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HomeMy WebLinkAboutCC Ord 393 1950-07-12 I , 1 2 31 4 5 6 7 8 9 10 CfIDINANCE NO. 393 AN ORDINANCE OF THE CITY OF SEAL BEAaI AMEND- ING ORDINANCE NO. 320 BY REQUIRING A LICENSE FCR CERTAIN GAMES ALLOYED UNDER SECTIoo 8 THEREOF, PROJIDING FOR A LICENSE FEE THERE- FOR, RESTRICTING SUCH GAMES TO A CERTAIN AREA WITHIN THE CITY, PROJIDING FOR THE MOOE OF APPLICATIoo FOR AND THE GRANTING /OF SUCH LICENSES, PROJIDING FOR REGULATIoo /' OF SUCH GAMES, PROVIDING FOR CERTAIN EXCEPT- IooS AS TO LICENSE FEES AND PERMITS, PROJID- ING AS TO THE SEVERABILITY OF THIS ORDINANCE, PROJIDING FOR THE PUBLICATION OF THIS ORDIN- ANCE AND DECLARING THE PASSAGE OF THIS ORDIN- ANCE TO BE AN URGENCY MEASURE. , 11 The City Council of the City of Seal Beach does ordain as 12 follows: 13 Section 1. Ordinance No. 320 of the City of Seal Beac~t 14 being RAN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, PRCHIBIT- 15 lING THE PLAYING OF CERTAIN GAMES AND PRCHIBITING THE MAINTENACE OR 16 CPERATION OF PLACES FOR PLAYING SUaI GAMES, PRCHIBITING THE P05SESS- 17 ION OF SAID DEVICES AND PROVIDING A PENALTY FCR VIOLATIoo THEREOF, 18 DECLARING CERTAIN DEVICES TO BE NUISANCES AND PROVIDING FOR THE 19 ABATEMENT THEREOF, PROVIDING FCR EXCEPTIONS, AND REPEALING ALL aID- 20 INANCES OR PARTS OF ORDINANCES IN COOFLIct WITH THIS ORDINANCE", is 21 I hereby amended by adding new Sections thereto, to be known as Sect- , 22 10ns 8-A, 8-B, 8-C, 8-D, 8-E, 8-F and 8-G, to read as follows: I ," I , . " RoBERT BUCk A'n'ORNEY AT LAW 1808 UCUIUTY BLDG. LoNCI BEACH 2. CALIF. TEl.EPHONE 7-8414 23 .Section 8-A. It shall be and is hereby declared unlawful 24 for any person, firm, organization, association, club or corporation 25 to operate, conduct or permit to be operated or conducted, any game 26 or games mentioned in Ordinance No. 320 of the City of Seal Beach, 27 without having a valid, existing unrevoked and unsuspended license 28 issued hereunder so to do, except as hereinafter provided. 29 Section 8-B. No permit or license for the playing of lawful 30 31 32 games mentioned in Ordinance No. 320 by a nonprofit bona fide org- anization, association, club or nonprofit bona fide corporation def- ined by Section 8 hereof, to operate, conduct or permit to be -1- I I I RoBERT BUCK ATToRNEY AT LAW ,aoe IIKCUIUTY BLDG. LoNG BEACH 2. CALI". TELI!P'HONE 7.....,.. Ordinance Number 11 operated or" conducted, any games mentioned in Ordinance No. 320, by 2 a nonprofit bona fide organization, association, club or nonprofit 3 corporation defined in Section 8 hereof, shall be granted, except 4 upon the payment of a permit or license fee therefor in the amount 5 herein provided. The license or permit fee for licenses issued here- 6 under between the first day of July of any fiscal year and the 7 thirty-first day of December of the same fiscal year shall be in the 8 sum of Thirty Thousand Dollars ($30.000.00). The license or permit 9 fee for licenses issued hereunder between the first day of January 10 of any fiscal year to the last day of the same fiscal year shall be 11 in the sum of Fifteen Thousand Dollars ($15.000.00). All such per- 12 mits or licenses issued hereunder shall expire with the last day of 13 the fiscal year during which such permit or license was issued. The 14 fiscal year mentioned herein is the fiscal year for the City of 15 Seal Beach. and for the purposes of this ordinance is defined as 16 the period from the first day of July to and including the last day 17 of June next following any such first day of July. 18 Section S.C. No license or permit shall be granted to oper- 19 ate, conduct or permit to be operated or conducted, any of the law- 20 ful games mentioned in Ordinance No. 320, and under the conditions 21 in this Ordinance mentioned, except in that part or portion of the 22 City of Seal Beach described as follows: 23 24 25 26 27 28 2~ 30 31 32 Beginning at a point of intersection of the northeasterly line of the California State Highway, Route 60, and the northwesterly City Limits of the City of Seal Beach; thence from said point of beginning along the aforesaid northeasterly line of the state Highway in a southwesterly direction a distance of two thous- and (2000) feet to a point in aforesaid north- easterly line of the state Highway; thence northeasterly along a line radial to the curve of the highway at the last point, a distance of five hundred feet to a point; thence in a northwesterly direction along a line five hundred feet distant from and parallel to the aforesaid 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 -2- -I I 19 20 21 22 23 24 25 26 27 I 28 29 .30 31 ROBERT BUCK AnoRNEY AT LAW tao. _a:URITY 8L.DG. LoN. BI:ACH 2. CALIP. Tl:LE~HONI! 7..8414 Ordinance Number ." .- 1 2 3 4 aforesaid northeasterly line of the State Highway to a point, vmich point is also the point of beginning, containing approximately 23 acres. Section B-D. No license or permit shall be issued to oper- ate or conduct, or permit to be operated or conducted, any game men- 5 tibned in' this Ordinance, to any person, firm, co-partnership, 6 7 a 9 organization, association, club, group or corporation, except as provided for in Section 8 hereof, and then only in the manner pro- vided for in this Ordinance. As used in this Ordinance, the term "license" means both license and permit, and the term "permit" means 10 - 11 - both permit and license. 13 I and all such applications shall be accompanied by the license or permit fee provided for herein.,Upon receipt of the required permit or license fee and such application, the City Clerk shall issue such license or permit unless said City Clerk is hereafter directed by the City Council of the City of Seal Beach to refer such applicat- ions to the City Council. The City Council of the City of Seal Beach shall have the right to have all such applications referred to it, and if ordered by the City Council hereafter, the City Clerk shall refer all such applications to the City Council. If such order is made hereafter, the City Clerk shall present such applications to the City Council at its next regular meeting after any such application is made to the City Clerk. At the meeting during which any such application is 32 received by the City Council from the City Clerk, the City Council -3- I Ordinance Number 11 shall have the right to refer such application to the Chief of Polic . 2 and shall at such meeting make a determination whether such applicat 3 ion shall be referred to the Chief of Police for investigation and 4 report. Within fifteen calendar days after any such application is 5 so referred to the Chief of Police he shall make a report to the 6 City Council concerning the facts stated in the application, and the 7 police record, if any, of the persons named in the application. In 8 all cases in which the City Clerk is hereunder required to refer any 9 such applications to the City Council, the applicant shall pay an 10 additio~ee in the sum of $100.00 which shall accompany the applic- 11 ation and license or permit fee and be made to the City Clerk, such 12 additional fee being charged for the investigation expense in such 13 cases. If the City Council shall determine, at a meeting thereof. 14 from the application and from the report of the Chief of police, if I 15 any, or from other information furnished to it that the peace, wel- 16 fare and safety of the public will not be hampered, and that the 17 granting of such license or permit would not be a menace to the I 18 health, peaee. morals or general welfare of the public. such applic- 19 ation. if otherwise conforming to the laws of the state of Calif- 20 ornia and the ordinances of the City of Seal Beach, including this 21 Ordinance. shall be granted. otherwise it shall be denied. At least 22 five days prior to the date upon which the City Council is to meet 23 for such determination. the City Clerk shall notify by mail the 24 person and/or persons who signed such application, at the address 25 and/or addreses appearing for such person or persons on such applic- 26 ation, stating the time and place of such meeting. At such meeting. 27 such person and/or persons and any other person or persons shall 28 have a right to be heard in behalf of such application. If any 29 such application is referred to the City Council as provided for 30 herein, and not referred by the City Council to the Chief of Police, 31 the City Council shall either grant or deny the permit or license 32 within thirty days after the application is received by it from RoBERT BUCK A.TTORNEY AT LAW .808 _IIeUBITV aLDG. LoNG BEACH 2, CALI". 'hLEPHONE 7-84'4 -4- I I I Ordinance Number 1 the City Clerk. If any such application is referred to the City 2 Council as provided for herein, and referred by the City Council :5 to the Chief of Police for his report. the City Council shall either 4 grant or deny the permit or license within thirty days after the 5 Chief of Police has made his report to the City Council as herein 6 provided. 7 All applications for licenses or permits hereunder shall 8 be in writing which shall state the name of the organization. 9 association, club or corporation making application, its address 10 and the proposed location where the games are to be conducted and 11 played, the names and addresses of all of its officers. the names 12 and addresses of all of its directors. if any, a description of 13 the premises and buildings in which games are proposed to be played 14 or conducted. a description of the manner in which all games 15 proposed to be conducted or operated are to be played or conducted. 16 and if a corporation, a photostatic copy of its Articles of Incorp- 17 oration, and if an organization. association or club other than a 18 corporation, a photostatic or other copy of its constitution and by- 19 laws or such similar documents under which organized. a statement 20 that such organization. association. club or corporation is one of 21 such provided for in Section a hereof. a statement that the proposed 22 games will be conducted, operated or permitted to be operated or 23 conducted. only within the area of the City of Seal Beach described 24 in Section a-c hereof and the name and address of an indicated per- 25 son upon whom notices may be served in behalf of such organization. 26 association, club or corporation. All applications for licenses or 27 permits shall be signed and verified under oath by the person who 28 makes the application in behalf of the organization, association. 29 club or corporation. together with the title of such person and his 30 residence address. together with his business address. if any. 31 Section a-F. Whenever the City Council shall receive satis- 32 factory evidence or be satisfied that any game licensed hereunder Ro....T BUCk ATI'ORNEY AT LAW 1&08 .-cUllin .LDG. &.0... ..ACH 2. CALIP. TELltPHONR 7-."'14 -5- I I I Ordinance Number - 1 is, or since tpe issuance of the license therefor, has been, oper- 2 ated or played in an unlawful manner; or that the license issued 3 hereunder was procured through fraud or misrepresentation; or that 4 any of the officers, agents or employees of the licensee have viol- 5 ated any law upon the premises where the licensee conducts, operates 6 or permits to be operated or conducted, its licensed games; or any ~ . 7 act committed or permitted on such licensed premises by its officers 8 agents, employees, guests or patrons tending to render such premises 9 a nuisance or menace to the general welfare of the public; or the 10 conduct of any such game by the licensee becomes detrimental to the 11 general welfare of the public, or such licensee permits or allows 12 any such game to become, by operation of ~uch game, a menace or 13 detrimental to the general welfare of the public, the City Council 14 shall hold a hearing to determine whether such license shall be 15 suspended or revoked. In such cases the City Council shall set a 16 time and place for such hearing, and the City Clerk shall give 17 notice of such hearing in writing, stating the time and place of 18 such hearing, upon the person designated in the application for 191 the permit or license, at the address of such person as the same 20 appears in the application. Such notice shall state the purpose 21 of such hearing, and such notice may be given by United states 22 mail. Such notice shall likewise be given by the City Clerk,in 23 the same manner and containing the same information, to each 24 person listed in such application at the address for such person 25 as the same appears in the application. If given by mail, such 26 I notices shall be mailed at least seven days prior to the date of 27 such hearing, or if given personally, served at least five days 28 prior to the date of such hearing. If any person entitled to such 29 notice hereunder desires, he may be heard and present evidence at 30 such hearing; likewise the licensee shall have the same right. The 31 hearing by the City Council shall be informal and the formal rules 32 of evidence shall not apply. The City Council shall consider all ROBERT BUCK ATI'OIINEY AT LAW 11108 8&CUII.ITY BLDG. LoNG BI:ACH 2. CALI.. TELI:PHONE 7...~t4 -6- I I I Ordinance Number , 1 evidence presented and developed during such hearing concerning the 2 revocation or suspension of such permit. If. after such hearing. 3 the City Council concludes that sufficient cause exists for the 4 suspension or revocation of such license or permit. in that a 5 I continuation of such particular license is, under the circumstances 6 existing at the time. a menace to the health, peace. morals or gen- 7 eral welfare of the public. such license or permit may be suspended 8 for any period of time the City Council deems proper under the 9 circumstances, or such permit or license may be revoked. The City 10 Clerk. the next following calendar day. shall give written notific- 11 ation by United States mail of the determination of the City Council 12 to such persons and in such manner as the notice of the hearing 13 was given. No organization. association. firm, club or corporation 14 shall do any act permitted to be done pursuant to such license or 15 permit during the period of suspension, or after revocation thereof. 16 Section B-G. Any nonprofit bona fide organization, assoc- 17 iation, club or any nonprofit corporation defined under Section 8 18 (Section Eight) hereof shall be exempt from the payment of any lic- 19 ense or permit fee otherwise required hereunder, and likewise 20 exempt from procuring a license or permit hereunder to operate. 21 conduct or permit to be operated or conducted, any games mentioned 22 in this Ordinance, provided such games are only operated, conducted 23 or permitted to be operated or conducted, for a period of time not 24 to exceed eight hours in each calendar month, and if such time limit 25 is at any time exceeded, then the license or permit and fee other- 26 wise provided for in this Ordinance shall be required. If any such 27 organization, association. club or nonprofit corporation operates. 28 conducts or permits to be operated or conducted, anyone of such 2~ games, either alone or concurrently with any other of such games, 30 for any period of time whatsoever during any calendar month. such 31 shall be deemed to be an exercise of the exemption rights for such 32 calendar month hereunder of such organization. association, club or ROBERT BUCK ATTOIINEY AT LAW tao. _KURITY .LDG. LoNG BEACH Z. CALIF. TELEPHONE 7-..'4 -7- Ordinance Number I 1 nonprofit corporation, and in such case such organization, assoc- 2 iation, club or nonprofit corporation shall not be entitled to any 3 exemption rights hereunder until the calendar month next fOllowing.- 4 Section 2. If any section, subsection, paragraph, sentence, 5 clause or phrase of this Ordinance is for any reason held to be 6 unconstitutional or invalid, such decision shall not effect the val- 7 idity or the constitutionality of the remaining portions of this 8 Ordinance. The City Council hereby declares that it would have pass- 9 ed this Ordinance and each section, subsection, paragraph, sentence, 10 clause or phrase thereof, irrespective of the fact that one or more 11 of the sections, subsections, paragraphs, setences, clauses or 12 phrases thereof had been declared unconstitutional or invalid. 13 Section 3. It is hereby declared that the passage of this I 14 Ordinance is an urgency measure for the immediate preservation of 15 the public peace, health and safety, and the following is a declar- 16 ation of the facts conatituting such urgency: I That there is no adequate ordinance governing the licensing of games mentioned in Ordinance No. 320; that there is no adequate ordinance governing the license fee for such games based upon probable revenues of such games and upon the additional cost to the City of the control and policing of such games; that there is no ordinance providing for the regulation of such games to prevent their operation from becoming detrimental to public health, safety, welfare and morals; that large numbers of persons pat- ronize such games, and unless restricted as to area, the maintenance and operation of such games in the downtown, business, beach and residential area would create a serious ROBERT BUCK ATTORNEY AT LAW SaGe eacURITY .LDG. ~N. BEACH 2. CALI.. VHONE 7....'A "- , -8- I I I Ordinance Number 1___ 1 2 :5 4 5 61 '1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 I 27 28 2~ 30 31 32 tra!fic and police problem; that such games may be played at any hour of the day or night, and hence if the downtown, business, residential and beach areas had such games, policing problems would arise and the conduct of such games in such areas would create problems of parking and sanitation and further would be disturbing to members of the'public in such areas; that the licensing of such games under this Ordinance, and with the fee provided for herein, would allow a reduction in the tax rate of the City and an expansion in the budgets of Departments of the City, especially those whose duties are increased by the presence of such games in the City, but this Ordinance must be adopted immediately to accomplish such ends; that unless this Ordinance is adopted as an urgency measure, there would be nothing to prevent the spread of such games to almost any area within the City; that the area to which such games are restricted hereunder is removed from the business, downtown, beach and residential areas, and hence does not create most of the dangers and problems which would otherwise arise; that incid- enal play of such games does not create the dangers and problems which would other- wise arise; and that unless adopted by the Council as an urgency measure, the City would lose considerable revenue and be caused additional expense through the "a.ERT BUCK AnoRNEY AT LAW 1&08 ISECURITY BLDG. ~.o~G a.ACH 2. CALI". ':""~ON' 7-841. -9- l ' I L.r Ordinance Number 1 21 3 ::influx and spread of such games throughout the City, thus causing a serious policing problem to the City. 4 That based upon the foregoing facts, the City Council here- 5 I by declares this Ordinance to be an urgency measure and that this 6 I Ordinance shall take effect immediately upon being adopted and pass- ? ed by the City Council of the City of Seal Beach. 8 Section 4. The City Clerk shall certify to the passage of .... I.... . 9 this Ordinance by the City Council of the City of Seal Beach and 10 cause the same to be printed and published once in the S~ BEACH 11 POST & WAVE, a newspaper of general circulation printed, published 12 and circulated in the City of Seal Beach, and it is hereby designate 13 for that purpose. 14 PASSED, APPROVED AND ADOPTED by the City Council of the City , it 15 of Seal Beach this /:1. day of July, 1950, by the following vote: AYES, COONCILMEN-W' E B S r E It 17 LEO/VRIPD)~/)w.il~. .5HV/=,J;:Lr - - 16 18 19 I 20 21 22 I :23 24 25 26 NQES. COUNCILMEN!, HI/HE. ' ABSENT, COUNCILMEN _ PASS, caJNCIIJ.1~ 4':' ayor of-the City of a~ach I hereby certify hat the foregoing Ordinance was passed, I 27 adopted and approved by the City Council of the City of Seal Beach -r. 28 at its adjourned meeting on the /~ day 1950. 2~ 30 31 32 ROBERT BUCK AnoRNn AT LAW ... .-cURITV .LDG. LoNG BlEACH 2. CALIF. TEuEPHON" 7~..t4 -19-