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HomeMy WebLinkAbout82-13 - Amending Title 5 and 20 of the Newport Beach Municipal Code to Regulate Electronic Video Game MachinesNO. 82 -13 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 5 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REGULATE ELECTRONIC VIDEO GAME MACHINES The City Council of the City of Newport Beach finds and declares as follows: WHEREAS, electronic video game machines are becoming more wide - spread in the City of Newport Beach, are being install- ed in commercial establishments whose primary business is un- related to the video games and there is an increasing number of • video games being installed within a single location; and WHEREAS, the installation of video games, within a business, can have an adverse impact on the community because of increased traffic congestion, increased noise, reduced access to commercial establishments, reduced parking opportunities, increased litter and other adverse impacts which impact on the health, safety and general welfare of the community; and WHEREAS, regulation of the installation, maintenance and operation of video games within commercial establishments is necessary to ensure that the adverse impacts on the health, safe- ty and welfare of the community are minimized, and existing regu- lations and standards are inadequate to accomplish these goals. NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: • Section 1. Section 5.34.010 of the Newport Beach Muni- cipal Code shall be amended to read as follows: 5.34.010 Definitions. For the purpose of this chap- ter, the following words or terms, shall be defined as follows: DEVICE. The term "amusement device" shall mean any machine, electronic video game, 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, electronic video game or device known as a pin game, pinball machine, one -shot marble game, horse race machine, claw, scoop or grab machine, rotary machine, shuffle- board game, ski ball game, skill game, and all games and • activities 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. Amusement device shall include electronic video game machines which are defined as any electronic or mechanical device which upon insertion of a coin, slug, or token in any slot or receptacle attached to the device or connected therewith, operat- es, or which may be operated for use as a game, contest, or amusement to the exercise of skill or chance. 0 2 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 played. EQUIPMENT. The term "equipment" shall mean one or more pool tables 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. Section 2. Section 5.34.130 shall be amended to read as follows: 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. It shall be unlawful to install, maintain or operate one or more electronic video game machines within any business or structure located within the City of Newport Beach without first • securing a Use Permit pursuant to the provisions of Chapters 20.75 and 20.80 of the Newport Beach Municipal Code, unless the installation, maintenance or operation of those machines is ex- pressly exempted by virtue of the provisions Chapter 20.75 of the Newport Beach Municipal Code. Section 3, Chapter 20.75 is added to the Newport Beach Municipal Code to read as follows: Section 20.75.010 - Intent - The City Council of the City of Newport Beach finds that electronic video game machines are becoming more wide- spread in the City of Newport Beach, are being installed in commercial establishments whose primary busi- ness is unrelated to the video games and there is an increasing number of video games being installed within a single location; • 3 and the installation of video games, within a business, can have • an adverse impact on the community because of increased traffic congestion, increased noise, reduced access to commercial estab- lishments, reduced parking opportunities, increased litter and other adverse impacts which impact on the health, safety and general welfare of the community; and regulation of the instal- lation, maintenance and operation of video games within commer- cial establishments is necessary to ensure that the adverse im- pacts on the health, safety and welfare of the community are minimized, and existing regulations and standards are inadequate to accomplish these goals. The City Council of the City of Newport Beach further finds that a requirement that businesses containing one or more electronic video games be separated from residential areas by a buffer zone, will tend to mitigate, and possibly avoid, the ad- verse impacts associated with the installation, operation and maintenance of these video game machines. Section 20.75.015 - Definition - The term electronic video game shall include any coin operated electrical device, which, by means of a video tube or similar instrument, reproduces symbolic figures and lines on a screen which are intended to be representative of real games, activities or events, and which are operated with the object of amusement, competition or the attain- ment of a score which demonstrates relative skill or competence. Section 20.75.020 - Use Permit Required - A business or structure within which one or more video games are installed, operated or maintained, may be permitted in the A -P, C -N, C -R, C- 0, C -1, C -2, M -1, M -1 -A, P -C, 0 -S and U zoning districts, subject to first securing a Use Permit in each case. 0 4 Section 20.75.030 - Development Standards - The follow- ing development standards and regulations shall apply to all businesses or structures containing one or more electronic video games and shall be imposed as conditions upon any Use Permit granted by the Planning Commission or by the City Council on appeal for any such establishment. Further, the Planning Commis- sion or City Council may require that any Use Permit granted shall be subject to review within a period of time as may be specified by the Planning Commission or City Council, at which time consideration shall be given as to whether there has been compliance with the conditions of the Use Permit and whether there has been no adverse impact on the health, safety or welfare of persons who live or work in the neighborhood. 1. All electronic video game machines within the busi- ness or structure shall be visible to, and supervised by, an isadult attendant. The attendant shall be present at all times that electronic video game machines are available for use; 2. The supervision and management of the business or structure shall be sufficient to ensure that the conditions of the Use Permit are satisfied at all times, and that there is no conduct on or off the premises that is detrimental to the public health, safety or welfare; 3. No person under the age of 18 years shall be per- mitted to operate an electronic video game before 3:00 p.m., Monday through Friday, and after 10:00 p.m. daily, unless accom- panied by a parent or guardian. This restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Newport Beach. It shall be the 5 responsibility of the Use Permittee and the adult attendant to • ensure that these restrictions are enforced; 4. In the event that food is dispensed on the premises adequate waste receptacles shall be located in the vicinity of the video game machines; 5. The Use Permittee must provide accessible and ade- quate off - street parking facilities for automobiles, bicycles, skateboards and other means of transportation, as well as such storage facilities as are deemed necessary to prevent an accumulation of bicycles, skateboards and other objects on public property. The Use Permittee must provide adequate bicycle park- ing spaces on -site for 50 percent of the patrons (one bicycle parking space per two video game machines). The actual number of bicycle parking spaces shall be determined through the occupancy load and the number of machines for each establishment, through the Use Permit process; 6. The Use Permittee must advise the Planning Director of any change in the circumstances pursuant to which the business is conducted, including but not limited to a change in ownership that might have a material impact on the nature and /or intensity of the use permitted. The Planning Director, in his or her discretion, may refer the matter to the Planning Commission and the Planning Commission, in its discretion, may impose additional conditions necessary to maintain the general health, safety or welfare, or if the Planning Commission finds that the imposition of conditions will not mitigate the adverse impact created by the change in circumstances, may revoke the Use Permit pursuant to the provisions of Chapter 20.80 of the Newport Beach Municipal 0 6 Code. The failure of a Permitee to advise the Planning Director • of any material change in circumstance shall be grounds for revo- cation, or the imposition of additional conditions by the Plann- ing Commission, or the City Council on appeal; and 7. No business or structure containing one or more electronic video game machines shall be permitted within 1,500 feet of any public or private educational institution, nor within 100 feet of any residence. Section 20.75.040 - Son- Conforming Use /Amortization - Any business or structure containing one or more electronic video game machines, as defined herein, in existence and lawfully operating as of the effective date of this Ordinance, shall be exempt from the requirements of this Chapter, for a period of three months, and any such business or structure shall, within three months from the effective date of this Ordinance, either • obtain a Use Permit pursuant to this Chapter, or terminate the non - conforming use. Section 20.75.050 - Modification or Waiver of Development Standards - The Planning Commission shall have the right to modify or waive one or more of the development stan- dards, if a finding is made that the modification or waiver of the standard. will have no greater adverse impact on adjacent properties or structures than strict compliance with the develop- ment standard. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effec- tive thirty (30) days after the date of its adoption. 0 7 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the • day of July 26 , 1982, and was adopted on the 9th day of August , 1982, by the following vote, to wit: 0 AATTTE City Clerk O6A- Video - 071582 AYES, COUNCIL MEMBERS Heather, Hart, Maurer, Strauss, Plummer Hummel NOES, COUNCIL MEMBERS Cox ABSENT COUNCIL MEMBERS None 8