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HomeMy WebLinkAbout81-20 Amending Chapters II and XIII to Regulate Electronic Game MachinesORDINANCE NO. 81-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTERS II AND XIII OF THE COSTA MESA MUNICIPAL CODE TO REGULATE ELECTRONIC GAME MACHINES. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares as follows: 1. Electronic game machines are novel and popular activities that may have potentially deleterious effects upon adjacent areas and uses when more than a few such games are present in any single business establishment; 2. Electronic game machines have adverse impacts on adjoining areas and uses such as: (a) the attraction of large numbers of juveniles and subsequent increases in social problems such as loitering, littering, and minor vandalism; (b) a decrease in patronage of adjacent commercial uses caused by the congregation of large numbers of juveniles and the parking of bicycles blocking walkways and store entrances; and (c) the adverse impact on nearby residential land uses caused by excessive noise and late hours of operation during weekends; 3. The regulation of these activities is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surround- ing uses and interfere with the health, safety, peace, and general welfare of the public; 4. The existing regulations and standards are inadequate to accomplish these goals. ,i w SECTION 2: NOW, THEREFORE, the Costa Mesa Municipal Code is hereby amended as follows: 1. Amend Section 13-209 to read: § 13-209. Conditional uses. 1. Motel and hotels. 2. Auditoriums. 3. Dry cleaning plants. 4. Health and sports clubs, spas and massage parlors. 5. Automotive, motorcycle and boat dealerships (including sales and service). 6. Service clubs engaged in public service and not operated primarily for profit. 7. Service stations. 8. Retail nurseries (no bulk fertilizer storage). 9. Preschools, day-care centers, nursing homes, and convalescent hospitals. 10. Mini -warehouses. 11. Other commercial uses not provided for as a permitted use may be con- sidered for approval as a conditional use, according to the provisions set forth in this title. 12. Buildings in excess of two (2) stories or thirty (30) feet. 13. Any business activity which is limited to persons eighteen (18) years or older (excepting establishments engaged in on -sale beer, wine, and liquor). 2. Adopt Article 3 of Title 13, Chapter XIII as follows: ARTICLE 3. REGULATION OF ELECTRONIC GAME MACHINES 13-870. Definition The following word used herein shall have the meaning set forth: 1. Electronic Game Machine - Any electronic or mechanical device which upon insertion of a coin, slug, 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 or chance. -2- S 13-871 - Permits Required 1. It shall be unlawful and a misdemeanor to establish or operate four (4) or more electronic game machines upon the premises of any business establishment within the City of Costa Mesa without first obtaining a Conditional Use Permit. 2. Electronic game machines shall be permitted in all Commercial and Industrial Zones, subject to the issuance of a Conditional Use Permit, pursuant to the provisions of this title. This requirement is in addition to other permits or certificates required by law. Any premises containing four (4) or more elec- tronic game machines shall be subject to development standards set forth in this chapter, and where the chapter does not provide specific direction, the provisions of other applicable chapters and articles shall apply. 13-872 - Development Standards The following development standards and regulations shall apply to all business establishments containing four (4) or more electronic game machines in the City and shall be conditions imposed upon the granting of any Conditional Use Permit for such establishments. 1. All electronic game machines within the premises shall be visible to and supervised by an adult attendant. Said attendant shall be present at all times when any electronic game machine is being operated. 2. The supervision of the patrons on the premises shall be adequate to ensure there is no conduct that is detrimental to the public health, safety, and general welfare. 3. During the school year, persons under the age of eighteen years shall not be allowed to operate electronic game machines Monday through Friday, except legal school holidays, between the hours of 8:00 a.m. and 3:00 p.m. unless accompanied by an authorized agent of the School District. It shall be the responsibility of the adult attendant to enforce this regulation. -3- 4. Establishments dispensing food services shall provide one waste receptacle, with a minimum capacity of -thirty gallons, for every four electronic game machines. Receptacles shall be located in the vicinity of the game machines. 5. Outside security lighting shall be provided under the direction and upon the recommendation of the Development Services'and/or Police Department. 6. The initial approval 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 Development Services Director 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 matter of renewal shall be referred to the City Planning Commission to determine if the standards have been complied with and renewal should be approved. 13-873 - Nonconforming Business Amortization Any premises containing four (4) or more electronic game machines as defined in this article, in existence and lawfully operating as of the effective date of this Ordinance, shall, within one (1) year after the effective date of this Ordinance, either obtain a Conditional Use Permit therefor or terminate the nonconforming use. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof; and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordi- nance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordi- nance and within fifteen (15) days after adoption, the City Clerk shall cause to be QC ,published, the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this /fozr4 day of 1981. ATTEST: oil City Clerk of the City ofto Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) C—N, 1� a"'-0 1'c 1, L - Mayor of the CJty of Cost Mesa APPROVED AS TO FORM Cli'ty-Attorney I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 81 -*2o was introduced and considered section by section at regular meeting of said City Council held on the ,2/mwQday of ��, 1981, and thereafter passpd and ad pted as whole at a regular meeting of said Council held on the day of JdAj 1981, by the following roll call vote: AYES: OOUNCILMEMBERS: / NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereby sat my hand and affixed the Seal of the City of Costa Mesa this day of 1981. CIIEy Clerk and ex -officio Cler of the City Council of the City of C to Mesa _ -5-