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Home My WebLink AboutO-1982-297 I i ORDINANCE NO. 297 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE REGULATION OF MECHANICAL AMUSEMENT DEVICES AS ACCESSORY USES IN COM- MERCIAL AREAS OF THE CITY AND ESTABLISHING DEFINITIONS OF AN AMUSEMENT CENTER, MECHANI- CAL AMUSEMENT DEVICE, AUTOMATIC MERCHANDISE VENDING MACHINE, AUTOMATIC OR COIN-OPERATED , SERVICE TRADE MACHINE AND JUKE BOX, AND i PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF j RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS , the installation of mechanical amusement devices , particularly video game machines , is becoming more widespread in the City of Dania and involves increasing numbers of such machines in a i single location; and WHEREAS , the location of such machines involves potential problems of concentration of users such as to interfere with other i i uses of the properties involved and adjoining uses and problems of i traffic and parking; and 1 WHEREAS, there is a need to provide reasonable regula- tion of mechanical amusement devises within retail/commercial areas in the City of Dania as accessory uses ; and WHEREAS , the Planning and Zoning Advisory Board com- pleted a public hearing on this Ordinance at its meeting of SEPTEMBER 1 , 1982 and WHEREAS , based upon full consideration of the above , the City Commission now considers it appropriate to enact the provisions contained within this Ordinance; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSION 4 OF THE CITY OF DANIA, FLORIDA: I Section 1 : That Chapter 28 of the Code of Ordinances t i of the City of Dania, known and cited as "City of Dania Zoning Ordinances" is hereby amended by amending Section 2 . 10 of Article 2 thereof entitled "Definitions" to include the following additional , j definitions : J , Amusement Center - a permanent building housing i i Mechanical Amusement Devices , Automatic Merchandise f ?y `• i Vending Machines , and/or Juke Boxes without i i respect to number, provided all other laws , ordinancnes , or regulations of the City of } i i Dania are complied with. i Mechanical Amusement Device - any machine or j device other than an Automatic Merchandise i Vending Machine , Automatic or Coin-Operated Service Trade Machine, or Juke Box, which, upon i the insertion of a coin, slug, token, plate or disc, may be operated by the public generally i for use as a game, entertainment or amusement , C whether or not registering a score. It shall 4 include such devices as marble machines , mechanical grab machines , indoor shuffle boards , pinball ' machines , skill ball, shuffle alleys , video game machines and all games , oeprations , or transactions i similar thereto under whatever name they may be i indicated. Automatic Merchandise Vending Machine - any machine or device which, upon the insertion of a coin, slug, i token, plate , disc or card, will dispense merchandise of reasonable value , such as gum, candy, snack food items , soft drinks , trinkets and other articles of i a similar nature. Automatic or Coin-Operated Service Trade Machine - any machine or device other than a Mechanical Amusement Device , Automatic Merchandise Vending Machine , or Juke Box, such as a laundry washing machine or drying j machine. 1 Juke Box - any music vending machine , contrivance or device which, upon the insertion of a coin, slug, token, plate , disc, or key into any slot , crevice , 'I i i -2 i I lr�vN � i vi rr r 'tr f r � I or other opening, or by the payment of any price , operates or may be operated for the emission of songs , music or similar amusement . I Public Use Floor Area - (A) In hotel/motel and apartment complexes is I defined as the lobby area, recreational building or areas specifically used for F recreational uses within the building. (B) In all other categories is defined as the area devoted to the principal use or activity. (C) No open air public use shall contribute to the i 7$ calculation of public use floor area. Section 2 : That Article 4 , Section 4 . 10 , entitled I "Schedule of Regulations" of said Chapter 28 is hereby amended 1 by the addition of Section 4 . 202 , to read as follows : "Section 4 . 202 : Mechanical Amusement Devices shall be � allowable as accessory to lawfully established uses subject to the P following limitations : a. Any retail or commercial use , restaurant , hotel/ � i motel , or apartment complex with less than 100 r rooms or apartments : i (1) 350 - 699 square feet of public use floor area - 1 machine allowed. (2) 700 - 1 , 999 square feet or more of public use i floor area - 2 machines allowed. j (3) 2 ,000 square feet or more of public use floor i area - 3 machines allowed. b. Bars or saloons having a valid alcoholic beverage license from the State of Florida classified as 2COP or a higher classification, restaurants with bars , hotel/motel or apartment complex with not less than 100 , nor more than 200 rooms or apartments : (1) 0 - 999 square feet of public use floor area - 3 machines allowed. (2) 1 ,000 or more square feet of public use floor I } area - 6 machines allowed. ' r:,, £ c . Recreation uses such as bowling alleys , skating k � C A"yyA {YM1 �4♦�y�$Mb� fCS 4r 1 k.A�`^.-r;t,�f�,-.-. N e} —3— j rk Jf lr 1 fR S rinks , miniature golf courses, pool or billiard rooms using only regulation size tables , YMCA facilities and hotel/motel or apartment com- plexes with more than 200 rooms or apartments : (1) 0 to 699 square feet of public use floor i area - 1 machine allowed. (2) 700 to 999 square feet of public use floor area - 2 machines allowed. (3) 1,000 to 1 ,999 square feet of public use t floor area - 3 machines allowed. I (4) 2 , 000 square feet or more of public use i ( floor area - 10 machines allowed. F d. Moving pictures (movies) of every kind and nature i ! are expressly prohibited and excluded from the per- mitted uses under this ordinance. In addition, the following restrictions and conditions shall apply f to the accessory use of Mechanical Amusement f I Devices allowed under a, b , and c above : (1) There shall be no sign identifying the availability or Location of the Mechanical 1 Amusement Device which is visible from the exterior of the building within which the Mechanical Amusement Device is located. i (2) The Mechanical Amusement Devices shall not be llocated within separate rooms from the public use area except in connection with c , above , !! nor in any case serviced by individual or i separate doors from those serving the public use area of the facility within which said Mechanical Amusement Devices are located. (3) Mechanical Amusement Devices shall be located in accordance with the distance requirements enumerated in the Code of Ordinances of the City of Dania, Florida. j i -4- p � l F t F7 4 (4 ) All Mechanical Amusement Devices lawfully j I existing with valid occupational licenses C on SEPTEMBER 14th 1982 , may continue and be renewed as a legal nonconforming use . j 1 k � (5) That the operation of the various Mechanical � j Amusement Devices as herein provided shall be done in strict compliance with all laws and i ordinances and regulations of the City of Dania, j Florida, and any violation of same shall be i punishable in accordance with the provisions of Section 1-8, Chapter 1 of the Code of Ordi- nances of the City of Dania. (Code 1971 - f i ISections 1-8) , " - A Section 3 : It is the intention of the City Commission I jand it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the City of Dania Zoning ' Ordinance No. 100 , codified as Chapter 28 , Code of Ordinances of the City of Dania, and the sections of this ordinance may be re- numbered to accomplish such intentions . " Section 4 : If any word, phrase , clause , subsection or section of this ordinance is for any reason held unconstitutional or invalid , the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. Section 5 : That all sections or parts of sections of the Code of Ordinances , all ordinances or parts of ordinances , and all resolutions or parts of resolutions , in conflict herewith, be f and the same are hereby repealed to the extent of such conflict. i Section 6 : That this ordinance shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED on First Reading this 24th day j ' 1 -5- r I l t r of AUGUST 1982. I PASSED AND ADOPTED on Second and Final Reading this f I. 14th day of SEPTEMBER 1982 . i r l i j OR-CO ISSIO ER ATTEST : CITY CLERK-AUDITOR i I APPROVED FOR FORM AND �CORRECTNESS: By: *FNAKICT!45�9, F�r�.G -ITY ATT�]EY 1 i E r I I i i I 4 u� 7 { r ,4 a s j t' le- 1 gTHE Phone. 921.8700 CITY 01F DANIA 'v .• °n 100 WEST DANIA BEACH BLVD. 11 DANIA, FLORIDA i l 4= >_ 33004 r°cottt�� August 26,1982 Hollywood Sun Tattler Legal Ads P.O. Box 1968 Hollywood, F1 33022 Dear Sirs: Please publish the enclosed Notice of Hearings on September 6, 1982. If this date is not satisfactory, please notify this office, w J Sincerely, �,��C�r..-LAC/ /✓G,,GGG f^S!��' Wanda Mullikin encl . "�ntigu>'s (4enfer of f(jc �$ouflj" s..� . I NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA, FLORIDA REGARDING THE ADOPTION PROPOSED ORDINANCES or as soon thereafter as the matter may be heard, will NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, on .m100. Florida totconsideret y COmmissthe proposed adont second�readinigsof September IA 1982, at 8:15 pon Room of conduct a public hearing in Beach Boulevard, Dania, the two ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA, FLORIDA TO ESTABLISH CHARGES FOR PARKING AT DANIA BEACH AND PROVIDING FOR THE ISSUANCE OF PARKING PERMITS FOR RESIDENTS OF THE CITY, RESIDENTS OF DANIA WHO ARE 62 YEARS OF AGE AND OLDER, AND FOR EACHBLEDGES SUCHVCATEGORY; AND PROVIDING FOR AND PROVIDING RTHE COLLECTION OF FLORIDA SALES TAX ON ALL PARKING CHARGES; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS ` OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF' SUCH CONFLICT, AND PROVIDING FOR AN EFFECTIVE'DATE, AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, j TO PROVIDE FOR THE REGULATION OF MECHANICAL AMUSEMENT DEVICES AS ACCESSORY USES .IN COM- MERCIAL AREAS OF THE CITY AND ESTABLISHING DEFINITATIONS OF AN AMUSEMENT CENTER, MECHANI- CAL AMUSEMENT DEVICE, AUTOMATIC MERCHANDISE VENDING MACHINE, AUTOMATIC OR COIN-OPERATED SERVICE TRADE MACHINE AND JUKE BOX AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. is on file in th A copy of the proposed ordinances e may be of the t inspectedby0thek� City Hall , 10Onlormt Dania Beach Blvd. ,rs. Dania, Florida and may public y appear at the aforesaid meeting and be Interested parties ma heard with respect to the proposed. W'A/NDA MUL"LIKIN 'f�J CITY CLERK-AUDITOR CITY OF DANIA, FLORIDA i