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HomeMy WebLinkAboutCC Ord 392 Tabled ".. "" 1 8 I 3 " 5 e 7 8 9 10 11 follows: CRDINANCE NO. .3,?:lJ AN ORDINANCE OF lHE CITY OF SEAL BEACH AMENDING ORDINANCE NO. 320 BY REQUIRING A LICENSE FOR CERTAIN GAMES ALLC1NED UNDER SECTIoo 8 lHERECF, PROVIDING FOR A LICENSE FEE lHEREFeR, RESTRICTING SUCH GAMES TO A CERTAIN AREA WIlHIN lHE CITY, PROVIDING FOR lHE MODE OF APPLICATION FeR LICENSES FOR CERTAIN GAMES, PROVIDING FOR CERTAIN EXCEPT- IooS AS TO LICENSE FEES AND PERMITS, PROVID- ING AS TO lHE SEVERABILITY OF lHIS CRDINANCE, PROVIDING FOR lHE PUBLICATION OF lHIS eRDIN- ANCE AND DECLARING lHE PASSAGE OF lHIS CRDIN- ANCE TO BE AN URGENC'l MEASURE. The City Council of the City of Seal Beach does ordain as 18 Section l~ Ordinance No~ 320 of the City of Seal Beach, 13 being "AN ORDINANCE OF lHE CITY OF SEAL BEACH, CALIFORNIA, PRCliIBIT- I - 14 ING lHE PLAYING OF CERTAIN GAMES AND PROHIBITING lHE MAINTENANCE OR 15 CPERATIrn OF PLACES FOR PLAYING SUCH GAMES, PRCliIBITING lHE POSSESS 18 OF SAID DEVICES AND PROVIDING A PENALTY FOR VICLATION THEREOF, DECLAR 17 ING CERTAIN DEVICES TO BE NUISANCES AND PROVIDING FOR THE ABATEMENT 18 THERECF, PROVIDING FOR EXCEPTIrnS, AND REPEALING ALL ORDINANCES OR 19 PARTS OF ORDINANCES IN COOFLICT WITH lHIS ORDINANCE" , is hereby 80 amended by adding new sections thereto, to be known as Sections 8-A, 81 8-B, 8-C, 8-D, 8-E and 8-F, to read as follows: 28 "Section 8-A. It shall be and is hereby declared unlawful 23 for any person, firm, organization, association, club or corporation 21 to operate, conduct or permit to be operated or conducted, any game 25 or games mentioned in Ordinance No. 320 of the City of Seal Beach, 28 without having a permit or license so to do, except as hereinafter 27 provided. 28 Section 8-B. That no permit or license for the playing of I 29 lawful games Mentioned in Ordinance No. 320 by a nonprofit bona fide 30 organization, association, club or nonprofit corporation defined by 31 Section 8 hereof, to operate, conduct or permit to be operated or 32 conducted, any games mentionedin Ordinance No. 320, by a nonprofit -1- Ordinance Number 1 bona fide organization. association, club or nonprofit corporation 8 defined in Section 8 hereof. shall be granted, except upon the pay- 3 ment of a permit or license fee in the sum of Thirty Thousand Dollars 4 30.000.00) per year for each fiscal year of the City of Seal Beach, 5 provided if any such license or permit is granted after the first day 8 of the fiscal year in which such application is made as hereinafter 7 provided, then the amount of the license or permit fee shall be 8 apportioned according to the amount of the unexpired term of such 9 iscal year, and all such permits or licenses issued hereunder shall 10 expire with the last day of the fiscal year during which such permit 11 r license was issued. The fiscal year of the City of Seal Beach, for 12 he purposes of this Ordinance. is defined as the period from the the .la,s.t d~..J)f . June. next foJ.low-.- ~ 13 irst day. ~f__ J~ly .tl? an~_ ~r:tclu~J.119 14 .ng any such first day of July. Provided, that one-third or the amount cL the license or. permit ree aa computed herein shall accompany sue& appllcatlon and the balance of such fea, in. full shall be p8Ild to the City Clerk by tm applloo...lo 0" g... 1>.,,__ 10". _v............"'" u& &u""" l:la.~tlIDQar mon'Cns arter ,. the time. such permlt or llcBnsS 18 granted It' such licensee is still engaged In operatlng. conductlng, or permitting to be operated Ol!' conducted, any of such games; but otherwlse the balance ot' such t'ee shall not be requlred. It' the balance or such t'ee requlred to be pll1d hereunder is not paid on or before the time requlred. such license or permlt shall thereupon become vold as If never lssued or granted, and thereafter such llcensea shall be deemed to not have a permit or ~icense under this Ordinancep notl:11ng to 1Jhe contrary he~ln w1thstandlng_ I . .-.. . . 15 81 . ~._ .J:'_~-- ~- ~ _ -___ Section_S-q. No license"or permit shall be granted to op- .. ~ . .. . . . .. .. ~ . 16 rate, conduct or P!rmit t9 be operated or conducted, any of the law- 17 ul games herein in this Ordinance mentioned, and under the condition 18 n this Ordinance mentioned, except in that part and portion of the 19 of the City of Seal Beacb described as follows: 20 Beginning at a point of intersection of the northeasterly line of the California State Highway, Route 60. and the northwesterly City L~mits of the Citr of Seal Beach- thence from said point of beg nning along th~ afore- said northeasterly line of the State Highway in a southwesterly direction a distance of two thousand feet (2000) to a point in aforesaid northeasterly line of the State Highway; thence northeasterly along a line radial to the curve o~ the highway at the last point, a distance of f1ve hundred feet to a poin~; thence in a north- westerly direction along a line five hundred (500) f~et distant from and parallel to the aforesa1d northeasterly line of said State Highway to a point of intersection with the northwesterly City Limits of the City of Seal Beach; thence southwesterly along said line of the City Limits to an intersection with the aforesaid northeasterly line of the State Highway to a point. which point is also the point of beginning, containing approximately 23 acres. as 23 a4 25 26 27 28 2li1 30 31 32 Section 8-D~ .. ~ . . " .... .. No license or permit shall be granted by the -2- I I I Ordinance Number -. '. 1 City Council of the City of Seal Beach to operate or conduct. or 2 to permit to be operated or conducted. any game prohibited by this 3 Ordinance, to any person. firm. co-partnership. organization, assoc- 4 iation, club or corporation, except as provided for by Section 8 5 hereof, and then only in the manner herein provided. 8 Sect~on a-E. All applications by nonprofit bona fide org- ~ . . . . . . . . . , 7 anizations, associations, clubs, an~or nonprofit corporations org- 8 anized under the laws of the State of California for a permit or lic'- 9 ense to conduct games not prohibited by the laws of the State of 10 California and the ordinances of the City of Seal Beach. including 11 this Ordinance. shall be in the form required by the City Council, 12 and all such applications shall be made to the City Council Which 13 shall have the right to refer such applications to the Chief of 14 Police for investigation of the facts stated in the application and 15 all matters pertinent and relevant to the applicant's premises and 18 the conduct of the proposed business, and within ten days after any 17 such application is referred to him the Chief of Police shall make a 18 report thereon. If the City Council shall determine from such applic- 19 ation and from the report of the Chief of Police. if any, or from 20 other information furnished to it that the peace, welfare and safety 21 of the public will not be hampered and that the granting of such lic- 22 ense or permit would not be a menace to the health, peace, morals or 23 general welfare of the public. such application if otherwise conform 24 ing to the laws of the State of California and the ordinances of the 25 City of Seal Beach, including this Ordinance. shall be granted. 28 Otherwise it shall be denied. If any application hereunder is not 27 referred to the Chief of Police for investigation. the City Council 28 shall either grant or deny the permit or license within thirty days 2' after the application is made to it; if any application hereunder is 30 referred to the Chief of Police for investigation. the City Council 31 shall either grant or deny the permit or license within thirty days 32 after the Chief of Police has made his report to the City Council -3- I I Ordinance Number "- ". 1 as herein provided. Every application for a permit or license here- 2 under shall be accompanied by the fee required by Section a-B hereo' S Section a-F. Any nonprofit bona fide organization, assoc- 4 iation, club, or any nonprofit corporation defined under Section a 5 hereof shall be exempt from the payment of any license or permit fee e otherwise required hereunder, and likewise exempt from procuring a 7 license or permit hereunder to operate, conduct or permit to be op- 8 erated or conducted, any games mentioned in this Ordinance, provided 9 such games are only operated, conducted or permitted to be operated 10 or conducted, for a period of time not to exceed eight hours in each 11 calendar month, and if such time limit is at any'time exceeded, then 12 the license or permit and fee otherwise provided for in this Ordin- 13 ance shall be required. If any such organization, association, club 14 or nomprofit corporation operates, conducts or permits to be operat- 15 ed or conducted, anyone of such games, either alone or concurrently 18 with any other of such games, for any period of time Whatsoever dur- 17 ing any calendar month, such shall be deemed to be an exercise of 18 the exemption rights for such calendar month hereunder of such 19 organization, association, club or nonprofit corporation, and in 20 such case such organization, association, club or nonprofit corporat 21 ion shall not bee entitled to any exemption rights hereunder until 22 the calendar month next following.- 23 - Section 2. If any section, sub-section, sentence, clause or a& phrase of this Ordinance is for any reason held to be unconstitution- 25 al or invalid, such decision shall not effect the validity or th. 28 constitutionality of the remaining portions of this Ordinance. The 27 City Council hereby declares that it would have passed this Ordinanc I 28 and each section, sub-section, sentence, clause or phrase thereof, 29 irrepective of the fact that one or more of the sections, sub-sect- SO ions, sentences, clauses or phrases thereof had been declared un- 31 constitutional or invalid. 32 Section 3. It is hereby declared that the passage of this -4- I I I Ordinance Number 1 Ordinance is an urgency measure for the immediate preservation of the 2 public peace. health and safety. and the following is a declaration 3 of the facts constituting such urgency: 4 That there is no adequate ordinance governing 5 the licensing of games mentioned in Ordinance e No. 320; that there is no adequate ordinance 7 governing the license fees for such games 8 based upon the probable revenue from their 9 operation; that large numbers of persons 10 patronize such games from which considerable 011 income is derived; that in view of the fact 12 that large numbers of persons patronize such 13 games, that unless restricted as to area, that 14 the maintenance and operation of such games 15 in the downtown. residential or beach areas 16 would create a serious traffic and police 17 problem; that there is no ordinance which 18 would effectively limit such games to a 19 certain area; that such games may be played 20 and operated at any hour of the day, and thus 21 in the downtown, residential and beach ~areas 22 would create policing problems and be dist- 23 urbing to members of the public in such areas; 24 that a proper licensing of such games would 25 tend to reduce tax rates and benefit the budget 26 plans of various departments; that unless this 27 Ordinance is enacted as an urgency measure, such 28 games would spread to areas in the City which 29 would be adversely effected thereby and the 30 City might thereby lose considerable revenue; 31 that the area to which such games are restricted 32 is removed from the business, residential and -5- 23 City of Seal Beach this 24 vote: 25 28 . . ~ . . . . . . . ' . ' . ... . 27 I 28 ..... . 29 30 . . .. ' . . 31 32 ATTEST.; I I Ordinance Number 1 fa 3 " 5 6 7 8 9 10 11 12 beach areas, and hence does not create the dangers and problems which would otherwise arise; that incidental play of such games does not create the dangers and problems which would otherwise arise; that unless this Ordinance is enacted as an urgency measure, no benefit to the taxpayers by a decrease in the current tax rate would be probable, and budgets of various City departments could not be expanded to provide for the better- ment and improvement of the City in the immediate future. That based upon the foregoigg facts, the City Council here- 13 by declares this ordinance to be an urgency measure and it shall take 14 effect immediately upon being adopted and passed by the City Council 15 of the City of Seal Beach. 18 Section 4. The City Clerk shall certify to the passage of 17 this otdinance by the City Council of the City of Seal Beach and 18 cause the same to be printed and published once in the SEAL BEACH 19 POST & WAVE, a newspaper of general circulation printed, published 20 and circulated in the City of Seal Beach, and it is hereby designated 21 for that purpose. 22 PASSED, APPRCNED AND ADOPTED by the City Council of the day of July, 1950, by the following AYES, COONCILMEN: NOES, COUNClllI.MEN: ABSENT, COUNCILMEN: Mayor.of.the.City.of.Seal Beach. City.Clerk.of the.City.of Seal Beach -6- I' I I 1 8 3 " 5 8 7 8 9 10 11 18 13 14 15 18 17 18 19 80 81 22 83 24 25 28 27 28 29 30 31 32 Ordinance Number . . I hereby certify that the foregoing Ordinance was passed, approved and adopted by the City Council of the City of Seal Beach at its adjourned meeting on the day of JUly, 1950. City.Clerk.of.the.City of.Seal Beach -7-