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
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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
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and quiet of the neighborhood, nor will such supervision render
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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
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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 ,