Municipal Code, Complete - City of Santa Barbara

F. ACTION BY POLICE CHIEF. Applications for an Amusement Game Arcade Permit shall be determined
by the Police Chief.
Within thirty (30) days of the City's acceptance of a completed application for a proposed amusement game
arcade, the Police Chief shall review the information received from the Director of Community Development, Fire
Chief and the Parking and Transportation Division and shall make a decision for either: 1. approval or 2. approval
with restrictions or conditions, or 3. denial of the application.
If the Police Chief determines that the application would comply with all applicable laws and regulations, he
or she shall grant approval or approval with the necessary conditions. If the Police Chief does not approve the arcade
permit, he or she shall give the applicant written notice of the reasons for denial. No permit shall be denied without
specific written findings relating to concerns for the public health, welfare, and safety relating to the applicant or the
proposed location and shall explain how such concerns have not been adequately addressed by the applicant.
Any application not acted upon within 30 days of the acceptance of the completed application shall be
deemed approved.
G. ISSUANCE OF PERMIT. After approval of a permit by the Chief of Police, the Tax and Permit Inspector
shall issue an amusement game arcade permit if all necessary permits and licenses to conduct business have been
issued and all necessary fees have been paid.
H. SPECIFIC LOCATION AND MAXIMUM NUMBER OF AMUSEMENT GAME MACHINES. An arcade
permit is only valid for the premises for which it was issued and is limited to the maximum number of amusement
game machines set forth in the permit.
I. TRANSFER PROHIBITED. An amusement arcade permit cannot be assigned or transferred without the
written approval of the Police Chief, but the Police Chief shall not unreasonably withhold such approval. (Ord. 4909,
1995; Ord. 4791, 1992; Ord. 4205, 1983.)
9.43.060 Appeals.
A. APPEAL. All decisions of the Police Chief pursuant to this Chapter are appealable to the Board of Fire and
Police Commissioners. Such appeal shall be in writing and filed with the Commission pursuant to the provisions of
Section 1.30.050 of this Code.
B. APPEAL TO THE CITY COUNCIL. All decisions of the Board of Fire and Police Commissioners pursuant
to this Chapter are appealable to the City Council pursuant to the provisions of Section 1.30.050 of this Code.
(Ord. 5136, 1999; Ord. 4909, 1995; Ord. 4791, 1992; Ord. 4205, 1983.)
9.43.070 Modification of Requirements.
A. PERMITTEE'S REQUEST FOR MODIFICATION. The Chief of Police is authorized to grant
modifications of the requirements of this Chapter for a specific arcade if he or she deter-mines that the modification
of those requirements would not be detrimental to the public peace, safety, or general welfare as it specifically relates
to the applicant or the location of the arcade. Such modifications may contain conditions that are consistent with the
above determinations. (Ord. 4909, 1995; Ord. 4791, 1992; Ord. 4205, 1983.)
9.43.080 Suspension and Revocation.
The Board of Fire and Police Commissioners shall have the authority to review any arcade permit to determine if
the arcade has complied with all provisions of this Chapter and any conditions of its permit. If, after written notice to
the Permittee and a hearing thereon, the Board of Fire and Police Commissioners determines that the arcade Permittee
has failed to so comply, the Board of Fire and Police Commissioners may suspend or revoke the arcade permit upon
making specific findings with respect to the need for the suspension or revocation with regard to public health, and
safety and welfare. The amusement game arcade permit holder may appeal such suspension or revocation to the City
Council pursuant to the provisions of Section 1.30.050 of this Code. (Ord. 4909, 1995; Ord. 4791, 1992; Ord. 4205,
1983.)
9.43.090 Fees.
Any fees for any permits, hearings or other matters related to this Chapter may be established by resolution of the
City Council. (Ord. 4791, 1992; Ord. 4205, 1983.)
9.43.100 Rules and Regulations.
The Chief of Police may adopt rules and regulations for the implementation and interpretation of this Chapter and
such rules and regulations shall not be effective until approved by resolution of the City Council. Such regulations
may include, but are not limited to, administrative procedures or an expedited review of license applications,
administrative procedures prescribing when and under what circumstances a criminal background history check will
be required of license applicants and may include regulations governing the hours of operation, noise and any
required lighting at arcade locations. (Ord. 4909, 1995; Ord. 4791, 1992; Ord. 4205, 1983.)
213-9 rev. 12/31/99