No game arcade shall be operated within the city unless the game arcade complies with all of the following conditions and requirements:
(A) Game machines shall be located no closer than 12 inches from any wall assembly separating the arcade from any adjacent building or portion of a building. Where game machines are located along one side of an aisle, such aisle shall be a minimum of 72 inches in width and shall be unobstructed. Where game machines are located on both sides of any aisle, the aisle shall be not less than 96 inches in width and shall be unobstructed, and such open areas shall be unobstructed. The maximum number of game machines in any game arcade shall not exceed one machine for every 40 square feet of gross floor area allotted to the game arcade operations.
(B) No game arcade shall be maintained or operated unless all portions of the interior of such game arcade, except the rest rooms thereof, are plainly visible from the outside of the building through unobstructed windows or glass doors. All windows and glass doors which provide a view of the interior of the premises shall remain unobstructed at all times. All entrances and interior areas shall be adequately lighted, and the lighting plan shall be approved by the Community Development Department prior to the commencement of such business.
(C) Each game arcade shall provide a minimum of two toilet and lavatory facilities accessible to customers, employees, and business invitees.
(D) No game arcade shall be open for business except between the hours of 10:00 a.m. and 10:00 p.m. on Sundays through Thursdays and between the hours of 10:00 a.m. and 12:00 midnight on Fridays and Saturdays, except that no person under 18 years of age may enter, be, or remain in any part of a game arcade during such times as the San Gabriel Unified School District is conducting its regular education program.
(E) During the hours of operation, arcades having one to nine machines shall have one attendant; arcades with ten through 18 machines shall have one attendant plus a uniformed security guard; arcades with 19 through 30 machines shall provide an additional attendant or uniformed security guard; and arcades with 31 or more machines shall provide attendants and security guards as required by the conditional use permit. All security guards and attendants shall be adults. Such security guards and attendants shall first be subject to approval by the Police Department and to a background check as required by the Police Chief. No such security guard or attendant shall be approved unless the Police Chief determines that such proposed security guard or attendant has not been convicted of any offense involving gambling or any offense against minors or against the public peace during the preceding five years.
(F) The following noise control conditions shall apply:
(1) Wall separations. The arcade shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least 56, per American Society of Testing and Materials (ASTM) designations E-90 or E-336 and E-413.
(2) Intrusive noise. The operation of the arcade shall be conducted in a manner so that the intrusive sound level in adjacent occupiable areas shall not exceed the following noise standards for the cumulative periods:
Nature or Character of Intrusive Noise | Noise Standard Which Shall Not be Exceeded | |
Commercial Areas | Residential Areas | |
Cumulative period of 30 minutes in any hour | 45 dB(A) | 40 dB(A) |
Cumulative period of 15 minutes in any hour | 50 | 50 |
Cumulative period of five minutes in any hour | 55 | 50 |
Cumulative period of one minute in any hour | 60 | 55 |
Any time | 65 | 60 |
(3) Ambient sound level. If the ambient sound level within the adjacent area exceeds the applicable standard for the cumulative period specified in division (F)(2) of this section, the applicable standard for such period shall be the ambient sound level.
(4) Pure or impulsive noise. If the source of noise emits a pure or impulsive noise, the noise standard for the applicable period shall be reduced by five decibels.
(5) Measurement period and sound level meters. For the purposes of the enforcement of the conditions set forth in this division, a sound level meter which satisfies the requirements of American National Standards Institute (ANSI) S1.4-1971 (or the most recent revision thereof) Type S2A meter shall be used. The measurement period shall be any one-hour period during the hours of operation of the arcade.
(G) Bicycle racks shall be provided within 25 feet of any game arcade and shall provide a total of at least one bicycle stall for every two games located within the arcade. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises.
(H) A person shall not enter, be, or remain in any part of a game arcade while in the possession of, consuming, using, or under the influence of any alcoholic beverage or drug. No licensee, manager, or supervisory employee shall permit any such person to enter or remain on the premises. Smoking and the sale of tobacco products on the premises shall be prohibited. A sign shall be posted inside the arcade stating in letters at least two inches high: “No Smoking. No Consumption of Alcoholic Beverages.” In addition to the lettered signs, universal symbol signs prohibiting smoking and consumption of alcoholic beverages shall be posted.
(I) A game arcade shall have a minimum of 750 square feet of floor space available for the operation of such arcade.
(J) No game arcade may be located closer than 300 feet from any bar, tavern, or cocktail lounge holding an on-sale alcoholic beverage license and primarily engaged in the business of selling or dispensing alcoholic beverages on the premises.
(K) No conditional use permit for a game arcade shall be granted for a period longer than two years.
(L) (1) The Planning Commission, upon a showing of good cause at the time it grants any conditional use permit for a game arcade, may modify or delete any condition otherwise required by this section if the Planning Commission finds that such condition imposes an undue hardship upon the applicant and such requirement, as applied to his proposed business location, is unnecessary for the protection of the health, safety, or welfare of the public, the patrons of the establishment, or surrounding residences or businesses.
(2) The Planning Commission may impose any additional condition upon the granting of any such conditional use permit which the Planning Commission determines is necessary or desirable to effectuate the purposes set forth in this section.
('65 Code, § 5-3.23) (Ord. 236-C-S., passed - - ) Penalty, see § 10.99