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4239ORDINANCE NO. 4239 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING SECTIONS 3.24.030, 3.24.040 AND 3.24.050 OF CHAPTER 3.24, ADDING NEW SECTION 3.24.045 TO CHAPTER 3.24, AND AMENDING SECTION 3.28.010 OF CHAPTER 3.28 OF TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO AMUSEMENT DEVICES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 3.24.030, 3.24.040 and 3.24.050 of Chapter 3.24 of Title 3 of the Anaheim Municipal Code be, and the same are hereby, amended, and new Section 3.24.045 be, and the same is hereby, added to Chapter 3.24 of Title 3 of the Anaheim Municipal Code, to read as follows: "3.24.030 APPLICATION FOR PERMIT AND LICENSE. Application for a permit and license to operate any game, amusement exhibition, shuffleboard game or recreational or mechanical amusement device shall be made 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 estab- lishments 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 should be required of the applicant, giving the time and place of such convictions. -1- .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 purposes whatso- ever. .090 A complete description of the game, recre- ational 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, to- gether with the State and date of incorporation and names and residence addresses of each of its current of- ficers and directors, and of each stockholder holding more than five percent (5%) of the stock of the corpor- ation. If the applicant is a partnership, the applica- tion shall set forth the name and residence addresses of each of the partners, including limited 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 pertain- ing 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 sus- pended 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." -2- "3.24.040 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." "3.24.045 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 as defined in Section 3.28.010 of this Code, said application shall be accompanied by an amusement device arcade applica- tion fee in a amount as established by resolution of the City Council. In addition to the approval specified in Section 3.24.040 hereof, said application shall be referred to the Planning Director by the License Collector for the purpose of review and investigation. Upon receipt of said application, the Planning Director shall examine said appli- cation 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 will be incidental to a commercial use existing pursuant to a conditional use permit within any other zone. If the premises are not properly zoned .for said use, the applica- tion shall be denied. If the premises are properly zoned for said use, the 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 premises within which said arcade is pro- posed. 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 va- lidity 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 Icis mailed protests must be received by the 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 Planning Director shall approve said permit unless a protest has been received from a majority of the businesses and resi- dences _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 Planning Director shall be made in writing and a copy thereof mailed or per- sonally served upon the applicant. Any interested person may appeal the decision of the 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 de- cision. The City Council shall hold a hearing upon any such appeal and notice thereof shall be given to surround- ing 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 requirements of this Chapter, or (2) the property on which the use is proposed is not prop- erly 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." "3.24.050 ISSUANCE OF LICENSE -CONTENTS -POSTING. Upon the approval of the application by the Chief of Police and the 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: .010 The name of the licensee. .020 The address at which the game, recrea- tional 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." 1XI'_ SECTION 2. That Section 3.28.010 of Chapter 3.28 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "3.28.010 AMUSEMENT DEVICE ARCADES -SHOOTING GALLERIES -ARCHERY RANGES -GAMES OF SKILL -WHERE CHARGE IS PAID Every person conducting, managing or carrying on any amusement device arcade, shooting gal- lery, shooting range, archery range, or carrying on any game of ball rolling, ring throwing, disc throwing, stick throwing, or any game or games of skill or science not otherwise specifically provided for in this chapter, in which a charge is paid for participating therein, shall pay an annual license of one hundred dollars ($100.00). The term 'amusement device' as used herein shall mean any device for which a license or per- mit is required pursuant to Chapter 3.24 of the Anaheim Municipal Code. The term 'arcade' as used herein shall mean any premises containing five (5) or more amusement devices, or any premises wherein not less that twenty- five percent (25%) of the public floor area is devoted to amusement devices, whether or not said devices con- stitute the primary use or accessory use of the premises." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter 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 chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. 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 viola- tions were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal pro- visions 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. -5- SECTION 5. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen - (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 14th day of July, 1981 MAYOW OF THE CITY OF ANAHEIM Pro Tem ATTEST: CITY CLERK. OF THENCITY OF ANAHEIM JLW:fm STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4239 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of July, 1981, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of July, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 4239 on the 14th day of July, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of July, 1981. CITY CLERK OF THE CI OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4239 and was published once in the Anaheim Bulletin on the 24th day of July, 1981. CITY CLERK