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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