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HomeMy WebLinkAboutORD FOR INTRODUCTION 09-15-80DATE: TO: FROM: SUBJECT: SEPTEMBER 4, 1980 NO. 1 9-15-80 Inter-Corn ORDINANCES FOR INTRODUCTION HONORABLE MAYOR AND CITY COUNCIL DAN BLANKENSHIP, CITY ADMINISTRATOR REGULATION OF ELECTRONIC GAMES, ETC A Chapter of the Tustin City Code regulates pool halls, bowling alleys, and places where"other indoor lawful games" are conducted. The Community Development De- partment started to notify businesses having one or more pin ball or electronic games that they must pay a fee and go before the License and Permit Board (in addi- tion to paying the business license tax) because they appeared to fall within the definition of "other indoor lawful games". The City Attorney's office concurred that the definition would appear to include them as it was presently written. A committee of myself, the Community Development Director and the Chief of Police met to discuss the problem and concluded that those establishments having up to five such machines were not a problem and could logically be exempted from regula- tion. The attached ordinance does several things: 1. Adds pin ball and electronic games clearly - but only when there are more than five machines. Eliminates an obsolete section that prohibited minors from being in pool halls, bowling alleys and businesses where pin ball or electronic games were conducted when alcoholic beverages were served on the premises. This would make it illegal for a minor to go into (even with a parent) the bowling alley or almost any pizza parlor because of serving beer. Adds a new section prohibiting a minor or adult from loitering on such premises (which is a protection to the business). The adoption of the attached ordinance is recommended in order to avoid over regula- ting or restricting such businesses and charging an additional $40 License and Permit Board fee for a business having five or less machines. Respectfully submitted, City Administrator DB/bb DATE: TO: FROH: SUBJECT: August ltj, 1980 Inter-Corn DAN BLANKENSHIP, CITY ADMINISTRATOR JAMES G. ROURKE, CITY ATTORNEY ROBERT L. LAVOIE, DEPUTY CITY ATTORNEY REGULATION OF POOL HALLS, ELECTRONIC GAMES, ETC. Please find enclosed a draft ordinance which has been prepared by this office regarding the regulation of pool halls, electronic games, etc. The proposed ordinance incorporates the amendments to Chapter 3 which you proposed in your July 31, 1980 Inter-Com. If you have any questions or comments, please advise. RLL:Iw:D:8/13/80 1 ORDINANCE NO. 834 ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN~ CALIFORNIA, AMENDING ~ CFIAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY CODE PERTAINING TO POOL HALLS AND BOWLING 4 ALLEYS. 5 The City Council of the City of Tustin, California, does 6 ordain as follows: ? Section 1. Tustin City Code Section 3301 8 as follows: 9 "3301 LAYOUT OF PREMISE5 10 For the regulation and proper supervision of all certain 11 businesses where games of billiards, pool, bagatelle, 1~ bowling alleys, more than five pinball or electronic 13 games, or other indoor lawful games are conducted or 14 carried on for profit or gain in the City, the same shall 15 be conducted in a single room without partitions, ante- 16 rooms or closets, other than water closets or lavatories, 17 and entirely inaccessible from any other room, cellar or 18 attic, provided~ however, that the main entrance or 19 vestibule from the public street or a partition may be £0 installed where glass panel doors and a partition, a 21 portion of which shall be glass, the same to be at all 2~ times clean, unglazed and unobstructed so that any and 25 all parts of such room will at all times be fully ~4 observable one part from the other." 25 Section 2. Tustin City Code Section 3303 subsection b is 26 amended to read as follows: 27 "b Prerequisites to Issuance 28 When a permit shall be issued for the business of 29 billiards, pool, bagatelle, bowling alleys, more than $0 five pinball or electronic games, or other lawful games $1 conducted and carried on for profit and gain, they shall is amended to read 1 be subject to all conditions contained in this Chapter a and likewise the place where such business shall be $ carried on, its location, arrangements and suitability ¢ for such purposes and the character, reputation and § reliability of the person conducting such business sub- 6 ject to the consent and approval of the License and Per- ? mit Board." 8 Section 3o Tustin City Code Section 330~ is amended to read 9 as follows: l0 "3305 GA~SOFCHANCEPH21-IIBITED 11 It shall be unlawful for any games of cards, dice, or 12 other games of chance to be carried on in any room in 15 which any of the businesses regulated by this Chapter 14 shall be conducted or in any room accessible therefrom." 15 Section 6. Tustin City Code Section 3306 is amended to read 16 as follows: 17 "3306 LOITERING 18 It shall be unlawful for any person to loiter in or about 19 any room whereby games regulated by this Chapter are 20 being conducted or carried on and upon which such pre- al mises alcoholic beverages are sold or dispensed. 22 It shall be unlawful for any person or his agents or 25 employees to permit any person under the age of eighteen 24 years to loiter about.any room in which any oi the busi- 25 nesses regulated by this Chapter shall be conducted or in 26 any room accessible therefrom and upon which premises a7 alCoholic beverages are sold or dispensed." 28 PASSED AND ADOPTED at a regular meeting of the City Council of 29 the City of Tustin on the day of , 19g0, MAYOR ATTEST: RLL:Iw:D:g/13/g0 2