HomeMy WebLinkAboutOrd 876-1981ORDINANCE NO. 876-81
AN URGENCY ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
PROHIBITING THE APPROVAL, ESTABLISHMENT OR ENLARGEMENT
OF ANY AMUSEMENT ARCADE AS DEFINED HEREIN DURING THE
PENDENCY OF STUDIES, AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS:
SECTION 1. SHORT TITLE.
This Ordinance shall be known and officially cited as the "Amusement
Arcade Moratorium Ordinance".
SECTION 2. DEFINITIONS.
For the purpose of this Ordinance, the following definitions shall
apply:
A. Amusement Arcade means any public place of amusement or public
place of business in which three or more coin operated amusement
devices are installed, and includes any place open to the public
whether or not the primary use of the premises is devoted to the
operation of such coin operated amusement devices.
B. Coin Operated Amusement Device means any device, machine, apparatus
or other instrument (including but not limited to electronic games, marble
games and pinball games) the operation or use of which is permitted, controlled
allowed or made possible by the deposit or placing of any coin, plate, disk,
slug or key into any slot, receptacle, crevice or other opening, or by the
payment of any fee or fees, for its use as a qame, or contest of any description,
or which may be used for any such qame or contest, and the use or possession
of which is not prohibited by any laws of the State of California.
C. Establishment means any of the following:
(1) The opening or commencement of any Amusement Arcade as
a new business; or
(2) The relocation of any Amusement Arcade; or
(3) The enlargement of any Amusement Arcade.
D. Enlargement means any increase in floor area occupied by an Amusement
Arcade after the effective date of this Ordinance or the addition of
coin operated amusement devices to increase the total number of such
devices on the premises after such date.
SECTION 3. MORATORIUM
Pursuant to Sections 36937 and 65858 of the Government Code, for four months
from the effective date of this Ordinance, the use of any building or portion thereof,
whether new or existing, as an Amusement Arcade shall not be established or enlarged,
and such establishment or enlargement shall not be approved by this City Council, any
Board, Commission, or Committee of the City, or any officer or employee of the City.
SECTION 4. NEED FOR URGENCY MEASURE.
The City Council makes the following findings and declarations:
A. The establishment or enlargement of the use of premises in the city as an
Amusement Arcade may be in conflict with contemplated zoning proposals which will be
studied by this City Council and the Planning Commission within a reasonable time.
B. The nature of the urgency is that the Zoning Ordinance and corresponding
sections of this City's Municipal Code allow such uses as permitted subject to the
use permit process without reference to specific zoning districts, without adequate
controls regarding whether and under what circumstances such uses should be allowed
in certain areas, and without due consideration for the peace and welfare of persons
residing adjacent to sites where such uses might be established or enlarged. The
establishment or enlargement of any such use without adequate standards of review
would be detrimental to the welfare of such persons and the City as a whole.
SECTION 5. PLANNING COMMISSION REPORT.
The City Council hereby refers to the Planning Commission the matter of
zoning regulation of Amusement Arcades. The Commission shall prepare a report
and recommendations to the City Council on these subjects prior to the expiration
of this Ordinance.
SECTION 6. URGENCY MEASURE.
This Ordinance is an urgency measure as contemplated in Sections 36937 and
65858 of the Government Code and shall take effect upon the date of adoption.
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause or phrase or this Ordinance is
for any reason held by a court of competent jurisdiction to be invalid or unconstitu-
tional, such decision shall not affect the validity or constitutionality of the
remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause
or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 8. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once as required by law in the Enterprise-
Journal, a newspaper of general circulation in the City of South San Francisco, and
shall take effect as an urgency measure immediately upon its adoption.
Passed and adopted as an urgency Ordinance of the City of South San
CENTRAL RECORDS
Francisco in accordance with Government Code Sections 36937 and 65858 at a
special meeting of the City Council of the City of South San Francisco
this 30thday of September , 1981, by the following vote:
AYES: Councilmembers Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos;
and Roberta Cerri Teglia
NOES: None
ABSENT: Councilman Ronald G. Acosta
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 30th day of September , 1981.
mayor