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HomeMy WebLinkAbout1764 ORDINANCE NO. 1764 \' I I o EFFECTIVE 3 -I ~ - ~3 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY REPEALING A SECTION OF AND AMENDING VARIOUS SECTIONS OF AND ADDING VARIOUS SECTIONS TO CHAPTER 2 OF ARTICLE VI THEREOF PER- TAINING TO ENTSRTAINMENT PER~ITS FOR AND REGULATION OF' r:'NlE Lll'.CEnnS .1I3m r.N1E 1'.?\C?IN'.C ARCADES. THE CITY COUNCIL OF THE CITY 01' ARCADIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION l. The Arcadia Municipal Code is hereby amended by adding sections 6ll4.l and 6ll4.2 to Chapter l, Article VI thereof to read respectively as follows: "6114.1. GAME MACHINE. "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 elec- tronically activated or not, which may be activated by a coin or any consideration paid for its usage." "6114.2. GAME !'I.ACHINE ARCADE. "Game machine arcade" shall mean any place of business containing eight (8l or more game machines." SECTION 2. The Arcadia Municipal Code is hereby amended by adding Section 631l.7.5 to Division 1, Part 1, Chapter 3, Arti~le VI .~ thereof to read as follows: "6311. 7.5. GM1E MACHINE. In addition to the information re- quired for an entertainment permit pursuant to the provisions of Article VI of the Arcadia Municipal Code, any application for an entertainment permit for a game machine shall be made in writing on a form provided by the Business License Officer and shall contain the following information: l. The name and address of the establishment. 2. The name and address of the owners, partners or corporate officers of the establishment. 3. The number of game machines to be placed at the establish- ment. 4. The name and address of the distributor or supplier of each game machine. 5. A statement setting forth the manner and method of providing supervision at the establishment. -1- 1764 6. A statement setting forth the manner and method of providing off-street parking spaces and storage facilities for automobiles, bicycles, skateboards and other modes of transportation. 7. A statement setting forth any arrests or convictions of the owners, partners or corporate officers of the establishment for crimes involving minors or related to gambling, theft, drugs, sex or violence within the past ten (lO) years. Arrests or convictions may be cause of denial or revocation of a permit application. 8. Such other information as may be required by the Business License Officer or other city divisions for determination of the applicant's qualifications for a permit." SECTION 3. The Arcadia Municipal Code lS hereby amended by amending Section 63l1.8 of Division l, Part l, Chapter 3, Article VI thereof to read as follows: "631l. 8. INVESTIGATION. The Clerk shall, without unnecessary delay, refer any such application for a permit to the Chief of Police for investigation of any facts which in his opinion warrant investigation. In the event the Chief of Police, in the course of investigation, determines that fingerprints and thumbprints of the applicant would aid in such investigation, the applicant shall be notified and shall comply promptly with such request. The Chief of Police shall report any criminal connections of the applicant, an officer, principal stockholder, or any person having a substantial interest in or management responsibility for any organization con- nected with applicant. The Council may, at any time after notice of the filing of any such application, refer the same to the Chief of POlice, Planning Commission, City Engineering Department or to any other department or agency for investigation and report to the Council upon any portion or portions of said application." SECTION 4. The Arcadia Municipal Code is hereby amended by amending Section 6312.2 of Division 2, Part 1, Chapter 3, Article VI thereof to read as follows: -2- l764 "6 3l2. 2. COUNCIL ACTION. The Council may, after investiqa tion of said application and of said proposed business, grant or refuse to grant a permit therefor. The Council shall have the right to and shall refuse any such permit if it shall find and determine that the granting of the same or the conducting of the business for which a permit is requested will be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City or the inhabitants thereof, or if the application is found to contain false or misleading statements on behalf of or by the applicant. The action of the Council in granting or refusinq a permit shall be final." SECTION 5. The Arcadia Municipal Code is hereby amended by amending Section 63l3.l.l of Division 3, Part l, Chapter 3, Article VI thereof to read as follows: "6313.l.l. SAME. REQUIREMENT WAIVER. The Council may, upon the recommendation of the Chief of Police, waive the requirements of Sections 6311.3 through 63l1.3.5 and of Sections 6311.7 through 6311.7.4 as to applications for renewal of any permit originally issued in accordance with the procedure outlined in this Part, and may waive the requirements of Sections 63ll.3 through 631l.7.5 as to any application for a permit for a business which shall have been conducted at the same location and under the same ownership or management without interruption for more than one year prior to the date this Part or any similar City regulation became applicable there.to. " SECTION 6. The Arcadia Municipal Code is amending Section 6323.1 of Division 3, Part 2, VI thereof to read as follows: "6323.1. AMUSEMENT CENTER, GAME MACHINE ARCADE. " SECTION 7. The Arcadia Municipal Code is hereby amended by amendinq Section 6411 of Division 1, Part 1, Chapter 4, Article VI thereof to read as follows: hereby amended by Chapter 3, Article OR GM1E ~lACHINE "64l1. APPLICATION. Each application for a license under subsection 6220.4 shall describe the location where each machine is to be operated." -3- 1764 SECTION 8. The Arcadia Municipal Code is hereby amended by repealing Section 64l1.2 of Division l, Part l, Chapter 4, Article VI thereof. SECTION 9. The Arcadia Municipal Code is hereby amended by adding Section 64l1.5 to Division l, Part 1, Chapter 4, Article VI thereof to read as follows: "6411.5. GANE NACHINE REGULATIONS. Each entertainment permit issued for a game machine shall be subject to the following condi- tions: l. The location where each game machine is operated shall pro- vide sufficient security measures to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations and criminal activities. 2. Any locations where a game machine is operated shall pro- vide personnel over twenty-one years of age to maintain supervision of each game machine and patrons thereof. 3. Any locations where any game machine is operated shall prohibit persons under the age of eighteen (l8l years from using or playing any game machine between the hours of 8:00 A.M. and 3:00 P.M., Monday through Friday and after 10:00 P.M. daily, uhless accompanied by a parent or guardian. The 8:00 A.M. through 3:00 P.M. restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Arcadia. 4. No game machine arcade or game machine shall be permitted in a building an entrance of which is within 500 feet walking distance of any real estate parcel boundary containing any elementary school, junior high school or senior high school, whether public or privately operated. This Subsection 6411.5.4 shall not apply to any building in which a game machine or machines were lawfully in operation on the effective date of Ordinance No. 1764 provided no such building shall contain nor shall a permit be issued for more game machines than the number lawfully in operation on the effective date of Ordinance No. 1764 until ~uch time such building complies with this subsection." -4- 1764 SECTION 10. No person shall violate any provision, 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 ll. 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 off ense. SECTION l2. 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 l3. 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 14 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 the City of Arcadia at its regular meet- ingheldonthe l5th day of February, 1983. .:~ - ~".> /'. . ---- " '<:' /- I HEREBY CERTIFY that the foregoing ordinance. 'was adopt~'at. a regular meeting of the City Council of the City of Arcadia, CalifoTI1ia, held on tnel5th day of February, . .~ 1983, by the affirmative vote of at least three Councilmen ,.:t().'wit: AYES: Councilmen Ha~nah, Lojeski &,iell~~r.~no~~: ,~; NOES: Councilmen Drlng , Haltom... . y.". ::-;;: _ . ' ABSENT: None ~0t ~'~'i..~~-, .~ :/1 ~~j ,,~';.7t~ ..:: /' ~'.o;~ City Clerk'~ -5- 1764