ORD-45-83 REGULATES CERTAIN AMUSEMENT BUSINESSES AND DEVICES IN DISTRICTS C-1 C-2 M-1 R-0ORDINANCE NO. 45-
83 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE APPROVING AN
AMENDMENT TO THE ORANGE MUNICIPAL CODE
REGULATING CERTAIN AMUSEMENT BUSINESSES AND
AMUSE-MENT DEVICES IN THE C-l, C-
2, M-
l AND
R-O DISTRICTS.
AMENDMENT 4-83 CITY OF ORANGE WHEREAS, the
Planning Commission heretofore has held a duly advertised
public hearing on the hereinafter described amendment to the
Orange Municipal Code and has recommended to the City
Council, by
Resolution No. PC-77-83, approval thereof;
and WHEREAS, allowing certain amusement businesses as an accessory use
in the C-l and R-O Districts
will eliminate
numerous non-conforming uses that presently exist in
those zones; and WHEREAS, the staff has
generally encountered few, if any, enforcement problems in establishments
which are limited to three or less amusement devices and, therefore,
the City Council has determined that it will not be
detri-mental to the community to allow businesses located in the
C-l, M-l and R-O Districts
to have three or
less amusement devices provided there exists no external
advertising on their fUlly-enclosed buildings; and WHEREAS, the staff
has found that amusement devices located in a
primary and enclosed building result in a greater
ability of
managers and supervisory personnel to effectively monitor
these devices in their business estab-lishments;
and WHEREAS, all amusement device applications should be heard and
determined by the Zoning
Administrator.NOW,
THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:SECTION I:Subsection G
of Orange Municipal Code Section 17.42.
030 shall be added to read as follows:G.
Establishments with three or less amusement devices upon
the premises with no external advertising of amusement devices,
ted in any accessory structure. In addition, all
amusement devices are located so as to be visible at all
times by one or more employees of the business."
Subsection L of Orange Municipal Code Section 17.42.040
shall be amended to read as follows:
L. Amusement Devices. Establishments where
customer use or operation of coin-operated
pinball machines or similar amusement devices are
proposed under anyone of the following
circumstances:1. The use and operation of such machines
represents only an accessory business at the premises
at which the machines are located. In order
to represent an accessory business, gross
revenue from such machines shall not exceed 25% of
such revenues from the business at the premises,
and a minimum of 75% of gross revenues must
be generated by the primary
use.2. Regardless of the type of business or
businesses conducted at the premises, fifteen (15) or
more such machines or devices are
located.3. In any business premises where four (4) or
more such machines or devices exist adjacent to or
in close proximity to each other and the
building floor area occupied by these machines or
devices exceeds five percent (5%) of the total floor
area accessible to the general
public.4. All amusement devices remain within a
completely enclosed building, except that no devices
are permitted in any accessory structures. In
addi-tion, all amusement devices be located so as to
be visible at all times by one or more employees
of the
business.Because of the police problems relating to said
use,a conditional use permit shall not be issued unless
a determination can be reasonably made that use is
compati-ble with land use in the surrounding area. A
conditional use permit granted for such use may be subject to any or
all of the following
conditions:a. Regulation of hours of
operation.b. Adequate area
lighting.c. Provisions for private security
guard.d. Review by City of conditional use permit
period-ically to assure that no increase in
police services is
required.Ord. No. 45-
e. Assurance of adequate visibility of all amusement
devices.
f. Such other conditions as the Planning Commission
shall deem necessary to protect the public health,
safety and welfare."
SECTION II:
Subsection C of Orange Municipal Code Section 17.44.040
shall be added to read as follows:
c. Amusement Devices. Establishments where
customer use or operation of coin-operated
pinball machines or similar devices are proposed under
any one of the following
circumstances:1. The primary business conducted at the
premises is the use and operation of such
machines.2. Regardless of the type of business or
businesses conducted at the premises, fifteen (15) or
more such machines or devices are
located.3. In any business premises where four (4) or
more such machines or devices exist adjacent to or
in close proximity to each other and the
building floor area occupied by these machines or
devices exceeds five percent (5%) of the total floor
area accessible to the general
public.4. All amusement devices shall remain within a
com-pletely enclosed building, except that no
devices are permitted in any accessory structures.
In addition, all amusement devices are located so
as to be visible at all times by one or more
employees of the
business.Because of the pOlice problems relating to said
use,a conditional use permit shall not be issued unless
a determination can be reasonably made that use is
compatible with land use in the surrounding area. A conditional
use permit granted for such use may be subject to any or all
of the following
conditions:a. Regulation of hours of
operation.b. Adequate area
lighting.c. Provisions for private security
guard.d. Review by City of conditional use permit
period-ically to assure that no increase in
police services is
required.Ord. No. 45-
e. Assurance of adequate visibility of all amusement
devices.
f. Such other conditions as the Planning Commission
shall deem necessary to protect the public health,
safety and welfare."
SECTION III:
Subsection E of Orange Municipal Code Section 17.46.030
shall be added to read as follows:
E. Establishments with three or less amusement
devices upon the premises with no external advertising
of amusement devices, and all amusement devices located
within a completely enclosed building with no devices
permitted in any accessory structure. In addition, all
amusement devices are located so as to be visible at all
times by one or more employees of the business."
SECTION IV:
Subsection 7 of Orange Municipal Code Section 17.52.030
shall be added to read as follows:
7. Establishments with three or less amusement
devices upon the premises with no external advertising of
amusement devices, and all amusement devices located
within a completely enclosed building with no devices
permitted in any accessory structure. In addition, all
amusement devices are located so as to be visible at all
times by one and more employees of the business."
Subsection 21 of Orange Municipal Code Section 17.52.040
shall be added to read as follows:
21. Amusement Devices - as provided in accordance with
the regulations, conditions and limitations specified in
Subsection L of Orange Municipal Code Section 17.42.040."SECTION
V:Subsection
G of Orange Municipal Code Section 17.94.050 shall
be added to read as follows:G.
Permits to allow amusement devices in appropriate zones
as prescribed."SECTION
VI:A
summary of this Ordinance shall be published and a certi-fied
copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted.Ord.
No. 45-83 4-
A summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinance's passage in the Orange
City News, a newspaper of general circulation, published and cir-
culated in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those City Council
members voting for and against the Ordinance in accordance with
Government Code Section 36933. This Ordinance shall take effect
thirty (30) days from and after the date of its final passage.
ADOPTED this 8th day of November , 1983.
ATTEST:
Cit~g~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing ordinance
was introduced at the regular meeting of the City Council
held on the 25th day of October , 1983, and
thereafter at a regular meeting of said City Council duly
held on the 8th day of November , 1983, was
duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEA~1, PEREZ, BEYER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
WITNESS my hand and seal this 9th day of November
1983.
P ~?tdL41/
Marl.lyn J. ensen
City Clerk of the City of Orange
5-