For the purposes of this chapter, the words set forth in this
section shall have the following meanings:
includes any machine, device or apparatus, the operation
or use of which is permitted, controlled, allowed or made possible
by the deposit or placing of any coin, plate, disk, slug or key into
any slot, crevice or other opening or by the payment of any fee or
fees, for the use as a game, contest or amusement of any description,
or which may be used for any such game, contest or amusement, and
the use or possession of which is not prohibited by any law of the
state.
is any commercially operated establishment having five or
more amusement devices.
(Prior code §§ 21.101, 21.102)
The permit fee shall be one hundred twenty dollars, plus seventy
dollars per amusement device per year.
(Prior code § 21.108; Ord. 51 § 1, 1980)
Except as provided herein, the procedure to follow in obtaining a permit is that set forth in the uniform permit procedure, Chapter 5.08.
A.
No amusement
establishment shall be permitted unless a special use permit is secured
as required in Article XXI, Section 320(5) of the Lemon Grove Zoning
Code.
B.
In addition
to the reasons for denial listed in the uniform permit procedure,
the issuing officer may deny an application or suspend or revoke a
permit for the following reasons:
1.
If
the applicant is not a fit or proper person to conduct an amusement
establishment;
2.
If
the premises is not a suitable or proper place therefor;
3.
If
the health, welfare or public morals of the community warrant such
denial.
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The issuing officer may issue the permit upon such conditions
as he determines would eliminate the situations which would otherwise
result in denial of such permit.
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(Prior code § 21.103; Ord. 95, 1983)
Except as herein provided, it is unlawful for the proprietor,
manager, or employee of any amusement establishment to permit the
consumption of any alcoholic beverage in an amusement establishment.
A.
Any
permittee holding an Alcoholic Beverage Control on-sale permit issued
for public premises, as defined in Section 23039 of the Business and
Professions Code of the state of California, may serve alcoholic beverages
in an amusement establishment, so long as that amusement establishment
has no more than eight amusement devices. Said establishment may operate
more than eight amusement devices if application is made and a greater
number of devices is allowed by a special use permit.
B.
Any
permittee holding an alcoholic beverage control on-sale permit issued
for an eating place, as defined in the Business Professions Code of
the state of California, may serve alcoholic beverages in an amusement
establishment provided:
1.
That
the amusement devices are located in a room separated, by a wall,
from the area where alcoholic beverages are sold;
2.
That
no alcoholic beverages are allowed in the room in which the amusement
devices are located;
3.
That
the adult attendant shall be on duty at all times in the room in which
the amusement devices are located.
(Prior code § 21.104; Ord. 87, 1982; Ord. 95, 1983)
It is unlawful for any person who is intoxicated or under the
influence of any drug to be in any establishment permitted pursuant
to this chapter. A person who conducts or assists in conducting any
such establishment shall not permit any intoxicated person or persons
under the influence of any drug to be or remain at such place.
(Prior code § 21.105)
It is unlawful for the proprietor, manager or employer of any
amusement establishment to permit any gambling of any kind, or permit
any betting or wagering with money or anything of value upon the result
of any game.
(Prior code § 21.106)
The proprietor, manager or employee of any permitted amusement
establishment shall insure that the operation of amusement devices
is orderly and quiet and shall not permit any boisterous, offensive,
indecent, vulgar, abusive or obscene language within the premises.
(Prior code § 21.107)
