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5410i ORDINANCE NO. 5410 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.14.045, 4.14.050, 18.01.020, 18.42.050, 18.44.050 AND 18.61.050 OF CHAPTERS 4.14, 18.01, 18.42, 18.44 AND 18.61 OF TITLES 4 AND 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO AMUSEMENT DEVICES AND ARCADES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 4.14.045 of Chapter 4.14 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 114.14.045 AMUSEMENT DEVICE ARCADE PERMITS - CONDITIONAL USE PERMIT REQUIRED. .010 'Amusement device arcade' as used in this Code shall mean any premises containing five (5) or more amusement devices, as defined in Section 18.01.020 of this Code, or any premises wherein not less than twenty-five percent (25%) of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises. .020 Notwithstanding any other provision of this Code to the contrary, no person shall establish, conduct, operate or maintain any - amusement device arcade without first having obtained a conditional use permit therefor, pursuant to the provisions of Chapter 18.03 of Title 18, "Zoning," of this Code." SECTION 2. That Section 4.14.050 of Chapter 4.14 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.14.050 ISSUANCE OF LICENSE -CONTENTS -POSTING Upon approval of the application by the Chief of Police or his or her authorized designee, or upon approval by the City Council on appeal, and upon approval or conditional approval of a conditional use permit by the Planning Commission or City Council, the License Collector shall issue a license to the applicant upon payment of the license 6 fee as hereinafter provided. Each license shall show: .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 description 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." SECTION 3. That Section 18.01.020 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.01.020 'A' WORDS, TERMS AND PHRASES. 'Accessory.' A building, part of a building or structure, or a use which is subordinate to, and the use of which is incidental to, that of the main building; provided that if fifty (50) percent or more of the wall of an accessory building constitutes a common wall with the main building, or if the roof of the accessory building at its full width or length, as the case may be, is a physical continuation of the roof of the main building, then such accessory building shall be counted as a part of the main building. 'Accessory Living Quarters.' Living quarters within an accessory building for the sole use of persons employed on the premises or for temporary use by guests of occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling. 'Alley.' A public or private way permanently reserved as a secondary means of access to abutting property. 2 I 'Amendment.' A change in the wording, context or substance of this title, or a change in the zone boundaries upon the Zoning Map, a part of this title, when adopted by ordinance passed by the City Council in the manner prescribed by law. 'Amusement device.' Any game, exhibition, shuffleboard game, or amusement or recreational device, or any mechanical or electronic 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, with the exception of machines for the dispensing of music. 'Amusement device arcade.' Any premises containing five (5) or more amusement devices, or any premises wherein not less than twenty-five percent (25%) of the public floor area is devoted to amusement devices, whether or not said devices constitute the primary use or an accessory use of the premises. 'Apartment.' A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family. 'Apartment Hotel.' A building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units. 'Apartment House.' See 'Dwelling, Multiple.' 'Automobile Wrecking.' The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts." SECTION 4. That Section 18.42.050 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .012, which subsection .012 shall read as follows: 11.012 Amusement device arcades, integrated within a hotel or motel only, with no public access directly from the exterior of the building, and subject to the provisions of Chapter 4.14, entitled 'Amusement Devices,' of this Code." C i SECTION 5. That Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .025, which subsection .025 shall read as follows: 11.025 Amusement device arcades, subject to the provisions of Chapter 4.14, entitled 'Amusement Devices,' of this Code." SECTION 6. That Section 18.61.050 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto two new subsections, .015 and .619, which subsections .015 and.619, respectively, shall read as follows: 11.015 Amusement device arcades, only when integrated within a hotel, motel or motor inn, or within a bowling alley or other conditionally permitted recreational use, and with no public access directly from the exterior of the building, and subject to the provisions of Chapter 4.14, entitled 'Amusement Devices,' of this Code." 11.619 Amusement arcades, only when integrated within a hotel, motel or motor inn, or within a bowling alley or other conditionally permitted recreational use, and with no public access directly from the exterior of the building, and subject to the provisions of Chapter 4.14, entitled 'Amusement Devices,' of this Code." SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, 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 8. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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, 4 i shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 30th day of November , 1993. (-7;A�'4- 7); rz� MAYOR -OF THE CITY OF AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHETM- 2018.1\EEGAN\November 15, 1993 5 i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5410 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 16th day of November, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 30th day of November, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5410 on the 1st day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of December, 1993. -IL s4\t CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5410 and was published once in the Anaheim Bulletin on the 9th day of December, 1993. a'— CITY CLERK OF THE CITY OF ANAHEIM