Chapter 9.05
AMUSEMENT DEVICES

Sections:

9.05.010    Definitions.

9.05.020    Permits required.

9.05.025    Responsibilities of business operator upon whose premises amusement devices are found.

9.05.030    Operator’s permit—Application.

9.05.040    Investigation.

9.05.050    Issuance of permits.

9.05.060    Hearing upon denial of permit.

9.05.070     Amusement device tag.

9.05.080    Display of tag or plate.

9.05.085    Display of information concerning distributor.

9.05.086    Untagged devices—Nuisance—Reconnection fees—Administrative fees.

9.05.090    Transfer of permit.

9.05.100    Revocation of permit.

9.05.110    Permit in addition to business license or other permit.

9.05.120    Nonconforming businesses—Amortization.

9.05.130    Development standards.

9.05.140    Development plans required.

9.05.150    Licenses—Amusement device arcades and amusement devices.

9.05.160    Limitations on location of amusement device arcades and amusement devices.

9.05.170    Enforcement.

9.05.180    Violation—Penalty.

9.05.010 Definitions.

As used in this chapter, the following words shall have the following meanings:

A. "Amusement device" means and includes any device, machine, apparatus or other instrument operated electrically, mechanically or manually, for amusement purposes only (other than those now or hereafter prohibited by the ordinances of the City or the laws of the State, and other than mechanical and electrical musical devices), for the use of which there is required to be deposited in such device, machine, apparatus or instrument a coin, token or other thing of value (for example, a video game or a pinball machine).

B. "Amusement device arcade" means any place of business to which the public is admitted wherein three or more amusement devices are maintained.

C. "Amusement device operator" means any person required to obtain a permit under this chapter.

D. "Person" means any natural person, firm, partnership, corporation or association. The singular use includes the plural. (Ord. 1114 § 2 (part), 1992)

9.05.020 Permits required.

A. Amusement Device Operator’s Permit. It is unlawful for any person to engage in the business of renting, operating, leasing, selling or maintaining one or more amusement devices in the City without first having secured a permit from the City to do so.

B. Conditional Use Permit. Any business that operates three or more amusement devices shall be considered an "amusement device arcade" and shall acquire an approved conditional use permit, issued by the Planning Commission in accordance with Title 18 of this Code, prior to applying for an amusement device operator’s permit. An amusement device arcade shall meet all requirements of Title 18, known as the Zoning Ordinance, City of San Carlos. (Ord. 1114 § 2 (part), 1992)

9.05.025 Responsibilities of business operator upon whose premises amusement devices are found.

A. It is unlawful for any person operating any business enterprise within the City to have in operation upon the premises of such person any amusement device, as defined in this chapter, which does not have affixed thereto or posted in a conspicuous place nearby the tag or plate issued under this chapter as required by Section 9.05.080. This section shall not apply to a person owning, operating and maintaining not more than two amusement devices as an incidental business use at a local place of business having the requisite business license pursuant to Title 5 of the San Carlos Municipal Code so long as the person actually owns, operates and maintains the device himself.

B. Any person operating any business enterprise within the City which has in operation upon the premises of such person any amusement device as defined in this chapter shall, at the time of renewal of the annual business license for such business, provide to the City a list of all amusement devices then on the premises and the names and addresses of the distributors of each such device.

C. Each such business operator shall notify the business license section within ten days after any change is made in the number of amusement devices on his premises for which a permit is required or after any change in the name or address of the distributor of any such amusement device is made. Any such person shall also notify the business license section immediately if an untagged amusement device is installed upon his premises. (Ord. 1114 § 2 (part), 1992)

9.05.030 Operator’s permit—Application.

A. An applicant for an amusement device operator’s permit shall submit an application to the Chief of Police on a form furnished by the City. The application shall be accompanied by a fully executed fingerprint card as to each such applicant, prepared under the direction of the Chief of Police. An applicant shall pay a fee established by City Council resolution to cover the costs of the investigation. A permit may be renewed annually upon payment of the annual permit fee as established by the City Council resolution.

B. "Persons financially interested" means and includes all persons who are officers or directors of a corporation or shareholders holding more than three percent of the shares thereof or persons who share in the profits of a noncorporate business on the basis of gross or net revenue, but it does not include persons who receive a portion of such gross or net revenue in return for the privilege of permitting any other person to maintain such amusement device in their place of business. (Ord. 1114 § 2 (part), 1992)

9.05.040 Investigation.

The Chief of Police shall carefully investigate the applicant’s background and the facts and circumstances concerning the application submitted to him pursuant to Section 9.05.030. (Ord. 1114 § 2 (part), 1992)

9.05.050 Issuance of permits.

A. The Chief of Police shall either approve or deny the issuance of the permit to the applicant within forty-five days of the date that a completed application is submitted to him. The Chief of Police may deny a permit on any of following grounds:

1. The operation will not comport with the peace, health, safety, convenience and general welfare of the public;

2. The operation has been or is a public nuisance;

3. The operation would be in violation of a City ordinance, State law or Federal law;

4. The applicant made a false, misleading or fraudulent statement of fact in his application for a permit;

5. The operation by the applicant will be carried on in a building, structure and location which does not comply with and meet all of the health, zoning, fire and safety requirements and standards of the laws of the State and ordinances of the City;

B. The Police Chief shall notify the applicant of the denial of his application for a permit and the reasons therefor. Service of such notice shall be made personally or by certified mail. Such notice shall include a description of the applicant’s appeal rights. (Ord. 1114 § 2 (part), 1992)

9.05.060 Hearing upon denial of permit.

Within ten days after service upon him of a written notice of the Police Chief’s denial of his application for a permit, the applicant may file a request for appeal in writing and signed by or on behalf of the applicant and shall state his mailing address. It need not be verified or follow any particular form. Failure to file such a request for an appeal shall constitute a waiver of the applicant’s right to an appeal. No further notice other than notice of the date and place of hearing need be served on the applicant. (Ord. 1114 § 2 (part), 1992)

9.05.070 Amusement device tag.

Upon the issuance of any amusement device operator’s permit, the applicant therefor shall notify the Finance Department of the City in writing of the location of each amusement device, and in the event of any change in the location of any amusement device the permittee shall notify the Finance Department of the change within ten days including the address of the new location. At the time of issuing a business license for any amusement device, the Finance Department shall issue a tag or plate for each amusement device to be operated by the amusement device operator within the City limits, and such tags or plates shall be given serial numbers consecutively in the order of their issuance. The tags and plates shall be of wear-resistant materials. (Ord. 1114 § 2 (part), 1992)

9.05.080 Display of tag or plate.

Every amusement device operator shall at all times have affixed to or posted conspicuously nearby each amusement device regulated under the terms of this chapter the tag or plate issued under this chapter. (Ord. 1114 § 2 (part), 1992)

9.05.085 Display of information concerning distributor.

Every amusement device regulated under the terms of this chapter shall at all times have affixed thereto in a conspicuous place thereon a tag, label, owner identification card or other identifying device listing the name, current address and current telephone number of the distributor of such amusement device. (Ord. 1114 § 2 (part), 1992)

9.05.086 Untagged devices—Nuisance—Reconnection fees—Administrative fees.

A. Any amusement device not having the tags required by Section 9.05.080 or the information required by Sections 9.05.085 and Subsection B of Section 9.05.025 is declared a nuisance, and shall be subject to disconnection and removal by the City. A representative of the City shall be authorized to disconnect and render the amusement device inoperative, following which the machine shall not be reconnected or returned to operation until the requirements of the City code are met.

B. The Finance Department shall assess the person operating a business enterprise within the City upon whose premises one or more untagged amusement devices are found for each such untagged amusement device, and for each amusement device for which the information required under Section 9.05.085 and Subsection B of Section 9.05.025 has not been provided, an administrative fee set by City Council resolution in an amount computed to cover the average cost of investigating, locating, disconnecting and controlling untagged amusement devices and inadequately identified amusement devices. (Ord. 1114 § 2 (part), 1992)

9.05.090 Transfer of permit.

No amusement device operator’s permit issued pursuant to this chapter shall be assignable or transferable either voluntarily or by operation or law or otherwise. (Ord. 1114 § 2 (part), 1992)

9.05.100 Revocation of permit.

The City Manager shall have the power, for good cause shown, to revoke or suspend any amusement device operator’s permit issued under this chapter. Failure to pay any reconnect fee provided for in Section 9.05.086, or any conduct deleterious to the public health, welfare or morals, and the existence of any of the reasons for a denial of a permit as set forth in Section 9.05.050, shall each constitute good cause for suspension or revocation. Any such suspension or revocation shall be subject to appeal to the City Council and the suspension or revocation shall be stayed pending the hearing before the City Council. (Ord. 1114 § 2 (part), 1992)

9.05.110 Permit in addition to business license or other permit.

The permit required under the terms of this chapter shall be in addition and supplemental to any business license or any permit required by any ordinance of the City. (Ord. 1114 § 2 (part), 1992)

9.05.120 Nonconforming businesses—Amortization.

Any amusement device arcade or amusement device in existence in any zone in the City as of the effective date of the ordinance codified in this chapter shall, on or before January 1, 1994, either comply with the provisions of this chapter or be terminated as a nonconforming use. (Ord. 1114 § 2 (part), 1992)

9.05.130 Development standards.

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

A. All amusement devices within the premises shall be visible to and supervised by an adult attendant 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 insure that there is no conduct which is detrimental to the public health, safety and general welfare.

C. During the school year, persons under the age of eighteen shall not be allowed to operate amusement devices Monday through Friday, except legal school holidays, between the hours of eight a.m. and three p.m., unless accompanied by an authorized agent of the school district or such person’s parent or guardian. It shall be the responsibility of the adult attendant to enforce this regulation. The operator shall prominently display the hours of permitted operation.

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 footcandle illumination generally distributed shall be maintained in all parts of the premises at all times when the arcade is open and when the public is permitted to enter or remain therein.

H. Provision shall be made to reduce noise caused by the operation of the amusement devices and 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 reasonable egress from and ingress to the premises by the public.

J. A master switch which allows all amusement devices to be turned on or off simultaneously shall be required. (Ord. 1114 § 2 (part), 1992)

9.05.140 Development plans required.

All applications for amusement device arcade conditional use permits shall be accompanied by a development plan which complies with the provisions of this Code, sufficient in detail to indicate how the applicant proposes to comply with the conditions set forth in Section 9.05.140 of this chapter, and indicating thereon the proposed location on the premises of each amusement device. (Ord. 1114 § 2 (part), 1992)

9.05.150 Licenses—Amusement device arcades and amusement devices.

A. It shall be unlawful for any amusement device 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 Title 5 of this Code.

B. It shall be unlawful for any person to operate or maintain amusement devices on his premises 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 Title 5 of this Code. (Ord. 1114 § 2 (part), 1992)

9.05.160 Limitations on location of amusement device arcades and amusement devices.

A. No amusement device shall be maintained, operated, conducted, or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the retail sale of alcoholic beverages or within ten feet of the liquor retail department of any multi- department business establishment. This subsection shall not prohibit the operation of amusement devices in bona fide clubs, bars, saloons, taverns or restaurants which are licensed to sell alcoholic beverages.

B. No amusement device shall be maintained, operated, conducted, or used, nor kept for such purposes, within any place which is closer than three hundred feet from any public or private school which conducts classes for any of the grades from kindergarten through twelfth grade. (Ord. 1114 § 2 (part), 1992)

9.05.170 Enforcement.

It shall be the duty of the Chief of Police to enforce this chapter. (Ord. 1114 § 2 (part), 1992)

9.05.180 Violation—Penalty.

Any person violating any provision of this chapter or failing to perform the duties imposed hereunder is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of this Code. (Ord. 1114 § 2 (part), 1992)