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La Verne City Zoning Code

CHAPTER 18

84 AMUSEMENT ARCADES AND DEVICES

§ 18.84.010 Definitions.

As used in this chapter:
"Amusement arcade"
means any business or other establishment containing four or more amusement devices, or an establishment with fewer than four amusement devices when such devices occupy more than five percent of the total floor area of the business. For the purpose of this chapter, each device and playing area shall require a minimum of ten square feet.
"Amusement device"
means any video, electronic, electric or mechanical game machine which provides amusement, entertainment or recreation which may be operated by depositing any coin, slug, token or any other device, or by paying a fee either in advance of or after use. "Amusement device" shall not be construed to mean any coin-operated or token-operated machine which plays only recorded music, such as a jukebox.
(Prior code § 9998.0001; Ord. 656 § 4, 1982)

§ 18.84.020 Conditional use permit required.

The planning commission is authorized to grant conditional use permits for the operation of amusement arcades subject to the provisions of this chapter and Sections 18.108.010 through 18.108.030 of this title. In granting such permits, the planning commission shall impose such conditions, in addition to those required by this chapter, which will tend to safeguard the health, safety and general welfare of the residents and businesses of the city.
(Prior code § 9998.0000; Ord. 656 § 4, 1982)

§ 18.84.030 Exceptions.

A. 
No conditional use permit is required for the maintenance or operation of three or fewer amusement devices, unless they constitute an amusement arcade. Exemption from the requirement of a conditional use permit under this section shall not exempt any such business from compliance with all other provisions of this chapter and title.
B. 
Any business or other establishment with four or more amusement devices which were lawfully installed prior to October 4, 1982, shall be exempt from the provisions of this chapter for six months from that date, or such longer period as is established by the planning commission pursuant to Section 18.84.180 of this chapter.
C. 
No conditional use permit shall be required for any amusement device or amusement arcade which is installed as part of a special event to be held in the city for three or fewer days, including, but not limited to, a fair, exhibit, holiday celebration, or other one-time activity. Any such amusement device or amusement arcade shall comply with Section 18.84.190 of this chapter.
(Prior code § 9998.0002; Ord. 656 § 4, 1982)

§ 18.84.040 Locations.

A. 
Amusement arcades shall be permitted only within the C-P-D commercial professional development zone within the city.
B. 
The public entrance of any amusement arcade shall be a minimum walking distance of two hundred feet from the nearest boundary of any:
1. 
Residentially zoned property, church or other religious institution;
2. 
Public or private elementary, intermediate or high school;
3. 
Business devoting over fifty percent of its floor area to the sale of alcoholic beverages for off-site or on-site consumption, including, but not limited to liquor stores, bars, taverns and cocktail lounges.
C. 
Amusement devices and amusement arcades are prohibited in any business devoting over fifty percent of its floor area to the sale of alcoholic beverages for off-site or on-site consumption, including, but not limited to, liquor stores, bars, taverns and cocktail lounges.
(Prior code § 9998.0003; Ord. 656 § 4, 1982)

§ 18.84.050 Student access and hours of operation.

A. 
No student in an elementary or secondary school shall be admitted to any amusement arcade on a school day between seven a.m. and school closing time for his or her grade level. Closing time for elementary students is three p.m., for intermediate students is three p.m., and for high school students is two-thirty p.m. A student whose school closes early may be admitted to an arcade after the close of the school day even if this is earlier than the standard time set forth for his or her grade level. This exception does not apply to a student whose individual school day ends early if his or her school is still in session. Students may be admitted during the school hours provided in this section when accompanied by a parent, teacher or legal guardian.
B. 
No student in an elementary or secondary school shall be permitted to use any amusement device permitted under Section 18.84.190 or amusement devices located in any business establishment other than an amusement arcade during school hours as defined in subsection A of this section.
C. 
In granting or reviewing a conditional use permit, the planning commission may further limit the hours of operation for any amusement arcade in order to protect nearby properties or uses or to provide for the health, safety or welfare of the public.
(Prior code § 9998.0004; Ord. 656 § 4, 1982; Ord. 681 § 1, 1984)

§ 18.84.060 Supervision and security.

A. 
Amusement arcades shall provide the following adult supervision (over twenty-one years of age) and an evening security guard (from sunset until thirty minutes after business closes):
1. 
Five to ten amusement devices, one adult supervisor employee;
2. 
Eleven to twenty-five devices, two adult supervisor employees;
3. 
Twenty-six to fifty amusement devices, three adult supervisor employees;
4. 
Fifty-one plus amusement devices, four adult supervisor employees.
B. 
At the time of an initial application for a conditional use permit or at any time thereafter, the planning commission may reduce or increase the number of supervisors required for any amusement arcade based upon the anticipated or past number of patrons using the arcade.
(Prior code § 9998.0005; Ord. 656 § 4, 1982)

§ 18.84.070 Public restrooms.

Amusement arcades shall provide a minimum of two public restrooms within the approved building.
(Prior code § 9998.0006; Ord. 656 § 4, 1982)

§ 18.84.080 Interior waiting areas.

Amusement arcades shall provide an area within the approved building for patrons wishing to relax or wait for a particular amusement device to become available. Seating facilities shall be included within this waiting area.
(Prior code § 9998.0007; Ord. 656 § 4, 1982)

§ 18.84.090 Change-making or token facilities.

Amusement arcades shall provide change-making machines or token exchange facilities for patron use. Whatever facility is utilized, it shall be such so as to discourage patrons from requesting change from other patrons or nearby businesses or persons.
(Prior code § 9998.0008; Ord. 656 § 4, 1982)

§ 18.84.100 Interior clear space.

A. 
Amusement arcades shall provide a minimum amount of interior clear space for safe and convenient patron circulation, in accordance with the following minimum standards:
1. 
Minimum aisle width shall be ninety inches;
2. 
Minimum distance between each amusement device and any entrance or exit shall be ninety inches;
3. 
Minimum separation between amusement devices shall be twelve inches.
B. 
Additional clear space may be required by the building official in order to maintain public safety.
(Prior code § 9998.0009; Ord. 656 § 4, 1982)

§ 18.84.110 Common-wall insulation and noise reduction.

Upgraded common wall insulation and other noise attenuation measures shall be required in accordance with the Uniform Building Code, in order to prevent operation of the amusement arcade from disturbing nearby uses or businesses.
(Prior code § 9998.0010; Ord. 656 § 4, 1982)

§ 18.84.120 Parking requirements.

Each amusement arcade shall be required to provide adequate off-street parking for its own use at a rate of one space per six permitted occupants or one space per two game machines, whichever figure may be greater. Other differing uses within the amusement arcade building, including, but not limited to, restaurants, shall be required to meet the parking standards as established in this code. Mixed uses shall comply with the provisions of Section 18.76.030 of this title.
(Prior code § 9998.0011; Ord. 656 § 4, 1982)

§ 18.84.130 Bicycle racks.

Amusement arcades shall be required to provide bicycle racks. Bicycle rack spaces shall be provided at a rate of one space per each amusement device up to twenty-five devices, and one additional space per each additional five devices. The design and placement of the bicycle racks shall be determined by the city. At the time of the initial application for a conditional use permit or at any time thereafter, the planning commission may reduce or increase the number or required bicycle racks based upon anticipated or past number of patrons using the arcade.
(Prior code § 9998.0012; Ord. 656 § 4, 1982)

§ 18.84.140 Exterior lighting.

Amusement arcades shall be required to provide sufficient and adequate lighting to provide for a safe and functional exterior environment. Particular attention shall be paid to the placement of adequate lighting around all entrances and exits, in areas which may present a likely location for patron congregation, and in areas which are unduly dark. All lighting shall be arranged and shielded so as to eliminate excessive glare or reflection to adjoining properties. A requirement of additional or upgraded lighting may be imposed as a condition at the time of the original approval or any time subsequent thereto.
(Prior code § 9998.0013; Ord. 656 § 4, 1982)

§ 18.84.150 Signs.

All signs on the exterior of an amusement arcade, or visible from the public right-of-way shall obtain prior city approval in accordance with the provisions of Article I of Chapter 18.108 of this title.
(Prior code § 9998.0014; Ord. 656 § 4, 1982)

§ 18.84.160 Building and safety requirements.

Prior to occupancy, the arcade applicant shall take all necessary steps in order to comply with the requirements of the building, police and fire departments which may be imposed as a result of applicable codes or community objectives.
(Prior code § 9998.0015; Ord. 656 § 4, 1982)

§ 18.84.170 Alcoholic beverages and smoking.

Consumption of alcoholic beverages and smoking shall be prohibited in any amusement arcade or, if any such arcade is a mixed use, in the arcade portion of such mixed use. Interior signs shall be posted to that effect.
(Prior code § 9998.0016; Ord. 656 § 4, 1982)

§ 18.84.180 Nonconforming uses.

A. 
Any business or other establishment containing any amusement arcade as an incidental or auxiliary use, where the arcade was in existence and lawfully operating prior to October 4, 1982, shall be exempt from the requirements of this chapter until May 30, 1983, by which time any such business or other establishment shall either obtain a conditional use permit or otherwise comply with the provisions of this chapter, or terminate the nonconforming use. As used in this section, "incidental use" or "auxiliary use" means a use, secondary to the primary use or occupancy permitted on the property, and shall not mean the only use or occupancy of the property. Possession of, and compliance with, a conditional use permit for the operation of an amusement arcade issued by the city prior to the effective date of the ordinance codified in this chapter shall constitute compliance with the requirements of this section.
B. 
All amusement arcades and any business or other establishment containing any amusement devices as its sole or primary use in existence and lawfully operating prior to October 4, 1982, shall be exempt from the requirements of this title until May 30, 1983, and any such business or other establishment shall, upon the expiration of the period of time, comply fully with the provisions of this chapter or terminate the nonconforming use. Possession of, and compliance with, a conditional use permit for the operation of an amusement arcade issued by the city prior to the effective date of the ordinance codified in this chapter shall constitute compliance with the requirements of this section. Any such nonconforming business or other establishments may apply for a hardship extension under subsection C of this section.
C. 
1. 
Any business or other establishment whose sole or primary business, activity or use is nonconforming under subsection B of this section may apply to the director of community development for a hardship extension.
2. 
The director of community development may grant an extension for termination of the nonconforming use or compliance with any and all other provisions of this chapter, not to exceed two years, if he finds any of the following:
a. 
The business or other establishment is obligated to continue operation of the nonconforming amusement arcade or amusement devices by a written lease exceeding one year from the effective date of the ordinance codified in this chapter, provided that the lease was entered into before October 4, 1982; or
b. 
Any such operation of the nonconforming amusement arcade or amusement devices involves an investment of money in a leasehold or improvements made prior to October 4, 1982, such that a longer period is necessary to prevent undue financial hardship to the applicant.
(Prior code § 9998.0017; Ord. 656 § 4, 1982)

§ 18.84.190 Temporary amusement devices and arcades.

A. 
No person shall install a temporary amusement device or amusement arcade as part of a special event without obtaining a written permit to do so from the director of community development. Any person desiring to install a temporary amusement device or arcade shall submit a written application to the director at least fourteen days prior to the special event, containing the following information:
1. 
Name, address and telephone number of the applicant and authorized agent. If the applicant is an organization or other entity, the name, address and telephone number of the headquarters of the organization and the authorized and responsible head(s) of the organization;
2. 
A description of the special event, including but not limited to, its location and the date or dates it will take place;
3. 
The location of the proposed amusement device or arcade, and the proposed total length of time the applicant intends to operate it;
4. 
The insurance coverage to be provided by the applicant or patrons of the amusement device or arcade.
B. 
The director of community development shall review this information and shall authorize the installation of a temporary amusement device or arcade upon a determination that its placement will not damage any public or private property or disturb any nearby businesses or other uses. In granting the permit, the director of community development may impose reasonable restrictions or conditions, including, but not limited to compliance with any requirements of the building, police or fire departments which may be imposed as a result of applicable codes, hours of operation of the amusement device or arcade during such special event, the location of the amusement devices, or provision for insurance. The permit granted by the director shall contain all restrictions or conditions.
C. 
"Special event," as used in this section, means any civic, patriotic, religious, cultural, community, political or other one-time event occurring in the city on a specific date or dates.
(Prior code § 9998.0018; Ord. 656 § 4, 1982)

§ 18.84.200 Mechanical bull rides prohibited.

Mechanical bull rides shall be prohibited in the city.
(Prior code § 6508.20; Ord. 641 § 1, 1981)

§ 18.84.210 Planning commission review and recommendation.

A. 
The planning commission shall be empowered to take other criteria into account to determine the compatibility of an amusement arcade with an adjacent or surrounding use, including but not limited to the location or proximity of other amusement arcades, recreational centers, or other high intensity uses, or the extent of available parking, in making its decision to approve or deny a conditional use permit.
B. 
In its review of a conditional use permit request, the planning commission may consider and specify other conditions to deter outdoor congregation by arcade patrons, to limit the method and hours of operation in order to achieve use compatibility, and to discourage illegal or undesirable activities.
(Prior code § 9998.0019; Ord. 656 § 4, 1982)

§ 18.84.220 Variances.

Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the planning commission may grant a variance therefrom upon such terms and conditions as it deems necessary pursuant to Sections 18.108.040 through 18.108.060 of this title. Such variances shall be in harmony with the general purposes of this chapter shall be observed, public safety and welfare secured, and substantial justice done.
(Prior code § 9998.0020; Ord. 656 § 4, 1982)