HomeMy WebLinkAboutCC Ord 460 1954-10-11
~ ~~I~?^~.?:=FIC~AL c:o~y 1 ORDINANCE NO. 460
" Nvr 10 i...:: TAK.::N F..Q,\'I
U T1-:1: c.TY CLI:r.:~'S O;:FICr: N OnDINANCE OI>' 'l'HE CITY OF SEAL BEACH
I OHIBITING CERTAIN GAMES OF CHANCE,
.- h_ . mn_ ROHIBITING THE MAINTENANCE OR OPEHA-
I TION OF CEHTAIN PLACES, PROVIDING FOR
EXCEPTIONS AND REtEALING ORDINANCE
NO. 429.
The ieople of the City of Seal Beaoh, California,
do ordain as follows:
Seotion 1. Every person who for profit, or for any-
thing of value, or for oommeroial purposes of any nature. keeps,
operates. oonducts or maintains, either direotly or indireotly.
in the City of Seal Beaoh. any house, room, apartment. dwelling
plaoe, building, or other plaoe where any game. gambling or
gaming not mentioned or inoluded in Seotion 330 or 330a of the
Penal Code of the State of California is played, oonduoted.
dealt or oarried on whether with oards, dioe, or any other devioe
I
whatsoever or of whatsoever nature for money. oheoks. oredit,
merohandise or other representative of value shall be guilty of
a misdemeanor. and upon oonviction thereof shall be punished by
a fine of not more than $300.00, or by imprisonment in jail not
exoeeding three months, or by both suoh fine and imprisonment.
Every person ~ither as owner. lessor. lessee, prinoipal,
I
agent. employee or partioipant or otherwise who maintains or keeps
or operates or oonduots direotly or indireotlY in whole or in part,
or who direotly or indireotly in whole or in part, or who direotly
or indireotly is in possession in whole or in part of any house,
room. apartment. dwelling plaoe, building or other plaoe upon or
in whioh any gambling. games or gaming prohibited by this Seotion
are played. dealt or oarried on. and who imposes or oolleots a
fee or anything of value. or reoeives anything of value, for the
privilege of partioi~ating in any way whatsoever in any suoh games,
gambling or gaming. or who direotly or indireotly gains or reoeives
anything of value or any finanoial profit from playing, oonduoting
or dealing of any s uoh l?;ames, ga!11bling or ga'~ing shall for the
purposes of this Ordinanoe.be deemed to be keeping. oonduoting"
operating and maint~ining the same for profit or oommeroial
Ordinance Number,
purposes.
I
Seotion 2. Every person who kn~wingly permits any of
the games, gambling or ~aming whioh by Seotion 1 hereof are made
unlawful to be played, maintained, operated, oonduoted or dealt
in any house, room, apartment, dwelling plaoe, building or other
plaoe owned or rented by suoh person in whole or in part is pun- '.
ishable as provided in Seotion 1 hereof.
Seotion 3. Every person who visits, frequents, partioi-
pates in or knowingly permits any games, gambling or gaming whioh
by Seotion 1 hereof is or are made unlawful to be played, opera-
ted, maintained, oonduoted or dealt in any house, room, apartment,
dwelling plaoe, building or other plaoe, shall be guilty of a
misdemeanor, and upon oonviotion thereof shall be punished by
a fine of not more than $300.00, or by imprisonment in jail not
exoeeding three months, or by both suoh fine and imprisonment.
Seotion 4. Every person who shall plaoe or bet at or
against any of the games, gambling or gaming whioh by Seotion
1 hereof are made unlawful shall be punished as provided in
Seotion 1 hereof.
Seotion 5. The City Counoil shall have the right and
privilege of granting a lioense or permit for any of the games
mentioned in this Ordinanoe to any ohuroh, fraternal organization,
veteran's organization or oivio organization of the City of ~eal
~eaoh for a limited time, but no suoh lioense or permit shall
be issued exoept on written applioation to the City Counoil,
and the provisions of Seotions 1 through 4 inolusive of thi8
Ordinanoe shall not apply to any lioensee or permitee hereunder
or any p~rgon operating or partioipating under suoh lioense or
permit for the duration thereof. "For a limited time" shall
mean not to exoeed a total time of twelve hours for any oalendar
month to anyone lioensee or permitee or anyone aoting in the
interest of suoh lioensee or permitee.
I
I
I
I
,I
~
.
Ordinarl'ce' Numb'er
Section 6.
Sections 1 through 4 hereof inclusive
shall not apply to any game which is incidental to a bona fide
social relationship, is participated in by natural persons only,
and in which no person is participating, directly or indirectly,
in professional gambling. "Bona Fide social relationship"
means association of natural persons in private residences, and
specifically does not include places of business, roams attached
thereto or used in connection therewith, public buildings, public
or private clubs or organizations. "Professional gambling means
acoepting or offering to aocept, for profit, money, credits, de-
posits or other things of value risked in gambling, or any claim
thereon or interest therein; and without limiting the generality
of this defination, the following shall be included: poolselling
~nd bookmaking; maintaining slot machines, one-ball maohines or
variants thereof, pinball machines which award anything other
'-
than an immediate and unrec~rded right of replay, roulette wheels,
.' '
dice tables, or money or merchandise pushcards, punchboards,
jars or spindles, in any place accessible to the public;and
conducting lotteries, gift enterprises, or policy or numbers
games, or selling chanoes therein, and any game prohibited by
the lawa of the State of California; and the following shall be
presumed to be included: conducting any banking or percentage game
played with oards, dice or oounters, or accepting any fixed share
of the stakes therein, or accepting anything of value, money or
otherwise, from persons engaged therein. "Professional gambling"
specifically includes both draw and stud poker and bingo games.
Section 7. If any Section, subsection, sentence,
clallse or phrase of this Ordinance is for any reason held to be
unoonstitutional or invalid, such deoision shall not affect the
validity or constitutionality of the remaining portions of this
Ordinance. The People of the City of Seal Beach hereby declare that
they would have passed this Ordinanoe, and every Section, subseotion
clause and phrase thereof, irrespeotive of the fact that one or
more of the Sections, subsections, sentences, clauses or phrases
thereof be declared unconstitutional or invalid.
1
2
3
4
I 5
6
7
8
9
,10
11
.12
D 13
z
0" 14.
"-
-z
'Il
"0
~~- 15
"--
,.. .
....
..uo
" .~ 16
!:t...
~~I
.w 17
'm
~o
nZ .18
wO
~..
5
" .1.9
20
21
22
'23
'24
.25
.26
'27
'28
I 29
30
.31
.32
PAGE
One
'.
Ordinance Number Jfl.o
". . ..
RESOI.UTIa-J NO. ,f~r .
'.
A RESOLUTION OF THE CITY COONCIL OF llIE CITY
'. '. OF SEAL BEAOi DECLARING THE HESULT OF A
.. . SPECIAL MUNICIPAL ELECTION. .
. ,
WHEREAS, a special municipal election was held and conducted
I
in the City of Seal Beach. County of Orange, State,of Ca~if?rnia
on Wednesday, the 20th .day of October, 1954, and' '..,..~ '.,;., -
WHEREAS,. it appears that notice of said election was ,duly and
're~larly given; that voting'precincts were properly established,
that election officers were appo~nted and election supplies
furnished and that,in all respects said election was held and con-
ducted and the votes.cast thereat received and canvassed and the
returns , thereof made and declared in the time. form and manner
required by the laws. of the State of California governing election
in cities of the Sixth Class, and
WHEREAS, 'the City Council of' the City of Seal Beach met at the
Council Chambers of,the City Council on Tuesday, the 26th day of
October, 1954 at an adjourned meeting to canvass the results of
said election,. as a result of which the City Council of said City
finds and determines that the number of votes cast for and against
the Proposition appearing on the ballot and the other matters
required by law to be as hereinafter stated;
NON, THEREFORE, the City Council of the City of Seal Beach
does desolv& as follows:-
!
. SECTION 1: That said special municipal election was held and
conducted in the City of Seal Beach on Wednesday, October 20,
1954 in the form, time and manner required by law; that there
~~re eight voting precincts established for the holding of said
~
f
I
I
,
\
!
I
!
. .
election, consisting of the precincts established for holding
county and state elections.
SECTION 2: That the measure voted upon at said election was
as follows:
!
.
!
I
, . ,: DPROPOSITION NO. 1
I ' . ," ~ 1..': - ',:"..... .".:
I
<:!.
I,Q.
1.2.
. I~
z'
0<: 1.4
"-
-?;
~''''
'0
:\-... 1,5
ID_-..
I-::I..J"".
(lt4. 't,
m"'ua 1.6
dil
z'O
"'~~ 1."7,
O~m
~.",
(~z II!.
wD
t-l..
,
. 1,9,
2,0
2.1
22
23
44.
25,
26
27
28
I 2~
~Q
3.1
32
PAGE
Two
'1
'I
I,
'I.-
Ordinance Number ~
2
3,
4
5,
6
Shall the ordinance No. 460 making it unlawful tookeep,
operate or conduct any place ~nere any game not ment-
ioned in Section 330 or 330a of the Penal Code is
played, and making it unlawful to permit, participate
in or frequent any sllch game or bet at such game, pro-
viding for an exception by allowing tije,Council to issue
a permit for a limited time to certain organizations
and providing for an exception \~len such game is incid-
ental to a bona fide social relationship, and providing
for penalties for violation thereof and repealing Ord-
inance No. 429, be adopted?"
pECTI9N ~j That the number of votes cast for and'against the
7,
~ said Proposition in each of,the said eight precincts are.:as'follow :
:, :'. ,Precinct No. A
1, :: ~ '.(.' (,:;'.l~n':'."
~ 'JA
. t".: 1.:;.(: - ~. . . :. (,")
"
,f., .
"".. .'~t"; .'.-1' . Ve's'
~~l..'. ".0...", ~...;,.. to. 'f.,'J, .
~~
<(f.e
i.!'2 ',-
. . 1 :. ," -! ..' ....~ \. (' .: ~." t 1 ; ":. ';oT.~ i ..., 'I)
, ,
~.
. -..' (;1: p'''' s: .i. ::' ",1'.,. pO ..! .,,:,1 t.
1.\.'
.:.I,......I"'-:...,....':..l". -,..n"No',
_\...> ...._ .;l ....... '.' "'". .
Prec.t~ct ,50. B; , '!.... ,.:.:'; I- .i.
.;c:C'n ..::~ ~"'\"""'J'r"$ r... Yes,: q.k: .....:'..r:.:..
I
I
J 4:.....1 ,..,,'" .. J. t.... . . .:. "'. ".i'iE:
," t""I.:'"~ ot. .":. .1' .71' !~: \'~""'::. cat
.! '\ ..' a ....' oj., i'~' ';.
._l. ...1\'; '..... ." ....1....
No" .~7 /.. "-f'-I . "
. . . .'., ~ r..: _,
. ,
.~q ,. -r: -:. ":
.. ." ~..~.... .,'~....... t..~' ....!. ~ ~.:,.
~~.,..IPJ;ecinct No. ,C'..rh.. ;..(..:"....,J.. ....~Ha.. .1o.:~~.JJ-w!.. e;):,,:.;.1:~~ rl~:::I:.f~. 1:.1 J't2~
b'r'
_0;. . J_ ."~" '....t" Yes. . :..... !'Io,';" ""e',.': .~..
'J' :' ., ~ .. \..' '. ,.. . . '. '- '," .... - " ~ . ,
c:.':C:i .~:.~ '.'; " No: ~S..,_ ~.".-: ~;~; 11 Cl~:r"~:i.t',' to:: t:.I~ ;:'0~ ~:.C;
..~... -~ - (....-.
3,.,1. :Pr~cinct No. D ...,.. i. ,,; '-'"
1;",,"c.o.D ',:. c'.Yes. r3".;~"7J },....i.r.." ,.....:4,..J 0: ',. :~
.. . ..' . I:. D J _ I. . . ~ v ... . ... .. __~
.: f ':"'. ~ o~5. I Y
i'..; :~".Ll ~.~:a.'}c>; :"..~ ..:~No: :"~Jl~j f:~':'.l'tini} ~,f!.lc! :';1 ,".", :.,..;. I":'~" 'O,!
(: ~'.Prec.inc~ No. E
Yes: (PI{
-'?7
No: ,I
. .... . .... -.....--. .- ..... "... .-.. ..--......
'" ..: L..:t:: C~-;y~: ..,:.,_",:" 1":. ::
. '~"-r" .
, .: ~,~!~-~l-I!~t No~ F "" _. ,'- _ ..... ::' 1
.' '''Yes' I.-/~,., " H(, '"
, ". .r.! _I': _ J V .'" J.
',', ,-.' ,-, _/"
, .. ' '. ',,, . \ ~
, t..' ~::.. Ilo ..... . ~ ro': No: .. ~,' '. "I~: t ....
~ .. .~
~ 't':.t. ,.,:' ~J::. t.:: -: ';
,
"')","". '''\.'1.,: '): ...:.
.. 4 ~ .' _" ...
~.'.. :..... '..~' r:'t,'
:,' ;...:~.,. 0....' (.:.:.:; ....(.,~e.':. :'),.
. ,.. : '.: ~ .:. ..
Precinct, No. G
, :: .-, ", :~ 'Yes/ qf
, ..
'I '. Jt", N~: ..;~ 110
. ....
- ./ ,.~ .....-.
. .
/.:..,....
. .:.; ."",~ It..'
-
.:"':..~ 00'
. '.:.
. ....
:
.'
Precinct No. H
Yes:
..-
<6J
'1
..\ .C)
\0 .:. .4...::
No:
Absentee Votes:
, .
1\
ordinanc~ Number
Yes: /f
2 No: It;
3 Total Votes: That the total number of votes cast for and
against said .
4 Proposition are as follows:
I 5 Yes: (.,.)f
6 No: S-.2'-
7 That the total number of votes cast in said election is: I/'/..
8 SECUON: 4: That the majority of votes cast as to Propositio
9 No. 1 were in the affirmative and, Proposition No. l,
12
a 13
z
00( 14
.-
-z
'Il<
.0
...." 15
m."
'.l<
00(<
"Ua
. .~ 16
!%w
aUz
0.( 01
."'z 17
'mn
~~
.z 18
.0
!:.l
,
n 19
20
21
22
23
24
25
26
27
28
129
30
31
32
PAGE
hree
10 No. 460, shall hereafter be in full force and effect as provided b
11 its terms and provisions and the laws of the state of California.
SECTION 5: The City Clerk is authorized and directed to ente
upon the records of the City Council the whole number of votes cast
in the City, the measures voted upon, the number of votes given at
each precinct for and against each measure and the number of votes
given in the City for and against each measure.
SECTION 6: The City Clerk shall certify to the passage and
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City
~
\
L.
r-
~
of Seal Beach at an adjourned meeting held on the 26th day of
/{1~~/~~~/(~-,
MAYCR OF THE CITY OF SEAL BEACH
./ '
.. x,,// k
ATTEST: ,.~/ /r ,(~".; ,
./ /f/, -. .,,.-,~-<- W.At.r'A;..City 'Clerk
October, 1954.
, I, F.W. HIC~AAN, City Clerk and ex-offic'o cl~:k of the C~ty
Council do hereby certify that the above and forego1ng Resolut10n
was passed approved and adopted by the City Council of the City
of Seal Be~ch at an adjourned meeting thereof held on October 26,
1954, by the following vote: JVH'$. /) ./.&:",flA'i/J. C,(AP,r
AYES, vouncilmen CAi.lIO ;:4#4 GA~ 44 :If 7 '/ "1
NOeS, Councilmen .AfPPA-
ABSENT, Councilmen .;y Pk'...-
t:P
Dated: October .2 7 -l954
. '~'J ,./L. //.
(/(/ ?.:r,..........--1'c-<~.A:-.?___ ,--
City Clerk
"
ORDINANCE NO. 460
~~
.
AN ORDINANCE OF THE CITY OF SEAl.
BEACH PROHIBITING CERTAIN GAMES
OF CHANCE, PROHIBITING THE MAIN-
TENANCE OR OPERATION OF CERTAIN
PLACES, PROVIDING FOR EXCEPTIONS
AND REPEALING ORDINANCE NO. 429.
The People of the City of Seal Beach, Cali-
fornia, do ordain as follows:
SECTION 1: Every person who for profit,
or for anything of value, or for commercial
purposes of any nature, keeps, operates, con-
ducts or maintains, either directly or indi-
rectly, in the City of Seal Beach, any house,
room, apartment, dwelling place, building, or
other place where any game, gambling or
gaming not mentioned or included in Section
330 or 330J of the Penal Code of the State
of California is played, conducted, dealt or
carried on whether with cards, dice or any
other device whatsoever or of whatsoever
nature for money, checks, credit, merchandise
or other representative of value shall be guilty
of a misdemeanor, and upon conviction there-
of shall be punished by a fine of not more
than $300.00, or by imprisonment in jail not
exceeding three months, or by both such fine
and impt;isonment.
Every person either as owner,lessor,lessee,
principal, agent. employee or participant or
otherwise who maintains or keeps or operates
or conducts directly or indirectly in whole or
in part, or who directly or indirectly is in
possession in whole-or in part of any house,
room, apartment, dwelling place, building or
other place upon or in which any gambling,
games or gaming prohibited 'by this Section
are played, dealt or carried on, and who im-
poses or collects a fee or anything of value,
or receives anything of value, for the privilege
of pai1;icipating in any way whatsoever in
any such games, gambling or gaming, or who
directly or indirectly gains or receives any-
thinlt of value or any financial profit from
playing, conducting or dealing of any such
games, gambling or gaming shall for the pur-
poses of this Ordinance be deemed to be keep-
.
1
lfng, conducting, operating and maintaining
the same for'profit or commercial purposes.
.
SECTION 2: Every person who knowingly
permits any of the games, gambling or gam-
ing which by Section 1 hereof are made un-
lawful to be played, maintained, operated,
conducted or dealt in any house, room, apart.
ment, dwelling place, building or other place
owned or rented by such person in whole or
in part is punishable as provided in Section
1 hereof.
SECTION 3: Every person who visits, fre-
quents, participates in or knowingly permits
any' games, gambling or gaming which by
Section 1 hereof is or are made unlawful to be
played, operated, maintained, conducted or
dealt in any house, room, apartment, dwell-
ing place, building or other place, shall be
guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not more
than $300.00, or by imprisonment in jail not
exceeding three months, or by both such fine
and imprisonment. .
SECTION 4: Every person who shall place
or bet at or against any of the games, gam-
bling or gaming which by Section 1 hereof ,
are made unlawful shall be p~shed as pr0-
vided in Section 1 hereof. .
SECTION 5: The City Council shall have
the right and privilege of granting a license
or permit for any of the games mentioned
in this Ordinance to any church, fraternal
organization, veterans' organization or civic
organization of the City of Seal Beach for a
limited time, but no such license or permit
shall be issued except on written application
to the City Council, and the' provisions of Sec-
tions 1 through 4 inclusive of this Ordinance
shall not apply to' any licensee or permittee
hereunder or any person operating or par-
ticipating under such license or p~mit for the
duration thereof. "For a limited time" shall
mean not to exceed a total time of twelve hours
for 'any calendar month to any one licensee
or permittee or anyone acting in the interest
of such licensee or permittee.
,
i
I
2
. l
SECTION 6: Sections 1 through 4 h~
inclusive shall not apply to any game whi
is incidental to a bona fide social relationship,
is participated in by natural persons only, and
in which no person is participating, directly
or indirectly, in professional gambling. "Bona
fide IIOciIU relationship" means association of
natural persons in private residences, and
specifically does not include places of business,
rooms attached thereto or used in connection
therewith, public buildings, public or private
clubs or organizations. "Professional gam-
bling" means accepting or offering to accept,
'for profit, money, credits, deposits or other
things of value risked in gambling. or any
claim thereon or interest therein; and with-
out limiting the generality of this definition,
the following shall be included: poolselling
and bookmaking; maintaining slot machines,
one-ball machines or variants thereof, pinball
machines which award anything other than
an immediate and unrecorded right of replay,
roulette wheels, dice tables, or money or mer-
chandise pushcards, punchboards, jars or
spindles, in any place accessible to the public;
and conducting lotteries, gift enterprises, or
policy or numbers games, or selling chances
therein, and any game prohibited by the laws
of the State of California; and the following
shall be presumed to be included: conducting
any banking or percentage game played with
cards, dice or counters, or accepting any fixed
share of the stakes therein, or accepting any-
thing of value, money or otherwise, from
persons engaged therein. "P,rofessional gam-
bling" specifically includes both draw and
stua poker and bingo games.
SECTION 7: If any Section, subsection,
sentence, clause or phrase of this Ordinance is
for any reason held to be unconstitutional or
invalid, such decision shall not affect the valid.
ity or constitutionality of the remaining por-
tions of this Ordinance. The People of the City
of Seal Beach hereby declare that they would
have passed this Ordinance, and every Sec-
tion, subsection, sentence, clause and phrase
thereof, irrespective of the fact that one o,r
more of the Sections, subsections, sentences,
clauses or phrases thereof be declared uncon.
stitutional or invalid: .
3