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Violations of Sections 1036 through 1036.24, inclusive, shall be subject to the provisions for criminal, administrative, civil penalties set forth in Section 1060.25, in addition to the permit suspension and revocation provisions set forth in Section 1036.16. Any person who violates any of the provisions of Sections 1036 to 1036.24, inclusive, more than once or who violates Section 1036.6, may be precluded from procuring any further permits for a mechanical amusement device.
(Amended as Sec. 1036.24 by Ord. 401-82, App. 8/13/82; 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)
(Amended as Sec. 1036.25 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of Sections 1036 to 1036.24, inclusive, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of Sections 1036 to 1036.24, inclusive. The Board of Supervisors hereby declares that it would have enacted Sections 1036 to 1036.24, inclusive, and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of said sections would be subsequently declared invalid or unconstitutional.
(Amended as Sec. 1036.28 by Ord. 401-82, App. 8/13/82; redesignated and amended by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
(a) Prohibited. It shall be unlawful for any owner or operator of a mechanical amusement device to cause, permit or allow same to be located, operated or maintained to be operated, and neither the Director nor the Entertainment Commission may issue a permit for said devices, within any area of the City zoned exclusively for residential use, as defined in Section 102 of the Planning Code or any successor legislation. The restrictions set forth in this Subsection (a) shall not apply (1) in such areas as may be designated by resolution of the Board of Supervisors, or (2) to nonprofit religious institutions, schools, hospitals, convalescent and nursing homes and nonprofit community centers.
(b) Ancillary Use: One Through Ten Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3 and except where prohibited by Subsection (a) of this Section 1036.23 or by the Planning Code, an owner or operator of a mechanical amusement device or devices may cause, permit or allow same to by located, operated or maintained to be operated within any area of the City one through ten mechanical amusement devices as an Ancillary Use.
(c) Arcades: Eleven or More Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3 and except where prohibited by Subsection (a) of this Section 1036.23 or by the Planning Code, the owner or operator of mechanical amusement devices may operate an Arcade.
(Former Sec. 1036.23 amended by Ord. 401-82, App. 8/13/82; deleted by Ord. 195-14
, File No. 140776, App. 9/19/2014, Eff. 10/19/2014)
A Permittee for an Arcade Permit or an Ancillary Use Permit shall comply with such reasonable requirements as determined by the Director or the Entertainment Commission to be necessary to minimize danger to the community resulting from the operation of the mechanical amusement devices. These requirements shall be set forth in the permit or, in the event circumstances change, by appropriate amendment to the permit.
(Added as Sec. 1036.32 by Ord. 401-82, App. 8/13/82; 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; amended by Ord. ; amended by Ord. 250-23, File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023), File No. 230861, App. 12/14/2023, Eff. 1/14/2024, Retro. 1/1/2023)
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