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HomeMy WebLinkAboutSKILL GAMESA_1Y -OF NEWPORT BER FH C UNCIL ME B RS ROLL CALLS T1'9A 99. 19R1 MINUTES I NI)F'Y prepare preliminary and working drawings for the park. Said plans shall be developed under the direction of the Director of Parks, Beaches and Recreation and shall be subject to his approval. C. The City shall assume all maintenance responsibility for the flat portion of the park and Turkish Rugging areas. The flat park and Turkish Rugging areas are approximately five acres. In addition, the Applicant, the Parks, Beaches and Recreation Commission, and the staff had recommended a fourth provision as follows: D. The City shall analyze the Turkish uggiug area to determine if this natural ar needs to be preserved or if it can be i orporated into the landscaped park area." Bob Trapp,' represent J. M. Peters Company, addressed the Council a displayed an exhibit of the park proposal. He st ed that their firm is proposing to install the sl a buffer area around the perimeter of the park, wh h will eventually be turned over to the 'homeowner's\3- long-termr long-term maintenance. They wieworking drawings for the park. Discussion ensued withrespect access to the park and the consccept- ing in -lieu fees. Motion x Following consideration, the pus All Ayes continued to July 14, 1981; the Parks, Beaches and Recreation Commission was directed to consider and report back on acceptance of in -lieu fees; and staff was directed to report back on whether the Turkish Rugging is an endangered species and should be preserved, or if it can be incorporated into the landscaped park area. 4. Mayor Heather opened the public hearing on the Vespignani APPEAL OF DANTE A. VESPIGNANI from denial of_Skill Skill Game Permit Game Permit at 129 Agate Avenue, Balboa Island (Goldenwest Landromat). (65) A report from the Assistant City Attorney, was presented. The City Clerk advised that, after the printing of the agenda, she had received 12 letters from residents of Balboa Island, opposing the location of the electronic games, and urging denial of the application. Volume 35 - Page 166 PTY OF NEWPORT ACH C UNCIL ME 8\RS MINUTES �� ROLL CALLS Sn S June 22. 1981 iuncY The City Attorney advised that his office had pre- pared a Stipulation of facts regarding the appeal, which he distributed to the Council and the City Clerk for the official records, He stated that his office, the City Manager, and Appellant believe that the facts set forth in the Stipulation substan- tially represent the facts of the amusement device operation at the Goldenwest Laundromat. Gene Baum, President of Balboa Island Improvement Association, addressed the Council, advising that their Association had written a letter to the City Manager in April, requesting the electronic games not be permitted at the subject location. Bric Tabb, owner of Pacific Amusement Associates, addressed the Council, advising that he operates electronic and video games at Don Shir's Restaurant across the street from the Goldenwest Landromat, under permit from the City. He stated that the Appellant is operating without the benefit of a permit. He felt there was a saturation point involved, and pointed out that the games at the laundromat are not supervised, as those that are located within the restaurant. Don Dean, owner of Don Shir's Restaurant, located across the street from the subject property, stated that he had received a Skill Game Permit from the City in January. The restaurant is open from 12:00 Noon to 9:00 p.m., six days a week, and the games are closely supervised. Hearing no others wishing to address the Council, the public hearing was closed. Motion x The decision of_the License Supervisor was sus - All Ayes tained, and_the application for Skill Game Permit at 129 Agate Avenue. Balboa Island (Goldenwest Laundromat) was denied, based on the following: a) That Dante Vespignani (Appellant) is the proprietor of the laundromat located at 129 Agate Avenue, Balboa Island; b) That Appellant has installed four video games in the laundromat without first obtain- ing an Amusement Device Permit to do so from the City of Newport Beach; c) That the City Manager, through his duly authorized license supervisor, denied the permit; d) That the preaeace of the video games in the laundromat tends to attract large numbers of young persons to the business and that those persons often engage in loud and bois- terous conduct and use profane language such that adjacent and nearby residents are dis- turbed and annoyed; e) That the presence of the young persona and the conduct that they engage in, including the drinking of alcoholic beverages, constitutes an unreasonable police problem and will con- tinue to generate an excessive number of police responses to the laundromat; Volume 35 - Page 167 I ht Y OF NEWPORT BRCH C UN CIL MEMB RS MINUTES RDI I rAI I �n �� June 22. 1981 INDEX f) That the presence of a supervisor and limitation of the hours during which the machines are in operation may serve to reduce the problems related to noise and offensive or illegal conduct but, will not make it likely that noise generated by persons attracted to the video games will not disturb the peace and quiet of the neighborhood, nor will such supervision render it likely that unreasonable police problems will not exist. E. PUBLIC COMMENTS: 1. Chris Gustin, President, Newport Beach Professional NB/Prof and Technical Employees Association, addressed the Tech pl Council, and submitted a prepared document regard- C-20 ing their contract negotiations for Fiscal Year (3 1981-82. Mr. Gustin stated that their membership voted to reject the final offer made by the City's negoti - ing group, which is as follows: a) Salary increase of 6.2%; b) City will pay one-half (3.5%) of e employee's PERS Contribution Ra e; and c) An increase in the maximum or Medical Insurance Coverage rom Two Hundred Fifty Thousand Do ars ($250,000) to unlimited. Mr. Gustin stated that the off r was rejected for the reasons as set forth in� s prepared statement. A request was made that t E'current negotiations take into consideration a increases anticipated by the survey cities fyy the Fiscal Year 1981-82, and that future negototations be based upon the three highest citi slfor each benchmark position: Mr. Gustin state that the following salary and benefit packag provides for a 9.3% increase for parity, as i icated by the City's survey, and an additional .4% increase, representing a low esti- mate of tt} average increases expected in the three cities rveyed: Salary increase of 10.2%; b) City will pay one-half (3.5%) of the employee's PERS Contribution Rate; and c) The increases in Major Medical Insurance Coverage as proposed by the City. f In conclusion, Mr. Gustin stated that they would f like to have an interpretation of the J-1 City Council Policy (City Employees Compen- sation), which would be satisfactory to both the Newport Beach Professional and Technical Employees Association, and the City's negotiations group. Jimmy D. Larsen, Member, Newport Beach Professional and Technical Employees Association, addressed the Volume 35 - Page 168 PTY OF NEWPORT B CH C UN CIL ME 8 RS MINUTES 9 G ti s ROLL CGLL� �n T„na 22_ 19R1 iunev Council and presented a graph showing the salaries \ of various positions, using the Cities of Anaheim, Huntington Beach and Santa Ana for comparison. Mr. Larsen stated'that the source of the survey was through the League of California Cities. He felt it was appropriate to use the Cities of Anaheim and Huntington Beach as a comparison, but did not feel \ the City of Santa Ana should be included as one of the top three cities. Following consideration by the Council; comments by the City Manager; and there being no objections; this item was referred back to the respective negotiating groups. 2. James de Boom, President, Orange Coast Family Young Orange Coast Mena' Christian Association, addressed the Council YMCA/Organz requesting the City set aside 10% of its annual (61) Revenue Sharing allocation to be used to help fund local "human services." Mr. de Boom stated that local human services would nclude those items related to shelter, food and h lth. He suggested the City Council appoint a co ittee of the City Manager, Chief of Police, Dire for of parks, Beaches and Recreation, and two agene as for funds needed to provide shelter, food and he Ith services to those residents from the communi It was uo d that 10% of the City's Revenue Sharing funds was a proximately $40,000. F. CONSENT CALE : Motion x The following action were taken as indicated except for All Ayes those items removed: 1. ORDINANCES FOR INTR UCTION: For introduction and hedule for Public Hearing on July 14, 1981: (a) Proposed Ordinance N . 1883, being, AN ORDI 0-1883 NANCE OF THE CITY OF -WPORT BEACH ADDING Pkg Perm CHAPTER 12.68 TO THE N ORT BEACH MUNICIPAL (63) CODE RELATING TO RESIDE S' PARKING REGULATIONS AND PERMITS AND ESTABLIS NG A RESIDENTS' PARKING PERMIT SYSTEM FOR . ORT ISLAND, and the acceptance of a Negativ Declaration. (A report from the Traffic Engi er) For introduction and pass to second eading on July 14, 1981: (b) Proposed Ordinance No. 1884, being, AN ORDI- 0-1884 NANCE OF THE CITY OF NEWPORT BEACH A't<fENDING Pers/Class SECTION 2.12.100 OF THE MUNICIPAL CODE DESIG- (66) NATING THE PUBLIC WORKS DIRECTOR AS THE CITY ENGINEER PRO TEM. Volume 35 - Page 169 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY Agenda Item No. D-4 June 22, 1981 To: Honorable Mayor & Members of the City Council From: Assistant City Attorney • Subject: Appeal of Dante Vespignani from Denial of Amusement Device Permit for Golden West Laundromat (129 Agate St., Balboa Island) APPEAL Dante Vespignani, owner of Golden West Laundromat located at 129 Agate St., Balboa Island, is appealing the denial of his Application for an Amusement Device Permit BACKGROUND A brief summary of both the events which have culminated in this appeal and the provisions of the Ordinances of the City of Newport Beach that govern issuance of Amusement Device Permits may be of assistance to the Council in its consideration of this matter. The presence of amusement devices at the laundromat, and the • problems they created was first brought to the attention of the City in correspondence from Mrs. Dorothea E. Hamilton received on January 26, 1981, a copy of which is attached hereto as Exhibit "A". As a result of an investigation requested by the City Manager, the Business License Department determined that video games had been installed and that no permission to install the games had been granted by the City. Mr. Vespignani was provided with an Permit Application and submitted same to the City on • February 26, 1981, a copy of which is attached hereto and marked Exhibit "B". Based upon information submitted (see Inter -Office Memorandum attached hereto as Exhibit "C") the City Manager denied the application, determining that the presence of video games at that location would likely interfere with the peace and quiet of the surrounding residential neighborhood and result in unreasonable police problems and denied letter attached as Exhibit "D"). PROCEDURE The City Council is charged by Ordinance to "hear the Aapplicant, the City Manager and all relevant evidence" and "determine the merits of the appeal." (NBMC 5.34.110). It is anticipated that both sides will elicit testimony from witnesses, and that the evidence presented will be limited to the reasons for denial as expressed by the City Manager. To conduct a fair hearing, the City Manager has the burden of • proving, by a preponderance of the evidence, that the presence'of video games will interfere with the peace and quiet of the neighborhood or result in unreasonable police problems. The City Manager, represented by this office, will present evidence first, followed by the Appellant's presentation of evidence by Joseph Angelo representing him. The City Manager will then have a right to respond to evidence presented by Appellant. Both sides will have the right to cross-examine witnesses of the other, and the hearing will conclude with brief argument from representatives of each side. After both sides have presented their case, the Council should discuss the evidence, determine what facts have been established, make findings, and, finally, render a decision. The Council can deny the permit, grant the permit or grant the permit subject to conditions. This office will submit proposed findings at the conclusion of the hearing and the Appellant will be requested to do likewise. As of the date of this report, representatives of both sides are discussing the possibility of entering into a Stipulation (agreement) of facts. If agreement is reached, staff will endeavor to provide council with copies of the Stipulation at the earliest possible time. Should an agreement be reached as to the facts that surround this appeal, the function of the Council will be limited to making findings and rendering a decision. 2 0 0 • RECOMMENDATIONS If it is the desire of the Council that Appellant be granted an Amusement Device Permit, it is strongly recommended that the Council, as a condition of approval, require the Appellant, or an employee, to be present at the laundromat whenever the business is open. The reason for this recommendation is found in provisions of Chapter 5.34 of the NBMC which (1) prohibit certain conduct in businesses having an Amusement Device Permit; (2) require the owner or other person in charge to enforce rules regarding the operation of a facility involving amusement devices and (3) require the owner or person in charge to report violations to and cooperate with the Police Department. It seems obvious that a permittee cannot satisfy these requirements unless there is continuous supervision of the premises during hours of operation. The Council may wish to impose other conditions of approval and a restriction on the hours of operation and/or the number of machines: A copy of Chapter 5.34 of the Newport Beach • Municipal Code is attached hereto for further reference and marked Exhibit "E". RHB/pr Attachments • 3 e' • 0 7' 121 13I1 14'', 15 16 17'. 18, 19 20 21, 22 23 24 25 26 27 M CITY OF NEWPORT BEACH CITY COUNCIL IN RE THE MATTER OF ) Agenda Item No. D-4 APPEAL OF DANTE VESPIGNANI ) Findings for Denial (1) That Dante Vespignani (Appellant) is the proprietor of the laundromat located at 129 Agate St., Balboa Island; (2) That Appellant has installed four video games in the laundromat without first obtaining an Amusement Device Permit to do so from the City of Newport Beach; (3) That the City Manager, through his duly authorized license supervisor, denied the permit; (4) That the presence of the video games in the laundromat tends to attract large numbers of young persons to the business and that those persons often engage in loud and boisterous conduct and use profane language such that adjacent and nearby residents are disturbed and annoyed; (5) That the presence of the young persons and the conduct that they engage in, including the drinking of alcoholic beverages, constitutes an unreasonable police problem and will continue to generate an excessive number of police responses to the.laundromat; (6) That the presence of a supervisor and limitation of the hours during which the machines are in operation may serve to reduce the problems related to noise and offensive or illegal conduct but, will not make it likely that noise generated by persons attracted to the video games will not disturb the peace 1 1, I • f 1 and quiet of the neighborhood, nor will such supervision render 2 it likely that unreasonable police problems will not exist. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 I 27 28 II 2 111 12 13I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF NEWPORT BEACH CITY COUNCIL IN RE THE MATTER OF APPEAL OF DANTE VESPIGNANI Agenda Item No. D-4 Findings for Approval (1) That Dante Vespignani (Appellant) is the proprietor of the laundromat located at 129 Agate St., Balboa Island; (2) That Appellant has installed four video games in the laundromat without first obtaining an Amusement Device Permit to do so from the City of Newport Beach; (3) That the imposition of certain conditions on the grant of the Amusement Device Permit will eliminate the excessivel/�noise, offensive conduct and illegal activity, which warranteddenial of the permit, and these conditions are as follows: a. That the Appellant or his employee shall supervise the premises between the hours of 7:00 p.m. and 12:00 a.m. b. That the video games be rendered inoperative from 12:00 a.m. to 10:00 a.m. I • • 23 January 1981 CITY MANAGER City of Newport Beach, Newport Beach, California 92662 Dear Sir: As a Balboa Island taxpayer, I am very concerned about the situation which has developed at and in the vicinity of the Laundromat located at 129 Park Street on the Island. The owner has positioned a couple of pinball machines within the laundromat and these are attracting young people who evidentally can't find any other form of recreation late in the evening. Particularly in the late evenings up through midnight, groups of children congregate at the Laundromat with con— sequent loud talking and yelling, firecracker shooting, and other disturbing noise. I doubt very much that the users of the l.aundrT equipment make use of the game machines. In fact, several of the neighborhood young women steer clear of using the Laundromat because of the rough element congregating at the game machines. Could you reason with the owner of the Laundromat to remove the games and, perhaps, peace and decorum will once more prevail. Thanking you for your efforts, I remain, fRATHRWA&e 200 Pearl Street Balboa Island, California 92662 EXHIBIT A, r L L w i T ur NtwrUK I btAL;H • _ fJ.B.P.D. 5 PERMIT APPLICATION ANSWER ALL QUESTIO14S COMPLETELY NEW PERMIT RENEWAL AMEND PAGE i OF SKILL GAMES PAWN BROKER/2nd HAND PATRON DANCE DOOR TO DOOR t SECURITY GUARD MASSAGE PARLOR OPERATORTAXI TOW TRUCK MASSAGE TECHNICIAN LIVE ENTERTAINMENT _AMBULANCE _OTHER -- — ao APPLICANT INFORMATION'�mrp�frmft 9.D-10-7 NAME ci - /�� f d 'l MAIDEN/AKA ADDRESS C CITY )•'tV4 IP CODE_4Lgw/ W�'L - TELEPHONE NO. LIST TWO PRIOR ADD SSES: 2. U.S CITIZEN: YESX NO ____ PLACE OF BIRTH: L.�/eti� �l ' SEX AGE�DATE OF BlI/R�TH �/ /�; lis HT.: WWT.: 1,?j HAIR;V,. EYES:/,7,i.. _ COMP.:_ DRIVER`S LICENSE NO. ry � 8 3 % SECURITY _SOCIAL OTHER STATE, FEDERAL OR CITY LICENSES HELD�3f� } c.ilccL L .cUr� IST ALL EMPLOYERS IN THE LAST 3 YEARS.(BEGIN WITH THE MOST RECENT.SEE BELOW INSTRUCTION) 2 3. 4. _ INCLUDE:NAME OF BUS.,ADDRESS, PHONE NO., POSITION, DATES OF EMPLOYMENT . C��.. EMPLOYER INFORMATION BUSINESS NAME 2L/� Gu��+a�i d ADDRESS, % %Z4s� �� CITY y/� , j. ,-• . _ ZIP�91 F i TELEPHONE _1 h G� OWNER'S NAME: LIST L PRINCIPALS, OFFICERS, PARTNERS. TITL AND N H S 0 IY]E 2 . k''' 1 >.� L/ .i,��. � � �% .� �.�.�.f._ off• S a� i (� �, — 2 J y �-..- 3. J LIVE ENTERTAINMENT AND PATRON DANCE ONLY PE OF ENTERTAINMENT (PTANO BAR, ETC.) PARKING ACCOMODATIONS/NUMBER DANCE FLOOR AREA SIZE SEATING CAPACITY - ^ SKILL GAMES PERMIT ONLY HOW MANY UNITS SIZE OF ROOM WHERE UNITS WILL. BE PLACED TYPE OF GAMES / NBPD FORM 12.7 (REV 1-79) b / .rl � 0 (7 t�a�( E EXHIBIT B -Ahk------- - - -- - -- MASSAGE TECHNICIAN PERMIT ONLY ATTACH THE FOLLOWING. 1. REFERENCES FROM 5 CITIZENS OF NEWPORT BEACH. MINLOMA FROM nfICATIONS 2. DOCTORS MEDIC L CLEARANCE (LAST 30 DAYS). CERTIFITED SCHOOL OR ONE 3. DIPLOMA FROM A OOL YEAR PRIOR EXPERIENCE IN N.B. OR FIVF, YEARS PROOF OF EXPERIENCE. EXPERIENCE OUTSIDE N.B. AND PASS . COPY OF CALIFORNIA DRIVERS LIC WRITTEN TEST WI RE OF 70% OR ABOVE. 5. PREVIOUS TECHNICIANS LICEN , YES NO AT LEAST 18 YEARS OLD. 6. EVER HAD LICENSE REVO , YES— NO TEST DATE/SCORE / _ AMBULANCE DRIVER PERMIT ONLY ATTACH THE FOLLOWING. 1. COPY OF CALIFORNIA DRIVERS LICENSE. 2. COPY OF AMBULANCE DRIVERS C ATE 3. COPY OF E.M.T. CERTI I ARREST AND CRIMINAL INFORMATION HAVE YOU EVER BEEN ARRESTED OR "BOOKED" BY A LAW ENFORCEMENT OFFICIAL OR HELD FOR INVESTIGA- TION, OR INDICTED BY A GRAND JURY, OR APPEARED IN COURT ON A WARRANT, EITHER AS A JUVENILE OR ADULT, OR AS A CIVILIAN, OR A MEMBER OF THE ARMED FORCES? IF THE ANSWER IS YES TO ANY OF THE ABOVE, YOU MUST LIST EACH ON AN ATTACHED SHEET OF PAPER. NO_k SEE ATTACHED_ I HEREBY,DECLARE UNDER PENALTY OF PERJURY THAT THE INFORMATION GIVEN IS TRUE AND CORRECT AND THAT ANY FALSE, OR WITHHOLDING OF INFORMATION MAY SUBJECT ME TO CRIMINAL PROSECUTION AND IS ROUNDS TO DENY OR REVOKE MY LICENSE Olt PERMIT. I FURTHER UNDERSTAND THAT I CANNOT OPERATE IS BUSINESS OR CONDUCT THE ACTIVITY FOR WHICH THE PERMIT IS REQUIRED UNTIL A PERMIT HAS BEEN ISSUED. I ALSO UNDERSTAND THAT I AND MY EMPLOYEES MAY BE FINGERPRINTED AS A CONDITION OF OBTA G TH S LICENSE OR PERMIT, SIGNED DATE/TIME FEE PAID , DATE 6 WITNESSED BY FOR OFFICIAL USE ONLY LOCAL RECORD.... NEGATIVE SEE ATTACHED DATE FINGERPRINTS SENT CII O.C. RECORD..... NEGATIVE_ SEE ATTACHED_ DDL RECORD,,, NEGATIVE_ SEE ATTACHED__ A.B.C. RECORD... NEGATIVE SEE ATTACHED MCAPS RECORD.NEGATIVE SEE ATTACHED_ CII RECORD...... NEGATIVE_ SEE ATTACHED_ NCIC RECORD..NEGATIVE SEE ATTACHED DISCREPANCIES IN APPLICANT'S STATEMENT AND RECORD CHECKS...... NEGATIVESEE ATTACHED BUSINESS ESTABLISHMENT INFORMATION............................NEGATIVE_ _ SEE ATTACHED_ _ INVESTIGATING OFFICER S COMMENTS(INITIALS)....................OKAY SEE ATTACHED PERTINENTRULES EXPLAINED.....................................YES NO N/A APPLICANT REQUESTS TERMINATION OF PERMIT REASON —_ RECOMMENDATION GRANT TERMINATE DENY OTHER INVESTIGATING OFFICER'S SIGNATURE SUPERVISOR APPROVING PERMIT APPROVED / DENIED BY FINANCE DEPARTMENT DATE/TIME C • CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: Dave Larson From: Assistant City Attorney Subject: Golden West Laundromat Video Games/Amusement Service Permit This is to advise you that this office has received three phone calls regarding problems, perceived by Balboa Island residents, related to the presence of a number of video games on the premises at Golden West Laundromat at 129 Agate, Balboa Island. Two of the calls were from residents: one who asked to remain anonymous while the other asked that her name remain confidential to the extent possible. Both residents complained that a large number of juveniles are attracted to the laundromat to play video games. These juveniles congregate at the location at late hours, create loud noise, drink, disturb the peace and quiet of the neighborhood and generate excessive police activity. Attached to this memo is a summary of police activity related to this location. The Balboa Island Improvement Association has also expressed concern over the noise and unruly activities created by juveniles congregating at the laundromat. The number of the machines, the use hours and lack of supervision all seem to contribute to the problem. EXHIAIT C' • May 14, 1981 Golden West Laundromat Crime reports date back to 169; malicious mischief; burglary 170; malicious mischief 172; burglary 177; miscellaneous crime report '77; '78 misc. crime report; 2 thefts 179; burglary 179; 180 misc. theft; theft,theft; 181 miscellaneous crime reports. • These are crime reports - there have been other calls made for drunk or disturbances re disorderly conduct - no report available at hand, if required would have to be researched Unless a crime report was taken there is no information available at hand - non formal action requires search of records. Jim Jacobs knows that they have had juvenile problems, i.e. disturbance calls, arrests for disturbance or curfew violation - however, unless Golden West was the victim police wouldn't have information at hand today - it would require a search. .n _A_ • .• May 15, 1981 Dane Vespignar,i 2021apruce Ave. Sar:t=_ heights, Ca. 92707 Re: A:t_s= ent Devices Permit 12Y Agate Ave., Balboa Island Dear Mr Vesp i gnsr.i , This is .o advise you that your application for an amusement device permit, to allow you to maintain so-called video games in your business at 129 Agate Ave., has been denied. The basis for this denial is that the granting of the permit at the location proposed will continue to interi'e•re with tile peace and quiet of the neighborhood and result in continuing Police problems. Ple=_ae be advised that you have the right to appeal the denial of your application t., the City Council of the City of Newport Beach. To _p e=l the dania' you must within fifteen (15) days from the date of to — letter file eith the City Clerk of the City of Newport Beach a addresses to the City Council setting forth the facts, and c :� instances, regarding the action of the City Manager that form L' :,': of your zp peal . :,_i have ar%, ;ues•tions with respect to the contents please _he unC2.1 ersigned at 6n0-31. Day- - _ ;on _-'twrviSol, EXH181T D i . .•( . !i:'. �:. (•• ii.a� �: (:U!t •l'il!'l!. .�('l•.'!lU I'! !;(�J!' 1, f aii�l,!' �';)•', 1 q • • POOL TABLES, AMUSEMENT DEVICES 5.32.100-5.34.010 • ment or by any police officer. (Ord.' 1053 (part), 1963: 1949 Code § 4309). 5.32.100 Exceptions. This Chapter shall not apply to dance halls or private dances as defined in Section 5.32.010. (Ord. 1053 (part), 1963: 1949 Code § 4301). 5.32.110 Licenses and Fees Not Exclusive. Fees and permits required by this Chapter shall be in addition to any license, permit or fee required under any other Chapter of this Code. (Ord. 1053 (part), 1963: 1949 Code § 4310). Chapter 5.34 POOL TABLES AND AMUSEMENT DEVICES* Sections: 5.34.010 Definitions. 5.34.020 Permit Required for Pool Tables and Amusement Devices. 5.34.030 Certain Games Prohibited. .5.34.040 Application for Permit. 5.34,010 Issuance of Permit —Investigation. 5.34.060 Addition or Substitution of Equipment. 5.34.070 Permits Nontransferable. 5.34.080 Display of Permit. 5.34.090 Prohibited Conduct. 5.34.100 Revocation of Permit. 5.34.110 Appeals from Action of City Manager. 5.34.120 Review by City Council. 5.34.130 Permits and Fees Not Exclusive. 5.34.010 Definitions. For the purpose of this chapter, the following words shall have the meanings given herein. AMUSEMENT DEVICE. The term "amusement device" shall mean any machine, game or device which may be played or operated by the public for purposes of amusement or recreation, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug, key, or other device, or by the payment of any fee. It shall include, but not be limited to, any machine, game or device known as a pin game, pinball machine, one-shot marble game, horse race machine, claw, scoop or grab machine, rotary machine, shuffleboard game, ski ball game, skill game, and all games and activites of a similar nature whatever they may be called. The term "amusement device" shall not be construed to include any vending machine or any coin operated machine which plays recorded music. POOL TABLE. The term "pool table" shall mean any table regardless of its size on which the games of pool, billiards, snooker or bagatelle may be *Prior ordinance history: Ord. 1168. 103 (Newport Beach 7-15.77) EXHIBIT E lb , • 5.34.020-5.34.050 BUSINESS LICENSES AND REGULATIONS played. I&EQUIPMENT. The term "equipment' shall mean one or more pool ables or amusement devices or any combination thereof. FUN ZONE. The term "fun zone" shall mean the area bounded by Main Street, Bay Avenue, Palm Street, and Newport Bay. (Ord. 1170 § 7 (part), 1966). 5.34.020 Permit Required for Pool Tables and Amusement Devices. No person shall keep, maintain or possess in any place of business open to the public one or more pool tables or amusement devices without first having obtained a permit to do so in accordance with the provisions of this chapter. Such permits shall be in the name of the owner or operator of the business premises at which the equipment is to be located. (Ord. 1170 § 7 (part), 1966). 5.34.030 Certain Games Prohibited. (a) No person shall keep, maintain or possess in any place of business open to the public any machine, game or device which dispenses merchandise or prizes by means of a claw, scoop, arm or rotary table, any horse race machine, or any machine, game or device known as a pin game, pinball machine, marble machine, or one-shot marble game. (b) Exception for Fun Zone. The prohibitions set forth in subsection ) shall not apply to the keeping, maintenance or possession of any game or achine described therein in a duly licensed penny arcade or in an amusement business located in the Fun Zone, with the exception of machines, games or devices which dispense merchandise or prizes by means of a scoop or an arm and rotary table, or machines, games, or devices which reward a player with money, tickets or merchandise exchangeable for money, more than 5 free games or additional plays or unwrapped food or edibles of any kind. (Ord. 1182, 1966: Ord. 1170 § 7 (part), 1966). 5.34.040 Application for Permit. Applications for such permits shall be filed with the City Manager on forms supplied by the City together with an application fee as established by Resolution of the City Council to cover the costs of processing and investigating. The application shall contain such information as may be deemed necessary by the City Manager and shall be signed and verified by the applicant. The City Manager may require that the applicant and the person or persons responsible for the management or operation of the premises be fingerprinted. (Ord. 1738 § 10, 1977: Ord. 1677 § 1, 1976: Ord. 1631 § 1, 1975: Ord. 1170 § 7 (part), 1966). 5.34.050 Issuance of application for a permit the made of the applicant, his • Permit — Investigation. Upon receiving an City Manager shall cause an investigation to be business associates and employees, the type of (Nvwport Bench 7-15.77) 104 i,. TOOL, '1'ABIJ-7S, AMTISNMh1NT DEXICES 5.34.060-5.34.090 equipment proposed and the premises where the equipment is to be main- tained. If the City Manager determines that the applicant and the persons associated with him in the conduct of the business are of good moral character, that the equipment proposed to be used is not unlawful, that the granting of the permit at the location proposed will not be likely to interfere with the peace and quiet of the surrounding neighborhood or 'to result in unreasonable police problems, he shall issue a nontransferable permit. If the City Manager determines that the application does not satisfy the foregoing requirements, he shall deny the application. In granting such permits, the Qity Manager may limit the number of pieces of equipment which may be permitted and he may impose such conditions as he may deem necessary to insure that the maintenance and use of said equipment will be compatible with the public peace, health, safety and welfare. If the application is,denied, the applicant shall bev so advised in writing by certified mail directed to the address shown on the appli- cation or by personal service. Service shall be deemed complete upon deposit of the notice in the United Stales Post 0I'11ce directed to the appli- cant at his address on the application. (Ord. 1170 § 7(part); July 26, 1966). 5.34.060 Addition or Substitution of Aquipma•nl.. Whenever a per•- mittee intends to replace equipment mdhorizecl by an existing permit. with a new or different typo of equipment., he shall I'll(' a new application for such equipment, together with a fee of Twenty-five Dollars (.$2.5.00). (Ord. 1170 § 7(part); July 26,1966). 5.34.070 Permits Nontransf;crahle. Permits issued under this chapter are not transferable. Upon the sale, assignment or transfer of ownership or possession of any equipment for which a permit has been issued, the new owner, transferee or assignee shall be required to make application for and obtain a new permit before he may continue to keep or maintain said equipment, in any place of business open to the public.. (Ord. 1170 7(part) ; July 26, 1966). 5.34.080 Display of Permit Any permit issued under this chapter Shall at all times be posted and displalyed in a cunspic•uous place on the premises where the equipment coverod by the permit is located. (Ord. 1170 § 7(part) ; July 26,196(;). 5.34.09O Prohibited Conduef. In auq% estaIll ishnlent for which a per- init. has been granted the following conduct shall be prohibited: • (a) No gambling, belting' or waigcr•irlg of any kind shall he allowed su 1 nn ch promises. (h) No per:yon under the 11 o of twenty -ono (21) years shall he per- mitted to remain on any premises whar'e aleohofic hever'ages are sold. (e) Conduct offensive to public decency or morals or any activity 105 (N.rwp.n4 Kr:u'h 11/IS/ful , . s 0 • I' I 0 5.34.100-5.34.310 BUSINESS LICENSES AND REGULATIONS which disturbs the peace and quiet of the surrounding neighbors or the general public. (d) No intoxicated person shall be allowed to remain on such premises. The owner, manager, operator or other person in charge of the establishment for which a permit has liven issued shall be strictly re- sponsible for the enforcement of the foregoing regulations and shall not allow any person violating any regulation to remain on such premises or permit any habitual violator to enter such premises. The person in charge of the premises shall promptly report to the police department any fight, •brawl or other unlawful activities of which he has knowledge occurring on the premises. A copy of the foregoing regulations supplied by the City Manager shall be posted in a conspicuous place in each estab- lishment for which a permit has been issued. (Ord. 1170 § 7(part) ; July 26, 1966). .5.34.100 Revocation of permit. The City Manager may revoke any permit issued under the provisions of this chapter upon any one or more of the following grounds: (a) Said permit was procured by false st.atcrnent, misrepresenta- tion or nondisclosure of a material fact when such fact: would have con- st.ituted•good cause for denying (be I,pplicatiun for suOh permit. (b) The permittee has ceased to meet. any of the requirements for issuance of a permit. (c) Any failure on (he part: of the Owner, manager or other person in charge of the premises to enforce the regulations set, forth in Section 5.34.090 or to cooperate. with the police department by promptly reporting any fight, brawl or other unlawful ataivilics occurring on the premises. (d) The premises fur which the permit was issued is being operated in an illegal or disorderly manner. (c) Noise from Ill(' (alahlishonul fur• which the pl•r•mit was issued inlerl'eres with Iho peace and (p;iel of the n(•ighhurhuod. (f) The pvrmillve ur• :Illy person ;(ssuciated with him as principal or partner, or in a position ur c;rp;u•ity involving total or partial control over the establishntoul for d•hiCh rho permit was issued, has been con- victed of a (rintina) ol'f(•nse involving moral lurpiQ(dc. (Ord. 1170 i 7(part); July 26, 1966). • 5.34.110 Appeals frour Action of 04 Rlanagor. If an applicant is aggrieved by any action or failure to act upon the Part of the City Man- ager in issuint,. t'ailiug to issue. Or revoking anv permit under thts chapter, such applicant may appe:(l to the City Council by filing with the City Clerk a statement addressed In (hv City Council scttiug forth the facts and cirt:untst:urcvs rvg<uding the action ur f;lihu•v to act on the part of (NrwpnrL nrnrh 11/IG/rAn I .13 . HOTEL REGISTRATION 5.34.120-5.36.010 • the City Manager. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing his appeal. The City Council at its next regular meeting held not less than five (5) days from the date on which such appeal shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence and shall determine the merits of the appeal. The City Council may sustain, overrule or modify the action of the City Manager and the decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Post Office advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. (Ord. 1170 § 7 (part), 1966). 5.34.120 Review by City Council. The City Council may, on its own motion, hold a hearing for the purpose of reviewing any action or failure to act upon the part of the City Manager in issuing, failing to issue, or revoking any permit under this chapter. The City Clerk shall cause written notice of the time, place and purpose of the hearing to be sent to the applicant or permittee by registered mail at least five (5) days prior to the date set for the • hearing. After the conclusion of the hearing the City Council may sustain, overrule or modify the action of the City Manager and the decision of the City Council shall be final. (Ord. 1170 § 7 (part), 1966). 5.34.130 Permits and Fees Not Exclusive. Permits and fees required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. (Ord. 1170 § 7 (part), 1966). Chapter 5.36 HOTEL REGISTRATION Sections: 5.36.010 Registration Required. 5.36.020 Entry of Departure Time —Inspection. 5.36.030 Size and Form of Register and Cards —Retention of Records. 5.36.040 False Registering Prohibited. 5.36.010 Registration Required. Every person conducting any rooming house, lodging house, hotel, inn, motel, auto court, or any other similar place in the City, at all times shall keep and maintain therein a register or series of registration cards. The name and home street and town address of • each and every guest or person renting or occupying a room or rooms therein shall be inscribed with ink or indelible pencil in the register or on a registration card. Such register or registration card shall be signed by the 107 (Newport Beach 7-15.77) � C � 14 - • . • 5.36.020-5.36.040 BUSINESS LICENSES AND REGULATIONS person renting or occupying a room or rooms, and the proprietor or an agent lereof of such rooming house, lodging house, hotel, inn, motel, auto court, r any other similar place thereupon shall write opposite such name or � names so registered the number of each room assigned to be occupied by each such guest or person, together with the time when such room is rented, and until all of the aforesaid entries shall be made no guest or person shall be suffered or permitted to occupy any such room. (Ord. 926 (part), 1960: 1949 Code § 4213 (part)). 5.36.020 Entry of Departure Time — Inspection: When the occupant or occupants of such room so rented shall quit and surrender the same, it shall be the duty of the proprietor or an agent thereof to enter the time thereof as nearly as can be determined in such register or on such registration card opposite the name of such occupant or occupants. Erasures or alterations shall not be made for any purpose. Such register or all such registration cards shall be kept in the office of the person renting rooms aforesaid where the same shall be open to the inspection of any police officer of the City. (Ord. 926 (part), 1960: 1949 Code § 4213 (part)). 5.36.030 Size and Form of Register and Cards — Retention of Records. The register shall be permanently bound so that no sheet may be taken therefrom and shall be of the minimum size of 8 inches by 10 inches. The registration cards shall be numbered consecutively and shall be used in such quence; the numbers shall be printed or otherwise indelibly affixed to such rds, and such cards shall be of the minimum size of 21/2 inches by 4 inches; all such registration cards shall be retained for a minimum period of one year. (Ord. 1471 § 1, 1972: Ord. 926 (part), 1960: 1949 Code § 4213 (part)). 5.36.040 False Registering Prohibited. No person shall register at any rooming (louse, lodging house, hotel, inn, motel, auto court, or other place in the City under the name of any other person or of a fictitious person, or give or sign upon the register of any such place, any assumed, false or fictitious name, or any other name than the true or correct name of such person so registering or so giving or signing or musing his or her name to hn signed. (1949 Code § 4714a). Chapter 5.40 SOLICITING BUSINESSS Sections: 5.40.010 Definitions. 5.40.020 Throwing Handbills in Public Places. 5.40.030 Placing Handbills in Vehicles. 5.40.040 Distribution of Handbills on Private Premises. 5. Soliciting taxicab passengers —See Chapter 5.12. (Newport Beach 7-15.77) 108 J I' I.J THE NEWPORT ENSIGN June 17, 1981 The video games that have become controversial are a i background for Dante Vespignani, and visitors. i Staff photo by Ron stone Dante's Games Aren't Fun For Bal Neighbors by Roger Angle Dante Vespignani has become the center of a storm —or perhaps it should be called a racquetball game —of controversy over his laundromat on Balboa Island. Some parents, neighbors and members of the Balboa Island Improvement Associa- tion refer to Dante's Goldenwest Laundry and Dry Cleaning as a mess. Kids hang around there, they say, playing video skill games, spending their lunch money, missing their school buses, and being exposed to dope and drinking. The complaints have reached City Council, which will hold a hearing June 22 to determine if Dante should receive a permit to operate the video games. So far, his permit has been refused because of the complaints. Dante says the place, the kids and the games are not a problem, although he con - bodes that during the night hours of the laundry's 24- hour operation there isn't any supervision for the kids. People on the island love the hours, he says, because they can do their laundry anytime, 24 hours a day. And during the day, he says, the place is a second home for some kids. "Parents call me up and say, 'Dante, send my kid home.' They know where their kids are. They don't get in any trouble here," Dante says. Dante, who says he used to own Dante's Inferno, a gambling club in Las Vegas, says he never has had any complaints from parents or problems with the kids at his place. That isn't what some others say. That is why the controver- sy is like a racquetball game. You can't tell which way the ball is going to fly next. Visiting Dante islike avisit to (Continued on page 13) d 3 v00, .10 bU , w o pd .. ti1tsAq oOrd d o ro a ro yi1 ° al y, ty q p"w Al l .+ Mb; pp °' m o 00 00 W " T, q q 41 A ro .$9„ov ua' o Nv as .2U Ir rj o mpg mr o w 0 S nagA mwgw m b, a O ry p" m U al UN (d 'd 11 �oo P. to qUq y yH �0ro0E'S aUw N M U N p w ro ° ° 93 O°S .� 0 d o a, 1.0 O �,a,w tT:I b, m A d o o h m Q p.Ams.da W. .�a;ro.5H � c . a) idH^ yB4Ow Qdyaa �rocpId -S Q ra Q ?+A g-A A p qN o w 0 v roe. 0 o rn 1 I`ro35 83�r w� od0 o' " avv Q 0 °3 a)o y m ro a a."+ Q qq q U O a ,aro p° m g3aro goMQo q ro 2 d m H C g o A 0 M ogw ro a) "NN N Ox °' � 'a.°1A% bi roqm o ° 0 to o o ro q. .tt H °❑ m w o b W a W 0. m G ,q q :A m W .0 U U U V m 9 ry" 1U rU. U N x iy w op Q d ro 0 b,w 3 °' m.91 �' .8 , ° "Q v m mQ� > ° a ro w °'Sro0 'a ro� -ATA0 ° 0 w •b 1� •a 00oA ro`� o°'x a"� N m u �, 0 o a) v" .tl w a a, U UPQw ?✓ U, IMAA w " t3 �roro, y o '0'o p a, 0 A' m gro y W yN Upp S .OV, -I IMro tp d a) 0>.=N OAA W T'�o 0. a0t U Aw ro3�3'ai 0 .. z o aA ° 04 TY OF NEWPORT MACH C UNCIL ME B RS MINUTES yG�?' y9y�9�yy�Gy�� ROLL CALL FyG�y3F� June 8, 1981 INDEX 17. Removed from the Consent Calendar. 18. BUDGET AMENDMENTS: - For approval: BA-072, $50,965.34 transfer of Budget Appropriations Budget for Dover Drive Reconstruction and Resurfacing from Amendments Cliff Drive to Irvine Avenue, from Street Alley (25) Seal Coating. \ \ G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion �: 1. A letter from Paul D. Breithaupt regarding release Summit St All Ayes funds to accomplish remedial measures for Impvms reet, and a report from the Public Works (82) t regarding SUMMIT STREET IMPROVEMENTS, rred to June 22, 1981, in order to allow il time to view the site in question. \City Motion xcil Policy I-12, Ocean Front Street -End Cncl Policy All Ayes ats, was referred to the Parks, Beaches I-12 and Recreation Commission for report and recommen- dation, following consideration of a report from the Public Widrks Department on this subject. Motion x In addition to thgg foregoing action, the removal of Encroachmts/ Ayes x x x x unauthorized encroachments - OCEAN'FRONT END OF Fern St Noes x x x FERN STREET - was continued until a policy review (64) has been received from\hecParks, Beaches and Recreation Commission. Motion x 3. Following comments by I Member Strauss, M-O-U/NB All Ayes relative to the Memorandum of nderstanding with Police Assn Newport Beach Police Employees'ksociation, Resolu- R-10059 tion No. 10059 approving the Memo-ka�ndum of Under- C-2056 standing negotiated by representatives of the New- (38) port Beach Police Employees AssociatA and the City's representatives, was adopted; an% the staff was directed to include in the file, a cob r letter indicating that it was the preferenc of the police employees to take the PERS contributio in lieu of that percentage increase in salary, whi was also offered. Motion x 4. Following comments by Council Member Hummel, rela- asmine Crk All Ayes tive to JASMINE CREEK STORM DRAIN, PHASE 2 (C- St rm Drain 2181), the Negative Declaration of Environmental Pha 2 Impact was accepted; plans and specifications were C-218 approved; and the City Clerk was authorized to (38) advertise for bids to be opened at 11:00 a.m., June 30, 1981. Motion x 5. As recommended by the staff, the public hearing_on Vespignani All Ayes the APPEAL OF DANTE A. VESPIGNANI regarding denial_ .Bus Lic/ of Skill Game Permit, was scheduled for June 22, Appeal (27) 1981. Volume 35 - Page 159 PITY OF NEWPORT AACH C UN CIL ME B RS MINUTES ROLL CALLS s� June 8 1981 wrNev H. ORDINANCES FOR SECOND READING AND ADOPTION! 1. Ordinance No. 1880, being, 0-1880 AN ORDINANCE OF THE CITY OF NEWPORT BEACH CATV/Tele- AMENDING THE FRANCHISE OF TELEPROMPTER CORPO- prompter RATION BY ADDING TO THE FRANCHISE AREA THE (42) FORMER COUNTY TRIANGLE. (A report from the City Manager dated May 26, 1981) Motion x Ordinance No. 1880, was adopted. All Ayes 2. Ordinance No. 1881, being, 0-1881 AN ORDINANCE OF THE CITY OF NEWPORT BEACH Oceanfront AMENDING SECTION 12.52.060 OF THE NEWPORT Alley/one- BEACH MUNICIPAL CODE TO REMOVE THE "ONE-WAY" way trf DESIGNATION FOR THE OCEANFRONT ALLEY BETWEEN (82) 31ST AND 32ND STREETS. (A report from the Traffic Affairs Committee dated May 26, 1981) Motion x \Ordinance No. 1881, was adopted. All Ayes INUED BUSINESS: 1. APPO NTMENTS TO BOARD AND COMMISSION VACANCIES - Board/Comm (24) The as gnment of red and green lights was selected as the m thod of voting, and the following appoint- ments and reappointments were confirmed for four- year terms, ending June 30, 1985; BOARD OF LIBRARY TRUSTEES x x x x x Mary Richmo d was assigned the green light, x x and Deborah erberg was assigned the red light. Mary Richmond wa reappointed. x x x x x CITY ARTS COMMISSIO Bill Agee was assign the green light, and x x Patti -Gene Sampson was saigned the red light. Bill Agee was appointed to d Beryl Melinkoff. CIVIL SERVICE BOARD OF APP \red x x x Paul Wickman was assigned a light, and x x x x John Barry was assigned th$h\t. John Barry was appointed to succeed P ul Wickman. Volume 35 - Page 160 3ieCr� WOOLSEY, ANG•ELO & THATCHER LAWYERS ROY S. WOOLSEY JOSEPH ANGELO 2099 SAN JOAQUIN HILLS ROAD AREA CODE 714 640-OBOO ROBERT L.THATCHER NEWPORT CENTER JILL A. RICHTER NEWPORT BEACH, CALIFORNIA 92660 RECEIVED g CLERK it?CITY MAY 21 1981► -10 20 May Y /81 CITY OF NEWPORT BEACH, 1 4 CALIF, Newport Beach City Council 3300 Newport Blvd. Newport Beach, Calif. 92663 City Council - In accordance with the letter, dated May 15, 1981, which we received from David Larson with The City of Newport Beach, regarding a Mr. Dante A.• Vespig- • nani, we have been advised that we have the right to appeal the denial of our application to The City Council. We are appealing the denial of the permit and re- quest that the matter be set the first available date after August 1st. 1981, due to the fact that we need this time to evaluate and present the case to the council. Thank you. Very truly yours, Joseph P. Angelo • of Woolsey, Angelo & Thatcher Date �'12141 LTA/jme O R Bldg. Dir. ❑ GenSery Dir. ❑PB&RDir. ❑ Planning Dir. ❑ Police Chief P. Ir ,