HomeMy WebLinkAboutOrdinance 065 ORDINANCE NO. 65
' AN ORDINANCE OF THE CITY OF ATASCADERO ESTABLISHING
A MORATORIUM ON THE APPROVAL OR GRANTING OF ANY AND
ALL LICENSES, PERMITS AND OTHER ENTITLEMENTS REQUIRED
' FOR THE ESTABLISHMENT OF COIN-OPERATED GAME MACHINES
WITHIN THE CITY FOR A PERIOD OF FOUR MONTHS
AND DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE.
' WHEREAS, Section 65858 of the Government Code authorizes the adop-
tion of interim ordinances as urgency measures to protect the public
' safety, health and welfare; and,
WHEREAS, said ordinances may be adopted as urgency measures pro-
hibiting any uses which may be in conflict with a contemplated zoning
proposal which the City Council, Planning Commission or the Planning
Department is considering or studying or intending to study within a
reasonable time; and,
' WHEREAS, the City intends to study alternative techniques to reg-
ulate coin-operated game machines.
NOW THEREFORE, the City Council of the City of Atascadero does
ordain as follows:
' SECTION 1. Findings. The City Council finds and determines:
1. That the continued establishment of coin-oeprated game ma-
chines without , appropriate regulations will be detrimental to
the operation of other commercial businesses.
2. That an existing coin-operated game machine arcade has gener-
ated
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ated opposition from nearby commercial businesses.
3. That further study is necessary to determine what legisla-
tion, if any, is proper for the protection of the public
health, safety and welfare.
' SECTION 2. Beginning on the effective date of this ordinance
and for a four (4) month period thereafter, no business license, Plot
Plan, Departmental Review/Precise Plan, Conditional Use Permit or
other grant of approval, either ministerial or discretionary, shall be
' made for any coin-operated game machines by the City or any of its
Departments. In addition thereto, coin-operated game machines not
subject to any of the above approvals shall not be established within
' the City.
SECTION 3. Authority for Enactment. This ordinance is
adopted pursuant to Government Code Section 65858.
SECTION 4. Urgency. The City Council hereby declares that
this is an urgency ordinance necessary to preserve the public health,
' safety and welfare due to the facts set forth above.
Ordinance No. 65 `
SECTION 5. Taking Effect. This ordinance being an urgency
' ordinance for the immediate protection of the public health, safety
and welfare, containing a declaration of the facts constituting urgen-
cy, and passed by a four-fifths (4/5) vote of the City Council shall
take effect immediately upon its adoption.
' SECTION 6. Publication. The City Clerk shall cause this or-
dinance to be published once within fifteen (15) days after its pas-
sage in the Atascadero News, a newspaper of general circulation,
printed, published and circulated in this City; shall certify to the
adoption and publication of this ordinance; and shall cause this or-
dinance and its certification, together with proof of publication, to
be entered into the Book of Ordinances of this City.
The foregoing ordinance was introduced, adopted and ordered pub-
lished at a regular meeting of the City Council on April 25, 1983.
AYES: Councilmen Mackey, Stover, Wilkins, and Mayor Nelson
NOES: None
ABSENT: Councilman Molina Ndl
ROLFE REISON, Mayor
ATTEST:
epu y rity=erk
APPROVED AS TO ORM:
ALLEN GRIMES, City Attorney
' APPROVED AS TO CONTENT:
M RRA L. WARDEN, City Manager
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' CERTIFICATION
I, PATSY A. HESTER, Deputy City Clerk of the
' City of Atascadero, hereby certify that the foregoing'
is a true and correct copy of Ordinance No. 65
' adopted by the Atascadero City Council at a regular
meeting thereof held on April 25, 1983
Dated: April 27 , 1983
' PATSY HESTER, Deputy Ci tv Clerk
City of Atascadero, California