HomeMy WebLinkAboutZOA 02-82 ARCADES 1982 IIMC CASE STUDY PACKET P27
REGULATING VIDEO GAME
AMUSEMENT CENTERS
(SELECTED SAMPLE ORDINANCES)
MANAGEMENT INFORMATION CENTER
INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS
160 NORTH ALTADENA DRIVE
PASADENA, CALIFORNIA 91107
TELEPHONE : (213) 795-6153
INTRODUCTION
This Case Study contains a selection of recently adopted ordinances
regulating electronic/video game amusement centers. The proliferation
of such businesses has caused a number of communities to review their
licensing procedures on coin-operated amusement devices and to relate
such to the concurrent popularity of these sophisticated electronic
games.
The ordinances presented are samples of what several communities have
enacted. They should not be considered models, recommended or defini-
tive ordinances. The extent of the specific regulatory provisions may
be determined by state statute, local authority, or community mores.
A word of caution: The drafting and enacting of any regulation in
this area should be undertaken with the assistance of experienced
legal counsel . At present there are several judicial decisions pend-
ing on the extent of regulatory provisions affecting this activity.
Therefore, provisions found in any of these sample ordinances should
not be used out-of-hand unless they are judged legally sound for your
community. If you need additional samples in this area, IIMC has
ordinances from other municipalities on amusement centers and related
activities.
This Case Study contains the following ordinances:
OAKLAND, CALIFORNIA . . . . . . . . . . Page 1
McKINNEY, TEXAS Page 6
NOVI , MICHIGAN . . . . . . . . . . Page 11
MENTOR, OHIO Page 19
DOWNERS GROVE, ILLINOIS . . . . . . . . . Page 23
FREEHOLD, NEW JERSEY Page 27
SHELTON, CONNECTICUT . . . . . . . . . . Page 30
APPROYED AS TO FORM AND LEGALITY
INTRODUCED DY COUNCILMAN
CL i
1'. CfI AllO..[l
10 �+ � MBS:am
ORDINANCE No l.UC.
AN ORDINANCE ADDING A NEW ARTICLE 14 ,
CHAPTER 3, TO THE OAKLAND MUNICIPAL CODE,
RELATING TO MECHANICAL OR ELECTRONIC GAMES,
REPEALING FORMER ARTICLE 14 , CHAPTER 3.
CA
The Council of the City of Oakland does ordain as
follows:
SECTION 1. The following new article, numbered 14 , is
added to Chapter 3 of the Oakland Municipal Code to read as
follows :
ARTICLE 14
MECHANICAL OR ELECTRONIC GAMES
Sec. 3-14 . 01. Definitions.
As used in this Article , the following words
shall have the following respective meanings :
"Mechanical or Electronic Games" shall mean
any machine , apparatus, contrivance , appliance, or
device which may be operated or played upon the
placing or depositing therein of any coin, check,
slug, ball , or any other article or device , or by
paying therefor either in advance of or after use,
involving in its use either skill or chance,
including , but not limited to tape machine , card
machine , pinball machine, bowling game machine ,
shuffleboard machine , marble game machine , horse
racing machine, basketball game machine, baseball
game machine, football game machine , electronic
video game , or any other similar machine or
device.
"Operator" shall mean any owner or
lessee of such mechanical or electronic games
who installs or maintains the same in any place
of business which is not his own or under his
direct control where the same can be played or
operated by persons in the same place .
"Proprietor" shall mean the person in
whose place of business any such mechanical
amusement device is placed for the use,
II. amusement, patronage or recreation of the
public or of persons in or about said place .
"Person" shall mean any corporation ,
association, syndicate, joint stock company,
-�- partnership, club, society or individual .
"School" shall mean any educational
institution, public, private, secular, or parochial
which offers instruction of high school grade or
below.
"Street" shall mean any street, alley, way,
boulevard, or road, either public or private,
that is used or to be used for ingress or egress .
Sec. 3-14 . 02 . Exemptions.
This Article shall not apply to the following :
(a) Any operation involving fewer than three
mechanical or electronic games, except where said
games provide the main or primary source of income
for the proprietor . thereof;
(b) The operation or maintenance of such
games in a poolroom or bowling alley for which a
permit is required pursuant to Section 5-4 . 09 of
this Code, provided that the owner or operator of
such poolroom or bowling alley excludes minors at
all times;
(c) Premises or operations licensed by the
State Department of Alcoholic Beverage Control
for on-sale consumption of alcoholic beverages
excepting therefrom any such premises or operations
which lawfully permit minors, such as bona fide
public eating places .
I' Sec. 3-14 . 03 . Existing Business.
Any proprietor owning or operating a business
lawfully in existence upon the effective date of
this Article shall be deemed to have been issued
a permit hereunder, provided that such proprietor
within 30 days after said effective date submits
on a form prescribed by the City Manager a record
of information on such existing business. No
filing fee or permit fee shall be payable therefor.
The provisions of this section shall apply to
subsequent proprietors at the same location .
Sec . 3-14 .04 . Permit Required of Proprietor .
It- shall be unlawful for any proprietor to
install, operate or maintain to be operated, any
mechanical or electronic game without first having
obtained a permit from the City Manager in
accordance with the provisions of and pursuant to
Article 2 , Chapter 5, of this Code. The permit
shall be valid only for the number of games therein
specified. The use of additional devices shall
require a new permit . The Chief of Police shall
be the investigating official for the purpose of
this Article.
Sec. 3-14 . 041 . Additional. Posting
Ro uirements .
In addition to the notices provided for. in
Section 5-2. 04 of this Code (part of Article 2 ,
-2- Chapter 5) , a "Not-ice of Intent to Apply for a
Permit for Mechanical or Electronic Games" must
be posted on the premises in question , and on
every utility , telephone , or other public pole
or stanchion for a distance of two blocks in
each direction within five days of the filing of
an application for a permit hereunder.
Sec . 3-14 . 05. Obligation of Operators .
No operator shall install or allow any
mechanical or electronic games to be installed
in any proprietor ' s place of business which
requires a permit as provided f-or in this
article unless said proprietor has been issued
such permit.
Sec. 3-14 . 06 . Applications.
The application for a permit required hereunder
shall be on a form prescribed by the City Manager.
Fingerprinting of all applicants in required for
purposes of enabling the investigating official
to conduct his or her investigation .
Sec . 3-14 . 07. Posting of Permit.
The permit shall be permanently and
conspicuously posted at the location of the
games in the premises wherein said games are
to be operated or maintained to be operated , and
shall not be removed from said location during
the period for which said license was issued.
Sec. 3-14 . 00 . Transfer of. Permits.
No permit in this Article required shall be
transferable, nor apply to any premises other than
originally specified as the location of the thing
permitted, except- upon written permission of the
City Manager granted upon written application by
the transferee, made in the same manner as may be
required in the instance of the original application
for such permit.
Sec . 3-14 . 09. Revocation and Suspension
of Permit .
The permit provided for in this Article may
be revoked or suspended as provided for in
Article 2 , Chapter 5, of: this Code . In addition,
violation of any provision of this Article (Article
14 , Chapter 3 ) shall be grounds for revocation or
suspension.
Sec. 3-14 . 1.0. Proximity to Schools and
Resid n etial 7.oncs .
-----
It shall be unlawful for any proprietor of a
mechanical or electronic game to cause , permit or
allow same to be located, operated or maintained
to be Operated within one thousand ( 1 , 000 ) feet of
the nearest street entrance to or exit f.r.om any
public playground or public or private scliool of
elementary or high school grades nor within three
hundred (300 ) feet from any residential -none ; said
-3- distan�,u to be measured from said entrance or exit
in the most direct line or route on, along or
across said street or streets adjacent to said
public playground or public or private school of
elementary or high school grade or residential
zone. The restrictions established hereunder
shall not apply to business lawfully in existence
and operating upon the effective date of this
Article.
Sec. 3-14 . 11 . Flours of. Operation for Minors
Under 18 Years of Age.
No proprietor, employee thereof, or person
in charge, shall allow any minor under 18 years
of age to play or use any such game during the
academic year for Oakland public schools between
the hours of 7 o 'clock a.m. and 3 o 'clock p.m. ,
except during school holidays and on Saturday
and Sunday, nor between the hours of 10 : 00 p.m.
and 7 :00 a .m. on weekATrTii� all days preceding
school days, and between midnight and 7 : 00 a.m.
on all other. days.
Sec. 3-14 . 12 . Operating Requirements .
All mechanical and electronic games must
be visible from the entrance, and the entrance
must be unlocked during all times that the
premises in question are open for business.
Sec. 3-14 . 13. Compliance with Other Laws .
Neither this Article nor any provision therein
contained shall include or apply to any act which
is made a public offense by the Penal. Code of the
State of: California , or by any other law of the
State of California , or of the United States
government; nor shall this Article or any provision
therein contained authorize or permit or be construed
as authorizing or permitting the keeping, maintaining,
possessing, using or operating in the City of Oakland
of any contrivance or device otherwise prohibited
by law.
Sec . 3-14 . 14 . Severabili.ty_
If any section, subsection , subdivision ,
paragraph, sentence, clause or phrase of this
Article or any part thereof is for any reason held
to be unconstitutional or invalid or ineffective
by any court of competent jurisdiction , such
decision shall not affect the validity or
effectiveness of the remaining portions of this
Article or any part thereof. The City Council
hereby declares that it would have passed each
section , subsection, subdivision , paragraph,
sentence , clause or phrase thereof , irrespective
of the fact that any one or more sections ,
subsections, subdivisions , paragraphs , sentences ,
clauses or phrases be declared unconstitutional
-4- or invalid or ineffective.
Sec. 3-14 . 15. Public Nuisance.
In addition to the criminal penalties proviilcd
for in the Oakland Municipal Code, a violation of
any provision of this Article, or any condition
caused or permitted to exist in violation of
any of the provisions of this Article shall, and
is hereby deemed and declared to be a public nuisance
and may by the City be abated as such.
SECTION 2. Article 14 , Chapter 3, of the Oakland
Municipal Code is hereby repealed.
I certify that the foregoing is a full , true and correct copy
of an Ordinance passed by the City Council of the City of Oakland,
California, on December 8, 1981
ARRECE JAMESON
City Clerk
Per Deputy
APPROVED AS TO FORM AND LEGALITY
U�
Deputy
INTRODUCED BY COVNCILMEMSER
ORDINANCE NO. 10162 C. M. S. MBS:am
AN ORDINANCE AMENDING ORDINANCE NO.
9336 C.M.S. (MASTER FEE SCHEDULE)
RELATING TO FEES FOR MECHANICAL
OR ELECTRONIC GAMES.
RESOLVED: That Ordinance No. 9336 C.M.S. (Master
Fee Schedule) is hereby amended to require that the fee
for permits for mechanical or electronic games (Article
14, Chapter 3, Oakland Municipal Code) shall be in the
amount of $85.00.
1 certify that the foregoing is a full , true and correct copy
of an Ordinance passed by the City Council of the City of Oakland,
California, on December 8, 1981
ARRECE JAMESO.1
C' y lerk
Per LG Deputy
-5-
McKINNEY, TEXAS
ORDINANCE 1\10. 1247
AN ORDINANCE PROVIDING FOR THE REGULATION, SUPERVISION, CONTROLLING AND
LICENSING OF OWNERS OF COIN-OPERATED GAMING MACHINES; DEFINING TERMS;
PROVIDING FOR THE LEVYING OF AN OCCUPATION TAX ON SUCH MACHINES; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SFVERABILITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE
PUBLICATION OF ITIE CAPTION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McKINNEY, TEXAS:
SECTION 1: Definitions
The words, terms and phrases as used in this ordinance are defined as
follows:
(a) A "coin-operated gaming machine" is defined as any coin-operated
machine when such machine or machines dispense or are used or are capable
of being used or operated for amusement or pleasure, or when such machines
are operated for the purpose of dispensing or affording skill or pleasure,
or for any other purpose other than the dispensing or vending of merchandise
or music or service exclusively as those terms are defined in this ordinance.
The following are expressly included within said terms: marble machines,
marble table machines, marble shooting machines, miniature racetrack machines,
miniature football machines, miniature golf machines, miniature bowling ma-
chines, and all other coin-operated gaming machines which dispense or afford
skill or pleasure.
(b) The term "owner" means any person, individual, firm, company, associa-
tion or corporation owning or having the care, control, management or posses-
sion of any such coin-operated gaming machines in the City of McKinney, Texas.
(c) The term "service coin-operated machines shall mean all machines or
devices which dispense services or merchandise only and are not for skill
or pleasure.
SECTION 2: Permit
(a) No person shall maintain, display for public patronage, or otherwise
keep for operation by the public any coin-operated gaming machine without
first obtaining a permit issued under the terms and conditions of this
ordinance.
(b) No permit is required for an individual to own, maintain, or offer for
use to the public any coin-operated pleasure or amusement machine designed
exclusively for use by children under the age of ten (10) years, such as
coin-operated riding machines and other related coin-operated machines.
-6-
page 2 - Ordinance No. 1247
SECTION 3: Nature of Permit
A permit issued under this ordinance:
(a) is an annual license which expires December 31, of each year unless
it is suspended or cancelled earlier;
(b) is effective for a single place of business only;
(c) vests no property right in the permittee except to maintain, display
for public patronage, and permit the use of skill or pleasure of coin-
operated gaming machines in accordance with the terms and conditions of
this ordinance.
SECTION 4: Amount of Fee
Every owner who owns, controls, possesses, exhibits, displays, or who per-
mits to be exhibited or displayed in this City any coin-operated gaming
machine shall pay for, and is hereby levied on each such coin-operated
gaming machine an annual permit fee of $7.50. The fee for issuing a re-
placement occupational tax receipt for one lost, destroyed, or mutilated
is $2.00.
SECTION 5: Exemptions from fee
Gas meters, pay telephones, pay toilets, food-vending machines, confection-
vending machines, merchandise-vending machines, beverage-vending machines,
and cigarette-vending machines which are now subject to an occupation or
gross receipts tax levied by the State of Texas, stamp-vending machines,
and service coin-operated machines, as that tern is defined, are expressly
exempt from the fee levied herein.
SECTION 6: Delay of Permit
A permit issued under this ordinance shall be displayed at or near the
entrance of the business premises, and such display shall be permanent
and conspicuous.
SECTION 7: Application
An applicant for a permit under the provisions of this ordinance shall file
with the City Secretary a written application on a form provided for that
purpose which shall be signed by the applicant, who shall be the owner of
the business sought to be licensed. A separate application must be failed
for each location sought to be permitted. The following information is re-
quired in the application:
(a) Name, address, and telephone number of the applicant, including the
trade name by which applicant does business and the street address of the
premises, and if incorporated, the name registered with the Secretary of
State;
(b) Name, address, and telephone number of the operator of the premises
to be permitted;
-7-
page 3 - Ordinance No. 1247
(c) Number of coin-operated amusement devises in the premises to be
permitted and serial number of each machine;
(d) Whether a previous license of applicant, or if applicable, corporate
officer of applicant, has- been revoked within two years of filing of the
application; and
(e) A statement that all the facts contained in the application are true.
SECTION 8: Refusal to Issue or Renew License
The City Secretary shall refuse to approve issuance or renewal of a permit
for one or more of the following reasons:
(a) A false statement as to a material matter made in an application for
a permit;
(b) Revocation of a permit, pursuant to this ordinance, of the applicant
or corporate officer of the applicant within two years preceding the filing
of the application;
(c) The applicant for such license has, within the past ten (10) years,
been convicted of a crime involving moral turpitude.
SECTION 9: Indebtedness to City
The City Secretary shall not issue or renew a permit under this ordinance
and shall suspend or cancel a permit if it be determined that the applicant
or permittee is indebted to the City for any fee, costs, penalties, or
delinquent taxes.
SECTION 10: Replacement of Permit
A replacement permit may be issued for one lost, destroyed, or mutilated,
upon application on a form provided by the City Secretary. A replacement
permit shall have the word "RF,PLACEMENT" stamped across its face and shall
bear the same number as the one it replaces.
SECTION 11: Transferability
A permit issued under the provisions of this ordinance shall not be assign-
able or transferable.
SECTION 12: Responsibility of Permittee
A permittee hereunder shall not permit any of, the following activities
within the permitted premises:
(a) The sale, purchase, possession or consumption of any alcoholic beverages
as the same is defined by the Texas Beverage Code, unless the premises is
licensed under the provisions of said Code and the ordinances of. the City of
McKinney for the sale, purchase, possession, or consumption of alcoholic
beverages.
(b) The operation of any coin-operated gaming machine by a person younger
than twelve (12) years of age except between the hours of 9:00 a.m. and
10:00 P.M.
-8-
I
page 4 - Ordinance No. 1247
(c) The operation of any coin-operated gaming machine by a person
twelve 1.2 ears of age or older and under seventeen 17 ears of
( ) Y g ( ) Y
age except between the hours of 9:00 a.m. and 12 midnight.
SECTION 13: Bicycle Storage Racks
A permittee hereunder shall provide sufficient bicycle storage racks so
as to adequately provide for the storage of bicycles utilized by patrons
of the permitted premises if such racks be needed.
SECTION 14: Cancellation of Permit
If any individual, company, corporation or association who owns, operates,
exhibits, or displays any coin-operated gaming machine in the City shall
violate any provision of this ordinance, the City Secretary shall have the
power and authority to cancel all permits issued hereunder to any of the
foregoing by giving written notice, stating the reason justifying such can-
cellation, and the same shall be cancelled ten (10) days from date of such
notice. No permit shall be issued within a period of one (1) year to anyone
whose permit has been cancelled, except at the discretion of the City Council
of McKinney. If the permit of an individual, company, corporation, or asso-
ciation owning, operating, or displaying coin-operated gaming machines in
this City is cancelled, such individual, company, corporation or association
shall not operate, display or permit to be operated or displayed such machines
until the new permit is granted.
SECTION 1S: Appeal from Refusal to Issue or Renew Permit From Decision
to Cancel Permit
If the City Secretary refuses to approve the issuance of a permit or the
renewal of a permit to an applicant, or cancels a permit or the renewal of
a permit to an applicant, or cancels a permit issued under this ordinance,
this action is final unl.ess the applicant or licensee, within ten (10) days
after the receipt of written notice of the action, files a written appeal
with the Judge of the Municipal. Court, who shall, within ten (10) days after
the appeal is filed, consider all the evidence in striport of or against
the action appealed, and render a decision, either sustaining or reversing
the action. If the Judge of: the Municipal Court sustains the action, the
applicant or licensee may, within ten (10) days of that decision, file a
written appeal with the City Secretary to the City Council setting forth
specific grounds for the appeal. The City Council shall, within thirty (30)
days, grant a hearing to consider the action. The City Council has authority
to sustain, reverse, or modify the action appealed. The decision of the City
Council is final.
SECTION 16: Machines Prohibited Near Certain Locations
No skill or pleasure coin-operated gaming machines shall be permitted to be
placed within three hundred (300) feet of any church, school or hospital in
this City.
SFCTION 17: Parking Facilities
Any owner who desires a permit for the operation of ten (10) or more coin-
operated gaming machines in one specific location shall be required to pro-
vide sufficient off-street parking to accommodate the vehicles and bicycles
of the patrons. Such parking area shall be maintained in a safe, clean manner
-9-
page 5 - Ordinance No. 1247
and shall not interfere with safe and expeditious movement of other
vehicular or pedestrian traffic. Depending on the location of licensed
premises, bicycle racks may be required.
SECTION 18: Inspections
The premises in which such coin-operated gaming machines are located shall
conform to all building codes and fire prevention codes of the City of
McKinney and the Fire Marshal of the City of McKinney and his assistants
and the Building Official may enter into the premises where such machines
are located at any time during normal business hours for the purpose of
inspecting said premises for fire hazards.
All law enforcement personnel of the City of McKinney shall have the right to
enter into said premises at any time during normal business hours for the
purpose of enforcement of the terms of this ordinance.
SECTION 19: Penalties
Any person, firm, corporation or association violating any of the provisions
of this ordinance shall, upon conviction of the violation, be deemed guilty of
a misdemeanor and shall be fined in the sum of not more than two hundred ($200.)
dollars. Each day such violation continues shall constitute a separate offense.
SECTION 20: Existing Laws; Violations not Authorized
Nothing herein shall be construed or have the effect to license, permit,
authorize or legalize any machine, device, table, or coin-operated gaming
machine, the keeping, exhibition, operation, display or maintenance of which
is now illegal or in violation of any ordinance of the City of McKinney,
Article of the Penal Code of this State, or the Constitution of this State.
SECTION 21: Severability Clause
It is the intention of the City Council that this ordinance and every provision
thereof shall be considered severable and the invalidity of any section, clause,
provision, or part or portion of any section, clause or provision of this ordi-
nance shall not affect the.validity of any other portion of this ordinance.
SECTION 22i . Ordinances in Conflict
All ordinances in conflict herewith and in particular Ordinance No. 659 and
Ordinance No. '835, are hereby repealed.
SECTION 23: Publication and Effective Date
The caption of this ordinance shall be published one time in a newspaper having
general circulation in the City of McKinney, Texas, and shall be effective
immediately upon its adoption and such publication.
PASSED AND APPROVED by the City Council of the City of McKinney, Texas, on
this the 21st day of July 1981.
CORRECTLY ENROLLED:
atricaa B. Avery, city Secrc ary ��
NOVI , MICHIGAN
ORDINANCE NO. 81-97
AN ORDINANCE TO REGULATE THE ESTABLISHMENT, MAINTENANCE, AND
CONDUCTING OF PINBALL ARCADES AND PINBALL MACHINES IN THE CITY
OF NOVI; TO PROVIDE FOR THE ISSUANCE OF LICENSES ; AND TO PRE-
SCRIBE THE PENALTY FOR VIOLATION OF PROVISIONS HEREOF; AND TO
REPEAL ORDINANCE 74-67. AS AMENDED, IN ITS. ENTIRETY.
THE CITY OF N_ M ORDAINS :
Section '=01. Short Title and Citation. This Ordinance shall
be known and may be cited as the City of Novi Pinball Arcade and
Machine Ordinance.
Section 2.01. Definitions .
(a) "Pinball Arcade" shall mean any place of business or
establishment containing two or more pinball machines .
(b) "Operator" shall mean proprietor, lessee, manager, or
employee of any Pinball Arcade or business .
(c) "Pinball Machine" shall mean any mechanical or electrical
device which provides amusement, or entertainment, which
may be operated or set in motion upon the insertion of a
coin or token. This definition shall not include juke
boxes , telephone devices , or machines that sell merchandise.
(d) "Premises" shall mean a building, or a part of a building
where Pinball Machines are located, under the ownership
or control of the operator.
(e) "Primary Business" shall mean that business conducted on
the premises that produces more than ninety percent (90%)
of the gross income produced annually by all forms of
business conducted on the premises .
Section 3. 01. Pinball Arcade License Required. No Pinball
Arcade shall be established, maintained, or conducted in the City
of Novi by any person, firm, or corporation without first obtaining
a license to operate such place from the City Council of the City
of Novi and no operator, as defined herein, shall allow or permit
the use of two (2) or more Pinball Machines unless a Pinball Arcade
license for such use shall have been obtained from the City Council
of the City of Novi.
Section 4.01. Pinball Arcade License Application. Every
person, firm, or corporation desiring to obtain a license for a
Pinball Arcade as required by this Ordinance shall file a written
application to the City Clerk on forms approved by the City Cleric
for the City of Novi , together with an application fee of Two
Hundred and 00/000 Dollars ($200 . 00) or such fee as is hereafter
provided by resolution of Council. The application shall include
the following information:
-ll-
The applicant ' s age, correct name , post office address and
residence, the length of time the applicant has resided within
this state , and where, and the applicant 's places of residence
for the past five (5) years immediately before the time of such
application; whether or not the applicant has ever been convicted
of any crime involving a controlled substance, alcohol, minors
or any offense involving moral turpitude ; and at least five (5)
references of reputable citizens of such community wherein the
applicant has last resided within this state, and the written
recommendations of at least two (2) citizens of such community
respecting the applicant 's moral character. The applicant shall
specify in such application the type of business and the exact
location of the premises for which a license is requested. In
case the applicant for such license is a corporation authorized
to do business in this state , the application shall be made by the
agent of such corporation who will have principal charge of the
premises established, and such application shall contain all of
the statements and furnish all the facts and recommendations
in respect to such agent as are required in the case of an
individual . Such license to a corporation shall be revocable
upon the occurrence of a change in the agent so managing such
premises , and a new license may be required by the City Council
of the City of Novi before any new agent shall take charge of
such premises for such corporation. In case of a partnership,
each active partner in such business shall join in the applica-
tion for such license , and shall furnish all of the information
and recommendations required of an individual applicant. Such
application shall also contain a diagram with dimensions of the
premises on which the business will be conducted, showing the
location of each Pinball Machine on the premises , and each exit
from the premises .
Every such application shall be accompanied by the fee as
herein specified, payable to the City Treasurer.
Section 5.01. Inspection of Premises . Before any Pinball
Arcade license shall be issued, investigation of the applicant
and inspection of the premises shall be made by the City Building
Department, Fire Marshall, Police Department , and such other
City departments or agencies as may be deemed necessary to
determine whether the applicant and the premises fully comply
with all pertinent ordinances and regulations . Before any Pinball
Arcade license may be recommended for approval by such City
departments or agencies , the Police Department and such other
agencies or departments as are deemed necessary shall determine
whether the applicant is providing sufficient off-street parking
and sufficient aids and regulations whereby vehicular traffic shall
not constitute a nuisance or danger. For a standard for such
determination, minimum off-street parking facilities shall be the
same as required by the Zoning Ordinance of the City - of Novi, with
additional facilities for general peak load parking requirements
of the business being operated. Before the Fire Marshall approves
the same , he must determine whether the premises , and the location
of the Pinball Machines therein , permit safe ingress and egress .
- 12 -
Section 6. 01. Denial of License. No license shall be issued:
(1) Where the individual operator, managing agent of a
corporation, or active partner has been convicted of
a crime involving a controlled substance, alcohol,
minors or a crime involving moral turpitude.
(2) For any premises , unless the Building Code, Fire Code,
and other pertinent provisions of all City ordinances,
as far as can be determined, are being complied with.
C31 For any premises , unless the applicant files an approval
of the application in writing signed by more than sixty
percent (60%) of: (1) all owners and lessees of property
within 450 feet of the premises on which the business is
operated; and (2) all persons residing within 45.0 feet
of the premises on which the business is operated. This
provision shall not apply to a renewal of license.
(4) For any premises that are located within one thousand
(1,000) feet of any school building attended by students
below the age of sixteen (16) years of age. (Measurement
shall be made from front door to front door) .
C51 For any premises that do not provide off-street parking
as provided in Section 5. 01 hereof.
(6) For any premises that do not provide space for safe ingress
and egress in such premises .
(71 For any premises that have living quarters with direct
entry to the premises .
(8) For any premises where the primary business conducted on
the premise is not a Pinball Arcade. This provision shall
not apply to any hotel, motel or recreational premises such
as bowling alleys or skating rinks , where a Pinball Arcade,
as herein defined, is customarily incidental to the primary
business . The determination as to whether a Pinball Arcade
is customarily incidental to the primary business is a ques-
tion of fact to be determined by the City Council. This
provision shall also not apply to any premises which has a
current Class C License issued by the Michigan Liquor Control
Commission for the sale of alcoholic beverages for consump-
tion on the premises .
C9.) For any premises within three thousand (3, 000) feet of a
Pinball Arcade. (Measurement shall be made from front door
to front door of the premises) .
(.10) Whenever the Council shall find that the denial of such
license is necessary for the protection and conservation
of the character and social and economic stability of the
surrounding area.
- 13 _
l
4
Section 7. 01. Granting of Licenses. The City Council upon
receiving such application, if presented in due form, shall pass
upon the same at its next regular meeting or any adjournment
thereof, and, if satisfied that such application possesses the
qualifications herein prescribed and said premises conform to
the requirements hereof, shall grant such license to the applicant
for a term expiring on the 31st of December of each year. All such
licenses shall be in such form as the City Council may prescribe and
shall contain the name, address, place of business , the number of
Pinball Machines on the premises , and the date of expiration of said
license, and shall be authenticated by the signature of the City
Clerk.
The license shall be issued to a specific person, firm, or
corporation for a specific location.
Section 8.01. License Fees. The fee to be paid upon granting
of licenses issued hereunder shall be Two Hundred and 00/100 Dollars
($200 .00) plus Ten and 00/100 Dollars ($10 . 00) for each Pinball
Machine on said premises, or such fee as is set by resolution of
the City Council.
Section 9 . 01. Regulations.
(1) Each operator or licensee shall, at all times, open each
and every portion of the licensed premises for inspection
by the Police Department and other City departments for
the purpose of enforcing any provisions of this Ordinance.
(2) Each operator or licensee shall , at all times, display the
license granted hereunder in a conspicuous place near the
entrance to the licensed establishment.
(31 Each operator or licensee shall have present on the premises ,
or on such portion of the premises where the Pinball Arcade
is located, as the case may be, at least one adult operator
at all times that the premises are open to the public who
has not been convicted of a crime involving moral turpitude
and who has been so certified by the Novi Police Department.
(4). The operator or licensee shall not open the licensed premises
for business between the hours of 1:00 A.M. and 7: 30 A.M.
(local time) . Provided, however, the premises may open for
business during the aforesaid hours on the granting of a
special permit by the Chief of Police upon the showing of
the licensee: (1) that the premises are being used for
the holding of a tournament, or (2) that the licensee de-
sires the premises to remain open during said hours on a
legal holiday, or (3) that the operator of the premises
has been issued a Class C License by the Michigan Liquor
Control Commission for the sale of alcohol to be consumed
on the premises .
-14 -
Section 10 . 01. Conduct on Premises. No Pinball Arcade
operator or licensee, by himself, directly or indirectly, or
by any servant, agent or employee shall:
Cl) Permit any indecent, immoral, or profane language,
or indecent, immoral, or disorderly conduct.
(2) Permit the licensed premises to become a resort for
disorderly persons of any type.
(3) Permit gambling or the use, possession, or presence
of gambling paraphernalia in the premises. The winning
of anything of value as a result of the operation of a
Pinball Machine shall constitute gambling. However, the
winning of a prize that does not exceed One Hundred and
00/100 Dollars ($100 .00) in value in a scheduled tourna-
ment shall not constitute gambling.
(4) Permit intoxicated persons to loiter on the premises .
(5) Permit any persons under the age of sixteen (16) years
to be upon the premises at any time unless accompanied
by a parent or legal guardian.
(6) Permit any persons under seventeen (17) years to be upon
the premises during the hours of 12 :00 A.M. through 7 : 30
A.M. (local time) unless accompained by a parent or legal
guardian.
(7) Permit any persons under the age of eighteen (18) years
to be upon the premises during the hours of 7 : 30 A.M.
through 2 : 30 P.M. (local time) on such days as any school
within the school district where the premises is located
is open for regular school attendance.
(8) Permit the possession or use of any alcoholic liquor
on the premises , nor shall the licensed premises be
accessible in any way to any place where alcoholic
liquor is kept, sold, distributed, or given away.
This provision shall not apply while a Michigan Liquor
Control Commission license is in effect at the licensed
premises.
(4) Permit the possession or use of any unlawful drug or
narcotic, including marijuana, on the premises.
C101 Permit noise or music to emerge from licensed premises .
- 15 -
r
Section 11 . 01 . Pinball Machine License Required for Business
Desiring to Locate One Pinball Machine on its Premises , No place
oY business or establishment in the City of Novi s a place,
maintain, or locate a pinball machine on its premises without
first having obtained a pinball machine license from the City of
Novi, and no operator, as defined herein, shall allow or permit
the use of a pinball machine unless a license for such use shall
have been obtained from the City Clerk of the City of Novi.
A. Every person, firm, or corporation desiring to obtain
a pinball machine license as required by Section 11 . 01
of this Ordinance shall file a written application to
the City Clerk of the City of Novi on forms approved
by the said City Clerk, together with an application
fee of Twenty and 00/100 Dollars ($20 . 00) , payable to
the Treasurer of the City of Novi , or such fee as is
hereafter provided by resolution of the Novi City Council .
The application shall provide the following information:
The applicant ' s name and post office address and the
name and post office address of the business where the
pinball machine is to be located. In case the applicant
is a corporation, the application shall be made by the
agent of the corporation who will have principal charge
of the premises' established. In case of a partnership ,
each active partner in such business shall join in the
application for such pinball machine license. Each
application shall also contain a diagram, with dimensions ,
of the premises in which the business will be located,
showing the location of the pinball machine and each
exit from the premises .
B. Before any pinball machine license shall be issued,
inspection of the premises shall be made by the City
Building Department. Before any pinball machine license
shall be issued, the City Building Department shall
. determine whether the applicant is placing the pinball
machine in such a location so as to not constitute a
nuisance or danger and as so to permit safe ingress to
and egress- from the said premises . _
C. No pinball machine shall be moved from an approved
location to to another location on the premises , unless
the operator shall have first obtained the written
approval of the City Building Department . If, in the
discretion of the City Building Department , it is
necessary to inspect the proposed new location of the
pinball machine to determine whether such new location
constitutes a nuisance or danger., and to determine whether
such new location permits safe ingress to and egress
from the said premises , the operator shall pay an
inspection fee of Twenty and 00/100 Dollars ($20. 00) ,
or such other fee as is hereinafter provided by resolution
of the Novi City Council , to the Treasurer of the City of
Novi to defray the cost of such inspection.
-1 6-
D. The City Clerk, upon receiving such application, if
presented in due form, and upon being advised by the
City Building Department that the said premises conform
to the requirements hereof, shall grant such pinball
machine license to the applicant for a term expiring
on the 31st of December of each year. All such licenses
shall be in such form as the City Council may prescribe
and shall contain the name, address , place of business ,
and the date of expiration of said license , and shall
be authenticated by the signature of the City Clerk.
The license shall be issued to a specific person, firm,
or corporation for a specific location.
E. The provisions of Section 11. 01 of this Ordinance, and
each part thereof, are intended to apply only to places
of business or establishments having one pinball
machine and do not apply to Pinball Arcades as that
term is defined in this Ordinance.
Section 12. 01. Renewal and Transferability. Any license
issued in accordance with this Ordinance may Fe renewed for an
additional year upon the same terms and subject to the same
requirements as provided herein for an original license.
Whenever the holder of such license desires to affect a change
of place of doing business , he shall notify the City Council
and make application for a license for such new place in the
same manner as in the first instance, excepting that with respect
to a Pinball Arcade license, proof of good character may be
dispensed with by the City Council . No license issued pursuant
to this Ordinance shall be assignable or transferable, nor
shall any person or entity excepting the person or entity to
which it was issued be permitted to do business thereunder either
directly or indirectly.
Section 13. 01 . Revocation. The City Council shall have
the right to revoke any—I tense once granted or deny annual renewal
thereof when it appears to its satisfaction that any operator
or licensee has violated this Ordinance, any Ordinance of the
City of Novi, or Statute of the State of Michigan with regard to
the premises where the pinball machine or machines are located, or
any other Ordinance of the City of Novi, or Statute of the State
of Michigan, or of the United States , involving controlled
substances , alcohol , minors , or any offense involving moral
turpitude. The revocation of any license or the denial of renewal
thereof shall not be made without a hearing. Notice shall first
be given to the operator or licensee setting forth the time and
place of hearing and the reasons for such revocation or denial
of renewal of said license.
-17-
Section 14. 01. Penalty. Any person violating any of the
provisions hereof shall be deemed guilty of a misdemeanor, and,
upon conviction thereof, shall be subject to a fine not exceeding
Five Hundred and 00/100 Dollars ($500 . 00) for each offense or to
imprisonment in the County Jail for not more than ninety (90)
days , or to both such fine and imprisonment in the discretion of
the Court. Each day of the violation shall be considered a
separate offense.
Section 15. 01 . Repeal . Ordinance No . 74-67 , and all
amendments thereto , are ereby repealed. The repeal of the
above ordinance and its amendments does not affect or impair
any act done, offense committed, or right accruing, accrued, or
acquired, or liability, penalty, forfeiture, or punishment
incurred prior to the time enforced, prosecuted, or inflicted.
Section 16. 01. Severabilit . If any section, clause, or
phrase of this Ordinance i�ny reason held to be
unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences , clauses , and phrases
of this Ordinance as an entirety, it being the legislative
intent that this Ordinance shall stand notwithstanding the
invalidity of any such section, sentence, clause or phrase.
Section 17 . 01 . Effective Date . This Ordinance is hereby
declared to be an emergency Ordinance, which is immediately
necessary for the preservation of the public peace , health, and
safety, and shall become effective immediately. It shall be
published by publication of a brief notice in a newspaper
circulated in the City stating the date of enactment and
effective date, a brief statement as to its subject matter, and
that a complete copy of the Ordinance is available for public
use and inspection at the office of the City Clerk.
MADE, PASSED, AND ADOPTED BY THE NOVI CITY COUNCIL THIS
5th DAY OF October 1981 .
. 1 1
ROMAINE ROETHEL - Mayor _
GERALDINE ST PP - City Clerk
CERTIFICATE OF ADOPTION
I hereby certify that the foregoing is a true copy of the
Ordinance passed at the regular meeting of the City Council held
on the 5th day of October 1981 .
ERALDINE STIPP - City Cie
4 8-
COUNCIL CHAMBER
City of wnnw�r� Q �
ORDINANCE NO. 81-0-127 (As Amended)
AN ORDINANCE AMENDING THE MENTOR CODE OF
ORDINANCES, 1969, AS AMENDED, BY THE
ADDITION OF CHAPTER 118 THERETO,. THE SAME
TITLED "MECHANICAL AND ELECTRONIC AMUSEMENT
DEVICES".
WHEREAS, it is deemed in the best interest of the City of Mentor to require
the licensing of owners, operators and distributors of mechanical and electronic
amusement devices upon approval of the Director of Public Safety.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MENTOR,
COUNTY OF LAKE, STATE OF OHIO:
SECTION 1. That the Mentor Code of Ordinances, 1969, as amended, be and the
same is hereby amended by the addition of Chapter 118 thereto, the same titled
"Mechanical and Electronic Amusement Devices", which shall read as follows:
CHAPTER 118
MECHANICAL AND ELECTRONIC AMUSEMENT DEVICES
Section
118.01 Definitions
118.02 License Required
118.03 Application for License
118.04 Issuance of License
118.05 Inspection and Enforcement Procedures
118.06 Revocation of License
118.07 Appeal
118.99 Penalty
§ 118.01 Definitions.
For the purpose of this Chapter:
(a) "Mechanical or Electronic Amusement Devices" means any machine, device or
game which, upon the insertion of a coin, slug, token, plate or disc, permits a person
or operator to use the device as a game, contest of skill or amusement, whether or not
registering a score, which may cause a person or operator of the same to secure some
amusement, enjoyment or entertainment, and which is not a gambling device or a device
which tends to encourage gambling. It shall include, but not be limited to such
devices as electronic or mechanical game machines, pinball machines, skill ball,
bowling machines, or any other mechanical or electronic games or operations similar
thereto under whatever name they may be indicated. This definition does not include
coin-operated pool tables, nor does it include coin-operated phonographs or merchandise
vending machines.
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COUNCIL CHAMBER
City of Mentor
ORDINANCE NO. 81-0-127 (2) (As amended)
(b) "Person" or "Owner" shall mean the person, firm, partnership, corporation
or association which owns any such device or is responsible for the placement or
distribution of such devices within the City of Mentor.
(c) "Director" shall mean the Director of Public Safety of the City of Mentor
or his authorized agent(s) .
§ 118.02 License Required.
No person shall keep, use, exhibit, display, or cause to be exhibited or
displayed, any mechanical or electronic amusement device, unless such device displays
in a prominent place the name and business address and telephone number of the person
owning the device, and unless an operator's license has first been secured from the
Director. A license shall be required of every owner of a mechanical or electronic
amusement device kept, used, exhibited or displayed in the City of Mentor.
§ 118.03 Application for License.
(a) Application for a license to display a mechanical or electronic amusement
device must be made to the Director.
(b) Such application shall be made by the owner of the mechanical or electronic
amusement device. The application shall state the following:
(1) The name and address, age and birthdate of the owner of
the machine or machines, or if a firm, partnership, corporation or
association, then the names and addresses of the officers and any
additional information requested by the Director.
(2) Any other information deemed relevant by the Director,
(c) The license required herein shall not be transferred to any other person.
§ 118.04 Issuance of License.
(a) Every owner at the time of application shall pay to the City the sum of
Fifty Dollars ($50.00) . Such fees shall be retained by the City until the application
is approved or refused. Each application shall be approved or reviewed no later than
sixty (60) days after the application has been filed. If the application is refused,
the fee will be refunded to the applicant, Upon approval of the application, the
Director shall issue a license to the applicant. All licenses shall be issued for a
period not to exceed one (1) year and shall expire on December 31st of each year.
No license may be transferred from one owner to another. There shall be no prorating
of fees.
-20-
COUNCIL CHAMBER
City of Mentor
ORDINANCE NO. 81-0-127 (3) (As amended)
4 118.05 Inspection and Enforcement Procedures.
The Director shall cause periodic inspections to be made of all premises or
locations where mechanical or electronic amusement devices are used, kept, exhibited
or displayed. If in the opinion of the Director, said devices are causing or con-
tributing to cause a nuisance, are being used or operated in violation of State
and/or local gambling laws, or are creating an environment detrimental to the health,
safety or welfare of the citizens of the City of Mentor, he shall immediately notify
in writing the person who is the owner of the device or devices of his findings.
If in the opinion of the Director, the conditions giving rise to his findings,
have not been abated within ten (10) days after written notice to the owner, he
shall forthwith order the owner to remove all mechanical and electronic devices
from the premises, location or locations referred to in his findings, which devices
shall be removed by the owner within five (5) days after receipt in writing of said
order of removal. Thereafter, no mechanical or electronic devices shall be permitted
in or upon the premises, location or locations from which same were ordered removed
for a period of ninety (90) days after said removal. At the expiration of ninety (90)
days, mechanical or electronic devices may again be used, kept, exhibited or displayed
in or at said premises, location or locations provided, however, that if the device
or devices are again removed from said premises, location or locations pursuant to
the provisions of this section, they shall not thereafter be permitted therein or
thereon for a period of one year from the date of removal.
The provisions of this section shall not apply to any premises, location or
locations in which beer or intoxicating liquor is permitted to be consumed on the
premises pursuant to a license duly issued by the State of Ohio, Department of
Liquor Control.
5 118.06 Revocation of License.
The Director may, at any time, suspend or revoke any mechanical or electronic
amusement device license for a violation of any of the terms or provisions of
this chapter.
5 118.07 Appeal.
In the event the Director suspends or revokes any license, the owner may within
ten (10) days, appeal in writing such suspension or revocation to a Board of Review,
composed of the Law Director, the Finance Director and a member of City Council to
be appointed by that body. The Board of Review shall fix a time and place for the
hearing of the appeal, at which time all parties interested shall be afforded an
opportunity to be heard, and the Board of Review's decision shall be final.
-21 -
5 y •
COUNCIL CHAMBER
City of Mentor
ORDINANCE NO. 81-0-127 (4) (As amended)
5 118.99 Penalty.
Whoever violates any of the provisions of this chapter shall be fined not more
than Five Hundred Dollars ($500.00) , or imprisoned not more than-six (6) months, or
both. Each day's violation shall constitute a separate offense.
SECTION 2. . That it is found and determined that All formal actions of this
Council concerning and relating to the passage of this ordinance were adopted in an
open meeting of this Council, and that all deliberations of this Council and of any
of its committees that resulted in such formal action, were in meetings open to the
public, in compliance with all legal requirements including Section 121.22 of the
Ohio Revised Code.
SECTION 3. That this ordinance shall take effect and be in force from and
after its passage at the earliest period allowed by law.
/s/ Joseph P. Tiefenbach
Mayor and President of Council
PASSED December 15 1981
ATTEST: Is/ Carolyn C. Haddock .
Clerk of Council
�paec��yooctfClerk of Council of the
City of Mentor, do hereby certify that
the foregoing is a true and e; tcopy.eof
CEr�,R h!o. Pr-o--i>7 passe( by the
Councilonthe l3adayof 10",191f/.
Clerk of CoiTncil
-22-
DOWNERS G MUNICIPAL CODE
Article XII. Coin-Operated Amusement Devices.
Sec.8A7. Definitions.
(a) The term "corn-operated amusement device", as used herein,
shall mean any machine, which, upon the insertion of a coin, slug,
token, plate or disc, may be operated by the public generally for use as
a game, entertainment or amusement, whether or not registering a
score. It shall include such devices as marble machines; pinball
machines, electronic games, skill ball, mechanical grab machines, and
all games, operations or transactions similar thereto under whatever
name they may be known. - .
(b) The term "person"as used herein shall include the following:
Any person, firm, corporation or association which owns any coin-
operated amusement device; the person, firm, corporation or
association in whose place of business any such device is placed for use
by the public;and the person, firm, corporation or association hav"ig
control over sure device, (Ord. No. 2167, § 6.)
Sec.8A8. Coin-operated amusement devices—Licenses
required.
(a) No person shall keep or display for operation or patronage
by the public within the village any coin-operated amusement device
without having first obtained a license therefor from the village clerk.
(b) No person shall engage in the business of keeping or providing
any coin-operated amusement device as defined in section 8-47 for
public use within the village without first having obtained a license
therefor from the village clerk. For purposes of this section, any
person that keeps or provides not more than one coin-operated
amusement devices on a premises that is devoted to the conduct of
another principal business shall be conclusively presumed not to be.
engaged in the business of keeping or providing coin-operated
amusement devices for public use. (Ord. No. 2167, § 6; Ord. No.
2494, § 1.)
See.8-49. Same—Application; issuance.
(a) Application for the licenses required by section 848 generally
shall be made as provided in section 8-3 of this chapter.
(b)Application for the issuance or removal of the licenses required
by section 8-48(b) shall be filed on a form or forms as prescribed by
the village manager for the purpose of providing reasonable
information concerning the applicant. An application for a coin-
operated amusement device business license shall be signed by: (i) the
applicant, if the applicant is an individual; (ii) the president and
secretary, if the applicant is a corporation; (iii) a general partner, if
the applicant is a partnership. Such application shall contain the
following information:
I. Principal kind of business engaged in,
2. Statement of whether the business will be conducted by a
manager or managers, and the name, address, date of birth and
authority of each such manager.
3. Statement of personal history of each manager conducting
business,each of whom shall meet the personal standards for issuance
of a license required of an applicant pursuant to section 8-2(a)(b) of
this chapter.
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DOWNERS GROVE MUNICIPAL CODE
�. The location of the place of business, the place where the
coin-operated amusement devices are to be kept or displayed, and a
description of all such devices to be kept or displayed on the premises.
(c) If the applicant is a corporation, the applications filed shall
contain the following information in addition to such information as
is required in paragraph (b) herein:
1. Corporate name and address and date of incorporation.
2. Name, date of birth and address of each corporate officer and
director and of each person, firm or organization owning directly or
indirectly five percent or more of the corporation's stock.
3. Statement of whether any officer, manager,director or share-
holder owning directly or indirectly five percent or more of the stock
of the corporation has ever been convicted of any of the offenses
enumerated in section 8-2(b) of this chapter.
(d) if the applicant is a partnership, the applications filed shall
contain the following information in addition to such information as
is required in paragraph (b) herein:
1. Name, date of birth and address of each general partner and
each limited partner owning directly or indirectly five percent or more
interest in the partnership.
2. Statement of whether any general partner or any limited
partner owning directly or indirectly five percent or more interest in
the partnership or any manager of the partnership has ever been
convicted of any of the offenses enumerated in section 8-2(b) of this
chapter.
(e) If the applicant is an individual, the applications filed shall
contain the following information in addition to such additional
information as is required in paragraph (b) herein:
1. Name, -date of birth and address of the applicant.
2. Statement of whether the applicant has ever been convicted of
any of the offenses enumerated in section 8-2(b) of this chapter.
. (f) The village clerk, the chief of police and. the director of
building and zoning shall investigate the information contained in the
application and shall determine the following:
1. That the premises designated by the applicant as the location
of the business comply with the provisions of the Zoning Ordinance of
the village; and
2. That the premises and the managers comply with the
provisions of section 8-51(a) of this chapter; and
3. That the applicant and each manager meet the standards for
issuance of licenses established pursuant to section 8-2 of this chapter.
(g) Subject to the limitation established as to the maximum number
of coin-operated amusement device business licenses to be issued by
section 8-49.1 of this chapter, if the investigation shows the
compliance of the applicant, its business and its managers with each of
the requirements established in paragraph (f) herein, the mayor shall
instruct the village clerk to issue the license, and upon payment by the
applicant of the license fee required hereunder, such license shall be
issued. (Ord. No. 2167, § 6; Ord. No. 2399, § 2; Ord. No. 2494, § 2)
Sec.8-49.1. Same—Maximum number of coin-operated amusement
-device business licenses to be issued by the village clerk.
There shall be outstanding at any one time a maximum of one coin-
operated amusement device business license for every ten thousand
population in the village as determined by the latest available federal
census, regular or special. (Ord. No. 2494, § 3)
-24-
Sec. 8-50. Same—Fee; transferability.
(a) The fee for the license required by section 848(a) shall be
twenty-five dollars per year per device.
Such license may be transferred from one device to another similar
device upon application to the village clerk, such application to
include a description and serial number of the new device. No fee shall
be required for the transfer of a license hereunder.'
(b) The fee for the license required by section 848(b) shall be
three hundred dollars per year and shall be valid from January I to .
December 31, or for such time as the mayor may determine
appropriate given the findings of the investigation required by section
8-49(b) and the standards of section 8-2, such time not to be less than
two months nor to extend beyond the next following December 31.
(Ord. No. 2167, § 6; Ord. No. 2399, § 3.)
See.8-51. Conditions and regulations; violation; penalty.
(a) In addition to any other condition or regulation contained in
this Code or in the statutes of the State of Illinois, the following
conditions and regulations shall be applicable to and shall govern and
control the business of keeping or providing coin-operated amusement
devices for public use within the village:
1. The walls, ceiling or floor, or any combination thereof, of
the building or structure, or portion thereof, containing such devices
shall be insulated or otherwise constructed so that no noise or
vibration that is detectable without the aid of any mechanical device
or instrument will be allowed beyond the outer perimeter of the
licensed premises.
2. No coin-operated amusement device shall be used for
purposes of or in connection with the wagering of money, goods or
merchandise upon the outcome of the use or manipulation of such
device or otherwise used for purposes of gambling as defined in
section 15-16.
3.No person under fifteen years of age shall be allowed on the
licensed premises unless accompanied by a parent, guardian or an
adult member of the immediate family of such person.
4. At all times during the hours of operation of the licensed
premises, there shall be present one of the managers who has filed the
required application information with the village clerk pursuant to
section 8-49(b) and has been determined to meet all standards of
section 8-2(a)(b) of this chapter. Each such manager shall be not less
than twenty-five years of age in order to provide adequate control and
supervision of the licensed premises and the use of the coin-operated
amusement devices present therein.
5. Upon a change of a manager conducting business for the
licensee, the licensee shall, within ten regular business days, give the
village clerk written notice of such change by actual delivery or by
registered or certified mail. The licensee shall thereafter, as promptly
as practicable, but in any event within five regular business days,
provide the information concerning the new manager which is requied
in section 8-49 (b) of this chapter. At all times during the term of the
license, at least one manager conducting the business shall be a
resident of the village and shall have proof of such residence, as
required in section 8-49(b)(4), on file with the village clerk.
2. See section 8-6 herein for requirements for transfer of the business
license for coin-operated amusement devices.
-25-
DOWNERS GROVE MUNICIPAL CODE
6. No coin-operated amusement device business shall be located
within one thousand feet of any public or private school or within one
thousand feet of any property which is zoned for residential purposes
pursuant to the Zoning Ordinance of the village.
(b) It shall be unlawful for any person licensed to engage in the
business of keeping or providing coin-operated amusement devices for
public use within the village to fail to comply with the conditions and
regulations set forth in subsection (a) of this section or to suffer or
permit noncompliance with such conditions and regulations on or
within the licensed premises.
(c) Any person, convicted of a violation of this section shall be
subject to a fine pursuant to section 8-10. (Ord. No. 2167, § 6; Ord.
No. 2399, § 4; Ord. No. 2494, § 4.)
Sec.8-51.1. Exemptions from certain provisions of this article.
Licensees holding a coin-operated amusement device business
license on December 31, 1980, and any applicant for such a license
whose application has been reviewed and approved for the issuance of
such license on or before December 1, 1980, shall not be subject to the
limitations established in section 8-49.1 and section 8-51(6) of this
article for a period of three years from such date. Thereafter, all
persons holding a coin-operated amusement device business license in
the village shall be subject to all regulations and limitations
established in this article. (Ord. No. 2494, § 5)
Sec.8-52. Suspension or revocation of license.
Nothing in the provisions of this chapter shall preclude the right of
the mayor to suspend or revoke the license of the licensee, as follows:
(a) The mayor may temporarily suspend any license issued under
the terms of this article when he has reason to believe that the
continued operation of a particular licensed premises will immediately
threaten the welfare of the community or create an imminent danger
of violation of applicable law. In such case, he may, upon the issuance
of a written order stating the reason for such determination, and
without notice or hearing, order the licensed premises closed for not
more than seven days; provided that the licensee shall be given an
opportunity to be heard in a public hearing during the seven day
period, and further provided that if such licensee shall also be engaged
in the conduct of other businesses on the licensed premises,such order
shall not be applicable to such other businesses.
(b) The mayor may suspend or revoke any license issued under the
terms of this article upon due notice to the licensee of the time and
place of a public hearing, and a public hearing, if the mayor
determines upon hearing that the licensee has failed or refused to
comply with the terms of this article, has failed or refused to comply
with other law applicable to the business of keeping or providing coin
operated amusement devices, or has been convicted by a court of
competent jurisdiction of a violation of any provision of this article.
(Ord, No. 2167, § 6; Ord. No. 2244, § 1.)
-26-
ORDINANCE AMENDING TITLE 6 SECTION 4 OF THE REVISED
GENERAL ORDINANCES OF THE BOROUGH OF FREEHOLD
ENTITLED, "LICENSING/AUTOMATIC AMUSEMENT DEVICES"
BE IT ORDAINED AND ESTABLISHED by the Mayor and Council of the Borough
of County of Monmouth, State of New Jerysev, that Title 6
Section 4 of the Revised General Ordinances of the Borough of Freehold
entitled, "Licensing/Automatic Amusement Devices", is hereby amended
and supplemented as follows:
SECTION I: Section 6-4.3 is hereby amended and supplemented as follows:
The annual license fee for each amusement game or machine, as defined in
the previous section, shall be TV?O HUNDRED FIFTY DOLLARS ($250.00) per
year except that the annual fee for juke boxes shall be FIFTY DOLLARS
($50.00) .
SECTION II: Section 6-4.7 is hereby amended and supplemented as follows:
(A) Not more than two machines or devices shall be licensed or operated
within the first two hundred square feet of public floor space of any one
place of business. A license may be issued for additional machines or
devices for every additional fifty square feet or four tines the area of
the machine whichever is greater of public floor space. Music machines
(juke Boxes) shall not be counted in the determination of the original two
machines or devices.
(B) The licensee shall, at all tines, control the sound so as not to cause
disturbance or nuisance to others in the vicinity of the machines. The
licensee shall, at all times, place the machine so that the part of the
machine from which the sound emits shall not be within five feet of the
front entrance of the place of business, and the licensee shall not, at any
time, place a music machine so that the sound is disturbing to the public
in the street or to other persons occupying the building in the imiediate
vicinity.
SECTION III: Section 6-4.7A Rules and Regulations for licensing of premises
of mre than six machines or devices.
If an applicant requests a license for Mre than six machines for any one
location, he shall provide the following:
(A) A minimum of one on-site, off-street parking space for each amusement
machine or device requested.
(B) Provide a uniform security guard and, at least, two full time supervisory
personnel who shall be on the premises at all times during the hours of
operation.
(C) No machine shall be licensed if it is to be located on a second floor
or below ground level and all machines shall be visible from the street or
outside the premises.
-27-
page 2 - Freehold, New Jersey
(D) The applicant shall submit plans to the Construction official or
other designated Borough official demonstrating that the building or
place where the machine is to be located is properly insulated to prevent
noise of both the patrons and the machines from disturbing or entering
adjacent buildings at the location. Fhrtherffore, he shall offer proof
that the location will Conform with all State noise level regulations.
(E) The applicant will submit to the Chief of Police a plan demronstrating
how the applicant intends to provide for change, tenporary storage of any
and all money, and any and all other security he intends to operate under
within his place of business or the location of the machines. The Chief
of Police shall submit a written report to the Mayor and Council of the
Borough of Freehold of this proposed plan and shall state his approval or
disapproval and reconmendations.
(F) A license for more than six machines in any one location shall not be
granted if the location is within one thousand feet of a Public School
giving instruction at least five days per week, holidays excepted, for
eight or more months per year.
(G) An application for rwre than six machines shall not be granted if the
location of the machine is within five hundred feet of any of the following:
1. A Church or any House of Worship of any religious faith.
2. A Nursing Home.
3. A lest Home.
4. A Public Library.
SECTION IV: Section 6-4.8 is hereby amended and supplemented as follows:
The licensee may substitute one machine for a similar machine without paying
any additional licensing fee, providing that he first applies to the Borough
Clerk for permission to make the exchange and supplies all the information
required for the original license. The new machine shall be described in
the license as a substituted machine and the Mayor and Council of the Borough
of Freehold may delegate authority to the Borough Clerk to issue the license
for substitution.
SECTION v: Section 6-4.9 Entitled, "The General Regulations" is hereby
amended and supplemented as follows:
(A) No change.
(B) No person under the age of 17 years shall be permitted to play or
operate any amusement device or machines as defined in Section 6-4.1 except
music machines, unless that person is accompanied by his parent or guardian.
It shall be the responsibility and duty of the licensee and his employees
to insure compliance of this Section.
(C) No change.
(D) An automatic amusemnt device or machine as defined in Section 6-4.1
may only be used or operated between the hours of 10:00 a.m. and 10:00 p.m.
-28-
page 3 - Freehold, New Jersey
on any day in which the location is open to the public except Sunday. If
the location is open to the public on Sunday, an automatic amusement device
may only be operated between the hours of 12:00 noon and 10:00 p.m.
SECTION VI: Section 6-4.12
Each machine or amusement device which is licensed, mast be renewed annually,
at which time, the Mayor and Council of the Borough of Freehold may request
reports from the Chief of Police, Building Code Official, Fire Code Official
and any other Borough official or employee for the purpose of determining
whether the applicant has conformed to the rules and regulations as set down
in the Revised General Ordinances of the Borough of Freehold in determining
whether the licenses shall be renewed.
SECTION VII: Section 6-4.13 Violations and Penalties.
Any person who violates any provision of this Ordinance shall, upon conviction
thereof, be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00) or
both by imprisonment for a term not exceeding ninety days (90) or both. Each
day that a violation occurred or is committed shall constitute a separate
offense.
SECTION VIII: If any provisions of this Ordinance or the application of such
provision�to any person or circumstance is declared invalid, such invalidity
shall not affect other provisions or applications of this act, which can be
given affect and to this end, the provisions of this act are declared to be
severable.
SECTION IX: This Ordinance shall take effect immediately upon its due passage
and location according to law.
Second Reading: 8/3/81
First Reading: 7/20/81
-29-
BE' 11' ORDAINED AND L.NACTE'D 13Y THE HARD OF ALDERMEN OF T11E CITY OF
SHEL' ON AS FOLLOWS :
C o�.N i� 1 . DEFINITIONS - As used in this section , unless the context
otherwise indicates :
a) The term "mechanical/electronic device" means any
machine which, upon the insertion of a coin , slug
or token or upon payment of a charge is operated to
register a score or tally of any kind or permits a
certain amount of "play" for entertainment or score.
It shall include such devices as pin-ball or pin-
game machines , shuffleboard devices and TV-like
devices , but shall not be strictly limited to same .
b) The word "operator" shall mean any person in whose
place of business any such machine or device is
placed for use by the public.
c) Amusement Center: Any establishment operated for
profit which houses more than three (3) mechanical/
electronic amusement devices shall be deemed to be
an Amusement Center for purposes of this ordinance .
2. LICENSES REQUIRED
Every operator of an Amusement: Center as herein defined
shall be 'required , before commencing said operation ,
to obtain an amusement center license from the Dr_part
ment of Police .
3. APPLICATIONS - Applications for the license,:; required .n the
h YCCCCdLri(; sec��.on sliall be made to the Police Department upon forms
supplied by it for that purpose . Each application shall contain the
following information under oath.
a) Name of applicant ; if a partnership , names of all
partners ; if a corporation, club or association ,
names of all. officers .
b) Residence of applicant .
c) Age of applicant ; if a corporation , club or association
organized under the laws of what- State .
d) 'type of business or activity . '
e) Whether applicant , (or if a corporation , club or
association , its officers) have ever been convicted
of a crime.
f) Place where machines or devices are to be displayed
or operated.
g) Description of types of machines to be covered by
the license .
-30-
C - '
AN 01MINANGE* REGULATING COIN OPERATED
AND MECHANICAL/ELECTRONIC AMUSEMENT DEVICES
PAGE 2
3 . APPLICATIONS - CONTINUED :
Each applicant for, or holder of a license shall notify the Chief of
Police promptly , within seven days , of any change in the information
set forth in the application.
4. INVESTIGATION OF APPLICANTS FOR LICENSES
The Chief of Police shall cause such background investigation to be
made as he deems advisable of any applicant- for a license and shall
within thirty days of filing of an application approve the same except
that he may refuse the license if he determines (a) that the operator
has been convicted of a crime involving moral turpitude ; (b) that
the business proposed for such location is not bona fide ; (c) that the
operator is not at least eighteen years of age ; (d) that the location
does not have a certificate of coning compliance or approval by the
local or State Fire Marshal and any other official having jurisdiction .
5 . ISSUANCE OF LICENSES : SUBSTITUTION OF MACHINES : LICENSES NOT
'rRANSFrRAPST.f- - -- - — -
A license shall be issued by the Police Department- only in the name of
the applicant . One mechanical./olecLroni.c amusement device may be suh-
sL'ituLeJ by a licensee for another similar machine or device under his
l.i.censc ; but in the event: of a sale or transfer of hi.s huni.neon by an
operator, a new operator ' s license shall be obtained by the transferee ,
and the operator shall notify the Chief, of: Police of. r.ucai ::aac <rr
f:cr. .
6 . LICENSE FEES
At: Cho Li.mr_ of filing the application for said license , the applicant
shall pay a fee of $100. 00.
% . The license shall be valid for so long a period of: time as
the licensee shall be the operator of the establishment which is licensed
Ahen the licensee is no longer the operator of the premises licensed , any
new operator shall be required to obtain a license as provided in this
ordinance .
8 . CONDUCT OF OPERATOR' S PLACE OF BUSINESS
a) Each operator shall maintain a good order in his place
of business and shall not permit any mechanical/electronic
amusement device to be used for gambling.
b) Each operator shall have at all times , during his hours
of business , a responsible employee on duty for the
purpose of supervising activities within and said
employee shall be at least 18 years of age and shall not
have been convicted of a crime involving moral turpitude .
-31-
AN ORDINANCE' RL'GULATING COIN OP1'RM7'ESD
AND MLCIIANICAL/ELECTRONIC AMUSEMENT DEVICES
PAGE 3
8. CONDUCT OF OPERATOR' S PLACE OF BUSINESS - CONTINUED :
c) Nothing in this section shall be construed to authorize ,
license or permit any gambling device whatsoever , or
any mechanism judicially determined to be a gambling
device , or declared contrary to law.
9 . LICENSES TO BE DISPLAYED
Operator' s license shall be posted permanently and conspicuously in
public view on the premises where the machines or devices are to be
operated or maintained.
10 . PENALTY
Any person violating any provision of this ordinance shall be fined
not more than $100 . 00 , and/or be subject to revocation of license .
11. This Ordinance will become effective by publication as provided
in the Charter of the City of Shelton.
L 32
T
ORDINANCE NO: 293
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE
ZONING ORDINANCE TEXT RELATING TO AMUSEMENT
ARCADES.
CASE NO. ZOA 02-82
WHEREAS, the City Council of the City of Palm Desert, California, did on the
25th, day of March, 1982, hold a duly noticed Public Hearing, to consider a proposed
amendment to the Municipal Code relating to amusement arcades.
i
j WHEREAS, the Planning Commission, by Resolution No. 784, has
recommended approval; and,
WHEREAS, said application has complied with requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined the
project is a Class 5 Categorical Exemption; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to approve a Zoning Ordinance Text Amendment.
1. That the Zoning Ordinance Amendment is consistent
with the objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent
with the adopted General Plan.
3. That the Zoning Ordinance Amendment would better
serve the public health, safety, and general welfare,
than the current regulations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert,-as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Council in this case.
2. That it does hereby approve a Zoning Ordinance Text
Amendment, as provided in the attached exhibit, labeled
Exhibit "A".
3. The City Clerk is directed to publish this Ordinance once in the
Palm Desert Post, a newspaper of general circulation, published
and circulated in the City of Palm Desert, and shall certify to
the passage of adoption of this Ordinance, and the same shall be
in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of Aril 1982, by the following vote to wit:
AYES: Puluqi, Snyder and Wilson
NOES: Newbrander
ABSENT: McPherson
r
j ABSTAIN: None
OY , Mayor
ATTEST: 1,
SHEILA R. GILL GAN, City rk
City of Palm Desert, Califo a
/pa
J
ORDINANCE NO: 293
EXHIBIT A
25.04.041 Amusement Arcade. Any business having five or more mechanical or
electronic games as defined herein Section 25.04.541.
25.04.541 Mechanical or Electronic Game. Any machine, apparatus, "
contrivance, appliance, or device which may be operated or played upon the placing or
depositing therein of any coin, check, slug, ball, or any other article or device, or by j
paying therefore either in advance of or after use, involving in its use either skill or I
chance, including, but not limited to tape machine, card machine, pinball machine,
bowling game machine, shuffleboard machine, marble game machine, horseracing
machine, bowling game machine, baseball game machine, football game machine,
electronic video game, or any other similar machine or device.
Amend Section 25.28.030 (c) under Conditional Uses to read:
"Amusement and recreation establishments including but not limited to
theatre and amusement arcades".
Amend Section 25.30.020 (a) and (b) in the District and Regional Center by adding:
"Amusement and recreation establishments including but not limited
to theatre and amusement arcades".
In addition, add to Sections 25.28.030 and 25.30.020 (a) and (b):
1. All businesses presently having five or more mechanical or electronic games
shall either apply for a 'conditional use within six months of the date of ordinance, or
reduce the number of said games to four.
2. If applicant is refused a Conditional Use Permit, individual shall reduce the }
number of said games to four-within sixty days of denial of permit request.
t
CITY OF PALM DESERT
TRANSMITTAL LETTER
TO: Honorable Mayor and City Council
REQUEST: Consideration of an amendment to the Zoning Ordinance relating to
amusement arcades.
APPLICANT: City-of Palm Desert
CASE NO: ZOA 02-82
DATE: March 25, 1982
CONTENTS:
A. Staff Recommendation
B. Discussion
C. Draft Ordinance No.
D. Planning Commission Minutes involving Case No. ZOA 02-82
E. Planning Commission Resolution No. 784.
F. Planning Commission staff report dated March 2, 1982.
G. Related maps and/or exhibits.
--------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and pass Ordinance No. to second reading.
B. DISCUSSION:
The proposed amendment will clarify what constitutes an amusement arcade as
well as adding new restrictions for their operation. The Planning Commission after
giving the matter due consideration, decided that 5 or more mechanical or
electronic games shall constitute an arcade which will require that a Conditional
Use Permit be granted. Fewer than 5 machines will not require that a Conditional
Use Permit be issued.
The Planning Commission initially considered this matter at its February 16, 1982,
meeting at which time the hearing was continued to the meeting of March 2, 1982.
At the February 16, 1982, meeting. Commissioner Wood expressed reservations over
the proposed Ordinance and because only 3 Commissioners were present, it was
decided to continue the matter.
At the continued hearing of March 2, 1982, Planning Commission discussion
centered on the appropriate number of games to be permitted before a Conditional
Use Permit is required. Staff advised Planning Commission that there are no pure
arcades and a survey of those businesses that presently have video machines as an
ancillary use generally have less than 4 and the Ordinance would not cause a
hardship.
No one from the public spoke in favor or in opposition to the proposed Ordinance.
The Planning Commission voted 3-0-2 (with Commissioner Wood abstaining and
Commissioner Richards abstaining because of a lack of any real feeling on the
issue) to recommend approval to the City Council of a Zoning Ordinance
amendment defining an amusement arcade as any business having 5 or more
mechanical electronic games. A Conditional Use Permit shall be required for all
amusement arcades.
/pa
ORDINANCE NO:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING THE
ZONING ORDINANCE TEXT RELATING TO AMUSEMENT
ARCADES.
CASE NO. ZOA 02-82
WHEREAS, the City Council of the City of Palm Desert, California, did on the
!� 25th, day of March, 1982, hold a duly noticed Public Hearing, to consider a proposed
amendment to the Municipal Code relating to amusement arcades.
`. WHEREAS, the Planning Commission, by Resolution No. 784, has
recommended approval; and,
WHEREAS, said application has complied with requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-891f, in that the Director of Environmental Services has determined the
project is a Class 5 Categorical Exemption; and,
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to exist to approve a Zoning Ordinance Text Amendment.
1. That the Zoning Ordinance Amendment is consistent
with the objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent
with the adopted General Plan.
3. That the Zoning Ordinance Amendment would better
serve the public health, safety, and general welfare,
than the current regulations.
Cd NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Desert, as follows:
1
1. That the above recitations are true and correct and constitute
the considerations of the Council in this case.
2. That it does hereby approve a Zoning Ordinance Text
Amendment, as provided in the attached exhibit, labeled
Exhibit "A".
3. The City Clerk is directed to publish this Ordinance once in the
Palm Desert Post, a newspaper of general circulation, published
and circulated in the City of Palm Desert, and shall certify to
the passage of adoption of this Ordinance, and the same shall be
in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, held on this day of by the following vote to
wit:
AYES:
NOES:
' ABSENT:
ABSTAIN:
S. ROY WILSON, Mayor
ATTEST:
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
/Pa
ORDINANCE NO:
EXHIBIT A
25.04.041 Amusement Arcade. Any business having five or more mechanical or
electronic games as defined herein Section 25.04.541.
UN
25.04.541 Mechanical or Electronic Game. Any machine, apparatus,
contrivance, appliance, or device which may be operated or played upon the placing or
depositing therein of any coin, check, slug, ball, or any other article or device, or by
paying therefore either in advance of or after use, involving in its use either skill or
chance, including, but not limited to tape machine, card machine, pinball machine,
bowling game machine, shuffleboard machine, marble game machine, horseracing
machine, bowling game machine, baseball game machine, football game machine,
electronic video game, or any other similar machine or device.
Amend Section 25.28.030 (c) under Conditional Uses to read:
"Amusement and recreation establishments including but not limited to
theatre and amusement arcades".
Amend Section 25.30.020 (a) and (b) in the District and Regional Center by adding:
"Amusement and recreation establishments including but not limited
to theatre and amusement arcades".
In addition, add to Sections 25.28.030 and 25.30.020 (a) and (b):
1. All businesses presently having five or more mechanical or electronic games
shall either apply for a conditional use within six months of the date of ordinance, or
reduce the number of said games to five.
2. If applicant is refused a Conditional Use Permit, individual shall reduce the
number of said games to five within sixty days of denial of permit request.
tA1
PLANNING COMMISSION RESOLUTION NO. 784
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL
OF AN AMENDMENT TO THE ZONING ORDINANCE
TEXT RELATING—TO-.A USEMENT ARCADES.
CASE N . ZOA 02-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
vthe 16th day of February, 1982, hold a duly noticed public hearing and continued hearing
on the 2nd day of March, 1982, to consider proposed amendment of the Municipal Code
�. : relating to amusement arcades;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-891f, in that the Director of Environmental Services has determined the
project to be a Class 5 Categorical Exemption; and,
i
WHEREAS, at said public hearing, upon hearings and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did find
the following facts and reasons to exist to recommend approval of a Zoning Ordinance
Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
ti NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of March, 1982, by the following vote, to wit:
AYES: CRITES, MILLER, KRYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: WOOD, RICHARDS
GEORGE D. KRYDER, Chairman
ATTEST:
i
RAMON A. DIAZ, Secretary
Ar
PLANNING COMMISSION RESOLUTION NO. 784
EXHIBIT A
25.04.041 Amusement Arcade. Any business having five or more mechanical or
electronic games as defined herein Section 25.04.541.
25.04.541 Mechanical or Electronic Game. Any machine, apparatus, contrivance,
appliance, or device which may be operated or played upon the placing or depositing —
therein of any coin, check, slug, ball, or any other article or device, or by paying
therefore either in advance of or after use, involving in its use either skill or chance,
including, but not limited to tape machine, card machine, pinball machine, bowling game
machine, shuffleboard machine, marble game machine, horseracing machine, basketball
game machine, baseball game machine, football game machine, electronic video game, or
any other similar machine or device.
Amend Section 25.28.030 (c) under Conditional Uses to read:
"Amusement and recreation establishments including but not limited
to theater, and amusement arcades."
Amend Section 25.30.020 (a) and (b) in the District and Regional Center by adding:
"Amusement and recreation establishments including but not
limited to theater, and amusement arcades."
In addition, add to Sections 25.28.030 and 25.30.020 (a) and (b):
1. All businesses presently having five or more mechanical or electronic games
shall either apply for a conditional use within six months of the date of ordinance, or
reduce the number of said games to five.
2. If applicant is refused a Conditional Use Permit, individual shall reduce the
number of said games to five within sixty days of denial of permit request.
low
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - MARCH 2, 1982
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
Chairman Kryder called the meeting to order at 7:00 P.M.
IL PLEDGE OF ALLEGIANCE - Commissioner Crites
III. ROLL CALL
Members Present: Commissioner Crites
Commissioner Miller
Commissioner Richards
Commissioner Wood
Chairman Kryder
Staff Present: RAmon Diaz, Director of Environmental Services
Stan Sawa, Principal Planner
Steve Smith, Associate Planner
Linda Russell, Planning Secretary
Others Present: Barry McClellan, Director of Public Works
IV. APPROVAL OF MINUTES: February 16, 1982
Moved by Commissioner Wood, seconded by Commissioner Richards, to approve the
minutes as submitted. Carried 5-0.
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz reviewed the actions of the Council for the meeting of February 25, 1982.
VI. CONSENT CALENDAR - NONE
VII. PUBLIC HEARINGS
A. Continued Case No. ZOA 02-82 - CITY OF PALM DESERT, Applicant
Consideration of an amendment to the Zoning Ordinance
defining and requiring amusement arcades to obtain a
Conditional Use Permit.
Mr. Diaz reported that the proposed Ordinance defines arcades as any
establishment having 5 or more mechanical or electronic.games . He explained a city
survey showed those businesses that presently have video machines generally have less
than 4 and the ordinance would not cause a hardship. Those who have 5 or more would be
required to conform with the ordinance within 6 months. Staff recommended approval.
Chairman Kryder opened the public hearing and asked if anyone wished to speak in
FAVOR or OPPOSITION to this matter. There being none, the public hearing was closed.
'Commissioner Wood voiced concern with the number set forth in the ordinance
based on his experience at the Food King Market where an apparent problem of congestion
and confusion had been caused by game machines. He suggested the amendment to be 9
or more" rather than 5 or more.
Commissioner Kryder stated that the store owners should determine if game
machines were creating problems and that the city indicated that it might create a
hardship for many if the amendment was reduced from 5 or more.
Commissioner Crites concurred with Commissioner Kryder stating that there was
no valid reason to not concur with staff.
-1-
MINUTES
PALM DESERT PLANNING COMMISSION
MARCH 2, 1982
Commissioner Richards concurred with Commissioner Wood's concern but added
stores having a larger area would not have congestion, so it should be left up to the
descretion of market owners to determine the number of machines to be used within the
limits of the proposed Ordinance.
Moved by Commissioner Crites, seconded by Commissioner Miller, to adopt
Planning Commission Resolution No. 784, recommending approval to the City Council of
ZOA 02-82, as presenteq by staff, defining arcades as 5 or more electronic and
mechanical machines with a Conditional Use Permit. Carried 3-0-2 (with Commissioner
Wood abstaining; and, Commissioner Richards abstaining because of lack of any real
feeling on the issue).
B. Case No. DP 09-81, TT 18027 (Amendment) and 229 MF - HOFFMAN
BUILDERS, INC., Applicant
Request for approval of a Development Plan, an amended
Tentative Tract Map for condominium purposes and
preliminary 10 condominium units in the PR-7, S.P. zone
(Planned Residential, 7 d.u./acre, Scenic Preservation
Overlay) located at the southeast corner of Parkview Drive
and future extension of Fairhaven Drive.
Mr. Smith presented the staff report for this request stating that the main concern
was the height of 30 ft. The Municipal Code limits height in the PR-7 to 30 ft. or two
stories, therefore, the proposed project would conform if the garages were lowered 4 feet
below grade to conform to the definition of "basement". Staff recommended approval.
Commissioner Richards asked if the actual 30 ft. limit is from normal grade or
could they build pads up and then dig down. Mr. Diaz replied that height is measured from
finished grade but the review process precludes artifical pad construction.
Commissioner Wood asked for clarification of the height limit because of
misunderstandings with the project on Ryway Place. Mr. Diaz explained that the
Ordinances written in 1975 state that a basement is not to be included as a story and the
height of the basement above grade is not to be included in the height limit. In the case
of Ryway Place and this project, staff did include the area above grade in measuring total
height.
Chairman Kryder opened the public hearing and asked if the applicant wished to
make a presentation.
MR. CHARLES MARTIN, 73-160 El Paseo, stated he was present to answer any
questions the Commission might have.
In response to a question relating to garage drainage, Mr. Martin explained that the
Civil Engineer would resolve this problem. Mr. Martin then stated that they were now
looking into the correct definition of a story to exclude a mezzanine with a bathroom.
Mr. Diaz clarified to Mr. Martin that the definition in the Municipal Code would have to
be followed, and any determination by ICBO would not impact the code.
Chairman Kryder closed the public hearing and asked for further comments from
the Commission.
Commissioner Richards wanted the applicant to understand that in no way would
the height of the building exceed 30 ft.
Mr. Martin reviewed the conditions briefly and stated he concurred.
Moved by Commissioner Crites, seconded by Commissioner Richards, to adopt
findings as recommended by Staff. Carried unanimously 5-0.
Moved by Commissioner Wood, seconded by Commissioner Richards, to waive
further reading and adopt Planning Commission Resolution No. 785, recommending
approval of TT 18027 (Amendment) to City Council, and Planning Commission Resolution
No. 786, approving DP 09-81 and 229 MF and Negative Declaration of Environmental
Impact. Carried unanimously 5-0.
-�
-2-
1
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
REPORT ON: Zoning Ordinance Amendment relating to Amusement Arcade
APPLICANT: City of Palm Desert
CASE NO: ZOA 02-82
DATE: March 2, 1982, continued from February 16, 1982
BACKGROUND:
The attached report was before Planning Commission at its meeting of February 16, 1982,
at which time th application was continued to the March 2, 1982 meeting. Commissioner
Wood expressed some concerns with regard to amusement arcades and it was the
concensus of those Commissioners present that the matter should be held over for
additional discussion when more Commission members are present.
4&� 6
STAN B. SAWA
PRINCIPAL PLANNER
Ar
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
REPORT ON:
Zoning Ordinance Amendment relating to Amusement Arcades.
APPLICANT:
City of Palm Desert
CASE NO: ZOA 02-82
DATE: February 16, 1982
I. REQUEST:
Amendment to the Zoning Ordinance relating to Amusement Arcades.
II. BACKGROUND:
A. CASE INITIATION
This proposed amendment was generated as a result of City Council concern
with CUP 09-78 Amendment 2. This will be explained further in the
discussion portion of this report.
B. ENVIRONMENTAL ASSESSMENT
The proposed amendment is a Class 5 Categorical Exemption for purposes of
CEQA.
in. DISCUSSION:
The Planning Commission at its meeting of January 19, 1982, approved CUP 09-78
Amendment 2 to permit the operation of an amusement arcade in conjunction with
a Straw Hat Pizza Parlor located at 73-155 Highway 111. The case was called up
for review by the City Council. "At that time the need for additional clarification
to the City regulations relating to amusement arcades became evident.
Under the current City regulations there is no limitation or special permit required
when an individual introduces game machines as in accessory use. If a person,
however, decides to initially utilize a building with game machines he must acquire
a conditional use permit. It is staff's feeling that the number of machines should
determine whether an amusement arcade requiring a CUP exists or not.
At its study session of January 28, 1982, the Council received a staff report
recommending that if a business installed more than three machines a conditional
use permit for an amusement arcade should be required. Council instructed staff
to further examine the limitation on the number of machines. After having
examined many stores in the City, staff has determined that five machines may be
a more appropriate number to base the need for a conditional use permit.
IV. PROPOSED AMENDMENT:
See attached Exhibit A.
V. STAFF RECOMMENDATION:
Staff would recommend to the Commission that it adopt Planning Commission
-1-
V
ZOA 02-82
February 16, 1982
Resolution No. , relating to amusement arcades.
"A Resolution of the Planning Commission of the City of
Palm Desert, California, recommending approval to the City
Council of an amendment to the Zoning Ordinance Text
relating to amusement arcades."
' I
Prepared b �'
/lr
-2-
L _
ZOA 02-82
February 16, 1982
Resolution No. , relating to amusement arcades.
"A Resolution of the Planning Commission of the City of
Palm Desert, California, recommending approval to the City
Council of an amendment to the Zoning Ordinance Text
relating to amusement arcades."
Prepared b '
Ar
-2-
PLANNING COMMISSION RESOLUTION NO. ###
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF
AN AMENDMENT TO THE ZONING ORDINANCE TEXT
RELATING TO AMUSEMENT ARCADES.
CASE NO. ZOA 02-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of February, 1982, hold a duly noticed public hearing and continued hearing
on the 2nd day of March, 1982, to consider proposed amendment of the Municipal Code
relating to amusement arcades;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-8911, in that the Director of Environmental Services has determined the
project to be a Class 5 Categorical Exemption; and,
WHEREAS, at said public hearing, upon hearings and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did find
the following facts and reasons to exist to recommend approval of a Zoning Ordinance
Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of March, 1982, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GEORGE D. KRYDER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
a �
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT A
25.04.041 Amusement Arcade. Any business having five or more mechanical or
electronic games as defined herein Section 25.04.541.
25.04.541 Mechanical or Electronic Game. Any machine, apparatus, contrivance,
appliance, or device which may be operated or played upon the placing or depositing
therein of any coin, check, slug, ball, or any other article or device, or by paying
therefore either in advance of or after use, involving in its use either skill or chance,
including, but not limited to tape machine, card machine, pinball machine, bowling game
machine, shuffleboard machine, marble game machine, horseracing machine, basketball
game machine, baseball game machine, football game machine, electronic video game, or
any other similar machine or device.
Amend Section 25.28.030 (c) under Conditional Uses to read:
"Amusement and recreation establishments including but not limited
to theater, and amusement arcades."
Amend Section 25.30.020 (a) and (b) in the District and Regional Center by adding:
"Amusement and recreation establishments including but not
limited to theater, and amusement arcades."
In addition, add to Sections 25.28.030 and 25.30.020 (a) and (b):
1. All businesses presently having five or more mechanical or electronic games
shall either apply for a conditional use within six months of the date of ordinance, or
reduce the number of said games to five.
2. If applicant is refused a Conditional Use Permit, individual shall reduce the
number of said games to five within sixty days of denial of permit request.
14
March 4, 1982
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. ZOA 02-82
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
City Council to consider a request by the City of Palm Desert, for approval of a Zoning
Ordinance Amendment relating to arcades.
SAID Public Hearing will be held on. March 25, 1982, at 7:00 p.m., in the Council
Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard.
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert
PUBLISH: Palm Desert Post
March 11, 1982
/pa
s
l M A X
IV"� t/•
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
REPORT ON:
Zoning Ordinance Amendment relating to Amusement Arcades.
APPLICANT:
City of Palm Desert
CASE NO: ZOA 02-82
DATE: February 16, 1982
I. REQUEST:
Amendment to the Zoning Ordinance relating to Amusement Arcades.
IL BACKGROUND•
A. CASE INITIATION
This proposed amendment was generated as a result of City Council concern
with CUP 09-78 Amendment 2. This will be explained further in the
discussion portion of this report.
B. ENVIRONMENTAL ASSESSMENT
The proposed amendment is a Class 5 Categorical Exemption for purposes of
CEQA.
Ili. DISCUSSION:
The Planning Commission at its meeting of January 19, 1982, approved CUP 09-78
Amendment 2 to permit the operation of an amusement arcade in conjunction with
a Straw Hat Pizza Parlor located at 73-155 Highway 111. The case was called up
for review by the City Council. At that time the need for additional clarification
to the City regulations relating to amusement arcades became evident.
Under the current City regulations there is no limitation or special permit required
when an individual introduces game machines as in accessory use. If a person,
however, decides to initially utilize a building with game machines he must acquire
a conditional use permit. It is staff's feeling that the number of machines should
determine whether an amusement arcade requiring a CUP exists or not.
At its study session of January 28, 1982, the Council received a staff report
recommending that if a business installed more than three machines a conditional
use permit for an amusement arcade should be required. Council instructed staff
to further examine the limitation on the number of machines. After having
examined many stores in the City, staff has determined that five machines may be
a more appropriate number to base the need for a conditional use permit.
IV. PROPOSED AMENDMENT:
See attached Exhibit A.
V. STAFF RECOMMENDATION:
Staff would recommend to the Commission that it adopt Planning Commission
-1-
J
` M
C
ZOA 02-82
February 16, 1982
Resolution No. , relating to amusement arcades.
"A Resolution of the Planning Commission of the City of
Palm Desert, California, recommending approval to the City
Council of an amendment to the Zoning Ordinance Text
relating to amusement arcades."
Prepared b
Ar
-2-
PLANNING COMMISSION RESOLUTION NO. #fife
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA,
RECOMMENDING APPROVAL TO THE CITY COUNCIL OF
AN AMENDMENT TO THE ZONING ORDINANCE TEXT
RELATING TO AMUSEMENT ARCADES.
CASE NO. ZOA 02-82
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of February, 1982, hold a duly noticed public hearing to consider proposed
amendment of the Municipal Code relating to amusement arcades;
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedures to Implement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined the
project to be a Class 5 Categorical Exemption; and,
WHEREAS, at said public hearing, upon hearings and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Planning Commission did find
the following facts and reasons to exist to recommend approval of a Zoning Ordinance
Text Amendment:
1. That the Zoning Ordinance Amendment is consistent with the
objectives of the Zoning Ordinance.
2. That the Zoning Ordinance Amendment is consistent with the
adopted General Plan.
3. That the Zoning Ordinance Amendment would better serve the
public health, safety and general welfare, than the current
regulations.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Palm Desert, as follows:
1. That the above recitations are true and correct and constitute
the considerations of the Commission in this case;
2. That it does hereby recommend a Zoning Ordinance Text Amendment,
as provided in the attached exhibit, labeled Exhibit "A".
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of February, 1982, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
GEORGE D. KRYDER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
Ar
P
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT A
25.04.041 Amusement Arcade. Any business having five or more mechanical or
electronic games as defined herein Section 25.04.541.
25.04.541 Mechanical or Electronic Game. Any machine, apparatus, contrivance,
appliance, or device which may be operated or played upon the placing or depositing
therein of any coin, check, slug, ball, or any other article or device, or by paying
therefore either in advance of or after use, involving in its use either skill or chance,
including, but not limited to tape machine, card machine, pinball machine, bowling game
machine, shuffleboard machine, marble game machine, horseracing machine, basketball
game machine, baseball game machine, football game machine, electronic video game, or
any other similar machine or device.
Amend Section 25.28.030 (c) under Conditional Uses to read:
"Amusement and recreation establishments including but not limited
to theater, and amusement arcades."
Amend Section 25.30.020 (a) and (b) in the District and Regional Center by adding:
"Amusement and recreation establishments including but not
limited to theater, and amusement arcades."
In addition, add to Sections 25.28.030 and 25.30.020 (a) and (b):
1. All businesses presently having five or more mechanical or electronic games
shall either apply for a conditional use within six months of the date of ordinance, or
reduce the number of said games to five.
2. If applicant is refused a Conditional Use Permit, individual shall reduce the
number of said games to five within sixty days of denial of permit request.
PROOF OF PUBLICATION
(20109 2015 .5 CCP)
PROOF OF PUBLICATION OF
LEGAL NOTICE
ZOA 02-82
I am a citizen of the United
States and a resident of the
County aforesaid ; I am over the
age of eighteen years, and not
a party to or interested in the
above entitled matter . I am the
principal clerk of the printer
of THE DESERT POST , tifv of Im rxrt
a newspaper of general circular Ju once2�y�
tion , printed and published weekly REOU6s pP;R* t
OFA ZO 1 R.D INANCE
in the city of Riversides County AMENDM TRBL' NO
9r01%RCACl
of Riverside, and which newspaper, CASE No;ZOA
NOTICEv4S•il-I@ REB
has been adjudged a newspaper of EN thata.PublrC1%ear In
;be held beforrhe Pgl
general circulation ay the sert Planning 'be Pal o
consider o'r &st he,' iv.
Superior Court of the County of of Palm Df,i p�proval
or a Zonlnp Ordin'. Amend-
kiverside, State of California, men r rel DP Jill wJJ
SAID PUbI _ eorlpg.Wlq
under dale of October 59 1964, heltl on-F
Case number 83658 ; that the Ml
cvHal I
ie �
notice, of which the annexed is Lane, Pored• nro,r
nla, at whIC i
a printed copy, has been published oil lnreresr °°CnG
yrtetl to atte 6e�fMarIn
in each regular and entire issue RAMON.A. DIAz eSearefart
d.
Palm DeI Planning
of said Newspaper and not in any Commission
supplement thereof on the following PDP-2/4
dates , to-wit:
02/4 ,1982
I Certify (or declare) under
penalty of perjury that the
foregoing is true and correct.
Dated February 49 1982
at Riverside, California
CITY OF PALM DESERT
City of Palm Desert
Legal Notice
January 28, 1982
REQUEST FOR APPROVAL OF A ZONING ORDINANCE
AMENDMENT RELATING TO ARCADES.
CASE NO: ZOA 02-82
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
Planning Commission to consider a request by the City of Palm Desert, for approval of a
Zoning Ordinance Amendment relating to arcades.
SAID Public Hearing will be held on February 16, 1982, at 2:00 p.m., in the Council
Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard.
RAMON A. DIAZ, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
February 1982
/pa µ