HomeMy WebLinkAboutCONT PH GAME ARCADES 4-19-82~ATE:
April 19, 1982
CONTINUED PUBLIC HEARING
No. 1
4-19-82
! nter - C om
TO:
FROM:
SUBJECT:
Honorable Mayor & City Council
Community Development Department
Continued Public Hearing/Game Arcades
RECOI~NDED ACTION
Based on the recommendation of the City Attorney it is recommended that the
Public Hearing regarding game arcades be continued to the next regularly
scheduled City Council meeting, May 3, 1982.
Persons attending this meeting for the purpose of expressing opinions
should be allowed to do so.
JSD:jh
3-30-82
April 15, 1982
City of Tustin
300 Centennial Way
Tustin, California
92680
Dear Honorable Mayor and City Council:
I would like to thank you for the opportunity' of addressing
the council on April 5, 1982 on the subject of the proposed
game arcade ordinance. In accordance with your request,
I have given the matter considerable thought and offer
the following.
It is difficult to think in terms of an ordinance controlling
the existence of an entertainment device since the presence
of such an ordinance discriminates against the device
itself, and its use. For the life of me, I cannot see
where the presence or use of one, five, or ten video games
is detrimental to the health, safety, morals, comfort,
or general welfare of the citizens of Tustin. The concept
of a video game ordinance is particularly difficult since
many businesses have operated video games in various
quantities for many years without problems.
What I think you object to is school age children assembling
without proper control and being school age children.
True, they are noisy, cause congestion with their bicycles,
are sometimes rude to adults, and generally cause discomfort
to those in close proximity. The council surely isn't
thinking of an ordinance to ban assembly by school age
children. Rather, I believe you wish to achieve proper
control and management of establishments where video games
are located.
An approach which would avoid out and out discrimination
against video games and achieve a considerable degree
of operational control would be to limit the space devoted
to entertainment devices in an establishment not licensed
as an entertainment facility. If the limitation were
10% of the premises, the games and their income would
be incidental to the main business of the establishment.
Effective control of the video game players would be more
assured since uncontrolled children would turn away regular
paying customers of the establishment. This approach
GENERAL OFFICE: 2300SE BRISTOL. SANTA ANA HEIGHTS. CA 92707:714) 957-3033
STORES: 2300SE. BRISTOL. SANTAANA HEIGHTS. CA 92707:651 E. IST STREET. 7USTIN. CA 92680 714 54,:'-5791
Hon. Mayor -2-
APril 15, 1982
allows virtually all existing video game locations but
would preclude the operation of straight arcades, or an
arcade masquerading as a restaurant or other type of ~
business.
Existing licensing procedures of the California Alcoholic
Beverage Control Board require extensive background checks.
Additional background investigations for applicants holding
A.B.C. licenses would be costly and redundant.
The popularity of video games increased dramatically two
years ago. Like other entertainment crazes, the tenure
of this popularity is limited. While no one is predicting
the demise-of the video'game, normal marketplace pressures
have already eliminated many poorly managed game operators
and arcades. As additional time passes, more marginal
locations will be eliminated leaving the well managed
and well accepted business to endure the long run. In
short, the natural forces of the marketplace have always
been and will continue to be the best method to eliminate
poorly managed enterprises.
To summarize, I recommend that your legislation do the
following:
Allow up to 10% of the gross floor area in commercial
and retail establishments to be used for entertainment
devices. Establishments desiring to utilize more
than 10% of area for entertainment devices would be
required to obtain a conditional use permit under
existing requirements for bowling alleys, pool halls,
etc.
Convert area to video games at a ratio of 15 square feet
per video game (7% square feet for the game and 7%
square feet for the player).
Require background checks for entertainment device
operators who do not hold a license to serve alcoholic
beverages.
I hope the preceding will be of assistance to you and
I look forward to a continued relationship with the City
of Tustin.
Sinc .e~.~ely ,.
·/,,?"/lj_.?
. ~¢~ jatterso~" n President
cc: Mike Brotemarkle
James Rourke