HomeMy WebLinkAboutPH 1 ARCADE ORDINANCE 05-17-82OATE:
TO:
FROH:
SUBJECT:
May 17, 1982
PUBLIC HEARING
Inter-Corn
Honorable Mayor & City Council
Community Development Department
Ordinance Regulating Arcades
RECOt,t~ED ,ACTION
First reading by title only and introduction.
DISCUSSION
Based on previous Council direction, the provisions of the ordinance relate
primarily to the location of any arcade operation. It would be within a
multi-tenant shopping center buffered by the distance regulations from
residential and institutional uses (e.g. schools, hospitals). Police,
Fire and Building departments reviews came to the conclusion that
regulations on minors, number of machines, and other internal matters were
al ready covered by truancy, curfew, exiting, occupancy, aisle width and
other existing regulations affecting internal layout and potential
management problems. The ordinance does however, allow the Planning Agency
to impose any such additional conditions as may be determined necessary on
arcade operations based on the case-by-case review required by the Use
Permit process. The proposed ordinance does eliminate the currently
required dual review process by the Planning Agency and License and Permit
Board.
Staff has discussed the ordinance with Mr. Dave Patterson, Sgt. Pepperoni's
Pizza. He believes that requiring good management is difficult to obtain
by ordinance and is probably better left to a subjective case-by-case
review. That the appropriate combinations of arcades with other businesses
is' also a matter better left to such review. He recognizes the City's
concerns but believes the regulations might be disproportionate to the
problem. Staff believes the ordinance as proposed does allow for
case-by-case determinations and any further reduction of the standards
contained within the ordinance would dilute the ordinance to the former
status of merely requiring a Use Permit with no objective standards to
guide either the Agency or prospective applicants.
MWB:jh
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ORDINANCE NO. 870
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AN ORDINANCE OF THE CITY COUNCIL,
CITY OF TUSTIN, CALIFORNIA AMENDING
THE TUSTIN CITY CODE RELATIVE TO THE
REGULATION OF GAME ARCADES, POOL HALLS,
BILLIARD PARLORS AND OTHER COMMERCIAL
GAMES
The City Council of the City of Tustin does ordain
as follows: that the Tustin City Code shall be amended as set
forth below:
1. Section 9232b(h) is hereby amended to read as follows:
(h) Game Arcades
(1) Must be located in a shopping center as
defined in this code.
(2) 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 use. These distances shall be
measured from the arcade's closest public
entrance to the property line of the above-
mentioned uses.
(3) An adult supervisor shall be on duty on the
premises during all business hours.
(4) No game arcade may be maintained in other than
Retail Commercial (C-l), Central Commercial (C-2),
Commercial General (CG) or Planned Community-
Commercial (PC-C) Districts. Game arcades are
not authorized in any industrial district.
(5) Outside security lighting shall be provided
as prescribed by the Community Development Director.
(6) The interior of all game rooms shall be
visible from the managing desk or counter at all
the times during hours the game arcade is open for
business.
(7) 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 (1) space per four (4) game machines.
(8) Game arcades shall not be located adjacent to
nonsignalized intersections.
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Ordinance No.
Page .2
(8) Game arcades shall not be open for business
prior to 10:00 a.m. nor after 11:00 p.m.
(9) Arcades shall be subject to 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.
The conditionally permitted uses listed in Section
9232b from "Massage establishments" through "Theatres and
other uses which, in the opinion of the Planning Commission, are
of similar nature" are hereby each relettered with the next
succeeding letter of the alphabet.
Section 9233c(d) is hereby amended to read as follows:
(d) Billiard Parlors, Pool Halls and Game Arcades.
4. Section 9233d is hereby amended by the addition thereto
of sub-section 3 to read as follows:
3. Development standards for game arcades shall be
as set forth in Section 9232b(h).
5. Section 9235c(f) is hereby amended to read as follows:
(f) Billiard parlors, pool halls, and game arcades.
6. Section 9235f is hereby amended by the addition thereto
of sub-paragraph 9 thereto read as follows:
9. Game Arcades
Development standards for game arcades shall be as
provided in 9232b(h).
7. Section 9271 is hereby amended by the addition thereto
of subsection y to read as follows:
yo Game Arcades
N° game arcade shall be maintained or operated
in the City of Tustin without the prior issuance of a
Conditional Use Permit pursuant to the provisions of
Section 9291 and in accordance with all conditions
and standards imposed thereon by the Tustin City Code
and the Conditional Use Permit.
III
Ordinance No.
Page 3
1 8. Section 9297 is hereby amended by the addition thereto
of the following definitions at the appropriate alphabetical
2 positions:
"Game Arcade" means any premises having five (5)
or more game machines on the premises.
"Game Machine" means any electronic or mechanical device
which upon insertion of a coin 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 and/or Chance.
"School" means any public or private general education school
with any of the grades kindergarten through twelfth.
9 "Shopping Center" means a group of three or more retail
stores, plus any related service facilities, utilizing common
10 facilities including off-street parking, access and landscaping
on a minimum site in excess of two (2) acres, not necessarily
11 under single ownership.
9. Section 3303b is hereby amended by the deletion therefrom
of the words "more than five pinball or electronic games."
PASSED AND ADOPTED at a regular meeting of the City Council,
14 held on day of , 1982.
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Richard Edgar, Mayor
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Mary E. Wynn, City Clerk
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JGR:cas:D:4/26/82:(D)
JGR:cas:R:4/27/82:(D)
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