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HomeMy WebLinkAbout83-4 - Amending Title 5 of the Newport Beach Municipal Code Regarding the Regulation of Amusement DevicesE that: ORDINANCE NO. 83 -4 AN 'ORDINANCE "OF THE CITY OF NEWPORT BEACH AMENDING TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING THE REGULATION 'OF AmsEMENP DEVICBs The City Council of the City of Newport Beach finds Amusement devices, specifically electronic video game machines, are becoming more wide- spread in the City of Newport Beach, are being installed in commercial establishments whose primary business is unrelated to these devices and there is an increasing number of these devices being installed within any single location. iThe City Council also finds that the installation of amusement devices, within a business, can have an adverse impact on the community because of increased traffic congestion, increased noise, reduced access to commercial establishments, reduced parking opportunities, increased litter and other adverse impacts on the health, safety and general welfare of the community. Amusement devices are operated primarily by children of school age and businesses which have installed video games tends to attract school children to those games during school hours, thus promoting truancy and interfering with the educational process within the City of Newport Beach. Regulation of the installation, maintenance and operation of amusement devices within commercial establishments is necessary to ensure is that the adverse impacts on the health, safety and welfare of the community are minimized, and existing regulations and standards are inadequate to accomplish these goals. NOW, THEREFORE, the City Council of the City of Newport Beach DOES-ORDAIN as follows: Section 1. Section 5.34.010 of the Newport Beach Muni- cipal Code shall be amended to read as follows: 5.34.010 Definitions. For the purpose of this chap- ter, the following words or terms, shall be defined as follows: CITY MANAGER The term "City Manager" shall mean the City Manager of the City of Newport Beach or the duly authorized representative thereof, including but not limited to, the License Supervisor and /or License Inspector. DEVICE. The term "amusement device" shall mean any machine, electronic video game, game or device which may be played or operated by the public for purposes of amusement or recreation, the operation, use or play of which is controlled by, or conditioned upon, the placement therein of any coin, token, plate, disc, slug, key, or other device, or by the payment of any fee. The term "amusement device" shall include, but not be limited to, any machine or device commonly known as an electronic video game, pin game, pinball machine, one -shot marble game, horse race machine, claw, scoop or grab machine, rotary machine, shuffleboard game, ski ball game, skill game, and all games and activities of a similar nature whatever they may be called. The term "amusement device" shall not be construed to include any vending machine or any coin operated machine which plays recorded musi c. 2 • POOL TABLE. The term "pool table" shall mean any table 9 regardless of its size on which the games of pool, billiards, snooker, bagatelle, or similar games, may be played. Eo7IPMENT. The term "equipment" shall mean one or more pool tables or amusement devices or any combination thereof. FUN ZONE. The term "fun zone" shall mean the area bounded by Main Street, Bay Avenue, Palm Street and Newport Bay. 5.34.020 Permit Required for Pool Tables and Amusement Devices No person shall keep, maintain or possess in any place of business open to the public one or more pool tables or amuse- ment devices without first having obtained a permit to do so in accordance with the provisions of this Chapter. Such permits shall be in the name of the owner or operator of the business premises at which the equipment is to be located. 5.34.030 Application For Permit. Applications for . such permits shall be filed with the City Manager on forms supplied by the City together with an application fee as estab- lished by Resolution of the City Council to cover the cost of possessing and investigating. Application shall be made by, or on behalf of, the owner or operator of the business premises at which the equipment is to be located. The application shall contain such information as may be deemed necessary by the City Manager and shall be signed and verified by the applicant. The City Manager may require that the applicant and the person or persons responsible for the management or operation of the pre- mises be fingerprinted. • 3 5.34.040 Issuance of Permit - investigation. Upon • receiving an application for a permit, the City Manager shall cause an investigation to be conducted to determine whether installation of the amusement devices at the location, and in the number, requested by applicant, would conform to the development standards established in Section 5.34.050. If, after the inves- tigation, the City Manager determines that the application for a permit conforms, in all respects, to the development standards established in Section 5.34.050, the City Manager shall issue the permit. If the City Manager determines that the application does not conform to the development standards established in Section 5.34.050, the City Manager shall deny the permit unless the City Manager determines that the failure to comply with the develop- ment standards will have no greater adverse impact than would strict compliance with the development standards. In granting • permits, the City Manager may impose such conditions as may be deemed appropriate to preserve and protect the public health, safety and welfare and to ensure conformance with the development standards outlined in Section 5.34.050. Conditions of approval that may be imposed by the City Manager, include, but are not limited to, a limitation on the number of machines that may be installed, the type of machine that may be installed, the manner in which the applicant proposes to supervise the use of the mac- hines, and the location of the machines within the building or structure owned or operated by the applicant. If the application is denied, the applicant shall be so advised, in writing, by Certified Mail, directed to the address shown on the application or by personal service. Service of the Notice shall be deemed 40 4 complete upon deposit of the Notice in the U.S. Mail, postage prepaid and addressed as provided above. . 5.34.050 Development Standards No permit shall be issued pursuant to this Chapter unless and until the City Manager, or his duly authorized representative, is satisfied that the applicant fully conforms with the following development standards: (a) All .equipment within a business or structure shall be visible to, and supervised by, an adult employed by the applicant. The adult employee charged with the responsibility of supervising the equipment shall be present at all times that the equipment is available for use; (b) The applicant must provide accessible and adequate offstreet parking facilities for automo- biles, with one offstreet parking space to be provided for each three machines, or any fraction thereof, installed or to be installed. In the event that applicant proposes to install amusement devices, applicant must also provide adequate onsite, • bicycle parking spaces as well as storage facilities necessary to prevent the accumulation of skateboards and other objects on nearby public property; (c) In the event that applicant proposes to sell or dispense food on the premises, adequate waste receptacles shall be located in the vicinity of the equipment; (d) The building of structure in which the equipment is installed must be located at least 100 ft.. from any residential district (as defined in Part 2 of Title 20 of this Code), as estalished by the Districting Map of the City of Newport Beach and at least 1000 ft. from any public or private school; (e) The management, operation, and supervision of the business or enterprise conducted by the applicant shall be sufficient to ensure that any 5 `J conditions to the approval of the permit are, at all times, satisfied, and that there is no conduct, either on or off the • premises, that is, in any way, detrimental to the public health, safety or welfare or adverse to the peace and quiet of the neighborhood. 5.34.060 Addition or Substitution of Equipment. Any person issued a permit pursuant to this Chapter, must advise the City Manager, in writing, of any change in the circumstances pursuant to which the business or enterprise in which the equipment is installed is conducted. If, in the opinion of the City Manager, the change in circumstance might have a material impact on the permit, or conditions imposed upon the permit, the City Manager shall direct the permittee to file an application seeking amendment of the permit, the application to be accompanied by a fee as established by resolution of the City Council. The City Manager, upon investigation of the change in circumstances, may issue an amended permit, an amended permit with additional conditions, or deny the request for amendment to the permit. Notice of the action shall be provided in the same manner as the notice for denial of the issuance of a permit. is 6 5.34.070 Permits Non- Transf erable Permits issued • under this Chapter are not transferable. Prior to the sale, assignment or transfer of ownership or possession of any equipment, or any business or enterprise in which equipment is installed, the new owner, transf erree or assignee shall make application for, and obtain, a new permit for the equipment, and the issuance of a new permit is a prerequisite to any right on the part of the new owner, transfer or assignee to keep or main- tain any equipment in any business or enterprise. 5.34.080 Display of Permit Any permit issued under this Chapter shall, at all times, be posted and displayed in a conspicuous place on the premises where the equipment covered by the permit is located. 5.34.090 Prohibited Conduct it shall be unlawful for any person to allow, engage in, or participate in, the following • conduct, in any building or structure in which any equipment is installed, maintained or operated: (a) The use of any equipment by any person under the age of eighteen years before 3:30 p.m., Monday through Friday, daily, unless that person is accompanied by a parent or guardian who is actually exercising care, custody and control of the minor, provided however, this restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Newport Beach; (b) Gambling, betting or wagering of any kind, either on or off the premises; • 7 (c) Conduct which disturbs the peace and quiet of the • neighborhood or which adversely impacts on the health, welfare or safety of the general public; (d) The use of any equipment by any person under the age of twenty -one (21) where such equipment is located within an area which is required to be posted, by the Alcoholic Beverage Control Board of the State of California, for occupancy by persons twenty -one (21) years or older. The owner, manager, operator or other person in charge of the business or enterprise in which such conduct has occurred, and the person, if any, who has secured a permit for the instal- lation, maintenance and operation of the equipment within such business or enterprise, shall each be considered responsible for violtions of this Section, and Chapter. 5.34.100 Revocation of Permit. The City Manager may • revoke any permit issued under the provisions of this Chapter upon any one or more of the following grounds: A. Said permit was procured by false statement, mis- representation or non- disclosure of a material fact when such fact would have constituted good cause for denying the applica- tion for such permit. B. The permittee has ceased to meet any of the requirements for issuance of a permit, or has failed to comply with any of the conditions imposed upon the issuance of the per- mit. • 8 C. Any failure on the part of the permittee or the • owner, manager or other person in charge of the premises on which the equipment is installed, to comply with the provisions of Section 5.34.055. D. The premises for which the permit was issued is being operated in an illegal or disorderly manner. E. Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neighbor- hood. F. The business or establishment for which the permit was issued has had an adverse impact on the health, safety or welfare of the neighborhood or the general public. G. The Permittee has been convicted of a felony, or an offense involving moral turpitude. 5.34.110 Appeals from Action of City Manager. If any • applicant or permittee is aggrieved by any action, or failure to act, on the part of the City Manager in issuing, failing to issue, or revoking, any permit under this Chapter, such applicant or permittee may appeal to the City Council, by filing with the City Clerk, a Notice of Appeal which shall include all of the facts and circumstances upon which the permittee or applicant intends to rely during the appeal. The City Clerk shall notify the applicant or permittee, in writing, by Certified Mail, of the time and place set for hearing on the appeal and, in no event shall the appeal be heard more than sixty (60) days on which the Notice of Appeal is filed with the City Clerk. The City Council may hear the appeal, and the City Council may designate a hearing officer to take evidence and submit proposed findings and recom- r 9 mendations to the City Council. The City Council may sustain, overrule or modify the action of the City Manager and the deci- sion of the City Council shall be final. The right to appeal to the City Council shall terminate upon the expiration of fifteen (15) days, following the deposit, in the U. S. Mail, postage prepaid, of a Certified letter advis- ing the applicant or permittee, of the action of the City Manager and the right of the applicant or permittee to appeal. 5.34.120 Review by City Council. The City Council may, on its own motion, hold a hearing for the purpose of review- ing any action or failure to act upon the part of the City Manager in issuing, failing to issue, or revoking any permit unde this Chapter. The City Clerk shall cause written notice of the time, place and purpose of the hearing to be sent to the appli- cant or permittee by Certified mail, at least fifteen (15) days, • prior to the date of the hearing. The City Council may sustain, overrule or modify the action of the City Manager and the deci- sion of the City Council shall be final. Section 5.34.130 Permits and Fees not Exclusive. Permits and fees required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code. SECrion 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty (30) days after the date of its adoption. is 10 This Ordinance was introduced at a regular meeting of . the City Council of the City of Newport Beach held on the 13th u day of December , 1982, and was adopted on the 10thday of ,Ian , 1983, by the following vote, to wit: ATTEST: L'Ay Clerk ORP /Vide o 120682 AYES, COUNCIL MEMBERS Hart, Maurer, Heather, Agee, Strauss, Plummer, Cox NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None 11