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Ordinance No. 557 - Regulations for Arcades• ORDINANCE NO. 557 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ESTABLISHING RULES AND REGULATIONS FOR THE ESTABLISHMENT OF ARCADES • THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1: STATEMENT OF LEGISLATIVE PURPOSE. The pur- pose o this Ordinance is to provide criteria to safeguard property, safety, morals and the public welfare, by regulat- ing and controlling the issuance of licenses or permits for the operation of arcade establishments and devices. It is the intent of the Council to minimize any detrimental effects upon both residential and commercial neighborhoods while simultaneously permitting arcades in locations and upon con- ditions which prevent their creating burdens upon surrounding uses. Section 2: Section 9184(A) through 9184(A).5 are hereby enacted and made a part of the Rosemead Municipal Code to read as follows: "Sec. 9184(A) Definitions. For the purpose of this Chapter, the following terms are defined as follows: a. Arcade establishment. Any place of business containing four (4) or more arcade devices. b. Arcade devices. All devices commonly known as "pinball machines", all "video games", games of skill of whatever kind or nature, whether electronically activated or not. As used herein, arcade device shall not include the following: • 1. Coin-operated billiard tables for which a permit is required. 2. Vending machines which dispense a product. 3. Player pianos. Sec. 9184(A).1 Conditional Use Permit Required. No person shall operate an arcade establishment in the City of Rosemead without first obtaining, in addition to all other licenses and permits required by this code, a Conditional Use Permit for such use in the manner pro- vided for in the Zoning Code of the City of Rosemead. Pursuant to section 9181(29), game arcades may only be I-I I•-B located in Zones CBD, C-3 and M-1. Any person lawfully operating a game arcade as of the date of adoption of this Section shall be permitted to operate without such Conditional Use Permit until December 31, 1982, pro- viding all other licenses and permits have been lawfully issued for all of the games contained therein. All arcades, except those with valid Conditional Use Permits as required by this Chapter shall become nonconforming uses as defined by this Code and must be abated by December 31, 1982. Sec. 9184(A).2. Mandatory Conditions. All Condi- tional Use Permits for the use of operating an arcade shall include the following mandatory conditions. Addi- tional conditions may be imposed at the discretion of the Planning Commission or City Council: a. Interior location and arrangement: 1. Game machines shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building. Where machines are located along one side of an aisle said aisle shall be a minimum of 66 inches in width and shall be unobstructed. When machines are located on both sides of an aisle, the aisle shall not be less than 90 inches in width and shall be unobstructed. 2. The maximum number of machines in any arcade shall not exceed one machine for every 25 square feet of gross floor area allotted to the arcade operations. 3. No machine may be located within 10 feet of an entrance. b. Lighting: All entrances and interior areas shall be adequately lighted. A lighting plan shall be approved by the Building Department prior to the commencement of such business. C. Lavatories: Each game arcade shall pro- vide a minimum of two (2) toilet and lavatory facilities accessible.to customers, employees and business invitees. d. Hours of Operation: No game arcade shall be open for business except between the hours of 10 a.m. and 10 p.m. on Sundays through Thursday; and between the hours of 10 a.m. and 12 midnight on Fridays and Saturdays. Hours must be posted in a conspicuous place. 2 • • 0 e. Attendants and Securit Guards: Arcades shall provi a fu time adult supervision as follows: 1. 1-9 machines 1 attendant 2. 10-18 machines 2 attendants 3. 19-30 machines 3 attendants plus security guard 4. 31 or more machines 1 attendant for each 10 machines plus 1 security guard for each 20 machines, orsfraction thereof). Additional supervision may be imposed as a condi- tion of any permit. Both attendants and security guards are subject to approval of the Los Angeles County Sheriff's Department License Detail and must be 21 years of age or more and demonstrate an absence of criminal convictions involving gambling, minors, or breach of the public peace in the five (5) year period preceding their employment at the arcade establishment. The Sheriffs Department may require the submission of fingerprint cards as part of the application process. Each person so employed must be approved prior to commencing employment. f. Noise Control Conditions: The following noise control conditions shall not apply to mixed uses within a single building occupancy. 1. Wall Separation - The arcade shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least 56, per American Society of Testing and Materials (ASTM) designations E-90 or E-336, and E-413. 2. Intrusive Noise - The operation of • the arcade shall be conducted in a manner so that the intrusive sound level in adjacent occupiable areas shall not exceed the follow- ing noise standards for the cumulative periods. Cumulative period of 30 minutes in any hour, 45 ~b_A Cumulative period of 15 minutes in any hour 50Cd_p,_ A_~:) Cumulativ_e period of 5 minutes in any hour, 55 b_A~; Cumulative period of 1 minute in any hour, 60(d b A__) 3. Ambient Sound Level - If the ambient sound level within the adjacent area exceeds the applicable standard for the cumulative period specified above, the applicable standard for that perid shall be the ambient sound level. 4. Pure or Impulsive Noise - if the source of noise emits a pure or impulsive noise, the noise standard for the applicable period shall be reduced by five (5) decibels. g. Bicycle racks: Shall be provided within 25 feet of any game arcade and must provide a total of at least two bicycle stalls for every four games located within the arcade. Bicycle racks shall not be located in any required landscaped areas, en- trances, exits, walkways to building, driveways, within any legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises. h. Alcoholic Beverages and Smoking: A person shall not enter, be or.remain in any part of a game area while in the possession of, con- suming, using or under the influence of any alcoholic beverage or drugs. No licensee, manager or supervisory employee shall permit any such • person to enter or remain in the arcade area. Smoking and the sale of tobacco products within the game arcade area shall be prohibited. A sign shall be posted inside the arcade area stating in letters at least 2 inches high: "NO SMOKING" "NO CONSUMPTION OF ALCOHOLIC BEVERAGES". Sec. 9184(A).3. Permit Duration. No Conditional Use Permit for a game arcade shall be granted for a period longer than two (2) years, and may be extended for additional periods of not to exceed two (2) years by the granting body without a hearing. Sec. 9184(A).4. Additional Considerations and Conditions. During its review of an application for an arcade conditional use permit, the Planning Commission or City Council shall also • specifically review the compatibility of the proposed arcade with accessory or principal uses on the same premises. The Commission or City Council shall also review the proposed premises as to exterior visibility for security purposes. The Planning Commission and/or City Council may impose any additional conditions upon the granting of any such Conditional Use Permit, which it determines are necessary or desirable to effectuate the purposes set.forth in this Ordinance. 4 Section 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or work of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such de- cision shall not affect the validity of the remaining por- tions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, sub- section, sentence, clause, phrase and word thereof, regard- less of the fact that any one or more sections, subsections, sentences, clauses, phrases or words be declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 25th day of January , 1983. ATTEST: CITY CLERK L 5