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(a) Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the name, address and telephone number of the owner of the mechanical amusement device, and, in addition thereto, if wired for electricity, the voltage and current necessary for the proper operation of said mechanical amusement device.
(b) Where it is necessary to install electric wiring to said mechanical amusement device location, said wiring shall be installed by a registered electrical contractor in accordance with the provisions of the San Francisco Electrical Code.
(Amended by Ord. 123-86, App. 4/11/86; Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
(a) Nothing in Sections 1036 to 1036.24, inclusive, shall be construed to authorize or permit either the use or operation of any gambling device whatsoever, including games of chance prohibited under Article 3, or of any mechanism that has been judicially determined to be a gambling device in any way contrary to law, or to authorize or permit any other conduct otherwise unlawful. Nothing in this Section 1036.2 shall preclude an award of a free game or games upon a mechanical amusement device.
(b) Permit Required.
(1) It shall be unlawful for any person to install, operate or maintain to be operated in the City:
(A) an Arcade without first having obtained a permit in writing to do so from the Entertainment Commission ("Arcade Permit"); or
(B) two to ten mechanical amusement devices as an Ancillary Use in a Bar without first having obtained a permit in writing to do so from the Director or his or her designee ("Ancillary Bar Use Permit").
Accordingly, an Ancillary Use consisting of either one mechanical amusement device in a Bar or up to ten mechanical amusement devices operated on a premises that is not a Bar does not require a permit.
(2) It shall be unlawful tor any person to install, operate or maintain to be operated an Arcade or Ancillary Use for which a permit has been granted (A) after the permit has been revoked or is otherwise invalid or (B) for any period of time during which the permit has been suspended.
(3) Any premises where a mechanical amusement device permit is sought must conform to all City ordinances, including but not limited to health, safety, zoning, fire and building ordinances.
(d) The provisions of Sections 1036 to 1036.24, inclusive, shall not apply to (1) any machine or mechanical amusement device which, in return for the coin deposited in said mechanical amusement device, will deliver the equivalent value of said coin in merchandise; provided, that no prize, reward, bonus or other thing of value is delivered with said merchandise, or (2) coin-operated billiard, pool or combination tables, which are subject to the licensing provisions of this Code in accordance with Sections 1037 to 1037.3, inclusive, and Sections 510 and 510.1.
(Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
Application for a mechanical amusement device permit required under subsection (b) of Section 1036.2 shall be made to the Entertainment Commission in the case of an Arcade Permit, or to the Director in the case of an Ancillary Bar Use Permit, on forms provided by the Entertainment Commission, shall be signed by the applicant and be accompanied by payment of the filing fee set forth in Section 2.26, except that the Ancillary Bar Use Permit shall not be subject to the filing fee. If an applicant submits an application for an Arcade Permit or Ancillary Use Permit, and the application is not granted, conditionally granted, or denied within 12 months, the Director shall require the applicant to submit a new application for an Arcade Permit or Ancillary Use Permit that shall be accompanied by the payment of a new filing fee, as set forth in Section 2.26, at the time of submission of the new application. The application shall contain the following information in addition to whatever additional information is deemed necessary by the Director or the Entertainment Commission:
(a) Name of the applicant.
(b) The name and address of any person, other than the applicant, who holds any right, title or interest in or to each mechanical amusement device for which a permit is sought, and in those instances where such person is other than an individual, there shall be filed with the Entertainment Commission and kept available for public inspection, a statement showing, in the case of a partnership, the names and addresses of the partners; in the case of a corporation, the names and addresses of the majority stockholder(s) and directors and in the case of a business trust, the names of the trustor, trustee, and beneficiary or beneficiaries.
(c) Where said mechanical amusement device is to be placed, maintained to be operated or operated; and, if said mechanical amusement device or devices are to be placed, maintained to be operated or operated in connection with any other business or calling, the character of said business or calling.
(d) The maximum number of mechanical amusement devices to be placed, maintained to be operated or operated at the location for which the permit is requested.
(a) When an application is filed for an Arcade Permit or for an increase in the number of mechanical amusement devices authorized under an existing Arcade Permit pursuant to Section 1036.3, the Director shall fix a time and place for a public hearing thereon and the Entertainment Commission shall hold the hearing and determine whether to grant or deny the permit within 45 City business days of the date that the applicant has submitted a complete application under Section 1036.3, except that this 45-day period shall be extended for such period or periods of time that apply under the following circumstances:
(1) If the Entertainment Commission finds that an extension of time is necessary to obtain additional information for its review of the application under the standards set forth in Section 1036.5, the time period shall be extended for an additional amount of time as the Commission determines appropriate, up to 15 additional days.
(3) If the applicant fails to post or maintain notice of the hearing as required by Subsection (b) of this Section 1036.4, the Director shall have the hearing before the Entertainment Commission continued for such period or periods of time that the Director determines necessary for the applicant to comply with the posting requirement, in which case the time period is extended for that additional period or periods of time.
(4) If the Director finds that the Entertainment Commission is unable to meet during the 45-day time period or any permitted time extension due to emergency circumstances, the time period shall be extended until the Commission is able to meet; the Commission shall consider the matter at the first meeting that it conducts following such circumstances.
(b) Not less than 10 days before the date of such hearing, the applicant shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the mechanical amusement devices are to be operated. Such notice shall set forth the type of mechanical amusement devices and the maximum number thereof which the applicant intends to operate. The applicant shall maintain said notice as posted until after the date of the hearing.
(c) If the Commission does not grant or deny the Arcade Permit within the time required by Subsection (a) of this Section 1036.4, including any extensions of time provided for in Subsections (a)(1)-(4), the permit sought by the applicant shall be deemed granted, conditioned on the requirements that the Permittee obtain all required permits from other City departments within nine months in accordance with Subsection (g) of Section 1036.5 and comply with all the requirements of Sections 1036 through 1036.24.
(d) The provisions of this Section 1036.4 shall not apply to an application for an Ancillary Bar Use Permit. Such permit applications shall be reviewed and decided by the Director without a formal hearing, provided that if the Director, Entertainment Commission and/or Police Department has received more than one complaint in the last twelve months regarding the permit applicant and/or the subject premises, the Director shall have the discretion to submit such application for an Ancillary Bar Use Permit to the Entertainment Commission for its determination whether to grant or deny the permit under the provisions of Section 1036.5.
(Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
(a) Upon receipt of an application for a mechanical amusement device permit, the Director shall promptly transmit a copy of the application, including notice of the hearing date in the case of an Arcade Permit application, to the Chief of Police or the Chief's designee, the Director of the Planning Department or the Director's designee, and, for those applications for permits to maintain for operation mechanical amusement devices which are wired for electricity, the Director of the Department of Building Inspection or the Director's designee.
(b) If the permit applicant has not obtained all permits required for the operation of the mechanical amusement device(s) from other City departments by the date of the hearing on the application for an Arcade Permit or by the date of the Director's decision for an Ancillary Bar Use Permit, the Entertainment Commission, or the Director as applicable, may grant a conditional permit pending the issuance of the other required City permits; provided, however, the Commission, or the Director as applicable, shall take this action only if sufficient information has been provided to allow for adequate evaluation of the application and if grounds for denial, as set forth in Subsection (c), are not present. No Person may operate an Arcade or Ancillary Use for which a permit has been conditionally granted unless and until the Person has obtained all permits and authorizations required from other City departments.
(c) The Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, shall grant or conditionally grant the permit unless a finding is made that:
(1) The premises or the proposed operation of the Arcade or Ancillary Use does not comply with the health, zoning, fire and safety requirements of the laws of the State of California or City ordinances applicable to the Business;
(2) The building, structure, equipment or location of the proposed Arcade or Ancillary Use cannot adequately accommodate the type and volume of pedestrian traffic anticipated;
(3) The premises or the proposed operation of the Arcade or Ancillary Use would substantially interfere with the public health, safety and welfare or the peaceful enjoyment of neighboring property;
(4) If there is an unresolved citation applicable to the premises that has been issued by a City department, the permit shall not be granted without documented authorization from the department that issued the citation; or
(5) There has been a previous denial of a permit application or previous suspension or revocation of a mechanical amusement device permit for the same permit applicant within the last 12 months, or the specific circumstances surrounding a previous denial, suspension or revocation from more than one year ago warrant denial.
In the case of the Entertainment Commission's denial of an Arcade Permit, the Commission shall state in writing, or on the record at the hearing, the reason(s) for the denial. In the case of the Director's denial of an Ancillary Bar Use Permit, the Director shall state in writing the reason(s) for the denial. A permit applicant whose application has been denied may renew the application subject to the limitations set forth in Section 31 of the Business and Tax Regulations Code.
(d) If the Chief of Police or the Chief's designee, or the Director of the Department of Building Inspection or the Director's designee, objects in writing, or in the case of an Arcade Permit, at the Commission hearing, to the granting of the permit on the basis that one or more of the findings stated in Subsections (c)(1)-(5) above apply, the Commission, or the Director as applicable, may not issue the permit without specifically addressing the objection in writing or, in the case of an Arcade Permit, on the record at a Commission meeting, and explaining specifically why the objection does not warrant the finding.
(e) The Director shall forward to the Director of the Department of Building Inspection written notice of the conditional granting or denial of said permit if said mechanical amusement device is wired for electricity. The Department of Building Inspection shall promptly respond to requests from permit applicants for inspection of mechanical amusement devices wired for electricity.
(f) When the Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, grants or conditionally grants a mechanical amusement device permit, the Commission or the Director as applicable may impose additional reasonable time, place and manner conditions on the permit. In considering whether to impose said conditions, the circumstances surrounding any previous denial of a permit application or previous suspension or revocation of a permit for the same permit applicant or Permittee shall be considered.
(g) If an applicant has been conditionally granted a permit but has not obtained all of the permits required from other City departments within nine months from the date that the Entertainment Commission in the case of an Arcade Permit, or the Director in the case of an Ancillary Bar Use Permit, conditionally granted the permit, the conditionally granted permit shall expire by operation of law and be void. If, during the nine-month period, the Director of the Department of Building Inspection objects to the application for a mechanical amusement device permit on the grounds that the permit does not comply with the San Francisco Building Code or Electrical Code , the applicant shall have the opportunity of correcting such conditions as have been disapproved and if such conditions have been corrected to the satisfaction of the Director of the Department of Building Inspection, the permit may be issued.
(h) Appeals.
(1) Arcade Permits. The Commission's granting, denial, suspension or revocation of an Arcade Permit, including a conditionally granted permit or an amendment to a permit, or the Commission's revocation of an Ancillary Bar Use Permit, may be appealed to the Board of Appeals within ten days of the decision of the Entertainment Commission, as provided in Section 8 of the Business and Tax Regulations Code.
(2) Ancillary Bar Use Permit. The Director's granting, denial or suspension of an Ancillary Bar Use Permit, including a conditionally granted permit or an amendment to a permit, may be appealed to the Entertainment Commission by filing a written request for review within five City business days of the Director's decision. The Entertainment Commission shall hear and decide the appeal as expeditiously as possible, but in no event later than 21 days after the date that the appeal is filed. The Entertainment Commission may reverse the Director's decision only upon a finding that there was either error or abuse of discretion on the part of the Director. The Entertainment Commission's decision on the appeal may be appealed to the Board of Appeals within ten days of the decision of the Commission, as provided in Section 8 of the Business and Tax Regulations Code.
(3) Exhaustion Not Required. Permittee or permit applicant may seek immediate judicial review of the actions described in Subsections (h)(1) and (h)(2) of this Section pursuant to California Code of Civil Procedure Section 1085 or Section 1094.8, as these provisions may be amended, including any successor provisions, or any other procedure provided by law. The Permittee or permit applicant may, but is not required to, exhaust his or her administrative remedies before the Entertainment Commission or before the Board of Appeals.
(Amended by Ord. 401-82, App. 8/13/82; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
No permit shall be issued to any applicant relating to any mechanical amusement device that is designed or adapted to allow the insertion of additional coins, slugs or tokens in order to change the odds, grant bonuses, or otherwise affect the method of play or the outcome of the game or constitute, result in or enable illegal gambling. The Chief of Police or his or her designee may impound any mechanical amusement device being used in violation of this Section 1036.6; and, if any court of competent jurisdiction shall determine that said mechanical amusement device, or the use or operation thereof violates or has violated any of said laws, ordinances, rules or regulations, said mechanical amusement device shall be forfeited to the City.
(Amended as Sec. 1036.8 by Ord. 125-85, App. 3/14/85; redesignated and amended by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
(Former Sec. 1036.6 added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; deleted by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
(Added as Sec. 1036.9 by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; redesignated and amended by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
(Former Sec. 1036.7 added by Ord. 555-81, App. 11/12/81; amended by Ord. 164-02, File No. 020783, App. 7/26/2002; deleted by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
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