Loading...
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