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HomeMy WebLinkAboutCC Ord 1314 Not Adopted ~ .\ ~f, d to UG ~I" ~,I ql J' I f' .~~ " ORDINANCE NUMBER /JL!i. AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 AND CHAPTER 11 OF THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF COIN-OPERATED AMUSEMENT DEVICES AND ARCADES AND ESTABLISH LICENSE FEES 'FOR SAID AMUSEMENT DEVICES (ZTA 3-90) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Article 2. of Chapter 28 of The Code of the citv of Seal Beach is hereby amended to include the following sections: "Section 28-205.1. Amusement Arcade.' means any business establishment in which three (3) or more coin- operated amusement devices are available for use by the public. Section 28-219.1. Coin-Ocerated Amusement Device. means any amusement machine or device located on or within the premises of a business establishment and operated by means of insertion of a coin, token, credit card or similar object for the purpose of amusement or skill involving interaction between the user and the device and for the playing of which device a fee is directly or indirectly charged, including but not limited to pinball machines, video games, computer games, electronic games and similar machines and devices. "Coin Operated Amusement Device" does not include vending machines which do not incorporate I qaming or amusement features, coin-operated mechanical music devices, billiards or shuffleboard games. Amusement devices located in business establishments which charge for access to the devices but do not require insertion of coins, tokens or similar objects for the user to activate the device, are coin-operated amusement devices within the meaning of this section. Section 28-263.2. Plannina Commission. means the Planning Commission of the City of Seal Beach. Section 28-264.1. procrietor. means the person in whose place of business any coin-operated amusement device is placed for operation and use by the'public. Section 28-270.3. School. means any educational institution, whether public or private, which offers instruction of high school grade or below." Section 2. Chapter 28 amended to Article 13. Subsection of The Code of the citv read: (7) of Section 28-1300 of of Seal Beach is hereby "(7) Coin-Operated Amusement Devices. Business I establishments requesting to provide one (1) or two (2) coin-operated amusement machines may be approved by the Planning Commission pursuant to a consent calendar plan review, subject to the following standards: (a) The term of said approval shall be for six (6) months, after which time the approval shall be reconsidered by the Planning Commission, and may be extended indefinitely provided that all conditions of approval have been satisfied and no significant police problems have occurred. Ordinance Number J3Pj I (b) Said approval may be reconsidered at any time if deemed necessary by the Planning commission in order to protect the public health, welfare, safety and community identity. (c) Said approval is not transferrable. (d) No coin-operated amusement device may be located within five-hundred (500) feet of any public or private school, except if so located solely for the purposes of storage, repair or sale. (e) No coin-operated amusement device may be located within three-hundred (300) feet of any other business establishment providing one (1) or more coin-operated amusement device or within one-hundred (100) feet of any residentially zoned properties, except if so located solely for the purposes of storage, repair or sale. (f) No proprietor, employee thereof or manager-on-duty shall allow any minor to play or use any coin-operated amusement device between the hours of 7:00 a.m. and 3:00 p.m. on any day when any school within the cities of Seal Beach, Los Alamitos or the unincorporated area of known as Rossmoor is in regular session. I (g) No owner, proprietor, manager or other person having charge of any establishment possessing one or two coin-operated amusement devices shall allow the device to be utilized between the hours of 10:00 p.m. and 10:00 a.m. of the following day, except as specifical~y permitted through the terms of a consent calendar plan review. (h) A minimum of one (1) bicycle rack space shall be provided for everyone (1) coin-operated amusement device. Said bicycle parking shall not be located within a public right-of-way or within required parking spaces. (i) At least one (1) responsible adult shall be in attendance at all times that the business establishment in open to provide adequate management control over said premises. I (j) No person shall enter, be or remain in any establishment providing coin- operated amusement devices while under the influence of any alcoholic beverage or drug. The licensee, manager and every supervisory employee shall not permit any such person to enter or remain upon the licensed premises. (k) The Police Department shall review and make recommendations to the Planning Commission regarding all consent calendar plan review applications for coin-operated amusement devices, to determine compatibility with surrounding land uses and appraise possible enforcement problems. Ordinance Number /~/~ (1) Exterior signage shall not be permitted in conjunction with the placement or operation of any coin-operated amusement devices as approved by the Planning Commission, except as specifically provided through the terms of the Consent Calendar Plan Review approval. (m) All coin-operated amusement devices shall be located in a location within clear and unobstructed view of the I entrance of said establishment and shall provide a clear and unobstructed area as deemed appropriate by Police and Planning Department review. (n) A sign not less than four (4) square feet in area shall be clearly posted within the coin-operated amusement device area stating that use of machines is not permitted by persons under the age of eighteen (18) during hours when any school, public or private is in regular session in the cities of Seal Beach, Los Alamitos or the unincorporated area known as Rossmoor. Said sign to be. reviewed and approved by the Department of Development services prior to installation. The owner, proprietor, manager or other person having charge of the arcade shall require identification in cases of doubt. (0) Prior to the placement of any coin- operated amusement device pursuant to I this section, the applicant shall obtain a valid City license for each amusement device in accordance with the provisions of ~ section 11-33(C)(25). (p) Nonconforming coin-operated Amusement Devices. Coin-operated amusement devices which fail to comply with this article shall be considered nonconforming and said devices shall be removed or modified to comply with this article within the approved amortization period as specified within this section. (q) Amortization Period. Business establishments having coin-operated amusement devices which do not conform to this ordinance but which lawfully existed and were maintained on the effective date of this ordinance shall, within ninety (90) days, apply for the required consent calendar plan review. During the interim periOd, said nonconforming devices shall be maintained in good repair and visual appearance and no structural alteration be made thereto, unless to preserve the safety of said device." I Ordinan~~' Number ~~I'~ Section 3. section 28-1300 are (9) respectively. Existing Subsections (7) and (8) of hereby renumbered to subsections (8) and I Section 4. Article 14. Subsection (10) of Section 28- 1400 of Chapter 28 of The Code of the Citv of Seal Beach is hereby amended to include a new paragraph (j) as follows: !I{j) Amusement Arcades, subject to the following standards: (1] The term of said conditional use permit shall be for six (6) months, after which time the approval shall be reconsidered by the ' Planning Commission and may be extended indefinitely provided that all conditions of approval have been satisfied and no significant Police problems have occurred. (2] Said approval may be reconsidered at any time if deemed necessary by the Planning Commission in order to protect the public health, welfare, safety and community identity. [3] Said permit is not transferrable. [4] Said use shall be permitted solely as a secondary use and shall provide less than one-half of the gross receipts for said establishment. I [5] No amusement arcade may be located within five-hundred (500) feet of any public or private school. [6] No amusement arcade may be located within three-hundred (300) feet of any other amusement arcade or. within two-hundred (200) feet of any residentially zoned proper~ies. [7] No proprietor, employee thereof or manager- on-duty shall allow any minor under the age of eighteen (18) years of age to play or use any coin-operated amusement device between the hours of 7:00 a.m. and 3:00 p.m. on any day when any school within the cities of Seal Beach, Los Alamitos or the unincorporated area of known as Rossmoor is in regular session. The owner, proprietor, manager or other person having charge of the arcade shall require identification in cases of doubt. [8] No owner, proprietor, manager or other person having charge of any amusement arcade shall allow the device to be utilized between the hours of 10:00 p.m. and 10:00 a.m. of the following day, except as specifically permitted through the terms of the conditional use permi~. A minimum of one (1) bicycle rack space shall be provided for everyone (I) coin-operated amusement device. said bicycle parking shall not be located within a public right-of-way or within required parking spaces. I' [9] (10] A minimum of one (1) parking space shall be provided for each three (3) coin- operated amusement devices or portion thereof. Ordinance Number /~/~ [11] At least one (1) responsible adult shall be in attendance at all times that the business establishment is open to provide adequate management control over said premises. [12] No person shall enter, be or remain in any establishment providing coin-operated amusement devices while under the influence of any alcoholic beverage or drug. The licensee, manager and every supervisory employee shall not permit any such person to enter or remain upon the licensed premises. I [13] The Police Department shall review and make recommendations to the Planning Commission regarding all requests to establish and operate amusement arcades pursuant to the provisions of this section, to determine compatibility with surrounding land uses and appraise possible enforcement problems. [14] Exterior signage shall not be permitted in conjunction with the operation of any amusement arcade approved by the Planning Commission, except as specifically provided through the terms of approval. [15] All coin-operated amusement devices shall be located in a location within clear and unobstructed view of the entrance to said establishment and shall provide a clear ~nd unobstructed area as deemed appropriate by Police and Planning Department review. [16] A sign not less than six (6) square feet in area shall be clearly posted within the coin- operated amusement device area stating that use of machines is not permitted by persons under the age of eighteen (18) during hours when any school, public or private is in regular session in the cities of Seal Beach, Los Alamitos or the unincorporated area known as Rossmoor. Said sign to be reviewed and approved by the Department of Development Services prior to installation. The owner, proprietor, manager or other person having charge of the arcade shall require identification in cases of doubt. I [17] Prior to the placement of any coin-operated amusement device pursuant to this section, the applicant shall obtain a valid City license for each amusement device in accordance with the provisions of ~ section 11-33(c)(25). [18] For an amusement arcade, any walles) in common with another business establishment shall have a Sound Transmission Class Rating of 56 or greater. Nonconforming Amusement Arcades. Amusement arcades which fail to comply with this article shall be considered nonconforming and shall be removed or modified to comply with this article within the approved amortization period as specified within this section. I [19] I I I Ordinance Number ,,~/~ . [20] Amortization Period. Amusement arcades which do not conform to this ordinance but which lawfully existed and were maintained on the effective date of this ordinance shall, within one hundred and eighty (180) days, apply for the required conditional use permit. During the interim period, said nonconforming amusement arcades shall be maintained in good repair and visual appearance and no structural alteration be made thereto, unless to preserve the safety of said amusement arcade." Section 5. Article II. Paragraph 25 of Subsection (c) of Section 11-33 of Chapter 11 of The Code of The citv of Seal Beach is hereby amended to read: "25. Vending machines: Merchandise dispensing - twenty dollars ($20.00) per machine; Juke box - thirty dollars ($30.00) per machine; Amusement machines, including electronic games and pinball machines - one hundred dollars ($100.00) per machine; Photographic and voice recording machines - one hundred dollars ($100.00) for the first five machines, plus twenty dollars ($20.00) for each additional machine;" Miscellaneous machines not covered by one of the above categories, until such time as the machine is classified into a more specific classification - twenty dollars ($20.00) per machine." PASSED, APPROVED AND ADOPTED by the city Council of the City of Seal Beach at a meeting thereof held on the day of , 1991. ~~ Mayor Attest: city Clerk Ordinance Number J'~/~ STATE OF CALIFORNIA) COUNTY OF ORANGE ) 55 CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify tha~the regoing ordinance is an original copy of Ordinance Number ~/. on file in the office of the city Clerk, introduced at a meting held on the day of , 1991, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 1991 by the following vote: I AYES: Counci1members NOES: Councilmembers ABSENT: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach city Charter and Resolution Number 2836. City Clerk I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County afore- saidl I am over the age of ei~hteen years, and not a pa~ty ~o or 1nter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, under the date of 2/24/75, Case Number A825831 that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil),' has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to-wit: CD (I.,.{-o bRA d ~.. (196 all in the year 192Q. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at ~eal Beach. California, this (}.:;;- day of ()cI-. 1990. r J ;rrtftfnatu@~~~ PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. BOll: 755 Seal Beach, CA 90740 (213) 430-7555 Ordinance Number ;I~~ This space is for the County Clerk's Filing Stamp Proof of Publication of ~q~~I.~ .~q'I;I.~E/.~qq]).~ .!!~~z:i.q~ . . . 1:~~'~).~:1..~. .~:10 ! N~,OI' PUBUC HEAJl!NG ',' Corle S8cIrlII8: . f : ,NOTICE 1S-HEi!EBv.'GIVEN:\iiit 11-33, 28-1300, 28:\400," ;"~~'oI~~'oI:~ ~~ "'''I. ..,,) 'IBeacllwllldli'pl!IlIlCr~Iin'" ,;" " ,1j ,Tu..A....,'NowmtitH3, 1990:81, ~ " d, o """'J, ""'" . . ~ 7:00 p.m. In the ,City CounCil CIt 01 ~ Ileech ' ChamIlen, 211 E1ghltj SbIet, SiiI ':; ," ' . Beech, CeIlomia; III 'conlkW" M the above .U"!e and PI~~,!~li!1 fDIIowIng 1Iam: kdln1ll1lld penone.may be ~:. . so desired. .'Jll\!,chanenge'thi ; ZONlNG,lElCT AltENMM'Uo ~"".1ii~ yop~ SlandanlsforwioGiimi' be'limiteCitio i~ijj,g onlyiilt&~" .... otll..sOmeOne ...~ ~~ a1'..'~:'hi8iti1ii~~.b1ci" td8 notice or n .dllill'. '. I, .,..~ 'Request: , ,~~~t!;(i'.t!'!Seel , To Institute standards lor the ' Beech a\ or jlrIor'10, me public es1aIlIIshment and mUIlBIlII~"oI ,~, : ' '.. . video game an:ades and plai:~. ';, !', ',,' .. , ment coln-operated amusement I DAlED1,..... Ills 22nd ~;! o~' devices. ~. .. ~ . . ~ ':... - ; . .:) - ~ !; ~. ErManrnental RevIew:" " ~ .,.,.,. 'f!o, ~ C,IeIk ;, : ThIs Jirojiict It catigarIcaIIJ -~.~ ce,;oIS:ea1,IIeli:h..::, ,; Irom CECA revle. (CalltC!rnlal , ::' "," ", ',..', ,', Administrative Code Section! ,OclDIler2S, 1990.'., , 15305) . i NIIhId n" SealIleech Jaumal.