HomeMy WebLinkAboutRegulation of Game Arcades - Code Amendment 81-10 - Ordinanc IN THE ®ai' ®
Superior Court i
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
CITY OF HUNTINGTON BEACH +
CITY CLERK PROOF OF PUBLICATION
NOTICE OF PUBLIC HEARING
State of California ) -- PUBLIC NOTICE
County of Orange )ss' I NOTICE OF PUBLIC BEARING
Jeannie L. Thomas CODE AMENDMENT 81-10
i r_ GAME ARCADEBTANDARDS
"NOTICE IS HEREBY GIVEN that a
Pdblic hearing will be held bq the City
That I am and at all times herein mentioned was a citizen of Council of the City of Huntington Beach,
the United States,over the age of twenty-one years,and that I f in.the Council Chamber of the Civic Cen-
t30
am not a party to,nor interested in the above entitled matter; h Hor as ton Beech,at the hour blof 7.on
� P.M.,or u soon thereafter as possible on
that I am the principal clerk of the printer of the i Monday,the tat day of February, iM
i for-the purpose of considering
Huntington Beach Ind . Review Code,
`
Amendment No. 81-10 regulatwg•the
I establishment of game arcades.Said code
amendment sets forth locationl and
a newspaper of general circulation,published in the City of operating criteria for new game arcades,
inFluding(1)required buffers between ar-
ad
Huntington Beach css end residential uses,(2)distances
from schools, (3) pedestrian crossing
st4ndar (4) bicycle parking,(5)adult
County of Orange and which newspaper is published for the ing ho m T end(e)limitation of l-
ing hours The code amendment defines a
disemination of local news and intelligence of a general charac- game arcade as"a place of busi;isee where
ter, and which newspaper at all times herein mentioned had i msre them four oommeocially operated
and still has a bona fide subscription list of paying subscribers, amusement devices era available for pub
li$uee."
and which newspaper has been established, printed and pub- "A"copy of.said code amendment is on
lished at regular intervals in the said County of Orange for a file-in the Department of Development
eriod exceedin year; that the notice, of which the SyrbicesOffice.
P K one Y wAU interested persons are invited'to,
annexed is a printed copy, has been published in the regular ,'attend said bearing and express their
and entire issue of said newspaper,and not in any supplement 9Pi4ions for or against said CodeAmeiid!.!
pngt No.sl-1o.
thereof,on the following dates,to wit: further information may be obtained
from the'Office of,the City Clerk;2000 f
Nfain Street,Huntington Beach,Calitor=.
i4 92848—(714)536-6227.'
January 219 1982 1!DATED January 13 1982. k
; CITY OF HUNTINGTON BEACH
;By-.ALICIA M.WENTWORTH
City Clerk
�ak Jea.21,1982
�tmt.Beach Ind.Rev.#10556Beach lad.Rev.#10556 j
I certify(or declare) under penalty of perjury that the forego-
ing is true and correct.
Dated at....Q a.r.d.e n..G.r..o,Y.e.......................
r64fornia,this 21st•day of a... 82...
� �....
Signature
wle 1e�) r2 9
I Form No.CAF-81380
REQUES FOR CITY COUNCIL ACTION
Date January 26 , 1982 _
Submitted to: Honorable Mayor and. City Council
Submitted by: . Charles W. . Thompson, City Administrator
Prepared.by: James W. Palin, Director of Development Services
Subject: ORDINANCE TO REGULATE GAME ARCADES O
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Following a public hearing before tthe City Council on October 26,
1981, Code -Amendment No. 81-10, an ordinance to regulate the es-
tablishment of game .arcades,._ was referred back to the Planning Com-
mission for further clarification of the term "permanent open space" .
The Planning Commission requested the following additional changes
in the code amendment: 1) The inclusion of senior high schools in
the prohibition of locating game arcades closer than one-half mile
to elementary and junior high schools., and 2) the stipulation that
game arcades be located in .a .commeraial area .at an intersection with
a traffic signal. ,
On January 5, 1982, the' Planning Commission, after a public hearing,
approved the revised code amendment and recommended it for adoption
by the City Council.
RECOMMENDATION:
Adopt the ordinance amending. Section 9332 and 9700.. 7 of the Hunting-
ton Beach Ordinance Code relating to game arcades. .
ANALYSIS•
When Code Amendment 81-10 came before the City Council on October 26,
1-9:81, Council members had several .comments. The following discus-
sion briefly reviews these comments and their disposition.
1. Game arcades should be located more than one half-mile from
senior high schools as well as elementary and junior high
schools.. The same concern was voiced by the Planning Commission
and the ordinance has been changed accordingly.
2. Permanent open space should be more explicitly defined. A de-
finition of permanent open space has been included in the
ordinance.
3 . A block wall ought to be considered a buffer. There did not
appear to be a concensus among the Council members on this
PIO 4181
Game Arcades
February 1, 1982
Page 2
point. In the absence of specific direction by the Council,
staff did .not make further recommendation to -the Planning
Commission.
4 . The adult in attendance at a game arcade should be 21 years of
age. A. motion to this effect was defeated by the Council.
5. Why was the number of game machines to. .be permitted without a
conditional use permit set at four? The. number four was
selected because the original study on game arcades, which went
to the Planning Commission in May, 1981, recommended that
businesses with less than 750 square feet of floor area be
limited to . three game machines before .a conditional use permit
would be required, while businesses with more than 750 square
feet of floor area would be. allowed five game machines before
a conditional use permit would. be needed. This recommendation
was based on staff consultation with the land use inspectors,
and incorporated their opinions regarding the threshold point
beyond which problems with sidewalk _congest ion. and bicycle park-
ing might occur.. Placement of more than. four .machines in a
small area could also. create 'interior hazards.. During their
discussions on the game arcade study, the Planning Commission
decided that two standards would prove unwieldy and difficult
to enforce. The Commission directed- staff to recommend one num-
ber which would apply to all businesses.. Staff suggested that
four allowable game machines would be a satisfactory limit while
still allowing up to four machines as an auxillary use. The
Planning Commission agreed.
On November 3, 1981, the Planning Commission again considered Code
Amendment 81-10 and directed staff to include additional language
which would require that game arcades be situated in a commercial
center located at an intersection with a traffic signal. Previously,
the ordinance had specified an intersection with a traffic signal
or a pedestrian crosswalk.. However, the Commission was concerned
that a crosswalk alone might not provide a sufficiently safe cros-
sing for children. At this -time, the Commission also directed that
senior high - schools be included with elementary and junior high,
schools when locating game arcades.
Another public hearing was held before the Planning Commission on
January 5., 1982. At this meeting, staff recommended changing the
definition of game arcades from "any place of business where more
than four coin-operated amusement devices are available for public
use" to read . "commercially operated amusement devices" because it
had been brought to their attention that some of the game machine
operators were changing over to using a ticket or coupon entitling
an individual to a certain amount of playing time.
y
Game .Arcades
February 1, 1982
Page 3
On January 5., the Planning Commission approved Code Amendment 81-10
with these changes and recommended it to the City Council for adoption.
As approved by the Planning Commission, Code Amendment 81-10 includes
the following requirements for game arcades:
1. Game arcades shall be separated from all residential property
by a buffer including, but not limited to, buildings, utility
easements, permanent open space or arterial streets. Block
walls shall not be considered buffers.
For the purpose .of this subsection, permanent open space shall
include golf courses, park sites, and public utility and flood
control rights-of-way at least one hundred (100) feet in clear
width.
2. The facility shall hot be located closer than .one-half mile
to any elementary, junior or senior high school.
3 . The facility shall.,be situated in a commercial area at an
intersection with a traffic signal.
4. Hours of operation shall be established by the Planning Commission.
5. To . eliminate obstruction of the public sidewalk and entryway
to the facility, a special area shall be set aside and desig-
nated for bicycle parking or bicycle racks shall be provided.
6. There shall be at least one supervisory employee in attendance
eighteen (18). years or older during operating hours.
7. A game arcade is defined as any place of business where more
than four (4) commercially operated amusement devices are
available for public use.
FUNDING SOURCE:
None needed.
ALTERNATIVE ACTIONS:
1 . Do not adopt the ordinance amending Sections 9332 and 9700.7
of the Huntington Beach Ordinance Code.
2. Direct staff to modify the ordinance to reflect other criteria
or concerns of the Council.
3. Direct staff to conduct further study of the game arcade issue
and report back to the Planning Commission or City Council .
JWP:JAF:jlm
Publish 1-21-82
NOTICE OF PUBLIC HEARING
CODE AMENDMENT 81-10
GAME ARCADE STANDARDS
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of the City of Huntington Beach, in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as
possible on Monday the 1st day of February 1982
for the purpose of considering Code Amendment No. 81-10 regulating the establishment
of game arcades. Said code amendment .sets forth locational and operating criteria
for new game arcades, including (1 ) required buffers between arcades and residential
uses, (2) distances from schools, (3) pedestrian crossing standards, (4) bicycle
parking, (5) adult supervision,. and (6) limitation of operating hours. The code
amendment defines a game arcade as "a place of business where more than four commercially
operated amusement devices are available for public use. "
A copy of said code amendment is on file in the Department of Development Services
Office.
All interested persons are invited to attend said hearing and express their
opinions for or against said Code Amendment No. 81-10
Further 'information may be obtained from the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California. 92648 - (714) 536-5227
DATED 1-13-82 CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
• �®dam'
r`
Pub] i s h -8a—
• wt,:
NOTICE OF PUBLIC HEARING
CODE AMENDMENT 81-10
NOTICE IS HEREBY GIVEN,that a public hearing will beheld by the City Council
of the City of Huntington Beach, in the Council Chamber of the .Civic Center,.
Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as
possible on Monday the 4 day of ly
for the. purpose of. considering Code Amendment No. 81-10 regulating the establishment
of game arcades. Said. code amendment sets forth locational and operating criteria
for new game arcades, including (1 ) required buffers between arcades and residential uses ,
(2) distances from schools, (3) pedestrian crossing standards, (4) bicycle parking,
(5) adult supervision, and (6) limitation of operating hours. The code amendment
defines a game arcade as "a place of business where more than four-ee•iir operated
amusement devices are available for public use."
A copy of said code amendment is on file in the Department of Development Services
Office.
All interested persons are invited to attend said hearing and express their
opinions .for or against said Code Amendment No. 81-10
Further information may be obtained from the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California. 92648 (714) 536-5227
DATED CITY OF HUNTINGTON BEACH
By: Alicia M. Wentworth
City Clerk
NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING
ITEM � --�l� .rK-
TO: CITY CLERK'S OFFICE DATE:
FROM:
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
_DAY OF L
AP's are attached
AP's will follow
LN:o:Aj's
Initiated by:
Planning Commission
Planning Department
Petition
* Appeal
Other
Adoption of. Environmental Status (x)
YES it
Refer to Planning Department - Extension �k_,��I�
for itional information.
* If appeal, please transmit exact wording to be required in the legal.
�J 0
1.
iN':HE
Superior Court �� p'/ HA 1/�
OF THE STATE OF CALIFORNIA 4
In and for the County of Orange
CITY OF HUNTINGTON BEACH+ CITY CLERK
PROOF OF PUBLICATION
Hea ring .81-10
State of California ) NOTICE OF PUBLIC HEARINGCODEAMENDME
County of Orange )ss' NT8110
NOTICE ADESTANDAR6S,
HEREBY gGIYEN.that•e
Rita J. Richter public hearing will'be'hel?" yj..this City
Council of the Oity of Huntin'gtonoBeach,
That I am and at all times herein mentioned was a citizen of 1O �OUO�Chamber of the Civic Cen-
ter;Huntington'Be"at the,hourlof 7:30.
the United States,over the age of twenty-one years,and that I P.M.;or as.eoon;thereafter.—";poseible,on
am not a party to,nor interested in the above entitled matter; Monday the 28t6'wday 6f,Octobei'#'198.1,
that d-am-the.principal clerk of the printer of the Am p°rr�e.-of conetderin Coda
Amendment Na' 8 10t the
establishment of game' ' ea Sai lode
amendment: eels:forth locat�aaal'and
operating crlterie for new gaineEercades
Huntir)gton Bealeh In is�R�viQW induding(1)' idredbuffersbetweenei-
a newspaper o general circu ation,pu is a in t e City of cedes and reu ent�el ueee;(2)d,atanoes
Gom.schools, (3) vedestriea csoeaing
standards (4)'btcycle perking (5)radult
Huntington Beach suparviei on, d e�'(gl bm,tat;oa ofyoppeeret-
ink houis'The cod emend'ment di fine'a
County of Orange and which newspaper is published for the game arcade as"apiaceofsd'6mee where
disemination of local news and intelligence of a general charac- more than availi blefi3eAubii;amusement;'
devices are aveileble.foi publis'use.".
ter, and which newspaper at all times herein mentioned had 'A on
of eaid.cbde"a&eendment is on
and still has a bona fide subscription list of paying subscribers, t1le.'°the DepertinenC of?Deyelopmeat
Services Office. $r�
and which newspaper.has been established, printed and pub- AU;ntereete.d pereo��are mr,ted to
lished at regular intervals in the said County of Orange for a attend.said hearing and.azpresa,tbeir
period exceeding one year; that the notice, of which the opinioneforor.againat,eeid,Code:Amend.
ment Nwsizl0=: •'r•-w c ,%,; ...
annexed is a printed copy, has been published in the regular Further information,maybe obtained
and entire issue of said newspaper,and not in any supplement from`the,Office of;��City Clerk,2000
Mein 8 Hun tingtoa,�Bekcµh,Califor-
thereof,on the following dates,to wit: nie 9 14)&W6227
DA October 5,1981.;' , , .
CFI'P OF HUNTINGTON�BEACH
BY ALICIA'M.WENTWORTH
. . 3City Clerk
Pub.Oct lh,'1981
0 c_t o b e r 15+ 1981 l-Hunt.Beach Ina.Rev.#11129
I certify (or declare)under penalty of perjury that the forego-
ing is true and correct.
Dated at....................Qdrdp►1..G1'QY.Q..........
/!.
Californi thi� ' A• S: f of ...Q.�
Si ature
. t Forth No.CAF-8138(
Publish 10/15/81
NOTICE OF PUBLIC HEARING
CODE AMENDMENT 81-10
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council
of` the, City_of Huntington Beach-, in the Council Chamber of the Civic Center,
Huntington Beach, at the hour of -7:30 p.M, , or as soon thereafter as
possible on. Monday the 2.6th day of October 1g 81
for the purpose of considering Code., Amendment No. 81-10 requlating the establishment.
of. game arcades. Said code. amendment sets forth locatioval .and operating 'cri ter ia
for new game ardades, including (1) required buffers between arcades and residential uses, .
(2) distances from schools, (3) pedestrian crossing standards, (4) bicycle parking;
(5) adult supervisioh, and (6) limitation of operating hours. The .code amendment
defines a game arcade as "a place of business where more than four coin operated
amusement devices a re. available for public use. ,
A copy of said code amendment is on file in the Department of Development Services
Office:
kil interested persons are invited ..to attend. said hearing and express their
opinions for or against said Code Amendment No.. 81-.10
Further information may be.obtained from the Office of the City Clerk, 2000 Main
Street, Huntington Beach, California. 92648 - (714) 536-5227.
DATED �o����� C I,TY OF HUNTLNGTON BEACH
By: Alici.a .M... Wentworth
City .Cle"rk
LEGAL NOTICE
NOTICE OF. PUBLIC HEARING
CODE AMENDMENT NO. 81-10
NOTICE LS HEREBY GIVEN that a public hearing will be held • .
by the City " C.-.m ~� r.�s of the City of Huntington Beach,
California, for the purpose of considering Code Amendment No. 81-10
regulating the establishment , of game arcades- Said code amendment
sets forth. locational and operating criteria for new game arcades,
including 1) required buffers between arcades and residential uses,
2) distances from schools, 3) pedestrian crossing standards, 4) bicycle
parking, 5) adult supervision, and 6) limitation of operating hours .
The code amendment defines a game arcade as" a place of business
where more than four coin operated amusement devices are available
for public use. " A copy of said code amendment is on file in the
Department of Development Services office.
� Said h wring will be held at .the hour of
7 :30 P .M. , on
, 71981 , in the Council Chambers Building of the
Civic Center, 2000 Main Street, Huntington Beach, California.
A1.1 interested persons are invited to attend said hearing and
express their opinions for or against the proposed
Code Amendment No. 81-10
Further information may be obtained from the City Planning
Department.
Telephone No. (714) 536-5271
DATED this -2-0-t� day of
CITY r�ra1V IT TwT P` *R\fT C`C�ivis
By weee- -
NOTICE TO' CLERK TO SCHEDULE PUBLIC HEARING
ITEM ��¢�Q� � /�ll''�b
TO: CITY CLERK'S OFFICE DATE: Y g
F ROM: ► �Y.,�Z�Z
PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE
e
24DAY OF
J
AP's are attached
AP's will follow
No AP's
Initiated by:
Planning Commission
Planning Department
Petition
* Appeal
Other
Adoption of Environmental Status (x) p
YES IO
Refer to `J r,qA)14)0 , ,¢SIC Planning Department - Extension
for additional information.
* If appeal , please transmit exact wording to be required in the legal .
R5-QUEST FOR CITY COUNCIL ACTION
Date October 9, 1981
Submitted to: Honorable.Mayor and City Council �.
Submitted by: Charles W. Thompson, , City Administrator
Prepared by: James W. Palin, Director. of Development Services W.
Subject: ORDINANCE TO REGULATE GAME ARCADES
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
At the direction of the Planning Commission., staff has developed a
code amendment specifying locational criteria for game arcades . Under
this amendment arcades may locate in a commercial area at an inter-
section equipped: with,a traffic signal or pedestrian crosswalk. They
must be buffered from residential uses according to specifications
and may not be closer than one-half mile to any primary or junior
high school. In addition, the operator shall. -provide-bicycle parking
and adult supervision during operating hours, which will be estab-
lished by the Planning Commission. Game arcades are defined as any
place of business where more than four coin_operated amusement devices
are available for. public use.
. The text of the code amendment is attached.
RECOMMENDATION:
Adopt the ordinance amending Sections 9332 and 9700. 7 of the Hunt-
ington Beach Ordinance Code relating to game arcades.
ANALYSIS:
Numerous applications for conditional use permits for game arcades
have(., come before the Planning Commission in recent months. Some of
these applications were vocally opposed at the public hearings by
surrounding residents or merchants. In order to make equitable
decisions on .conditional use permits for game arcades, the Planning
Commission directed staff to. develop locational criteria and other
standards which would serve as a basis for approving these applica-
tions.- The Commission .also concurred' with staff recommendations that a
game arcade be defined,-as more than four. game machines_,ther.eby__re-
&uir d a--conditional use permit.
Staff surveyed several . Orange County cities and prepared a report to
the Planning Commission which is attached for your information. The
Commission held several discussions about possible criteria; from
'h. . PIO 4/81
RCA - C-A. 81-10
October 9, 1981
Page 2
these, staff refined those which are incorporated in, Code Amendment
No. 81-10. The criteria recommended by the Planning Commission for
the Council ' s approval in Code Amendment 81-10 include:
1. Separation of game arcades from -all residential property by
a buffer including., but not limited to, buildings, utility
easements, permanent open space, or arterial streets. Block
walls shall not be considered buffers.
2 . Game arcades, shall not be located .closer than. one-half mile
to any primary or junior high school.
3 . Game arcades shall .be situated in a commercial area at an inter-
section. equipped with a traffic signal or a pedestrian crosswalk.
Pedestrian crosswalks located .in .any place other than an inter-
section shall not qualify.
4 :: Hours of operation shall be established by the Planning Commis-
sion.
` 5.._ To eliminate obstruction of - the public_ sidewalk_ and entryway-to-_________
a game arcade, a special area shall be set aside and designated
for bicycle parking or bicycle racks shall be provided.
6 . There shall be one person eighteen (18) years of agb 'or . older.
in-.attendance during operating hours.
7. A game arcade. is defined as any place of business where more
than four coin-operated. amusement devices are available for
public use.
FUNDING SOURCE: None needed.
ALTERNATIVE ACTIONS:
1. Do not adopt the ordinance amending. Sections 9332 and 9700 . 7 of
the Huntington Beach Ordinance Code.
2. Direct staff. .to modify the ordiannce .to relfect other criteria or
concerns. of the Council .
3. Direct staff to conduct:. further study of the game arcade issue and
report back to the Planning Commission or City Council .
JWP:JF:df
Attachments:
1. Ordinance
2 . Report on Survey of Orange County cities .
REGULATION OF ELECTRONIC GAME MACHINES
Six conditional- use permits for amusement centers in Huntington
Beach were heard by the Planning Commission in recent months* .
During the public hearings on these. requests, testimony high-
lighted some of the potential problems. associated with this
land use and with the regulation of electronic. game machines .in
general. Public concern and. the. probability of •additional permit
requests. in the future. prompted . staff to undertake this report,
which consists of the following:
1) Review of current City practice regarding amusement centers;
2) results of a poll of surrounding cities to determine how
other communities approve; regulate and locate amusement
centers;
3) , discussion; and '
4) alternative action's the City may take
1. 0 CURRENT CITY PRACTICE:
Currently in Huntington Beach, amusement centers are permitted'
through a :conditional use permit =and -are allowed to locate-in, all
zones except residential; agricultural (Al) ; shoreline districts -
(S1) , and 'cemeteries (SP-1) . Conditional . use permits are reviewed.
by the Planning Commission as . required , by S. 9332-'('d);� of the Huntington.
.Beach Ordinance Code to .insure, cbmpatibi, ity wit Y -.`surrounding land
uses and the general welfare of neighborhood residents. Before
any action ,is taken on a conditional' use permit, .the• Planning
Commission .is required by code to hold a public hearing.
If the game, machines :are only incidental •to the primary. business
.use (-e..g. , bowling. alleys, pizza parlors, iiquor. stores) , a
conditional use permit has not beenrequired, in .the past. In this
case,, Administrative Services. (License Division), , issues a mei ndirig .
machine license for the game or games. If the owner of the ,machines
also operates a business under an existing license on the premises
where the game .machine is located; no additional business license
is required, for the game machine.. This means that. the..City has
no knowledge of how many game ,machines are presently in operation
in' Huntington Beach. Machines belonging to vendors are licensed
however., no' complete inventory of game machines and, their. locations
can be. compiled from the existing business license records.
*Of these, five were denied. Two denials were appealed- to the
City Council; one appeal was approved and one was denied.
1.
There is no City regulation which limits the number of games
allowed as an incidental. use before a conditionaliuse permit
must be obtained.. The absence -of' .a definite. policy regarding
game machines forces the licensing division to make value
;judgements in determining whether or not a conditional use permit
is 'necessary. . In only a few instances has . a conditional use
permit been .required -- that was when all the game machines were
located in a separate-area or room: The licensing division reports
that theyvould: like some clear-cut guidelines to. assist them in
these decisions.
2. 0 SURVEY� OT,. OTHER JURISDICTIONS: ;
The problem _encountered by Huntington Beach in .attempting; to
regulate anivsement' centers are not unique. Nearby communities
report similar, coricerns, and some have resolved the issue by
adopting strngent .:cont rgls through the conditional 'use permit ,
process.
A telephone. poll of: thirteen surrounding cities.: is •summarized
in 'Figure. 1:. : Almost. all the cities, 'regulated ,amusement' centers
through_ the 'conditional ,use p itm t• .process .and restricted. their'
location: to commercial zones. The-majority of ,cities. reported
social problems;. in amusement "center areas, including loitering,
litter;: and some crime related activity. . .P,olice,' business, and
resident' opposition .in .many. of. the cities polled has made conditional
use permit approvals very' difficult to obtain.
Reacting to the_ social- problems generated . by;amusement. centers in
nearby cities,, .Cerritos allows amusement centers only. in the .
enclosed- Los Cerritos Mall. In addition., Cerritos .requires sound-
proof ing� , double, glass self-closing doors.,= public restrooms, and
two attendants on duty at all timed'. The"City of Orange, in
'reviewing conditional .use permit applications for prospective ,
amusement centers, .,coriditions the permit .approval as follows:
1) regulation 'of, hours '.of operation; .2) a�deguate area, lighting;
3) pro.vision of secur ty, guards; 4) ,review 'by the City bf the
conditional use permit conditions .every six months to ensure
compliance'. Costa Mesa, Newport Beach; and Tustin required
Police Departmental approval for prospective amusement centers...
In businesses where gamO_.',machines* are a"9econdar.y ...use, eight of , .
the thirteen cities;polled have ,sbt ,specif ' requlations .for, their.
approval. All. businesses, having more. than a ,specified number of
game machines are .required to apply for a conditional ,u se. .permit.
In some cases, there .is a floor area ratio that is applied to the
games; if more than a specified percentage of..'the .floor. area I of
,the business is• devoted. to the games., a conditional use . permit i-s'
.required; Where the nuimber, of .games or the floor .area percentage
As not exceeded, an over-the-counter permit is all that is required
for approval.
:+ ..Y
3. 0 DISCUSSION
The current increase in the number of permit request- for amusement
centers is probably caused by a combination of factors. .First,
today' s technology in the electronics industry makes -possible
innovative new games at relatively low cost. Secondly, the higher
than average household income of Orange County families may make
more disposable:. income available to young people than in past
years: Third,., .population growth of- the City. has concentrated enough
purchasing. .power around .the neighborhood commercial areas to make
an amusement.center- econom'idally 'feasible. For these .reasons,
permit requests: for amuesement centers can be expected to. continue.
Consultation with_ the. Huntington Beach Police Department reveals
that the, major :complaihts received by.. them about amusement. centers
are related: to .excessive noise .and lat`e . hours .'of operation.
Existing• arcades, may be open. as late as 2.40'.A.M.. on weekends,,
creating. -disturbances for nearby residents,` The police recommend
that, aequate sourid: buffering be required for these uses and that
hours of operation be reasonably limited. .
Police also receive complaints about bicycles' blocking .walkways, ,,.
in front: of. amusement centers: They suggest, that_. an PLdequate. riumber.
of bicycle. parking racks should be provided by amusement arcades
-to prevent this .problems.
Representatives of the police -departmerit have expressed concern,
about game machines located in liquor stores due to the clientele,
the. presence, of unsuitable reading material, and .an environment
generally not whole-me fore young people. For thes'e .,reasons,. the
police strongly recommend that game machines be prohibited in
liquor stores.
Comments from reside,nts, of 'area's surrounding existing, amusement
centers indicate that the patrons are primarily young people who
tend to. congregate outside the. center. In these circumstances,,. it
is not surprising that excess noise• or minor vandalism may occur. .
In addition, .adult. patrons, of the area are often upset by •groups of
youngsters obstructing walkways `or_ parking areas. Complaints from
neighboring. residents and shops can be .'`expected. Parents of the
young people may„also be unhappy with such an .activity, .since it
could encourage children to spend more money than .they should. On
the- other 'hand. .some parents find the amusement' center a..convenient
activity site for their children. In any case, having competent
adult supervision for the center.-is very important.
For all. of the reasons .discusse' d above, it may .be reasorable. to
prohibit amusement centers ..,from• locating in .small neighborhood
shopping centers. Larger commercial. areas maybe better able to,. ..
accommodate the space and noise demands .of an amusement center. - .in
addition, removing the center from the neighborhood location could
prevent some of the unpleasant effects entirely. Younger children
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4,
could not congregate as easily at a more distant. location. . Also,
the more formalized atmosphere of a large :shopping mall might tend
to. subd'ue any boisterous activity. Having a large enough floor
area inside the amusement center could keep activity from spilling
over to outside , areas.
The foregoing discussion highlights two points which need to be:
addressed in developing. a .permit .me'chanism for game machines. First;
the maximum number, of machines to be allowed As, an. 'incidental use
should,-be established, along with' circumstances under which. -a
conditional':use. permit -would 'be required. Second, . specific criteria
shou'ld._be developed for locating and permitting facilities under a '
conditional '..use permit.
Based upon,:recominenditions.'from the .land use inspectors who are in
the field 'and .observe .the existing situations.,, the fo' llowi ng speci-
fications are"o£fere' d -for consideration r..egardin'q the .Maximum number
of 'game Machines. to be .allowed as a secondary. use
1) Three .game ,machines would. be allowed as. an incidental use where
the 'or imary"business occupies less than 750 sq. ft.-of floor .
area:
2) Five ,game machines would be allowed as an incidental. use where
the primary:business occupies 750 sq. ft. or- more of floor
area..
3) A conditional use permit. would. be required for' operation of
more, game .machines than hereby specified.,
The present business license application form: .has' a section .which
requires the applicant to list the number ..and type of coin operated
mmachines. on the premises. Not all applicants are count nely., required
to respond to this question because game machines have not ,presented .
problems until recently. . Now, ' however, the License Department will
.begin requiring all business license applicants to respond to this ,
question'. The., City. may wish ' to require a separate license for every
vending machine or game machine on the premises in order to maintain
some control over: their. prolifera'tion. : This would necessitate.
revising., the licensing regulation for vending machines in the ' .
municipal. code.
Business_. l cense .renewals ,`are handled by computer-printed forms,., s.o
once a business has :been licensed the City has not had. any knowledge
of the subsequent placement of game i machines on , the premises, '
except by direct observations of -field inspe.ctorS. Since there have
been no limits placed .on the number o.f .game.machines: al,lowed
As .incidental, use up to .this time,. there_. Are urSdoubtedly:.inany businesses
which would become non-conforming uses:under'.the new regulations. '
.3t pay be desirable to allow a one-year amortization period for these
non.-conforming. use game machines,. after which ..the.'excess machines would ,.
have to be removed Or a conditional use permit obtained. Detection
and enforcement of violations would be dependent on field inspections".: '
5.
4. 0 ALTERNATIVES:
The following suggestions are offered as options in dealing with
amusement centers. They could be used singly or in combination.
1) Adopt. a policy of requiring that more than- five game .machines
in businesses with 750 sq..- ft. or more of floor area' or .more
than three game machines. in .businesses with less than 750
sq, , ft. , of floor area, in'dluding' those operated as a secondary
use,.: be subject . to a conditional use permit. .This would require
a change in'the .ordinance regulating amusement enterprises as
special unclassified uses:
2) Restrict amusement centers_ to fully enclosed ..malls (e:q_'
Huntington Center),: .Limiting. these facilities to regional
shoppin'g. centers.:�should reduce the possibility that they will
becoime neighborhood hang-outs, thus curtailing loitering and
vaiidalisin. . ; In :aidditiori, smaller children usually: only visit
reg,ional. mail s., with an adult, so some greater degree, of super-
vision. is likely..
3) Establish'. locational criteria, including:.
a) Requiring amusement centers- to be located on .sites with
no. direct access to residentially zoned properties.
b) Requiring amusement centers to be .separate'd from all
residential properties by a .qualified buffer including.,. but .
not limited .to, buildings; utility easements, permanent open
space. and major arterial 6treets.ti' . $Loc k walls shal�i not
Pe considered as a primary buffer `between family amusement
centers and ,-residential properties..
4) ' Adopt minimum interior square footage, stAndards to .prevent
overflow of activity onto the sidewalk. Thi-s could. take. the
. form of a .stated...number of square feet inside -the center ,for
each game machine.
5) Require conditional,.use permit review every six (6) .months.
This provides a mechanism for alleviating .problems within,a
fairly .short time frame. Conditional use permit review. will
also serve. as a reminder- to the operator that the City will not
tolerate an unruly operation.
6) Require a license for every vending machine or game machine, , .
Whether owned by the business where it is located or by someone
else.
r- 6-. r
5. 0 RECOMMENDATIONS:
3
Staff . recommends that adoption of options 1, and 6 above. In
addition, there should be ,included in the ordinance provisions
for requiring reasonable operating hours and adequate bike parking
facilities. ' The ordinance should prohibit game machines from
beling located in liquor stores.
AMUSEMENT ARCADES/GAME MATRIX
a
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O H O z Ei H a E
a E-+.`W H O x 4- 2 w W W W
E-4 a x H I p,.U E4 • H w a
c� �a o a w,.
o o
U, 3 Ei z M H C7.C7 44
CONDITIONAL USE
PERMIT REQUIRED Y Y Y Y Y_ Y Y X Y N Y Y Y
ZONES ALLOWED
C C C C . C C C C NR C "C C C
APPARENT SOCIAL
'RELATED PROBLEMS Y Y Y N Y" N Y N Y Y N Y Y.
# OF. GAMES .ALLOWED -
BEFORE CONDITIONAL
USE PERMIT REQUIRED �` _ - ;-' 2 -.0 0 10 3 X - ..NI X X X . 3 4
(SECONDARY USE)
1
.Yr Yes
N= No
NR= No Requirement
X= Case by Case Analysis
C= Commercial Zone
NI= No Information Available
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REQUEST FOR CITY COUNCIL ACTION
Date Februar 'l `l 9S 2 "
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrato/R
Prepared by: James W. Palin, Director of Development Servi s 0 oo �
Subject: ORDINANCE TO REGULATE GAME ARCADES
7�
0
Stateme of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF SSUE:
Following a ,ublic hearing before the , ity Council on October 26, 1981,
Code Amendment No. 81-10, an ordinance to regulate the establishment
of game arcades, was referred back to the Planning Commission for
further clarifica on of the term "permanent open space. " The Planning
Commission requeste the following additional changes in the code amend-
ment: 1) The inclusi n of senior high schools in the prohibition of
locating game arcades loser than one-half mile to elementary and
junior high schools, an 2). thl stipulation that game arcades be located
in .a commercial area at a irAersection with a traffic signal.
On January 5, 1982 the Plan ing Commission, after a public hearing,
approved the revised Zending
m ndment and recommended it for adoption
by the City Council.
RECOMMENDATION:
Adopt the ordinance Secti n 9332 and 9700. 7 of the Huntington
Beach Ordinance Code relating to ga e arcades.
ANALYSIS:
Code Amendment No. 81-10 as approved by he Planning Commission includes
the following re uirements for game arcad s :
(1) Game arcades shall be separated from a residential property
by a buffe'r including, but not limited buildings, utility
easements,l permanent open space or arteri 1 streets. Block
walls .shall not be considered buffers.
For the purpose of this subsection, permanen open space shall
include golf courses, park sites, and public ility and flood
control /rights-of-way at least one hundred (100 feet in clear
width.
t
(2) The facility shall not be located closer than one-half mile to
any elementary, junior or senior high school.
P10 4/81
Game Arcades
January 25, 1982
Page 2
(3) The facility shall be situated in a commercial area at an
intersection with a traffic signal.
(4) Hours of operation shall be established by the P anning
Commission. .5
(5) To eliminate obstruction of the public (Wnide lk and entryway
to the facility, a special area shall be/ s t aside and
designated for bicycle parking or bicycl racks shall be pro-
vi ed.
(6) Ther shall be at least one supervi ry. employee in attendance
eight en (18) years or older duri operating hours.
(7) A game cade is defined as an place of business where more
than fou (4) commercially op rated amusement devices are
available .. or public use.
FUNDING SOURCE:
None needed.
ALTERNATIVE ACTIONS:
1 . Do not adopt the r inance amending Sections 9332 and 9700. 7
of the Huntingt n Be ch Ordinance Code.
2 . Direct staff o modify the ordinance to reflect other criteria
or concerns f the Coun U.
3. Direct st ff to conduct fu ther study of the game arcade issue
and repo t back to the Plan ing Commission or City Council.
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