Ord 99ORDINANCE NO. 99
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
AMENDING SECTION 6930 IN ITS ENTIRETY AND ADOPTING
REGULATIONS FOR THE LOCATION AND OPERATION OF ARCADES
AND ADULT BUSINESSES
WHEREAS, the City Council is desirous of establishing reasonable
regulations to control the location and operation of arcade and adult
businesses, and;
WHEREAS, the City Council has held a duly advertised public hearing
to provide the public the opportunity to address the proposed ordinance,
and;
WHEREAS, the City Council hereby issues a Negative Declaration in
satisfaction of the requirements of the California Environmental Quality
Act;
NOW THEREFORE BE IT ORDAINED that the City Council does hereby
establish the following as part of the City of Poway Zoning Ordinance:
SECTION 1 ARCADES
In order to minimize adverse effects that arcades and electronic games
may have on the neighborhood or area in which it is located the
following regulations are established. Arcades may be permitted only
in the C-36 (General Commercial) zone subject to the conditions listed
herein:
No arcade shall be permitted within five hundred (500) feet of the
nearest point on a lot upon which is located a religious and/or
educational institution, a public park or recreation facility.
Adult supervision (18 years or older) shall be provided on the
premises during all hours of operation and shall be stationed so
as to have direct visibility over all machines.
There shall be no more than one arcade per shopping center and no
arcades shall be closer than two hundred (200) feet to another
arcade.
Ail arcades shall not open before 9:00 A.M. and shall close by
2:00 A.M.
A minimum of one bicycle parking stall per video game machine
shall be provided within twenty-five (25) feet of the arcade in a
safe, convenient location with bicycle racks to acco~odate said
bikes.
A minimum of two toilets and one wash basin shall be provided for
each gender.
Ordinance No. 99
Page 2
No electronic video or electrical coin operated game in a
commercial business establishment shall be operated within the
City by a person 17 years old or younger during normal public
school hours, or after curfew.
Ail alcoholic beverage sale and/or consumption on-site is
prohibited.
Ail gambling on-site is prohibited.
Ail conditions herein must be guaranteed to be met in addition to
obtaining a license to operate. The operation of four or less
machines shall be permitted in all C zones provided their
operation is ancillary to the use of the building and said use
does not materially alter the principal use of such a building.
The operation of four or less machines where they are the
principal use may be approved by the Planning Services Director
where, in his judgment, the location does not constitute a
traffic or safety hazard to the public or abrogate the intent of
the zone or the regulations contained in this section.
SECTION 2 ADULT BUSINESSES
In order to minimize the adverse effects that the operation of an
adult business may have on the neighborhood or area in which it is
located, the following regulations are established. Adult businesses
may be permitted only, subject to a conditional use permit, in the C-36
(General Commercial) zone, subject to the conditions listed herein:
No such business shall be located within five hundred (500) feet
of the nearest point of a lot on which is located a religious
and/or educational institution, a public park or recreation
facility.
No such business shall be located within five hundred (500) feet
of any lot on which another adult business is located.
No such business shall be located within two hundred (200) feet
of any lot within any residential zone.
4. No such business shall operate between the hours of 2:00 A.M. and
9:00 A.M.
Ordinance No. 99
Page 3
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Activities. For the purpose of this ordinance, the following non-
exclusive list of activities as defined in Section 1110 of the Zoning
Ordinance of the City of Poway shall be deemed adult businesses:
1. Adult Arcade
2. Adult Bookstore
3. Adult Cabaret
4. Adult Drive-In Theater
Adult Mini-Motion Picture Theater
Adult Model Studio
Adult Motel
Adult Motion Picture Theater
Adult Theater
Body Painting Studio
Massage Parlor
Sexual Encounter Establishment
Any other business which involves Specified Sexual Activities or
display of Specified Anatomical Areas.
SECTION 3
If any portion of this Ordinance should be determined to be
unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, the remaining portions of this Ordinance shall continue
in full force and effect.
SECTION 4
This Ordinance shall take effect and shall be in force thirty (30) days
after the date of its passage; before the expiration of fifteen (15)
days after its passage, it shall be published once with the names and
members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation published in the City of Poway.
Ordinance No. 99
Page 4
Introduced and first read at an adjourned regular meeting of the City
Council of the City of Poway held the 10th day of May, 1983, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held the 17th
day of May, 1983, by the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
EMERY, KRUSE, SHEPARDSON
TARZY, ORAVEC
NONE
NONE
ATTEST:
Linda Oravec, Mayor
jorie Wahlsten,
City Clerk