HomeMy WebLinkAboutCC Ord 394 1950-07-11
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aIDINANCE NO. 394
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AN ORDINANCE OF TIlE CI1Y OF SEAL BEACH AMEND-
ING CRDINANCE NO. 320 AS AMENDED BY CRDlNANCE
NO. 393 BY AMENDING SECTIOOS 8-B AND 8-E OF
SAID ORDINANCE, PROVIDING FOR THE PUBLICATION
OF THIS ORDINANCE AND DECLARING TIlE PASS-
AGE OF TIllS ORDINANCE TO BE AN URGENCY MEAS-
URE.
7 The City Council of the City of Seal Beach does ordain as
8 follows:
9 Section 1. Section 8-8 of Ordinance No. 320 of the City of
10 Seal Beach, as amended by Ordinance No. 393 of the City of Seal
11 Beach, the former entitled as DAN ORDINANCE OF TIlE CI1Y OF SEAL
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12 BEACH, CALIFORI/IA, PRCliIBITING TIlE PLAYING OF CERTAIN GAMES AND PRO-
13 HIBITING TIlE MAINTENANCE OR CPERATIOO OF PLACES FOR PLAYING SUCH
14 GAbiES, PRGlIBITING TIlE POSSESSION OF SAID DEVICES AND PROVIDING A
15 PENAL1Y FCR VIO~ATION TIlEREOF, DECLARING CERTAIN DEVICES TO BE
16 NUISANCES AND PROVIDING FOR THE ABATEMENT TIlEREOF, PROVIDING FOR
17 EXCEPTIONS, AND REPEALING ALL CRDINANCES CR PARTS OF ORDINANCES IN
18 CONFLICT WITII THIS ORDINANCE", is hereby amended so as to read as
19 follows:
20 .Section 8-B. No permit or license for the playing of 1aw-
21 I ful game; mentioned in Ordinance No. 320 by a nonprofit bona fide
22 organization, association, club or nonprofit bona fide corporation
23 defined by Section 8 hereof, to operate, conduct or permit to be
24 conducted or operated, any game mentioned in Ordinance No. 320, by
25 any nonprofit bona fide organization, association, club or nonprofit
26 corporation defined in Section 8 hereof, shall be granted, except
27 upon the payment of a permit or license fee therefor in the amount
28 herein provided.
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The license or permit fee for licenses or permits issued
30 hereunder between the first day of July of any fiscal year and the
31 thirty-first day of December of the same fiscal year shall be in the
32 sum of Twenty Thousand Dollars ($20,000.00) plus an additional fee
ROBERT BUCk
A1TORNEY AT LAW
1_ .a:UItITY BLDG.
LoNG BlEACH Z. CALI".
TELEPHONE 7-"14
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ROBERT BUCk
ATTOIINEY AT LAW
lao. IIIICUalTY ....DGI.
LofM ..ACH 2, CALIII'.
TELEPHONE 7....14
Ordinance Number
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1 in the sum of Thirty Dollars ($30.00) for each chair, stool, seat,
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place and each other accommodation of any kind whatsoever for play-
ers or to enable players to participate in any game licensed here-
under.
The license or permit fee for licenses or permits issued
6 hereunder between the first day of January in any fiscal year and
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the last day of the same fiscal year shall be in the sum of Ten
Thousand Dollars ($10,000.00) plus an additional fee in the sum of
Fifteen Dollars ($15.00) for each chair, stool, seat, place and
each other accommodation of any kind whatsoever for players or to
11 enable players to participate in any game licensed hereunder.
12 The additional fee provided for herein shall accompany the
13 permit or license fee. Such additional fee shall not be required in
14 any case where no license or permit fee is required.
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If, after any permit or license is granted hereunder, any
16 holder of such permit or license has or provides any additional
17 chairs, seats, stools, places or other accommodations of any kind
18 whatsoever for players or to enable players to participate in any
19 game licensed hereunder, such holder of such permit or license shall
20 prior thereto notify the City Council of its intention so to do and
21 accompany such notification with the additional fee herein provided.
22 In cases in which such additions are made prior to the first day of
23 January of any fiscal year, the additional fee shall be in the sum
24 of Thirty Dollars ($30.00) for each such additional chair, stool,
25 seat, place and each other additional accommodation of any kind
26 whatsoever for players or to enable players to participate in any
27 game licensed hereunder. In cases in which such additions are made
28 after the thirty-first day of December in any fiscal year, the
29 additional fee shall be in the sum of Fifteen Dollars ($15.00) for
30 ,each such additional chair, stool, seat, place and each other addit-
31 lional accommodation of any kind whatsoever-for players or to enable
32 players to participate in any game licensed hereunder.
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1. -The notIce to the City Council prescribed herein shall be
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2 in writing.
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3 The additional fees provided for herein shall apply whether
4 such chairs, stools, seats, places or other accommodations are used
5 or not.
6 Any license or permit issued hereunder shall entitle the
7 holder thereof to conduct, operate and permit to be operated and
8 conducted, any and all games allowed under Ordinance No. 320 and
9 not prohibited by the laws of the State of California or the Ordin-
10 ances of the City of Seal Beach, provided all applicable provisions
11 of all Ordinances of the r~ty of Seal Beach, including this Ordin-
ance, are complied with bY such holder.
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No license or permit issued hereunder shall be valid except
part or portion of the City of Seal Beach described in
15 Section S-C of Ordinance No. 320, and no license or permit issued
16 , hereunder shall be transferable except upon approval by the City
17 Council.
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All permits and licenses issued hereunder shall expire with
19 the last day of the fiscal year during which such permit or license
20 was issued. The fiscal year herein mentioned is the fiscal year for
21 I the City of Seal Beach, and for the purposes of this Ordinance is
22 defined as the period from the first day of July to and including
23 the last day of June next following any such first day of July. All
24 additional fees provided for herein likewise expire with the last
25 day of the fiscal year during which paid and are thereafter payable
26 with license or permit fees.D
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, Section 2. Section S-E of Ordinance No. 320 of the City of
28 Seal Beach, as amended by Ordinance No. 393 of the City of Seal
29 Beach, the former entitled as DAN aIDINANCE OF THE CITY OF SEAL
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30 BEAOi, CALIFCRNIA, PROHIBITING THE PIAYING OF CERTAIN GAMES AND PRO-
31 HI BITING THE MAINTENANCE CR OPERATION OF PIACES FCR PLAYING SUCH
32 GAMES, PROHIBITING THE PQC3SESSION OF SAID DEVICES
ROBERT BUCK
ATTORNIY AT LAW
tao. mrcuRln IILDG.
LoNG BEACH 2. CALIF,
TELEPHONE 7-841"
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ROBERT BUCK
ATTORNEY AT LAW
... .-cURITY BLDG.
LoNG BEACH 2. CALI..
TnI!PHONE 7....4
Ordinance Number
AND PROVIDING A PENALTY FOR VIOLATION rnEREOF, DECLARING CERTAIN
DEVICES TO BE NUISANCES AND PRCWIDING FOO THE ABATEMENT rnEROF,
PROVIDING FCR EXCEPTIOOS, AND REPEALING ALL aIDINANCES 00 PARTS OF
ORDINANCES IN COOFLICT WIrn rnrs ORDINANCE-, is hereby amended so
as to read as follows:
.Section 8-E. All applications by nonprofit bona fide organ-
izations, associations, clubs, and/or nonprofit corporations organ-
ized under the laws of the State of California, as the same are set
forth and defined in Section 8 hereof, for a permit or license to
operate, conduct or permit to be operated or conducted, games not
prohibited by the laws of the State of California and the Ordinances
of the City of Seal Beach, including this Ordinance, shall be made
to the City Clerk of the City of Seal Beach, upon forms provided
for by him according to this Ordinance, and all such applications
shall be accompanied by the permit or license fee, any additional
fee provided for herein, and the investigation fee. The City Clerk
shall refer all such applications to the City Council at its next
regular, adjourned, special or other meeting after such application
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is received by the City Clerk.
The City Council may, at the meeting during which any such
application is referred to it, further refer such application to
the Chief of Police, and shall at such meeting make a determination
whether such application shall be referred to the Chief of Police
for investigation and report. Within fifteen calendar days after
any such application is referred to the Chief of Police, he shall
make a report to the City Council concerning the facts stated in
the application, and the police record, if any, of the persons
named in the application. The applicant shall pay. in addition to
any other fees required by this Ordinance, an investigation fee in
the sum of One Hundred Dollars ($100.00) which shall accompany the
application for the permit or license and which shall not be return-
able to the applicant unless the application is not referred to the
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11 Ch~ef of Police. and such investigation fee shall be the property
2 of the applicant and not belong to nor be for the use of the City
of Seal Beach unless and until such application is referred to the
Chief of Police.
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If the City Council shall determine. at a meeting thereof,
from the application and from the report of the Chief of Police, if
any, and/or from other information furnished to it, that the peace,
welfare and safety of the, public will not be hampered, and that-the
9 granting of such license or permit would not be a menace to the
10 health, peace, morals or general welfare of the public, such applic-
11 ation, if otherwise conforming to the laws of the State of Calif-
12 ornia and the ordinances of the City of Seal Beach, including this
13 Ordinance, shall be granted. Otherwise it shall be denied.
14 At least five days prior to the date which the City Council
15 ! is to meet for such determination, the City Clerk shall notify by
16 mail the person who signed the application, at the address and/or
17 addresses appearing for such person on such application, stating
18 the time and place of such meeting_
19 At such meeting, such person signing the application and any
201 other person or persons shall have a right to be heard in behalf of
21 the application.
22 If any such application is referred to the City Council and
23 not referred by it to the Chief of Police, the City Council shall
24 either grant or deny the permit or license within thirty days after
25 the application is received by it from the City Clerk. If any such
26 application is referred to the Chief of Police for his report, the
27 City Council shall either grant or deny the permit or license with-
28 in thirty days after the Chief of Police has made his report to the
29 City Council as herein provided.
30 All applications for licenses or permits hereunder shall be
31 in writing and shall state the name of the organization, association.
32 club or corporation making the application, its address and the
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ROBERT 8UCk
ATTORNEY AT LAW
tHtr _IICURJTY .LOG.
LoNG! BEACH 2.. CALIF.
1'nIlPMONE '-8.14
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1 proposed location where games are to be conducted and played; if a
2 corporation, a photostatic copy of its Articles of Incorporation and
3 a Certificate of Incorporation from the Secretary of State; if an
4 organization, association or club other than a corporation. a photo-
5 static or other true copy of its constitution and by-laws or such
6 similar documents under which organized; a statement that such org-
7 anization, association. club or corporation is one of such provided
8 for in Section 8 hereof; a statement that the proposed games will be
9 conducted, operated or permitted to be conducted or operated, only
10 in that part or portion of the City of Seal Beach described in
11 Section 8-C hereof; a statement that the person making the applicat-
12 ion in behalf of the applicant organization, association, club or
13 corporation has authority so to do from such organization, associat-
14 ion, club or corporation; and the name and address of an indicated
15 person appointed for such purpose by the applicant organization,
16 association, club or corporation upon whom notices may be served
17 as service of notices upon such applicant organization, association.
18 club or corporation. All applications for licenses or permits here-
19 under shall be in writing and signed and verified under oath by
20 the person who makes the application for the license or permit in
21 behalf of the applicant organization, association, club or cotpor-
22 ation, together with the title or position of such person with the
23 applicant and his residence address in full, together with his
24 business address, if any."
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25 Section 3. The City Clerk shall certify to the passage of
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26 this Ordinance by the City Council of the City of Seal Beach and cau
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27 ' se the same to be printed and published once in the SEAL BEAOi POST
28 & WAVG. a newspaper of general circulation printed, published and
29 I circuiated in the City of Seal Beach, and it is hereby designated
30 for that purpose.
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Section 4. It is hereby declared that the passage of this
32 Ordinance is an urgency measure for the immediate preservation of
RO.I!RT BUCK
ATI'ORNIEY AT LAW
,_ -.cURITY .LOG.
LoNG BEACH 2. CALI'.
T'IrL.PHONE 7-" 14
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ROBERT BUCK
ATTORNEY AT LAW
1808 .KURITY .LDG.
LoNG BEACH Z. CALI".
Tl:LEPHONI! 7-8.414
Ordinance Number .
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1 the public peace, health and safety, and the following is a declar-
2 ation of the facts constituting such urgency:
That under present Ordinances of the City of
Seal Beach, power existed in the City Clerk
to issue licenses or permits for games ment-
ioned in Ordinance No. 320 without any prov-
ision for a determination as to the effect
of the granting of licenses or permits upon
the peace. morals. safety and general welfare
of the public unless the City Council made a
direction to the City Clerk to refer all such
applications to the City Council, thus not
providing by Ordinance for the equal enforce-
ment of the ordinances and laws relating there-
to and strict necessary control as to the iss-
uance of licenses and permits by the City
Council; that under present Ordinances of
the City of Seal Beach no provision was made
for payment of fees based upon relative size
of such games and the probable cost to the
City for their regulation according to size,
thus allowing for inequality of fees without
relation to size, probable revenue and amount
of control necessary; that if not adopted as
an urgency measure, all such difficulties
sought to be overcome would exist and legal
problems would exist which might endanger
the enforcement of Ordinance No. 320 as
amended, and in turn all of the dangers
sought to be obviated by Ordinance No.
393 would arise to threaten the public
peace, health and safet~
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Based upon the foregoing facts, the City Council hereby
2 declares this Ordinance to be an urgency measure and this Ordinance
:3 shall take effect immediately upon being adopted and passed by the
4 I City Council of the City of Seal Beach.
5 ' PASSED, APPROVED AND ADOPTED by the City Council of the
6 !City of Seal Beach this //~ day of July, 1950.
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14 I hereby certify that the foregoing Ordinance was adopted,
15 and approved by the City Council of the City of Seal Beach at
16 'ts regular4 meeting on the/;r~ay of July, 1950, by the following
17 ote:
~'h'-~,r: ~.
YCR OF TIlE CITY OF S BEACH
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AYES; Councilmen Eo WE Ii' -t .L F"AlRIPDJ W~ ElS7E 'to SKr/Fe.,.J..T
NOES; Councilmen t'iRR/l/6cR,.
ABSENT; Councilman A/,jA/E
PASS; Councilmen
A/oIVE
ROBERT BUCK
ATI'OIINJ:Y AT LAW
SII08 .ECURITY BUlIG.
LoNClIlIEACH 2. CALI..
TELEPHONE 7-8.14
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