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Home My WebLink AboutPC Res 1567 - 1990-02-21 . . . RESOLUTION NUMBER 1567 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 3-90, AMENDING CHAPl'ER 28 OF mE. CODE OF THE CITY OF SEAL BEACH TO REGULATIONS GOVERNING THE ESTABLISHMENT AND OPERATION OF COIN-OPERATED AMUSEMENT DEVICES AND ARCADES. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, The City of Seal Beach has no regulations governing the establishment and operation of coin-operated amusement devices and arcades: and WHEREAS, The City of Seal Beach recognizes the need to establish comprehensive guidelines governing the establishment and operation of coin-operated amusement devices and arcades in order to mitigate potential negative impacts: and WHEREAS, the Planning Commission of the City of Seal Beach held a duly noticed public hearing on February 21, 1990, to discuss instituting regulations governing the establishment and operation of coin-operated amusement devices and arcades; and NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the city of Seal Beach does hereby recommend to the City Council the following: 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 gaming 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." Planning Commission Resolution 1567 Page 2 of 6 section 2. . . Article 13. Subsection (7) of Section 28-1300 of Chapter 28 of The Code of the citv of Seal Beach is hereby amended to read: "(7) Coin-Operated Amusement Devices. Business 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) (b) (c) (d) (e) (f) (g) (h) (i) 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. 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. said approval is not transferrable. 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. 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. 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. 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 specifically permitted through the terms of a consent calendar plan review. 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. 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. . . Planning Commission Resolution 1567 Page 3 of 6 (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. (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 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 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). Nonconformina Coin-ooerated 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. 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." . . Planning commission Resolution 1567 Page 4 of 6 section 3. "Existing Subsections (7) and (8) of Section 28-1300 are hereby renumbered to subsections (8) and (9) respectively." 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: "(j) Amusement Arcades, subject to the following standards: (i) 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. (ii) 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. (iii) Said permit is not transferrable. (iv) Said use shall be permitted solely as a secondary use and shall provide less than one-half of the gross receipts for said establishment. (v) No amusement arcade may be located within five-hundred (500) feet of any public or private school. (vi) 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 properties. (vii) 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. (viii) 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 permit. (ix) 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. (x) A minimum of one (1) parking space shall be provided for each three (3) coin-operated amusement devices or portion thereof. . . Planning commission Resolution 1567 Page 5 of 6 (xi) 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. (xii) 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. (xiii) 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. (xiv) 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. (xv) 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 and unobstructed area as deemed appropriate by Police and Planning Department review. (xvi) 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. (xvii) 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). (xviii) For an amusement arcade, any walles) in common with another business establishment shall have a Sound Transmission Class Rating of 56 or greater. Nonconformina 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. 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." . . . . . Planning Commission Resolution 1567 Page 6 of 6 section 5. Article II. Paragraph 25 of Subsection (c) of section 11-33 of Chapter 11 of The Code of The city 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 Planning commission of the City of Seal Beach at a meeting thereof held on the 21th day of February, 1990, by the following vote: AYES: commissioners SharD. Suaas. Fife. Forsvthe. Rullo NOES: commissioners ABSENT: Commissioners 1 ,.Q&:t.ljp-~ /planning commission / ;Lee Whittenberg, Secretary t/ pfanning Commission BCC:bc C:\WP50\ZTA\ZTA90--3.RES