Chapter 9.05
ARCADES AND AMUSEMENT DEVICES

Sections:

9.05.010  Definitions.

9.05.020  Arcade – Permit required.

9.05.030  Compliance date.

9.05.040  Development standards.

9.05.050  Development plans required.

9.05.060  Licenses – Distributors, proprietors and arcades.

9.05.070  Limitations on location of arcades and amusement devices.

9.05.080  Revocation of arcade conditional use permits.

9.05.090  Licenses and conditional use permits not transferable.

9.05.100  Enforcement.

9.05.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

A. “Amusement device” means any machine, device, appliance or contrivance, including but not limited to pinball machines, video games, computer games and electronic games, which may be operated for use as a game, contest or amusement upon the insertion therein of a coin, slug, token or any other article or device, or by paying therefor either in advance of or after use, which does not contain a payoff device for the return of slugs, money, coins, checks, tokens or merchandise; provided, however, that jukeboxes or similar devices which play music for entertainment but are not games or contests, and pool tables and billiard tables, shall not be included within the definition of “amusement device.”

B. “Arcade” means any business or establishment where amusement devices constitute the primary use of the premises and:

1. Fifteen or more amusement devices are kept on the premises for the purpose of being played, operated or used by patrons for money or money’s worth deposited in the amusement device; or

2. Twenty-five percent or more of the public floor area of the premises is devoted to amusement devices.

C. “Distributor” means any owner or lessee of amusement devices who installs, causes to install or maintains the same in any place of business which is not his own or under his direct control where the amusement device(s) can be played or operated.

D. “Proprietor” means the person licensed or required to be licensed to do business in whose place of business any amusement device is placed for the use, amusement, patronage or recreation of the public or persons in or about the business premises. (Ord. 84-01 § 1, 1984)

9.05.020 Arcade – Permit required.

A. It is unlawful and a misdemeanor to establish an arcade within the city without first obtaining a conditional use permit.

B. Arcades shall be permitted only in C-1, C-2 and C-3 zones, subject to the issuance of a conditional use permit, pursuant to the provisions of this chapter and HMC Title 17. This requirement shall be in addition to other permits, licenses or certificates required by law or this code. (Ord. 84-01 § 1, 1984)

9.05.030 Compliance date.

Any arcade or amusement device in existence in any zone in the city on the effective date of the ordinance codified in this chapter shall comply with the provisions of this chapter within 30 days of the effective date. (Ord. 84-01 § 1, 1984)

9.05.040 Development standards.

The following development standards and regulations shall apply to all arcades located in the city and shall be included in the conditions imposed upon the granting of any conditional use permit for such establishment:

A. All amusement devices on the premises shall be visible to and supervised by an adult attendant 18 years of age or older who shall be present at all times when any amusement device is being operated.

B. The supervision of the patrons on the premises shall be adequate to ensure that there is no conduct that is detrimental to the public peace, health, safety or general welfare.

C. During the school year, which for the purposes of this chapter shall be considered to run from September 6th to June 8th of each year, no person under 16 years of age unless accompanied by an authorized agent of the Hughson Elementary School District or the Hughson Union High School District or such person’s parent or guardian, shall be allowed to play or use any amusement device between the hours of 7:00 a.m. and 3:00 p.m., except during school holidays, Saturdays and Sundays, or between the hours of 10:00 p.m. and 7:00 a.m. preceding school days. Each amusement device shall be posted with a conspicuous sign indicating such restrictions and it shall be the responsibility of the adult attendant to enforce these restrictions.

D. Outside security lighting shall be provided under the direction and upon the recommendation of the police department.

E. Adequate parking and bicycle racks shall be provided.

F. Public restrooms shall be provided.

G. A minimum of two foot-candle illuminations generally distributed shall be maintained at all times in all parts of the premises when the arcade is open and when the public is permitted to enter or remain therein.

H. Provisions shall be made to reduce noise caused by the operation of the amusement devices and by the patrons thereof.

I. No amusement device shall be situated in such a way that its use will violate any applicable fire regulation or hinder the public’s ingress to and egress from the premises.

J. The initial approval of a conditional use permit shall be for a period of six months. Prior to the expiration of the conditional use permit, the applicant may request renewal, subject to reevaluation. The planning commission may extend the conditional use permit for successive one-year periods if all conditions of approval have been complied with and no complaints have been received. If complaints have been received, the planning commission shall hold a public hearing to determine if the standards have been complied with and if renewal should be approved. (Ord. 84-01 § 1, 1984)

9.05.050 Development plans required.

All applications for an arcade conditional use permit shall be accompanied by a site plan and floor plan which comply with the provisions of HMC Title 17. In addition to the other information required, the plans shall indicate how the applicant proposes to comply with the conditions set forth in HMC 9.05.040 and shall show the proposed location of each amusement device on the premises. (Ord. 84-01 § 1, 1984)

9.05.060 Licenses – Distributors, proprietors and arcades.

A. It is unlawful for any distributor to own, lease, install, place or sell any amusement device or share in the profits or proceeds therefrom without, in addition to complying with the provisions of this chapter and all other permits and certificates required by law, obtaining a license therefor and paying the license fee required by Chapter 5.04 HMC.

B. It is unlawful for any proprietor to install, or cause to be installed, or operate and maintain any amusement device in the proprietor’s place of business without, in addition to complying with the provisions of this chapter and all other permits and certificates required by law, obtaining a license for each amusement device and paying the license fee as required by Chapter 5.04 HMC.

C. It is unlawful for any arcade to conduct business without, in addition to obtaining all conditional use permits required by this code and all other permits or certificates required by law, obtaining a license and paying the license fee as required by Chapter 5.04 HMC. (Ord. 04-11  1, 2004; Ord. 84-01 § 1, 1984)

9.05.070 Limitations on location of arcades and amusement devices.

A. Unless the city council finds that the public welfare and morals would not be harmed, no arcade shall be maintained or operated:

1. Within a radius of 300 feet from any primary or secondary school; or

2. Within 200 feet of the boundary of a residential zone, measured along the public right-of-way.

B. No arcade shall be maintained or operated in conjunction with the retail sale for off-premises consumption of alcoholic beverages.

C. No amusement device, except one maintained exclusively for private use, shall be permitted within the city other than in C-1, C-2 and C-3 zones. (Ord. 84-01 § 1, 1984)

9.05.080 Revocation of arcade conditional use permits.

All conditional use permits issued pursuant to this chapter shall be subject to revocation proceedings instituted by the chief of police, the planning commission or the city council for violations of any of the terms or provisions of this chapter or the conditional use permit issued pursuant hereto. Such revocation proceedings shall be in conformance with HMC Title 17. (Ord. 84-01 § 1, 1984)

9.05.090 Licenses and conditional use permits not transferable.

Notwithstanding any other provisions of this code, all amusement device and arcade licenses or arcade conditional use permits shall be valid only for the place and operator stated in the license or permit, and shall not be transferred to any other place, person, business or establishment without the consent of the planning commission. (Ord. 84-01 § 1, 1984)

9.05.100 Enforcement.

It is the duty of the chief of police to enforce this chapter. (Ord. 84-01 § 1, 1984)