HomeMy WebLinkAboutPH 1 GAME ARCADE ORD 04-05-82OATE: April 5, 1982
PUBLIC HEARING
No. 1
4-5-82
Inter-Corn
TO:
Honorable Mayor and City Council
FROM:
Community Development Department
SUBJECT: Game Arcade Ordinance
DISCUSSIOli
At the March 15, 1982 meeting, the City Council reviewed two staff
proposals for the regulation of game arcades. It was the Council's desire
to receive Police Department input on the matter prior to formal
consideration of the regulations.
The Police Department was in concurrence with the proposals contained in
Alternative #2 which addressed most of the issues that concern their
staff. Additional comments include the following:
Regarding the location, it was recommended that in addition to the
location not being at a non-signalized intersection, the intersection
should also be controlled by pedestrian "walk/don't walk" signals. Upon
checking with the Engineering staff, it was learned that all newly
installed intersection signals include the pedestrian signal, except
where pedestrian traffic is not to be authorized.
It was recommended that criteria be established for the bike racks.
Something along the lines of one bike position for each four machines
was suggested. This provision has been added to the ordinance.
It was further recommended that no age limit be established. Currently,
there are laws which regulate school attendance. Establishing a minimum
age when school is in session would duplicate the existing truancy
regulations. It would also pose an enforcement problem for the Police
Department.
A draft ordinance containing a majority of the provisions of Alternative
#2, with the Police Department recommendations, has been prepared for City
Council consideration. Much of the format and wording is taken from a
draft ordinance on the same matter prepared by the City Attorney. This
item has been noticed in the Tustin News for formal public consideration.
RECOI~ENDED ACTION
M.O. - That Ordinance No. 870 have first reading by title only.
M.O. - That Ordinance No. 870 be introduced.
AGW:jh
3-31-82
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ORDINANCE NO. 870
AN ORDINANCE OF THE CItY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA AMENDING THE
TUSTIN CITY CODE PERTAINING TO GAME ARCADES
The City Council of the City of Tustin does hereby ordain as
follows:
Section 1. Part 1 of Chapter 3 of Article 3 of the Tustin City
Code is added by renumbering the following Sections as indicated
below:
Former Section Numbers
New Section Numbers
3301 3311
3302 3312
3303 3313
3304 3314
3305 3315
3306 3316
Section 2. Part 2 is added to Chapter 3 of ArtiCle 3 of the
Tustin City Code to read as follows:
"PART 2"
ELECTRONIC GAME MACHINES
3321. Definitions. For the purpose of this Part, the
following terms are defined as follows:
a. "Electronic Game Machine" shall mean any 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 through the exercise of skill or chance.
b. "Game Arcade" shall mean any business having five or
more Electronic Game Machines on the premises for public use.
c. "Shopping Center" shall mean a group of three or more
retail stores, plus any related service facilities utilizing
common facilities including off-street parking, access and
landscaping on a minimum site area of two (2) acres. It does
not have to be under single ownership.
d. "School" shall refer to any public or private general
education school, grades kindergarten through twelve.
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Ordinance No. 870
Page 2
3322. Permit Required. It shall be.unlawful and a
misdemeanor to establish or operate a Game A~cade within the
City of Tustin without first obtaining a Conditional Use Permit
pursuant to Tustin City Code Section 9291. This requirement is
in addition to other permits or certificates as may be required
by law.
3323. Standards. The following standards and operating
regulations shall' apply to all businesses operating an
Electronic Game Arcade and shall be conditions imposed upon the
granting of Conditional Use Permits:
a. No game arcade may be maintained within 1,000 feet of
any school nor within 300 feet of any public park, church, rest
home, hospital, or residential uses. These distances shall be
measured from the Arcade's closest public entrance to the
property line of the above-mentioned uses.
b. An adult supervisor shall be on duty on the premises
during all business hours.
c. No Game Arcade may be maintained in other than Retail
Commercial (C-1), Central Commercial (C-2), Commercial General
(CG) or Planned Community-Commercial (PC-C) Districts. Game
Arcades are not authorized in any industrial district.
d. Outside security lighting shall be provided as
prescribed by the Community Development Director.
e. The interior of the Game room(s) shall be visible from
the managing desk or counter at all times during the operation
of the machines.
f. An area with suitable bicycle and moped racks shall be
established, set aside from vehicle and pedestrian traffic,
designated and maintained for bicycle and moped parking on the
premises at a ratio of one space per four (4) game machines.
g. Game Arcades shall not be located adjacent to non-
signalized intersections.
h. Such other reasonable standards, limitations,
conditions and restrictions as may be imposed by the Planning
Agency for the protection of Public health, welfare and safety.
i. Game A~cades shall not be opened for business prior to
10:00 a.m. nor after 11:00 p.m.
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Ordinance No. 870
Page 3
3324. Permit Application, Renewal, Transfer, Revocation
a. Applications for a Conditional Use Permit pursuant to
this Part shall be as required for standard Use Permit
applications and include the following:
(1) Name of applicant
(2) Business address of applicant
(3) Address and name of each owner, lessee or other
person in control of management of the business wherein
the Electronic Game Machines are proposed to be located.
(4) Information regarding the conviction of any crime
of the applicant.
(5) A statement that the Electronic Game Machines
shall not be, nor permitted to be, used for gambling.
(6) A complete description of the Electronic Game
Machines and the manner in which they are to be placed
or operated.
(7) A statement of total number of Electronic Game
Machines to be placed on the premises.
(8) The application shall be accompanied by such
application fee as may be set by the resolution of the
City'Council of the City of Tustin.
b. A Conditional Use Permit issued for any Game Arcade
shall be reviewed whenever any information provided pursuant to
subsection a. above changes.
c. The Conditional Use Permit issued to any owner or
operator of an Arcade pursuant to this Part is not trans-
ferable. The sale of more than 25% of an interest in a
corporation or a partnership shall beconsidered a transfer.
Section 4. Tustin City Code Section 9233 is hereby amended by
adding thereto, subsection "p." to read as follows:
"p. Game Arcades"
Section 5. Tustin City Code Section 9233c(d) is amended to
read as follows:
"(d) Billiard Parlors, Pool Halls and Game Arcades."
Section 6. Tustin City Code Section 9235c(f) is amended to
read as follows:
"(f) Billiard Parlors, Pool Halls and Game Arcades."
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Ordinance No. 870
Page 4
Section 7. Tustin City Code Section 9271 is hereby amended by
adding thereto subsection "y." to read as follows:
"y. Game Arcades. No Game Arcade, as defined in Section
3321b of this Code, shall be pemitted to operate in the City of
Tustin without the prior issuance of a Conditional Use Permit
pursuant to the provisions of Tustin City Code Section 9291 in
accordance with those additional standards imposed pursuant to
Tustin City Code Section 3323.
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Tustin, held this day , 1982.
James B. Sharp, Mayor
ATTEST:
Mary E. Wynn
City Clerk