HomeMy WebLinkAbout82-50 - Electronic Video Game Machines Title 20 A•
RESOLUTION NO. 82 -50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH OF INTENTION TO AMEND TITLE
20 OF THE NEWPORT BEACH MUNICIPAL CODE IN
CONNECTION WITH THE REGULATION OF ELECTRONIC
VIDEO GAME MACHINES
WHEREAS, the City Council of the City of Newport Beach
has expressed concern over the proliferation and problems
concomitant to the use of electronic video game machines; and
WHEREAS, the City Council of the City of Newport Beach
has, on numerous occasions, reviewed this subject and made
certain recommendations with reference to Code amendments; and
WHEREAS, these code changes will preimarily amend Title
20 of the Newport Beach Municipal Code and must, therefore, be
processed through the Planning Commission; and
WHEREAS, such process may be initiated by the City
Council pursuant to 20.84.020 of the Newport Beach Municipal
Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach, does express its intention to amend
the Municipal Code, consistent with the proposed Ordinance
attached hereto, and hereby refers said Ordinance to the Planning
Commission.
ADOPTED this 12th day of April , 1982.
ATTEST:
ee
City Clerk
041282
R4F -Video
3 c.:
ORDINANCE NO.
• AN ORDINANCE OF THE CITY OF' NEWPORT BEACH
AMENDING CHAPTERS 5 AND 20 OF THE NEWPORT
BEACH MUNICIPAL CODE TO REGULATE ELECTRONIC
VIDEO GAME MACHINES
WHEREAS, electronic video game machines are a novel and
popular activity which can impact upon adjacent areas through the
encouragement of loitering, littering and minor vandalism; and
WHEREAS, the games can have an adverse impact on
adjoining areas through excessive noise, blockage of commercial
establishments, traffic congestion and other related effects; and
WHEREAS, the regulation of these activities is neces-
sary to ensure that these adverse affects will not contribute to
the blighting or downgrading of surrounding uses and interfere
with the health, safety, peace and general welfare of the public.
NOW, THEREFORE, the Newport Beach Municipal Code is
hereby amended as follows:
Section 1. Section 5.34.01.0 of the Newport Beach
Municipal Code shall read as follows:
5.34.010 Definitions. For the purpose of this
chapter, the following words shall have the meanings given here-
in.
AMUSEMENT DEVICE. The term "amusement device" shall
mean any machine, game or device which may be played or operated
by the public for purposes of amusement or recreation, the opera-
tion, use or play of which is controlled by placing therein any
coin, plate, disc, plug, key, or other device, or by the payment
• of any fee.
It
shall include,
but
not
be limited to,
any
machine, game
or
device known
as a
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
E"1
•
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 music.
Amusement device shall include electronic video game
machines which are defined as anv electronic or mechanical device
which upon insertion of a coin, slug, or token in any slot or
receptacle attached to the device or connected therewith,
operates, or which may be operated for use as a game, contest, or
amusement to the exercise or skill or chance.
POOL TABLE. The term "pool table" shall mean any table
regardless of its size on which the games of pool, billiards,
snooker or bagatelle may be played.
EQUIPMENT. 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.
Section 2.
Section 5.34.130 shall be amended to read as follows:
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.
It shall be unlawful to establish or operate two or
more electronic video game machines within the City of Newport
Beach without first securing a Use Permit pursuant to Chapter
20.80 of the Newport Beach Municipal t:ode, which Use Permit shall
be subject to the provisions of Chaptear 20.75 of the Newport
Beach Municipal Code. If subject machines are located on
premises with an on- premise liquor license (bars, restaurants,
cocktail lounges), said premises shall. be exempt from application
of the Use Permit requirements.
Section 3. Chapter 20.75 entitled Electronic Video
Games is hereby added to the Newport Beach Municipal Code as
follows:
2
J
•
•
Section 20.75.010 - Intent - The purpose of this
ordinance is to regulate uses which cause or contribute to a
substantial problem that could have a negative effect on adjacent
areas, adjoining neighborhoods, and in the cumulative on the
entire City. Accordingly, it is determined that the usage and
placement of two or more electronic video game machines as defin-
ed in Newport Beach Municipal Code Section 5.34.010 are to be
subject to the Use Permit procedures of the Newport Beach
Municipal Code and subject to the provisions set forth herein.
Section 20.75.020 - Requirements In those zones where
electronic video game machines are permitted, any premises
containing two or more electronic video game machines shall be
subject to issuance of a Use Permit in each case, and shall be
subject to development standards set forth in this Chapter.
Where the chapter does not provide specific direction, the
provisions of other applicable chapters and articles shall
apply.
Section 20.76.030 - Development Standards.
The following development standards and regulations
shall apply to all business establishments containing two (2) or
more electronic video game machines in the City and shall be
conditions imposed upon the granting of any Use Permit for such
establishments.
1. All electronic video game machines within the pre-
mises shall be visible to and supervised by an adult attendant.
Said attendant shall be present at all times when any electronic
video game machine is being operated.
2. The supervision of the patrons on the premises
shall be adequate to ensure there is no conduct that is
detrimental to the public health, safety and general welfare.
3. During the school year, persons under the age of
eighteen years shall not be allowed to operate electronic video
game machines Monday through Friday, except legal school holi-
days, between the hours of 8:00 a.m. and 3:00 p.m. unless accom-
panied by an authorized agent of the School District. It shall
be the responsibility of the adult attendant to enforce this
regulation.
4. Establishments dispensing food services shall pro-
vide one waste receptacle, with a minimum capacity of thirty
gallons, for every four electronic video game machines.
Receptacles shall be located in the 'vicinity of the game
machines.
5. Outside security lighting shall be provided under
the direction and upon the recommendation of the Planning Depart-
ment and /or Police Department.
6. The initial approval shall be for a period of one
year. Prior to the expiration of the Use Permit, the applicant
may request renewal, subject to reevaluation. The Modifications
Committee may extend the Use Permit for successive periods if all
conditions of approval have been complied with, and no compalints
have been received. If complaints have been received, the matter
of renewal shall be referred by the Modifications Committee to
the City Planning Commission to determine if the standards have
been complied with and renewal should be approved.
7. The electronic video game use subject to this
chapter shall not be permitted within 300 ft. of a public or
private school.
Section 20.76.040 - Non - Conforming Business
Amortization.
Any premises containing two (2) or more electronic
video game machines as defined in this article, in existence and
lawfully operating as of the effective date of this ordinance,
shall, within one (1) year after the effective date of this
ordinance, either obtain a Use Permit therefor, or terminate the
nonconforming use.
4
SECTION 2. 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.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the
day of , 1981, and was adopted on the _ day of ,
1981, by the following vote, to wit:
ATTEST:
City Clerk
O6A- Video - 041282
•
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
5