HomeMy WebLinkAboutPH 1 GAME ARCADE ORD 05-03-82DATE:
May 3, 1982
PUBLIC HEARING
No. 1
5-3-82
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Mayor & City Council
Community Development Department
Game Arcade Ordinance
Since the April 5, 1982 meeting when the City Council last discussed the
subject ordinance proposal, the City Attorney has reviewed and made some
suggested modifications to the document. These changes are discussed in
the attached memo from the City Attorney dated April 27, 1982. Planning
Staff concurs with these recommendations.
RECOPP[NDED ACTION
M.O. - That Ordinance No. 870 have first reading by title only.
M.O. - That Ordinance No. 870 be introduced.
AGW:jh
4-28-82
DATE:
TO:
FROM:
SUB,J ECT:
April 27, 1982
PUBLIC HEARING
5-3-82
Inter-Corn
MIKE BROTEMARKLE, COMMUNITY DEVELOPMENT DIRECTOR
JAMES G. ROURKE, CITY ATTORNEY
GAME ARCADE ORDINANCE
Enclosed is a draft of the Game Arcade Ordinance. This draft is
in the form submitted to the City Council with your memo of
April 5, 1982, with the following changes:
1. We have deleted the provision that would require game arcades
to be licensed by the License and Permit Board. Inasmuch as it
is intended that game arcades will be permited uses only upon
issuance of a Conditional Use Permit it seems redundant to have
a requirement that they must also receive a permit from the
License and Permit Board.
The only reason for bringing the License and Permit Board
into the process would be if the City Council wishes to have
game arcade permits only valid for the owner at the time the permit
is issued. In other words, Conditional Use Permits run with the
land and are not personal to the particular owner. Once the Con-
ditional Use Permit has been issued the property and/or business
may change owners and the change of ownership does not affect
the validity of the Conditional Use Permit.
On the other hand, permits issued by the License and Permit
Board are personal to the original permittee and any change of
ownership requires approval of the License and Permit Board. If
the City Council wishes to make permits for game arcades personal
to the permittee, then we can supply appropriate additions to
the ordinance to make game arcades also subject to License and
Permit Board procedures.
2. We have made some technical corrections for clarification
and completeness.
Please review this draft carefully and if there are any changes,
corrections or additions please advise at once. Hopefully this
can be on the Council Agenda May 3rd.
JGR:cas:R:4/27/82:D
Enclosure
cc: WH
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ORDINANCE NO. 870
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.
3. 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:
y. Game Arcades
No 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.
///
Ordinance No.
Page 3
8. Section 9297 is hereby amended by the addition thereto
of the following definitions at the appropriate alphabetical
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.
12 9. Section 3303b is hereby amended by the deletion therefrom
of the words "more than five pinball or electronic games."
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PASSED AND ADOPTED at a regular meeting of the City Council,
14 held on day of , 1982.
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Richard Edgar, Mayor
Mary E. Wynn, City Clerk
JGR:cas:D:4/26/82:(D)
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