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HomeMy WebLinkAbout1763 v EFFECTIVE 3-1 r-~3 ORDIllN,lCE IlO. 1763 AN O!l.DINAUCE 01" THE CITY OF ARCADIA AllENDING THE ARCADIA MUNICID.AL CODE BY ADDING VARIOUS SECTIONS TO THE ZONING ORDINANCE, ARTICLE IX THEREOF AND ADDING TITLE 6 TO DIVISION 5, PART 7, CHAPTER 2 OF ARTICLE IX, DEFINING AND REGULATING GAME MACHINE ARCADES THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY ORDAIN AS FOLLOI'IS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding to Title l, Division 0, Part 6, Chapter 2, Article IX thereof Section 9260.l.l0.1 to read as follows: "9260.l.l0.l. GAME MACHINES. No more than seven {7l game machines shall be considered as an accessory use in each hotel, eating establishment and restaurant." SECTION 2 . The Arcadia Municipal Code is hereby amended by adding to Title l, Division 2 , Part 6, Chapter 2 , Article IX thereof Section 9262.1.3 to read as follows: "9262.1.3. GAME MACHINES. " SECTION 3. The Arcadia Municipal Code is hereby amended py adding to Ti tle l, Division 6 , Part 6 , Chapter 2 , Article IX thereof Section 9266.1.3 to read as follows: "9266.1.3. GAME MACHINES. No more than seven (7) game machines shall be considered as an accessory use in each eating establishment and restaurant." SECTION 4. The Arcadia Municipal Code is hereby amended by addina to Title 1, Division 5, Part 7, Chapter 2, Article IX thereof Section 9275.l.48 to read as follows: "9275.1.48. SECTION 5. GAME MACHINE ARCADES. C-l, C-2, and C-/1." The Arcadia Municipal Code is hereby amended by adding Title 6 to Division 5, Part 7, Chapter 2, Article IX thereof to read as follows: -1- 1763 "ARTICLE IX. DIVISION AND USE OF LAND CHAPTER 2. ZONING REGULATIONS PART 7. OVERLAY AND SPECIAL ZONES DIVISION 5 . CONDITIONAL USES TITLE 6. SPECIAL REGULATIONS - GN1E MACHINE ARCADE 9275.6.l. DEFINITIONS. For the purposes of this Chapter 2 the following definitions shall apply. 9275.6.1.1. GAME !-1ACHINE. "Game machine" shall mean any device for amusement or pasttime, including but not limited to a pinball machine or video game, of whatever kind or nature, whether electronically activated or not, which may be activated by a coin or any consideration paid for its usage. 9275.6.1.2. GAME MACHINE ARCADE. "Game machine arcade" shall mean any place of business containing eight (8) or more game machines. 9275.6.2. APPLICATION. Every game machine arcade shall be subject to all of the regulations applicable to a permitted use in the zone in which the establishment is located; provided, however, that whenever the regulations of this Title are more restrictive (or impose higher standards or requirements), the requirements of this Title shall control. 9275.6.3. OFF-STREET PARKING REQUIREMENTS. All locations shall have accessible and adequate off-street parking facilities for automobiles, bicycles and other modes of transportation. The loca- tion shall provide storage facilities to prevent an accumulation of bicycles and skateboards on public property in such a manner as to interfere with the use of sidewalks or streets by members of the public. 9275.6.4. PUBLIC RESTROOH FACILITIES. Public restroom facilities shall be provided within a game machine arcade or conveniently located thereto, or provided within and made available by another business located on the same lot for customer use. There shall be a men's and women's restroom each with a minimum of one (ll water closet. -2- 1763 9275.6.5. EXISTING NONCONFORMING USES. Notwithstanding any Section of this Chapter 2 to the contrary, Sections 9275.l.48, 9275.6.2, 9275.6.3, and 9275.6.4 shall not apply to any game machine arcade lawfully in operation on the effective date of Ordinance No. 1763, provided each such game machine arcade shall comply with afore described sections to increase the number of game machines above the number lawfully in operation on the effective date of Ordinance No. l763." -3- 1763 SECTION 6. No person shall violate any prov1s1on, or.fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any pro- vision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 7. In addition to the penalties provided in the preceding section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 8. .If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent' jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 9. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 10. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL of ing held on the 15th day of February, 19 ~~S~:~.~ ~ ttrr City Clerk of the City of Arcadia ," ~-~-"""'/: I HEREBY CERTIFY that the foregoing ord inance was adopted at a' .regular meeting of the City Council of the City of Arcadia, California, held on the 'i5lhdaVf~;u'ary, 19813, by the affirmative vote of at least three Councilmen, to wit: AYES: NOES: ABSENT: Councilmen Councilmen None ~.- Hannah, Lojeski & Pellegrino . -':;'- -~. '""_~ Dring, Haltom /7 ", ~,>, :-'-_ . ,,= '~ ~ ~.~.:.~~ City Clerk '-'.' ;:-:-'..::::: .', ~ - ...;.--'" -4- 1763