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4951FOLLOWS: ORDINANCE NO. 4951 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTERS 4.14 AND 4.98 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO AMUSEMENT DEVICES AND HALLOWEEN PARADE AND FESTIVAL THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 4.14 be, and the same is hereby added to Title 4 of the Anaheim Municipal Code to read as follows: "CHAPTER 4.14 AMUSEMENT DEVICES 4.14.010 RESTRICTION ON LOCATION .010 No person shall conduct, carry on or manage the business of, or maintain any game, exhibition, shuffleboard game, or amusement or recreational device or any mechanical amusement device or machine which upon the insertion of a coin, slug or token in any slot or receptacle attached to such device or machine or connected therewith, operates or which may be operated for use as a game, contest or amusement or for the dispensing of music and which contains any pay-off device for the return of slugs, coins, money, checks, tokens or merchandise. .020 In addition to the pay-off devices and machines prohibited by subsection .010 above, no person shall conduct, carry on or manage the business of, or maintain any game, exhibition, shuffleboard game, or amusement or recreation device or any mechanical amusement device or machine which upon the insertion of a coin, slug or token in any slot or receptacle attached to such device or machine or connected therewith, operated or which may be operated for use as a game, contest or amusement, with the exception of machines for the dispensing of music, within 600 feet of any school; provided, however, that the provisions of this subsection may be waived by the City Council upon finding that such activity would not be detrimental to the public welfare and morals, and upon approval of the affected school district. 4.14.020 LICENSE REQUIRED. No person shall install or operate on premises owned or under the control of such person any of the amusement, recreational devices or mechanical devices or conduct any of the games or exhibitions specified in Subsection .020 of Section 4.14.010 of this code without first having obtained a permit or license therefor in the manner required by this chapter. 4.14.030 APPLICATION FOR PERMIT AND LICENSE. Application for a permit to operate any game, amusement exhibition, shuffleboard game or recreational or mechanical amusement device shall be made to the City Council on forms provided by the License Collector, which application shall be signed by the applicant and filed with the License Collector of the City of Anaheim, and shall contain the following information: .010 Name of the applicant; .020 Business address of applicant; .030 Residence address of applicant; .040 Date and place of birth of applicant; .050 The address and name of the owner, lessee or other person in control of the establishment or establishments wherein the game, recreational or mechanical amusement device or devices are proposed to be located; .060 The citizenship of the applicant; .070 If the applicant has been convicted of any felony or misdemeanor, then a statement concerning the same shall be required of the applicant, giving the time and place of such convictions; .080 A statement that the game, recreational or mechanical amusement device or devices for which a license is sought is not intended to be, and will not be permitted to be used for any gambling purpose whatsoever; .090 A complete description of the game, recreational or mechanical amusement device or devices, and the manner in which they are to be placed and operated; .100 A statement of the total number of such games and devices currently on the premises, if any, and a description of each. .110 A statement of the applicant's interest in, or title to, the game, recreational or mechanical amusement device or devices for which a license is sought. .120 If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter together with the State and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited -2- partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporation applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual applicant under this chapter. The corporation's or partnership's responsible managing officer must at all times meet all of the requirements set for permittees by this chapter, or the corporation or partnership permit shall be suspended until a responsible managing officer who does meet all such requirements is designated. If no such person is named within ninety (90) days, the corporation or partnership permit is deemed canceled and a new initial application for permit must be filed. 4.14.040 APPLICATION -INVESTIGATION -RECOMMENDATION BY CHIEF OF POLICE. Such application shall be referred to the Chief of Police by the License Collector for the purpose of investigation and the Chief of Police shall be allowed ten (10) days to investigate and act upon said application. Said permit shall be approved, in writing, unless it is found and determined that either (1) said application fails to conform to the requirements of this chapter, or (2) approval of said permit would be contrary to the public health, safety, morals or general welfare, in which event said permit shall be denied. Any interested party may appeal the decision of the Chief of Police to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days from the date of said decision. The City Council shall hold a hearing upon any such appeal and its decision shall be final. 4.14.045 AMUSEMENT DEVICE ARCADE PERMITS. In the event said application is for an amusement device or devices which, together with any other such devices on the premises, are of a sufficient number to qualify said premises as an amusement device arcade, said application shall be accompanied by an amusement device arcade application fee in an amount as established by resolution of the City Council. As used in this Chapter, the term "amusement device arcade" means any premises containing five or more amusement devices, or any premises wherein not less than twenty-five percent of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or accessory use of the premises. Said application shall be accompanied by an amusement device arcade application fee in an amount as established by resolution of the City Council. In addition to the approval specified in Section 4.14.040 hereof, said application shall be referred to the Community Development and Planning Director by the License Collector for the purpose of review and investigation. Upon -3- receipt of said application, the Community Development and Planning Director shall examine said application and determine whether the premises are properly zoned for said proposed use. The premises shall be deemed properly zoned for said use if zoned commercial or if said use existing pursuant to a conditional use permit within any other zone. If the premises are not properly zoned for said use, the application shall be denied. If the premises are properly zoned for said use, the Community Development and Planning Director shall mail written notice of such application to each business or residence located within a radius of three hundred (300) feet from the particular premise within which said arcade is proposed. Said notice shall be mailed postage prepaid and may be addressed to "resident" or "occupant." Failure of any person to receive said notice shall not affect the validity of the proceedings pursuant to this section. Said notice shall specify a date and place, not less than ten (10) days from the date of mailing of said notice, within which said occupants or residents may, in person or by mail, protest the approval of said permit. All such mailed protests must be received by the Community Development and Planning Director on or before the date specified in the notice to be valid. Immediately following expiration of the date for protests specified in said notice, the Community Development and Planning Director shall approve said permit unless a protest has been received from a majority of the businesses and residences located within a radius of three hundred (300) feet from the particular premises within which said arcade is proposed. In the event of a majority protest, said permit shall be denied. The decision of the Community Development and Planning Director shall be made in writing and a copy thereof mailed or personally served upon the applicant. Any interested person may appeal the decision of the Community Development and Planning Director to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days from the date of said decision. The City Council shall hold a hearing upon any such appeal and notice thereof shall be given to surrounding businesses and residences in the manner hereinabove provided. The City Council shall approve said permit unless it finds and determines that either (1) said application fails to conform to the requirement of this chapter, or (2) the property on which the use is proposed is not properly zoned for said use, or (3) approval of said permit would be contrary to the public interest, health, safety, morals or general welfare. The decision of the City Council shall be final. 4.14.050 ISSUANCE OF LICENSE -CONTENTS -POSTING. Upon the approval of the application by the Chief of Police and the Community Development and Planning Director, or their authorized designees, or upon approval by the City Council upon appeal, the License Collector shall issue a license to the applicant upon the payment of the license fee as hereinafter provided. Each license shall show: -4- .010 The name of the licensee. .020 The address at which the game, recreational or mechanical amusement device is to be operated. .030 The serial number of the license. .040 The expiration date of the license. .050 Sufficient desciption of the particular device, including its serial number, to identify it. The operator of any such machine shall keep such license continuously attached to the machine and in a position where it is conspicuous and readily visible to any person operating the machine. 4.14.060 TRANSFER OF LICENSE FROM MAChINE TO MACHINE- APPLICATION. A transfer may be made of a license from one amusement or game machine to another of the same character and mode of operation during the period for which the same has been licensed in the first instance where the ownership and place of business remains the same, upon written application for such transfer by the licensee thereof to the License Collector on a form to be obtained from the License Collector, and the approval of such application by the Chief of Police. 4.14.070 UNLAWFUL DEVICES PROHIBITED. Nothing in this chapter contained shall be construed to permit the licensing, maintenance or operation of any mechanical device or apparatus which is contrary to any of the laws of the State or the ordinances of the City; nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of said laws or ordinances. 4.14.080 SEIZURE OF UNLAWFUL DEVICES -HOLDING PERIOD -DISPOSAL In the event that any person or persons, firm, copartnership or corporation shall conduct, carry on or manage the business of maintaining any game, exhibition, shuffleboard game, or recreational, mechanical or musical device or shall operate any of such devices without obtaining a permit and/or license therefor, or shall fail to pay the permit and/or license fees therefor as provided in this Code, the Chief of Police shall seize such game, exhibition, amusement, recreational, mechanical or musical device and hold them as security for payment of the permit and/or license fee, and until a permit and/or license is obtained or renewed, and in the event the person owning or having control or possession of the device shall fail, within a period of thirty (30) days to obtain a permit and/or license or pay any fees due, then and in that event the device shall be disposed of as follows: -5- The device or devices or so many thereof shall be sold to satisfy the amount of permit/license fees due the City and any device or devices not sold shall be returned to the owner therof; and provided further that in the event the device or devices be sold for a sum of less than the amount of the permit/license fee that the operator of the devices shall, nevertheless, remain liable for the balance of such fees due and unpaid thereon. 4.14.090 RESTRICTION ON AGE OF PERMITTEE. No person under the age of eighteen (18) years of age shall be eligible for issuance of a license or permit under this Chapter 4.14. SECTION 2. That Chapter 4.98 be and the same is hereby, added to title 4 of the Anaheim Municipal Code to read as follows: "Chapter 4.98 ANNUAL HALLOWEEN PARADE AND FESTIVAL 4.98.010 PERMIT REQUIRED. No person, firm, partnership or corporation shall display, sell or peddle or engage in the business of selling or peddling any goods, wares, merchandise, food items or other things of value in the streets or on the sidewalks or curbs of the City of Anaheim along the route of any halloween parade during the Annual Halloween Parade and Festival held in the City of Anaheim on the Friday and Saturday nearest October 31st of each year, as determined by the City Council, except as provided in this chapter, unless otherwise licensed under the provisions of this Code. 4.98.020 LICENSE DIVISION TO ISSUE PERMIT. Permits for the temporary display, sale and peddling of goods, wares, merchandise, food items or other things of value in the streets or on the sidewalks or curbs of the City of Anaheim along the route of any halloween parade during the Annual Halloween Parade and Festival shall be issued by the City License Division after approval of an application for such permit as provided by Section 4.98.040 of this chapter. 4.98.030 PERMITS, ISSUANCE. Permits for the display, sale and peddling of goods, wares, merchandise, food items or other things of value in the streets or on the sidewalk or curbs of the City of Anaheim along the route of any halloween parade during the Annual Halloween Parade and Festival held in the City of Anaheim on Friday and Saturday nearest October 31st of each year, as determined by the City Council, shall be issued only to charitable, fraternal, patriotic, service, religious or school organizations which have existed continuously in the City of Anaheim for one year prior to the issuance of such permit. Each organization shall be limited to one permit per year. Such permits shall not be transferable. Permits shall be issued to organizations that submit to the City License Division a roster of active members showing that the membership consists of at least seventy percent of persons who reside in the City of Anaheim. Disabled veterans are exempt from the provisions of this chapter, if qualified for exemption, as provided by Section 16001 of the California Business and Professions Code and Chapter 3.04 of the Anaheim Municipal Code. 4.98.040 APPLICATION FOR PERMIT. Applications for such temporary permits shall be made in writing and filed with the City License Division not later than October 1st of each year, and shall state the name of the applicant, names of persons who will actually handle and sell the goods, wares, merchandise, food items or other things of value to be sold. Applications by charitable, fraternal, patriotic, service, religious, or school organizations shall state the name of such organization to which the proceeds will be donated or otherwise received. Copies of said application shall be sent to the Police Department and the Fire Department. 4.98.050 FILING FEE. The application shall be accompanied by a filing fee payable to the City of Anaheim in the sum of five dollars, no part of which shall be waived or refunded. 4.98.060 EXPIRATION OF TEMPORARY PERMIT. Every temporary permit for the display, sale or peddling of goods, wares, merchandise, food items or other things of value during the Annual Halloween Parade and Festival shall expire on November 5th of the year for which said permit was approved and issued. 4.98.070 APPEAL FROM DENIAL OF PERMIT. If the application for a temporary permit be disapproved by the City License Division on the ground that the provisions of this chapter have not been complied with, the applicant may take an appeal from such action by filing a written notice of appeal from such denial with the City Council. Such written notice shall be filed with the City Clerk within ten days of the date of receipt by the applicant of written notice of denial from the City License Division. -7- Such written notice of appeal shall set forth the reasons for appeal from the denial of the application. Upon receipt of a notice of appeal, a hearing shall be set before the City Council not less than ten days, nor more than fifteen days from the date of the filing of the appeal. Upon such hearing, the Council may deny the application or grant the application upon such conditions as the Council may deem proper. Such determination by the City Council shall be final. 4.98.080 PENALTY FOR VIOLATIONS. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and shall, upon conviction thereof, be punishable by a fine, not exceeding five hundred dollars, or by imprisonment in the County Jail not exceeding six months, or by both such fine and imprisonment. Failure of a permittee to conform to all applicable provisions of this chapter shall consitute ground for denial of a subsequent permit under this chapter. 1989. SECTION 3. EFFECTIVE DATE This ordinance shall become effective January 1, SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION S. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. ZZ THE FOREGOING by the City Council of day of August, 1988. ATTEST: ORDINANCE is approved and adopted the City of Anaheim this 31st MAYOR OF THE CITY OF ANAHEIM / jb 1543L 010787 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEI14 ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4951 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of July, 1988, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 30th day of August, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4951 on the 31st day of August, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 31st day of August, 1988. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4951 and was published once in the Anaheim Bulletin on the 9th day of September, 1988.