01-22-2002 - Code Amendment #01-01 - Game Arcades. City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council
ITEM NO. B-1
FROM: Douglas N. McIsaac, Planning Director DATE January 22, 2002
SUBJECT: CODE AMENDMENT NO.01-01
GAME ARCADES
SUMMARY: The proposed code amendment consists of certain amendments to Chapter 26
(Zoning) and Chapter 5 (Amusements) of the West Covina Municipal Code
related to game arcades.
BACKGROUND:
On May 8, 2001, the Planning Commission held a study session to consider options for
amending the Zoning Code with respect to game arcades. This was in response to concerns
expressed by the Planning Commission that the current regulations regarding game arcades
are too stringent and should be amended. On August 14, 2001, the Planning Commission
recommended approval of Code Amendment No. 01-01 to generally make the Zoning Code
regulations regarding game arcades less restrictive.
The City Council reviewed the Code Amendment on November 6, 2001. At that meeting, the
consensus of the, Council was that some of the revisions proposed by the Planning
Commission removed safeguards that would help to prevent problems from occurring with
the operation of game arcades. The Council referred the code amendment back to the
Planning Commission for further consideration. The Planning Commission reviewed the item
at their meeting of December 11, 2001 and modified some of its previous recommendations.
On January 8, 2002, the City Council again reviewed the proposed code amendment.
DISCUSSION:
On January 8, 2002, the City Council voted 4-0 (Councilmember Touhey abstaining) to make
three changes to the proposed code amendment. These are as follows:
■ Retain the current standards related to the number of arcade games permitted for
accessory use game arcades pursuant to certain permits — i.e. a conditional use permit
required for 4 or more games and no permit required for 3 or less games. This is in
difference to the Planning Commission recommendation of a conditional use permit
for 16 or more games, an administrative use permit for 7 to 15 games, and no permit
for 6 or less games.
■ Retain the current code requirement stating "no admittance of juveniles under sixteen
(16) years of age until 1:30 p.m. except on Saturday, Sunday holidays and school
vacations."
■ Retain the current code requirement stating "no one under twelve (12) years of age
admitted unless supervised by an adult."
The changes listed above have been incorporated into the draft ordinance attached to this
report. All of the other provisions of the proposed code amendment are the same as
recommended by the Planning Commission.
A question was also raised as to what form of identification the City would accept to prove
the age of a person under the age of 12 years. The Department of Motor Vehicles can issue a
picture identification card to minors, but that is not a common occurrence. Some minors may
carry a school identification card that may state a grade level, which may provide some
indication of age, but not proof of age.
For the purposes of enforcing this provision of the code, arcade operators would be expected
to utilize reasonable discretion in questioning the age of minors and requesting unescorted
minors under the age of 12 to leave the premises.
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Code Amendment No. 0
Game Arcades
January 22, 2002- Page2
RECOMMENDATION:
It is recommended that the City Council introduce the following ordinance:
�a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 5 (AMUSEMENTS)
AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL
CODE RELATED TO "GAME ARCADES" (CODE AMENDMENT
NO.01-01)
Prepared by:
Reviewed and approved by:
ZfAnderson
Planner Douglas
Planning
ZACase Files\CODE AMEND\2001\01-01\CC\Staff Rpt.CC1.22.doc
•
•
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 5 (AMUSEMENTS)
AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL
CODE RELATED TO "GAME ARCADES" (CODE AMENDMENT NO.
01-01)
WHEREAS, Code Amendment No. 01-01 is a City -initiated code amendment related to
game arcades; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14th
day of August, 2001, conduct a duly advertised public hearing as prescribed by law, at which
time the Planning Commission adopted Resolution No. 01-4689 recommending to the City
Council approval of Code Amendment No. 01-01; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 2"d day of October, 2001 and the 6th day of November, 2001; and
WHEREAS, the City Council referred the code amendment back to the Planning
Commission, for further consideration on the 6`h day of November, 2001; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 11 th
day of December, 2001, conduct a duly advertised public hearing as prescribed by law, at which
time the Planning Commission adopted Resolution No. 01-4706 recommending to the City
Council approval of Code Amendment No. 01-01; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 8`h day of January, 2002 and the 22"d day of January, 2002; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. The City of West Covina currently allows for Game Arcades to be operated in the City as
either a main use or an accessory to another use. A main use requires a conditional use
permit. An accessory use with four or more games also requires a conditional use permit.
2. Due to the nature of the business of game arcades, Chapter 5 and Chapter 26 of the West
Covina Municipal Code (Zoning) should be amended to allow for more flexibility by the
business owner in hiring employees and monitoring arcade games.
3. The code should also be amended to eliminate control measures that place a burden on
the business owner.
4. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not
have the potential for causing a significant effect on the environment.
NOW, THERFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment
No. 01-01 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
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r
Ordinance No.
Code Amendment No. 0 1 -0 1
Game Arcades
January 8, 2002 - Page 2
SECTION NO. 2: The proposed action is considered to be exempt from the provisions of
the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 5
and Chapter 26 of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED on this 22nd day of January 2002.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 22nd day of January 2002. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the day of
2002.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
ZACase Files\CODE AMEND\2001\01-01\CC\Ordinance.1.22.doc
EXHIBIT A
CHAPTER 5 AMUSEMENTS
DIVISION 2. PERMIT
Sec.5-82. Required.
(a) No person shall keep/maintain or possess in his place of business one or more
games of skill and science or allow the operation, maintenance, conduct or carrying on of
any game of skill and science without having first obtained a permit therefore as herein
provided
(b) If the applicant desires a permit for the purpose of operating, maintaining or
conducting games of skill and science as a business in an appropriate commercial zone and
not as an accessory use to the main use of the premises for an established business, no
permit shall be issued pursuant to this part until the applicant has been issued any
required zoning permits a Genditional use permit fir , or -'Fe tion,l o„tor (private.)
n 'v to)
pursuant to the provisions of chapter 26, article XII, division 9 of this Code. e ���se, shall
not be deemed to be ar.Gessar-y to the operation e-fwap- g';t;4h1iRhGd business the
meaning of tjiissertien if the, applirant se@ks o permit for- me th- th (3) games f
4kill :;-d-sGielwe.
(Code 1960, § 6361; Ord. No. 1307, § 1, 7-26-76; Ord. No. 1933, § 1(Amd. 285, Exh. 1),
4-5-94)
Sec.5-83. Application.
(a) Filing. The holder of a conditional use permit for- a rerro,ti^n re tAr ( .»te) or the
holder of a business license for the main use of the premises for an established business
issued by the city who desires to keep, maintain or possess in his place of business one (1)
or more games of skill or science shall file an application for a permit with the city license
collector.
(b) Signature and verification. Such application shall be filed in the name of the person
or business entity holding the URGIaSSifi0d conditional use permit or the holder of a
business license for the main use of the premises for an established business and shall be
signed and verified by an individual applicant, by a partner if a partnership, and by a
corporate officer if a corporation.
CHAPTER 26 ZONING
ARTICLE XII Special Regulations for Unique Uses
DIVISION 9. GAME ARCADES
Section 26-685. Purpose.
The purpose of this division is to permit the operation of game arcades, billiard parlors and
pool halls, providing recreation for the citizens of West Covina while guaranteeing the
protection of community and surrounding property, and to reduce the impact on the
property on which the arcade, billiard parlor or pool hall, is located, thereby reducing the
need and call for public services, through consideration of physical treatment and
compatibility with the community and surrounding property.
(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92)
Section 26-685.2. Definitions.
(a) Game arcade, main use. Any place of business containing one (1) or more games of
skill or science not as an accessory to a main use.
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(b) Game arcade, accessory use. A use arressei3, to a main use, containing £auf-(4) er
Fnero coin -operated games of skill or science (as defined in sections 5-72--5-91 of the West
Covina Municipal Code) and then-eb), ^^^ai-*i-^ al e, peFmit as st—ate 7
sestien 5 82(b)-ef the West Cea' ,= a . which is secondary or incidental to
another use.
(c) Billiards: Billiard and pool games shall mean any of the several games on a table
(including those coin -operated), surrounded by an elastic ledge or cushions, with balls
which are intended to be propelled by cues.
(d) Billiard parlor, main use. Any place containing billiard tables not as an accessory to
a main use.
(e) Billiard parlor, accessory use. A use accessory to a main use, containing four (4) or
more billiard tables, and, thereby, requiring a conditional use permit
(1) An accessory use billiard parlor containing three (3) or less billiard tables is
permitted to operate without a conditional use permit as herein provided.
(f) Unless otherwise specified, "game arcades" means either accessory use game
arcades or main use game arcades, and "billiard parlors" means either accessory use
billiard parlors or main use billiard parlors.
(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258,
Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Section 26-685.4. Procedure.
(a) Game arcades, and billiard parlors, may be established only in the zones as specified in
section 26-597.
(b) Game arcades may be established only in the zones as specified in section 26-597
and shall be subject to the granting of the following permits:
(1) No zoning permit shall be required for an accessory game arcade,
containing one (1) to three (3) coin -operated games of skill or science.
(2) An accessory game arcade, containing four (4) or more coin -operated
games of skill or science shall be subject to the granting of a conditional
use permit as specified in Article VI, Division 3 of this chapter.
(3) A main use game arcade is permitted to operate with the approval of a
conditional use permit as specified in Article VI, Division 3 of this
chapter.
(4Lc) A conditional use permit shall be obtained prior to establishing a r
billiard parlor, (as specified in article VI, division 3 of this chapter).
(4) J!�j The development standards of the zone in which this use is to be located shall apply
(as specified in article X, division 3 of this chapter), unless this section specifically permits
or prohibits otherwise.
(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1, (Amd.
258, Exh. 1), 4-5-94)
Section 26-685.5. Reserved.
Section 26-685.6. Game Arcade Regulations.
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(a) Specific development requirements for a game arcade:
(1) No arcade shall be located within P-Re, thou,ss—And (1,000) three hundred (300)
feet of a public or private school conducting classes between first and twelfth
grades. The distance shall be measured over a pedestrian path of travel from
the nearest customer entrance of the arcade to the nearest accessible portion
of any school property.
(b) Conditions of approval of a conditional use permit for a an accessory use or main
use game arcade:
(1) No admittance of juveniles under sixteen (16) years of age until 1:30 p.m.
except on Saturday, Sunday, holidays and school vacations.
(2) No one under twelve (12) years of age admitted unless supervised by an adult.
(4(D One (1) attendant, eighteen (18) rwenty-ene (2 t 4 years of age or older, is
required for main use of accessory use game arcades with one (1) to fifteen
15games eweFy twenty-five, (25) games; two (2) attendants minimum
required for came arcades with
sixteen (16) to fifty (50) games; and one additional attendant for every
twenty-five (25) games over fifty (50) games.
(4)42)Review of a main use game arcade t� operation permitted by the
conditional use permit is required evei3, after six (6) months for a peried of
beginning on the date of the start of operation. of a main use,
game, ar-Gade-.
(464 (3) The conditional use permit may be revoked, amended or suspended by the
planning commission under the provisions of section 26-253 of the West
Covina Municipal Code.
(7) (4) Licenses or permits as required in chapter 5, article V and chapter 14 of the
West Covina Municipal Code shall be obtained prior to the start of the
operation of the use.
(8) (5) Main use game arcade business hours: 8:00 a.m. to 10:00 p.m. The
planning commission may approve extended hours of operation under certain
circumstances; but in any case, after 10:00 p.m. attendance shall be limited to
adults and minors accompanied by a parent or legal guardian.
(6) The noise level outside the sub.iect tenant space, shall not exceed the
ambient noise level by more than five decibels.
(7) All games shall be located in a plainly visible location so that the area can
be monitored by the employees of the business. A video camera may be
used to meet this requirement if approved by conditional use permit.
(8) No person convicted of a felony against a minor shall be granted approval
of a conditional use permit to operate a game arcade.
(c) Such other conditions as deemed by the planning commission to reasonably relate
to the purpose of this division, such as but not mandatory or limited to:
ZACase Files\CODE AMEND\2001\01-01\CC\Exhibit A(Rev1.22).doc
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(1) Review of the operation permitted by the conditional use permit is required
after six (6) months fer- , periodof two (2)yGar-',beginning on the date
of the start of operation. .
(34 (2) Automobile parking requirements to be determined per conditional use
permit depending on the type of main use, location or if it is a main use
arcade.
(4) (3) Windows shall be maintained to allow an unobstructed view of the
interior.
(�} (4) Accessory use game arcade business hours, if different from business
hours of the main use.
(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd.
258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
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