HomeMy Public PortalAboutOrd. 127685077
ORDINANCE N0. 1276 '.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING THE LYNWOOD MUNICIPAL CODE RELATIVE TO DANCES,
DANCE HALLS, LIVE ENTERTAINMENT AND POOL HALLS IN THE
COMMERCIAL ZONES IN THE CITY.
THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and determines that Chapter 4,
Article I, shall be deleted in its entirety.
Section 2. Sections 25-8.1 a 13, 25-8.1 a 18, and 25-8.1 a 23 of the
official zoning ordinance shall be amended to read as follows:
"13. Billiard parlor or pool hall, provided the requirements of
Section 25-8.9 are met.
"18. Child care center, day nursery, pre-school or day care center,
subject to conditional use permit approval.
"23. Dances, Dance Halls and live entertainment (except adult busi-
nesses as defined in 25-16.19) provided the requirements of
Section 25-16.20 and Chapter 4 of the Lynwood Municipal Code
are met.
Section 3. Section 25-8.9 of the official zoning ordinance shall be
amended to read as follows:
"25-8.9 Commercial Recreation
1. Amusement Arcades
An amusement arcade means any place or premise on which four (4)
or more coin-operated amusement machines are located.
a. Conditional Use Permit Required. No person shall
operate an amusement arcade in the City of Lynwood without first obtaining, in
addition to all other licenses and permits required by this Code, a conditional
use permit, except the following are exempt from the conditional use permit
requirement:
(1) Businesses installing three (3) or fewer amusement devices under this
section.
(2) Businesses installing those devices commonly known as home video units,
sold and used solely for home use.
b. Application for License. Application for a license
must be in writing on a form provided by the City Clerk.
1. A license issued under this chapter:
(a) Is an annual license which expires December 31 of each year,
unless it is suspended or cancelled earlier. "
(b) Is effective for a single place of business only.
2. Such application shall contain the following information:
(a) The name and address of the establishment.
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85077
"25-8.9 Commercial Recreation
(b) The name and address of the owners, partners or corporate
officers of the establishment.
(c) The number of amusement devices to be placed at the estab-
lishment and serial number of each machine.
(d) The name and address of the distributor or supplier of the
arcade .devices.
(e) A statement setting forth any arrests or convictions of the
owners, partners or corporated officers of the establishment
for crimes involving minors within the past ten (10) years.
Arrests or convictions may be cause for denial or revocation
of an application or license.
(f) Such other information as may be required by the City Clerk
or other City divisions for determination of the applicant's
qualifications for a license.
(g) Upon the filing of such application and the payment of the
appropriate fee, the City Clerk shall cause the application
to be forwarded to the Community Development Department.
c. Amusement Devices - Fees. Licensee shall pay an
annual fee per amusement machine. The amount of license fees and any other
fees to be paid to the City shall be established by resolution of the City
Council.
d. Requirements for Operation of Amusement Arcade. No
amusement arcade shall be operated within the City of Lynwood unless it com-
plies with all of the following conditions:
(1) No amusement arcade shall be located closer than five hundred (500) feet
from any public or private school, or from another amusement arcade.
(2) At least one (1) responsible adult supervisor shall be present during all
hours of operation. Such attendant/supervisor shall be stationed to have
direct visibility over all machines.
(3) All machines whether located in an amusement arcade or not shall be subject
to restrictions on use by minors under age eighteen (18). When school is
in session, no minor may use amusement devices before 3:00 p.m. or after
10:00 p.m. on day preceding a school day, unless accompanied by a parent
or guardian.
Persons under eighteen (18) years of age may remain in, enter, or visit
such amusement arcades until midnight on Fridays, Saturdays or other days
not preceding school days.
(4) Where an amusement arcade is maintained in a structure in which other
business activities are conducted, the arcade area shall be separated by a
partition or other means in such a manner to facilitate enforcement of
the arcade restrictions contained herein.
(5) All locations shall have accessible and adequate off-street parking
facilities for automobiles, bicycles and other modes of transportation.
The business frontage shall be free of obstruction so as to permit clear
visibility from the sidewalk and street. Bicycle racks shall not be
located in any required landscaped areas, entrances, exits, walkways to
buildings, driveways within any legally required parking space or in such
a fashion as to obstruct any entrance or exit to any premises.
(6) The owner of operator shall display signs prohibiting gambling on the
premises.
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85077
"25-8.9 Commercial Recreation
(7) It shall be the responsibility of the owner/manager to see that the
premises do not become overcrowded so as to constitute a hazard to the
health or safety or persons therein.
(8) The owner/manager shall comply with all directives given by any member
of the law enforcement agency of the City, its Fire Department, or any
other City officer or employee.
(9) Any applicant, owner, manager, employee or operator of any amusement arcade
shall be required to complete and file a Special Permit application with
the City Clerk, and the Sheriff's Department shall conduct a complete
investigation on all such applications.
(10) The amusement arcade shall be well-lighted during operating hours.
2. Public Billiard Rrom or Halls or Pool Rooms or Hal s
Public Billiard Rooms or Ha s or o0 ooms or Halls" means any
place open to the public where billiards, bagatelle or pool is
played, or in which any billiard, bagatelle or pool table is kept
and persons are permitted to play or do play thereon, whether any
compensation or reward is charged for the use of such table or not."
a. A Conditional Use Permit Required. No person shall
operate a billiard room or pool hall or similar use without first obtaining,
in addition to all other licenses and permits required by this Code, a Conditional
Use Permit.
b. Minors - Excluded. A person under the age of 18 years
shall not be, remain in, enter or visit any billiard room or pool hall, unless
such person is accompanied by one of his parents or by his legal guardian.
c. Obstruction of Entrances. A person shall not maintain
any billiard room or pool hall, or similar place of business to which the public
is invited, or any social billiard club, where there is placed, constructed or
maintained any screen, partition, barrier, closet, alcove or object which may
obstruct the visibility of any part of such establishment except restrooms:
(1) From the street or sidewalk, if such establishment is located on the ground
floor.
(2) From the entrance of any establishment which is located either entirely
below the level of the street or sidewalk or on the second or higher floor
of any building or other structure.
d. No person having charge of any billiard room or pool
hall shall keep the same open or allow or permit the same to be kept open, or
allow or permit any game to be played therein from 2:00 a.m. until 6:00 a.m. of
any day, or allow or permit any person except such owner, manager, proprietor or
person in charge thereof, or the persons regularly employed in or about the same,
to be or remain therein between the aforesaid hours, unless authorized by per-
mit of the city.
e. No owner, manager, proprietor or other person in
charge of a billiard room or pool hall shall allow or permit any intoxicated,
quarreling or disorderly person or persons to be or remain in such place.
f. The parking area shall be illuminated with lights
directed and shielded to prevent light intrusion to adjacent properties. All
lights shall be a minimum of two foot candles of intensity.
g. Off-street parking shall be installed in accordance
with Section 25-14 of the Lynwood Municipal Code.
h. License required. No person shall carry on, maintain
or conduct any billiard room or hall or pool room or hall without first obtaining
a license therefor from the office of the City Clerk.
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85077
"25-8.9 Commercial Recreation
3. Existing Amusement Arcades or Pool Halls (Billiard Rooms). All
persons owning, possessing, operating or maintaining any commercial
amusement devices or pool tables, as defined in this ordinance,
shall remove said devices or tables.on or before the effective
date of this ordinance, unless one of the following exists:
1. Said person is in compliance with the terms and
provisions of this ordinace;
2. Said amusement device or pool hall would be a valid
and legal use of said premises and in compliance
with local laws on the effective date of this
ordinance, but for the provisions of this ordinance.
3. Any amusement arcade or pool hall located in any
commercial zone or industrial classification which
was lawfully established and maintained at the date
of the adoption of the ordinance regulating amusement
devices may continue as a legal nonconforming use,
subject to the provisions of Chapter 25-15 of the
Lynwood Municipal Code. (Ord. No. 1150, ss2; Ord. No.
1212, ~SSS3,5.)
Section 4. SEVERABILITY. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this ordinance, or the application
thereof to any person or place, is for any reason held to be invalid or uncon-
stitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordi-
nance or its application to other persons or places.
The City Council hereby declares that it would have adopted this ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one of more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions, or the application
thereoF to any person or place, be declared invalid or unconstitutional.
First read at a regular meeting of the City Council of said city on the
1st day of April 1986, and finally ordered published
at a regular meeting of said Council held on the 15th day of
.April 1986.
AYES: COUNCILPERSON BYORK, MORRIS, THOMPSON, WELLS, HENNING
NOES: NONE
ABSENT: NONE
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•- - - ~- ~-
/AT EST: /" --
iP.ndre3 L:'Hooper, City Cler
APPROVED AS TO CONTENT:
Vicente Mas, Director
Community Development Dept.
.~ G~~9~~G~//GO2-C~'1
Robert Henning, Mayor
APPROVED AS TO FORM:
~`
E. Kurt Yeager
General Counsel
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