§ 1036.31.

MECHANICAL AMUSEMENT DEVICES; LOCATION

a.

Prohibited. It shall be unlawful for any owner or operator of a mechanical amusement device to cause, permit or allow same to be located, operated or maintained to be operated, and the Entertainment Commission may not issue a permit for said devices, in the following areas:

1.

Within a building which has a public entrance which is located within 300 feet of the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades; said 300 feet to be measured from said entrance or exit in the most direct line or route which may be walked, legally or not, on, along or across said street or streets adjacent said public playground or public or private school of elementary or high school grades; provided, however, that this Section is not intended to prevent the placement of mechanical amusement devices on the premises of public or private schools of elementary or high school grades.

2.

Within any area of the City and County of San Francisco zoned exclusively for residential use, as defined in Part II, Chapter II (City Planning Code) of the Municipal Code.

3.

In any service station or automobile repair garage in areas zoned for neighborhood-commercial or community business use as defined in Part II, Chapter II (City Planning Code) of the Municipal Code.

b.

One Through Ten Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3 and except where prohibited by Subsection (a), an owner or operator of a mechanical amusement device or devices may cause, permit or allow same to be located, operated or maintained to be operated within any area of the City and County of San Francisco as an Accessory Use subject to the restrictions of this subsection:

The maximum number of mechanical amusement devices allowed in each premises shall be determined by the number of square feet of enclosed public retail floor space on a single floor under a single management as follows:



Square Feet

Maximum Number of MADs

  0-300

0

301-1000

2

1001-1500

3

1501-2000

4

2001-2500

5

2501-3000

6

3001-3500

7

3501-4000

8

4001-4500

9

4501 or more

10

c.

Eleven or More Mechanical Amusement Devices Allowed. Subject to the permit requirements set forth above in Section 1036.3, the owner or operator of mechanical amusement devices may operate an arcade except in those areas prohibited in Subsection (a) and in those areas zoned exclusively for neighborhood-commercial or community business use.

d.

Exceptions. The limitations and restrictions set forth in Subsections (a) and (b) above, shall not apply in the following instances:

1.

Where the application is for mechanical amusement devices in an industrial zone or in the area bounded on the west by Van Ness Avenue, on the south by North Point Street and on the east and north by San Francisco Bay, or in such similar areas as may be designated by resolution of the Board of Supervisors from time to time.

2.

Where a public or private school requests authorization from the Entertainment Commission for a permit to place mechanical amusement devices on premises under the jurisdiction of said public or private school and intended for the use of students and staff of said school.

3.

Premises upon which the California Department of Alcoholic Beverage Control has authorized on-sale consumption of alcoholic beverages, provided that the premises or operations may not lawfully allow minors thereon.

4.

Bowling alleys, except that there shall be no more than two mechanical amusement devices for each bowling lane. The mechanical amusement devices in bowling alleys shall not be separately accessible from the street.

5.

Billiard parlors.

6.

Tourist hotels of more than 25 guest rooms; provided, however, that the mechanical amusement devices be intended for use of guests only and provided further that the mechanical amusement devices be neither accessible to the public except by passing the front desk nor visible from the street.

7.

Theaters, both for performing arts and movies; provided, however, that the mechanical amusement devices be located in an area in which only patrons who have paid admission are allowed, and that all provisions in the Fire Code respecting the placement of machines be met.

8.

Churches, schools, hospitals, convalescent and nursing homes and nonprofit community centers (e.g. YMCA); provided, however, that the use of such machines be incidental and subordinate to the primary purpose of the institution.

History

(Added by Ord. 401-82, App. 8/13/82; amended by Ord. 240-93, App. 8/4/93; Ord. 164-02, File No. 020783, App. 7/26/2002)

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