale cora prion of alcoholic
beverages, includi g, but no limited to, bars.
taverns and liqu stows:
4. Within o thousand feet f the exterior
limits of any o er premises occupt by another
center,
C. No rson undereighteen vears age may
enter be r remain in a center during s h time
as the Luis Coastal Unified School Di rict is
cond ting its regular daytime educ ion
pro m;
. Centers shall have at least one responsib �—
a It 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
as ired by the council:
F. person under eighteen years of a may
play cl nic games at a center locat I a place
of business here alcoholic beve are sold.
served or cons ed;
G. Bicvcle 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. Centers shall 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 tng;
J. king shall be as required by the per-
mit r a center. (Ord. 946 § I (part), 1983: rior
c e § 4953) .
552.050 Inspection.
Any and all investigating officials of the cit.,
shall have the right to enter electronic came
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 bx
law.(Ord.946§ 1 (part). 1983: prior code§4954)
552.060 Establishment name.
No person licensed to operate an electronic
game amusement center shall operate under an%
name or conduct business under any designation
not specified in the license. (Ord. 946 § I (part).
1983: prior code § 4955)
552.070 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 entice A100
operating an enterprise, or otherwise required to
be disclosed pursuant to Section 5.5'_.020.
Admin. Draft
Page 6
including transfer of more than five percent of
the stock of any corporation.(Ord.946§ I (part),
1983: prior code§ 4956)
552.080 License--Display required.
The owner or operator of an electronic game
amusement center shall display the anter license
in an open and conspicuous place on the prem-
ises.(Ord.946§ I (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
¢¢ i; for violation or breach of any applicable code provision or condition of
issuance. (Ord. 946 - I (part), 1983: prior code - 4958)
552.100 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 § l (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 eame 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 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
aporovals 00/00OA41Y
F. No person under eighteen years of age may play electronic games at a center located a
place of business where alcoholic beverages arc sold, served or consumed;
Admin. Draft
Page 8
G. Bicycle racks shall be provided within a reasonable distance A(0AijVX)4�vY4APA
f00f 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_ �J�tytJlt/�b(yfy0�i/R{1�y{ Iljglq;
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:
I 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 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 AUowed bv.Zone R-t R-2 R-3 R-4 COS O" PF C-N CLIC.R C-T CS M
i
I I •
Electronic game amusement
goer PC • D D D I D
' I
prgenfiles/chap552
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