Chapter 3.11
AMUSEMENT ARCADES AND AMUSEMENT GAME MACHINES
Sections:
3.11.020 Certain machines excepted.
3.11.030 Permit to operate amusement machines required.
3.11.040 Special regulations – Amusement arcades.
3.11.050 Conditions of approval.
3.11.010 Definitions.
“Amusement arcade” means any place or premises containing six or more amusement game machines.
“Amusement game machine” means a coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by insertion of a coin, token or similar object, and may be operated by the public for use as a game, entertainment or amusement. It shall include devices commonly referred to as pinball machines and video game machines.
3.11.020 Certain machines excepted.
This chapter shall not apply to the following:
A. Vending Machines. Any vending machine so designed and so operated as to sell, and deliver merchandise only, equivalent in market value to the value of the coin or coins deposited without the payment or delivery of anything except the merchandise therein kept for sale.
B. Children’s Amusement Machines. Any coin-operated amusement machine or device especially designed and operated solely for the amusement of children (such as but not limited to mechanical animal and vehicle rides).
C. Pool and Billiard Tables. Any coin-operated pool or billiard table which requires a coin to release the balls but on which table the game of pool or billiards is played in the traditional manner by use of cues and balls.
D. Shuffleboards. Any coin-operated shuffleboard table which requires a coin to operate the scoreboard but on which table the game of shuffleboard is played in the traditional manner without the use of any mechanical or electronic devices.
E. Jukeboxes. Any machine commonly referred to as a jukebox and so designed and so operated as to play music only when a coin or coins are deposited therein.
3.11.030 Permit to operate amusement machines required.
A. It shall be unlawful for any person either as principal, agent, servant or employee to operate machines of the kind specified in this chapter without having a permit to operate amusement machines as herein specified.
B. Applications for permits to operate amusement machines shall be in writing, signed by the applicant, giving his name, business address, business or occupation, age and other such information as may be required by the Chief of Police. They shall be filed with the City Clerk with the filing fee therefor. The City Clerk shall refer the application to the Chief of Police for investigation and decision. If the Chief of Police finds from an examination of the application and such further facts as may officially be brought to his attention that the application is in proper form, the applicant is of good moral character and that the business therein applied for may be carried on without damages to the public peace, health or safety, the Chief of Police shall approve the application and issue the permit applied for; but if he finds that the applicant is not a person of good moral character or that the business cannot be carried on without damages to the public peace, health or safety, he may deny the application.
3.11.040 Special regulations – Amusement arcades.
All uses subject to the provisions of this section shall comply with all of the regulations contained in this chapter, and the following regulations:
A. That prior to establishing or conducting an amusement arcade business, a conditional use permit therefor must be obtained pursuant to the provisions of NCC 5.06.020.
B. That a statement of operation be provided in addition to the application for a conditional use permit for an amusement arcade business containing the following information:
1. The name and address of the establishment.
2. The name and address of the owner, partner or corporate officers of the establishment.
3. The number of amusement game machines to be placed at the establishment.
4. The name and address of the distributor or supplier of the amusement game machines.
5. A statement setting forth the manner and method of providing adult supervision at the establishment, and the name of each adult supervisor.
6. A statement setting forth the number of off-street parking spaces and storage facilities for automobiles, bicycles, skateboards and other modes of transportation.
7. A statement setting forth any arrests or convictions of the owner, partner or corporate officers of the establishment for crimes involving minors within the past 10 years. Arrests or convictions may be cause for denial or revocation of an application.
8. Such other information as may be required by other City divisions for determination of the applicant’s qualifications.
3.11.050 Conditions of approval.
Approval of a conditional use permit for an amusement arcade business shall be made subject to the following provisions as well as any other conditions found to be necessary by the Planning Commission:
A. Bicycles. The arcade shall provide storage facilities to prevent an accumulation of bicycles and skateboards on pedestrian walkways or parking areas. These facilities shall be provided so as not to interfere with the use of sidewalks, parking lots, or streets by the public. Parking for bicycles shall be provided at one bicycle space for every two amusement game machines.
B. Arcade Supervisors/Operators. No amusement arcade shall be open to the public without at least one adult (over 18 years of age) employee present on the premises. The adult personnel shall provide continuous supervision of the amusement arcade during all hours of operation with the authority and ability to close and lock the premises upon police orders.
C. Hours of Operation. The hours of operation shall be considered by the Planning Commission after examination of the location and the surrounding properties and uses.
D. Security. Amusement arcades shall provide sufficient security measures so as to effectively regulate interior and exterior loitering, parking congestion, disturbing noise and light, loud conversations, criminal activities, and maintenance of the subject site. No owner, proprietor, or employee of an amusement arcade shall permit the sale or consumption of alcoholic beverages on the premises.
E. Continuing Jurisdiction of the Planning Commission. The Planning Commission shall have continuing jurisdiction over conditional use permits granted for the purpose of periodically reviewing the adequacy of security or supervision. When in its discretion, the Planning Commission deems such review to be necessary, it shall hold a public hearing of which the owner or proprietor shall be given 10 days’ written notice. Further notice shall be provided as directed by the Planning Commission. If the Planning Commission finds that adequate security is not being provided, it may impose such further conditions on the use of the premises necessary to improve such security, including but not limited to modification of the hours of operation and requiring the owner or proprietor to post a State-licensed security guard, or the Planning Commission may revoke the conditional use permit as provided in NCC 5.06.020(A). The decision of the Planning Commission shall be appealable to the City Council as in other cases.
3.11.060 Location.
In no instance are amusement arcades to be located in any residential zoned area, or within 300 feet of any church or public school.
3.11.070 Penalty.
Any person violating any of the terms, requirements, regulations or provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof punishable by a fine not exceeding $300.00 or by imprisonment in the County jail for not more than six months, or by both such fine and imprisonment. (Ord. 85-6, 5-14-1985)