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19930701 1993-30ORDINANCE NO. 1993-30 AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, SECTION 26-4, ARTICLE I, SECTION 26-166(J), ARTICLE XII, REPEALING SECTION 26-167(b) (6), ARTICLE XII, AND AMENDING SECTION 26-172(a)(4), ARTICLE XII, CONCERNING ANCILLARY AMUSEMENT MACHINES, AMUSEMENT ARCADES AND ENTERTAINMENT IN THE CITY WHEREAS, amusement arcades currently are limited by the zoning regulations to one location within the City; and WHEREAS, because of this limitation two successful amusement arcades will not be able to renew their Special Use Permits to remain in the City when they expire this year; and WHEREAS, ancillary amusement machines and non-participatory entertainment have proven to be successful in the enhancement of principal businesses; and WHEREAS, it is in the best economic interest of the City to retain and attract successful businesses; NOW, THEREFORE, BE IT ORDAINED that Section 26-4, Article I; Section 26-166(j) and Section 26-172(a)(4), Article XII be amended as follows: Article I, Sec. 26-4. Definitions. Amusement Arcade: A principal use in which amusement machines are available for the amusement of the general public. Ancillary Amusement Machine: A subordinate use, constituting thirty (30) percent or less of the gross square footage open to the public that provides the use of amusement machines for entertainment to the patrons of the principal use. Entertainment: A featured main event use in a restaurant which use provides live, audio, video or other recorded shows, acts, or amusements for the participation and/or benefit of patrons in the restaurant. This term shall not include amusement machines, dancing areas, movie theaters, theaters other than movie theaters, or non-participatory background entertainment. Article XII, C-1 Office Commercial District Sec. 26-166. Permitted uses--By right (j) Ancillary amusement machines Article XIII, C-2 Retail Commercial District Sec. 26-172. Same--With special use permit. (a)(4) Amusement arcades BE IT FURTHER ORDAINED that Section 26-167(b) (6), Article XII be repealed. 1993-30 -2- PLANNING COMMISSION HEARING: June 14, 1993 CITY COUNCIL HEARING: July 13, 1993 ADOPTED: July 13, 1993 Date ATTEST: lllll