Amendment to Regulatory Ordinance

DATE: September 29, 1998 
TO: Board of Supervisors 
SUBJECT: AMENDMENT TO REGULATORY ORDINANCE FOR AMUSEMENT DEVICES AND ESTABLISHMENTS

SUMMARY: Reference 
The County's regulatory ordinance for amusement devices and establishments limits certain businesses to having amusement devices only in areas where alcohol cannot be consumed. The intent of this ordinance is to ensure that minors don't have access to alcohol in an area that contains amusement devices. Although the purpose of this ordinance is unquestionably important, it needs to be amended so that it's business friendly and still maintains its intended function.

This proposal would create a restricted amusement area where minors are not permitted and amusement devices can be operated where alcohol is sold and consumed.

Recommendation:
SUPERVISOR DIANNE JACOB 
Read title and waive further reading: 
AN ORDINANCE AMENDING PROVISIONS OF THE SAN DIEGO COUNTY CODE RELATING TO AMUSEMENT ESTABLISHMENTS ADDING A RESTRICTED AMUSEMENT AREA WHERE ALCOHOLIC BEVERAGES MAY BE CONSUMED BUT MINORS ARE NOT ALLOWED

Introduce ordinance for adoption on October 13, 1998. (Attachment A.)

SHERIFF BILL KOLENDER
Concur

Fiscal Impact: 
There is no fiscal impact as a result of this request.

Business Impact Statement:
This action would have a positive impact on businesses in the unincorporated area which are directly affected by the amendment to the ordinance.

BACKGROUND: 
The County's regulatory ordinance for amusement devices and establishments limits certain businesses to having amusement devices only in areas where alcohol cannot be consumed. The intent of this ordinance is to ensure that minors don't have access to alcohol in an area that contains amusement devices. Although the purpose of this ordinance is unquestionably important, it needs to be amended so that it's business friendly and still maintains its intended function.

Under the current ordinance, if a business establishment has an alcoholic beverage control license type 41, 47 or 49, no amusement devices can be located in the area where alcohol is served, even if such area doesn't permit access to minors. Since the intent of the ordinance is to deter alcohol consumption around minors, the restrictions of the ordinance are only necessary for areas that permit access to minors. If an establishment has a separate and enclosed area where alcohol is sold and consumed, it should be able to offer its customers the use of amusement devices, provided minors are prohibited from entering the area.

This proposal would amend the regulatory ordinance so that a restricted amusement area is created. This restricted amusement area would be exempt from the prohibition on consumption of alcohol in an area containing amusement devices because minors would be prohibited from entering the area. Approval of this amendment would continue this County's commitment to assisting our local businesses. I urge your support for this proposal.

Respectfully Submitted,

DIANNE JACOB
Supervisor, Second District