HomeMy WebLinkAboutAgenda Statement 1983/11/22 Item 21 COUNCIL AGENDA STATEMENT
Item r5;—&a 42 /
Meeting Date 11/ 83
ITEM TITLE: Public Hearing: Consideration of various amendments to the
Municipal Code relating to amusement facilities and games
Ordinance 2.-e9L9--- ' Amending Sections 19.04.013 and
19.58.040 relating to amusementSECON.lDities and AND ADOPTION
SUBMITTED BY: Director of Planning (tot/5ttVhs READING
Yes No x )
REVIEWED BY: City M ger
This item was continued from the City Council meeting of October 18, 1983, in
order that items discussed at the meeting could be incorporated into the
proposed amendment. This included the following:
1. Allow children to play during school hours when accompanied by an adult 21
years of age or older; and
2. Definition for "normal school hours".
RECOMMENDATION: That Council adopt an ordinance amending the Municipal Code
-m relating to amusement facilities and games as shown on attached Exhibits "A"
and "B" , except that staff recommends deleting paragraph 5 on page 2 of
Exhibit "B" establishing regulation of 3 or fewer video game machines.
BOARDS/COMMISSIONS RECOMMENDATION: See attached report of October 18, 1983.
DISCUSSION:
The provision to allow for game play by minors during school hours when
accompanied by an adult has been incorporated into the proposed amendment and
is reflected for both amusement facilities and amusement accessory uses.
The school districts were contacted to determine their "normal school hours" .
The Elementary School District has a number of "year round schools" (9 weeks
of school and 3 weeks off) as well as schools which are based on the more
traditional school year. The result of those two concepts is that, except for
a brief period of time (about 3 weeks) , it is quite possible for some children
to be legitimately out of school while others are required to be in school.
The school day for Chula Vista Elementary Schools begins at 8:00 a.m. and ends
at 3:15 p.m. Junior highs are from 7:40 a.m. until 3:15 p.m. and high scho ,
are from 7:30 a.m. until 2:20 p.m. Private schools vary, but essentially h ve
hours from 8:00 a.m. to 2:50 p.m. Therefore, the normal school hours are f om
7:30 a.m. until 3:15 p.m, to cover all schools. ) A"
The Director of Public Safety (Chief Winters) has indicated that the term
"normal school hours", while not specifically defined, is still enforce b1:\
and would not pose a problem for peace officers.
FISCAL IMPACT: None. ra
AL:fp
WPC 0575P •
k ��. '._ _ . �
EXHIBIT "A"
Chapter 19.04
DEFINITIONS
Add new section 19.04.013 to read as follows:
Section 19.04.013 Amusement facilities
"Amusement facility" means a place of amusement or entertainment wherein are
found games, rides (animal or mechanical) , coin or token operated machines or
devices (e.g. video and pinball) , shooting galleries, movies or entertainment
machines and other games of skill or chance offered to the public. This
definition does not include vending, photocopying laminating and photo
machines.
A. "Amusement arcade or center" means a facility wherein are found
games, coin or token operated machines or devices (e.g. video and
pinball machines) of skill, chance or entertainment offered to the
public.
B. "Amusement park" means an amusement facility encompassing several
acres of land and may include other commercial activities such as
restaurants, retail stores and services.
C. "Amusement games or machines as accessory uses" means not more than
three coin or token operated machines, rides or devices (e.g. video,
pinball, mechanized rides and other electronic games) within any
commercial retail or service establishment and provided they do not
constitute more than five percent (5%) of the floor area of the
establishment.
EXHIBIT "B"
Chapter 19.58
USES
Delete Section 19.58.040 "Amusement center, bowling alley, dance, etc." and
replace with the following:
Section 19.58.040 Amusement and entertainment facilities
Amusement and entertainment facilities such as bowling alleys, dance halls,
amusement parks and other similar recreational facilities shall be subject to
the following development standards:
1 . All structures shall maintain a minimum setback of twenty feet (20' ) from
any residential zone;
2. Ingress and egress from the site shall be designed so as to minimuze
traffic congestion and hazards;
3. Adequate controls or measures shall be taken to prevent offensive noise
and vibration from any indoor or outdoor activity onto adjacent
properties; or uses;
4. Amusement arcades or centers shall also be subject to the following:
a. Game play (except mechanical rides) by minors is prohibited during
normal school hours 7:30 a.m. and 3:00 p.m.* and between the hours of
10:00 p.m. and 6:00 a.m. prior to a school day, except when
accompanied by an adult 21 years of age or older;
b. There shall be adult supervision (persons 18 years of age or older)
at all times;
c. A bicycle rack for at least ten bicycles shall be provided at or near
the main entrance into the establishment;
d. No alcoholic beverages shall be sold or consumed on the premises,
except in those instances where a restaurant in conjunction with said
use has been approved through the conditional use permit process;
e. At least one public restroom shall be provided on the premises; and
f. The license for the game/s shall be displayed on the premises.
The Planning Commission has the right to impose additional standards or waive
any of the above standards on the finding that said standard/s are or are not
necessary to protect the public health, safety and general welfare.
All existing establishments with four or more amusement games which are
operating without a conditional use permit must apply for such within 120 days
from the adoption of this provision. The application will be processed by the
Zoning Administrator.
O.,
"'" 5. Amusement games as accessory uses (fewer than 4 game machines) shall be
subject to the following:
a. Except for mechanical rides, all amusement games shall be located
within the establishment;
b. Adult supervision (persons 18 years of age or older) shall be
provided at all times;
c. Game play (excepting mechanical rides) by minors is prohibited during
normal school hours 7:30 a.m. and 3:00 p.m.* and between the hours of
10:00 p.m. and 6:00 a.m. prior to a school day, except when
accompanied by an adult 21 years of age or older;
d. Game play by minors is prohibited in liquor stores; and
e. A zoning permit shall be obtained from the Planning Department and a
business license issued by the Finance Department prior to the
installation of any amusement game.
f. The license for the game/s shall be displayed on the premises.
The Zoning Administrator may modify or waive any of the above regulations upon
a determination that the provision is being satisfied by another acceptable
means.
Any violation of the above regulations which has been substantiated shall be
sufficient grounds for the Zoning Administrator to revoke the zoning permit
and removal of the games from the premises.
*NOTE: Game play during normal school hours will be allowed if verification of
holiday or year round school schedule is presented to the operator.
WPC 0328P
V