HomeMy WebLinkAboutOrd 899-1982ORDINANCE NO. 899-82
AN ORDINANCE REPEALING THE FORMER CHAPTER 6.44 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 636 ENTITLED "AN ORDI-
NANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING MECHANICAL
AMUSEMENT DEVICES AND PROVIDING FOR LICENSE FEES, PROHIBITING
ILLEGAL DEVICES AND PROVIDING PENALTIES" AND ADDING CHAPTER 6.44
ENTITLED "COIN OPERATED AMUSEMENT DEVICES REGULATED"
FOLLOWS:
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
SECTION 1. CHAPTER 6.44 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO. 636 REPEALED
Chapter 6.44 of the South San Francisco Municipal Code and Ordinance No.
636 entitled "An Ordinance of the City of South San Francisco Regulating Mechan-
ical Amusement Devices and providing for License Fees, Prohibiting Illegal Devices
and Providing Penalties" are hereby repealed, except that this repeal shall not
affect or prevent the prosecution or punishment of any person for any act done
or omitted in violation of said Chapter or Ordinance prior to the effective date
of this Ordinance.
SECTION 2.
CHAPTER 6.44 ENTITLED "COIN OPERATED AMUSEMENT DEVICES
REGULATED" ADDED
There is hereby added to the South San Francisco Municipal Code Chapter
6.44 which shall read as follows:
"Chapter 6.44
COIN OPERATED AMUSEMENT DEVICES REGULATED
Sections:
6.44.010 General Prohibition
6.44.~020 Amusement Arcades - Use Permit Required
6.44,.030
6.44.040
6.44.050
6.44..060
6.44..070
6.44-080
6.44..090
Definitions
Illegal Devices
Use Permit to Operate Amusement Arcade - Investigation
Report by Chief of Police
Business License Fee
Prohibiting one-ball and other devices
Unlawful acts
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6.44.100 Seizure
6.44-110 Forfeiture of fees
6.44~.120 Penalty for violation
6.44.010 General prohibition. It is unlawful for any person, for him-
self or any other person, firm or corporation to distribute, operate, install or
maintain, or allow to be distributed, operated, maintained or installed, any coin
operated amusement device in a manner prohibited by this chapter or without having
first obtained a business license as required by Chapters 6.04 through 6.16.
6.44.020 Amusement Arcades - Use Permit Required. It is unlawful for
any person to operate or maintain or allow to be operated and maintained, any
amusement arcade, as defined elsewhere herein, in violation'of any provision
of this chapter or without having first obtained a Use Permit as required by this
Chapter and Title 20 of this Code.
6.44.030 Definitions. For the purpose of this chapter, the following
words and terms shall be deemed to mean and be construed as follows:
A. "Amusement Arcade" means any public place of amusement or public
place of business in which%hreeor 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. "Distributor" means any person who, as owner, agent, employee
or otherwise, distributes, places, installs or delivers a coin operated amuse-
ment device or devices to any premises in the City, or who keeps or stores
within the City any such coin operated amusement device or devices for the
purpose of distributing, placing, installing or delivering the same.
C. "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 of which is permitted, controlled,
allowed or made possible by the deposit or placing of any coin, plate, disk,
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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 game or contest of any descrip-
tion, or which may be used for any such game or contest, and the use or
possession of which is not prohibited by any laws of the State of California.
D. "Operator" means any person who, as owner, lessee, employee,
agent or otherwise, operates, installs, keeps, maintains, permits or allows to
be operated, installed or maintained, any coin operated amusement device in or
upon any premises owned, leased, managed, operated or controlled by such person
within the City.
E. "Person" means any individual, firm, partnership, corporation
or other association.
6.44.040 Illegal devices.
A. Nothing in this chapter shall be construed to permit the
licensing, maintenance, distribution or operation of any coin operated device
or apparatus which is contrary to any of the laws of the state or of this City;
nor to permit the operation of any coin operated amusement device regulated
hereunder in such a manner as to be contrary to any of said laws.
B. Any coin operated amusement device operated in violation of
the terms of this chapter may be seized and held by the Chief of Police.
6.44.050 Use Permit to Operate Amusement Arcade-Investigation.
Every person desiring to establish or operate an amusement arcade in this City
shall make a written application for a Use Permit as required by Title 20 of
this Code. In addition to the fees required by Title 20, such application
shall be accompanied by a non-refundable processing fee as set by Resolution
of the City Council, shall be verified, and shall contain the following informa-
tion:
A. Name and address of applicant and all persons financially
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interested in the operation or distribution of the coin operated amusement
devices;
B.
C.
Date and place of birth of applicant;
Applications shall state the address of the business and the
place within the business where the device(s) are to be installed and operated,
together with the number of devices to be installed and operated in the
establishment; also, if applicable, a brief description of the principal pro-
duct or type of product sold or service rendered at the premises upon which the
devices are to be operated or maintained;
D. Whether applicant is a citizen of the United States;
E. Whether applicant has ever been convicted of a crime, and if
so, the nature of the offense.
F. A statement that the device or devices for which permits are
sought are not intended to be and will not be permitted to be used for any
gambling purposes whatsoever; and
G. The nature of applicant's interest in or title to the device
or devices for which the permit is sought.
Upon receipt of application for a Use Permit to operate an Amusement
Arcade, the Director of Community Development shall cause said application to
be processed as a Use Permit in accordance with the provisions of Title 20 of
this Code. In addition, the Director of Community Development shall forward
said application to the Chief of Police who shall conduct such investigation
as he may deem necessary into the character of the applicant and persons
financially interested in the amusement arcade or the machines or devices which
are subject of the application.
The above required non-refundable processing fee shall be used solely
to defray the costs of the police investigation required herein.
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6.44.060 Report by Chief of Police. The Chief of Police shall report
to the Planning Commission regarding the results of the investigation conducted
pursuant to Section 6.44.050 and shall include in his report a recommendation
to deny or approve said Use Permit and the specific reasons for that recommendation.
Said report shall be considered by the Planning Commission in reaching a decision
to issue or not to issue a Use Permit.
6.44.070 Business license fee. Prior to the issuance of said Use
Permit, business license fees shall be paid in accordance with the applicable
provisions of Chapters 6.04 and 6.16.
6.44.080 Prohibiting one-ball and other devices. No permit shall be
issued to any applicant relating to any coin operated amusement device, which
for each coin, slug or token inserted makes available to the player, for actual
play, only one ball, marble or electronic symbol, nor shall any permit be issued
to any applicant relating to any coin operated amusement device which, in order
to extend play in the current game, permits or is adapted to the insertion of
additional coins, slugs or tokens during the playing of or before the completion
of the game for which the original coin, slug or token was inserted in the device,
and it is unlawful for any person to maintain or operate or allow such machines
to be maintained or operated.
6.44.090 Unlawful acts.
A. No award, payoff or delivery of anything of value, or represent-
ing, or exchangeable, or redeemable for anything of value, shall be made in any
contest, tournament, league or individual play on any coin operated amusement
device; and it is unlawful for any permittee hereunder or any owner or operator
of a coin operated amusement device to cause, permit or allow same.
B. No person, including operators as defined herein, and their
employees or agents, shall allow any minor under eighteen years of age to play
or use a coin operated amusement device during the academic year of the South
San Francisco Unified School District between the hours of 7:00 a.m. and 3:00 p.m.,
except during holidays of that District, and on Saturday and Sunday.
6.44.100 Seizure. Any coin operated amusement device installed,
operated or maintained upon premises or establishments without receipt of a Use
Permit and/or a business license as provided for in this chapter may be seized
and held by the Chief of Police until the operator and/or distributor is properly
in receipt of a Use Permit and/or. BusinesS License.
6.44.110 Forfeiture of fees. Any person who uses or permits the use
of a coin operated amusement device for any unlawful purpose or in violation of
any provision of this chapter shall forfeit any and all Use Permits and/or
Business Licenses authorizing the operation and/or distribution of coin operated
amusement devices in this City, and related permits or business license fees
paid by such ho. lder to the City.
6.44.120 Penalty for violation. In additionto the penalty provided in
Section 6.44.110, any person violating any of the provisions of this chapter is
guilty of a misdemeanor and upon conviction such person shall be punished as
provided in Chapter 1.24 of this Code.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance
is for any reason held to be invalid or unconstitutional, 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 4. PUBLICATION AND EFFECTIVE DATE.
This Ordinance shall be published once in the "Enterprise-Journal", a
newspaper of general circulation in the City of South San Francisco, as required
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by law, and shall become effective thirty (30) days from and after its adoption.
Introduced this 2nd
day of June , 1982.
Passed and adopted as an Ordinance of the City of South San Francisco at
a regular meeting of the City Council of the City of South
San Francisco by the following vote:
AYES: Councilmembers Ronald G. Acosta, Emanuele N. Damonte, Gus Nico!op~los
NOES:
ABSENT:
and Roberta Cerri Teglia
None
Mark N. Addiego
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 16th day of June , 1982.
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