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Home My Public Portal AboutOrd. 1212ORDINANCE NO. ,1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE MUNICIPAL CODE PERTAINING TO REGULATING THE USE AND LOCATION OF AMUSEMENT MACHINES. The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: Section 1. Chapter 25, Section 25-2, pertaining to defini- tions is hereby amended by adding thereto the following: "coin-operated amusement machine" shall mean any device operated by or for patrons in any business establishment for amusement, diversion or sport and which is operated by insertion of a coin as defined herein. This includes such devices as pinball machines and video or electronic games, but does not include juke boxes, or any coin-opera- ted vending machines. "coin-operated vending machine" shall mean any coin-operated machine for dispensing merchandise, goods, wares, or perform- ing cleaning, repair or other services. "coin" shall mean slug, token, disc or other similar device. Section 2. Chapter 25, Section 25-2, "Amusement Machine" shall be deleted in its entirety. Section 3. Section 25-8.9 RESTRICTION ON ARCADES shall be deleted in its entirety. follows: Section 4. Section 25-8.1a5 shall be amended to read as "5. Amusement Arcade, provided the requirements of Section 25-8.9 are met". Section 5. Section 25-8.9 is hereby amended to read as follows: "25-8.9 AMUSEMENT ARCADES An amusement arcade is 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 for such use provided in Section 25-25.1 of this Code. 1. EXEMPTIONS (a) No permit is required for a person to obtain three (3) or fewer amusement devices under this section, (b) The operation or maintenance of coin-operated pool tables for which a permit is required pursuant to ~4-2 of the code. (c) Those devices commonly known as home video units, sold and used solely for home use. -1- "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. (b) The name and address of the owners, partners or corpo- rate officers of the establishment. (c) The number of amusement devices to be placed at the establishment 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 estab- lishment 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 appli- cant'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 appli- cation to be forwarded to the Community Development Depart- ment. "C Amusement devices - fees "The amount of rate of "license fees" and any other fees to be paid to the City as provided in Section 17-57 of the Lyn- wood Municipal Code shall be established and/or modified by resolution of the City Council. "D Requirements for Operation of Amusement Arcade "No amusement arcade shall be operated within the City of Lyn- wood unless it complies 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 responsible adult supervisor shall be present during all hours of operation. Such attendant/supervisor shall be stationed to have direct visibility over all ma- chines. -2- 3. All machines whether located in an shall be subject to restrictions on age 18. When school is in session, amusement devices before 3:00 p.m. day preceding a school day, unless or guardian. amusement arcade or not use by minors under no minor may_use or after 10:00 p.m. on accompanied by a parent Persons under 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 re- strictions contain 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 visi- bility 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 or operator shall display signs prohibiting gamb- ling on the premises, pursuant to Section 22-18 of the Lyn- wood Municipal Code. 7. It shall be the responsibility of the owner/manager to see that the premises do not become overcrowded so as to con- stitute a hazard to the health or safety or persons therein. 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. 8. 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 investiga- tion on all such applications. 9. Licensee shall pay an annual fee per amusement machine. 10. The amusement arcade shall be well-lighted during operat- ing hours. "D. Existing Amusement Arcades "All persons owning, possessing, operating or maintaining in any commercial coin-operated amusement devices, as defined in this ordinance, shall remove said devices on or before the effective date of this ordinance, unless one of the following exists: .l. Said person is in compliance with the terms and pro- visions of this ordinance; 2. Said amusement device 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- 3. Any amusement arcade located in a commercial zone classifi- cation which was lawfully established and maintained at the date of the adoption of the ordinance regulating amuse- ment devices may continue as a legal non-conforming use,, subject to the provisions of Chapter 25-15 of the Lynwood Municipal Code. Section 6. This ordinance shall take effect thirty (30) days after adoption. Section 7. Severability. If any section, subsection, sub- division, 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 unconstitutional by the decision of any court or compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase, or por- tion, or the application thereof to any person or place, be declared in- valid or unconstitutional. Section 8. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. First read 0th a regular meeting of the City Council of said City held on the day of September 1983, and finally ordered published at a regular meeting of said Council held on the .. 4th day of October 1983. AYES: Councilmen Byork, Green, Morris, Rowe, Thompson NOES: None ABSENT: None ATTEST: ~o~-~LC~ Andrea Hooper, City Cl rk APPRO ED AS TO FORM: Dave cEwen, City Attorney APP OVED AS TO CONTENT: ~~ ~~~ S ndra M. Read, Community Development Director -4- ~iZy oz Lynwoou ~. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1212 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 7th day of October 19$3.. (sEAL) ~u~ ~~ C, ty erk , , t- y o~ ynwo~-