HomeMy WebLinkAboutCC Ord 407 1951-05-21
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DANA R. WILLIAMS
A'ITORNEY AT LAW
..,.& .ECURITY .LDG.
LoNG BEACH lB. CAUF.
TELEPHONE 1S8-8t..
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1 ORDINANCl!: ~.o.~
2 ORDINilNCE OF THJi: CITY OF Sl!:AL BEACH :.FtOrlI~onnlG MAINTl!:NANCE OF
GAlrlBLING PLACES; PROHIBITING PERMITTING OF G~ll,JBLING IN SUCH PLACE;
:3 PROHIBI'.rING PLAYING OF GAMBLING GAMES; PROHIBITING ANY PEHSON
FROM FREQUENTING GAMBLING PLACES; PROHIBITING POSSESSION OF
4 I CERTAIN DEVICES; DECLARING CERTAIN DEVICES '.00 Bl!: llUISAIm~ AND
I PROVIDING FOR ABATJ!:MENT THI!:REOF; PROVIDING FOR LICENSING CERTAIN
5 GAl.!ES NOT PROHIBITED BY SECTION 330 OF THE PENAL CODE; PROVIDING
FOR LICl!:NSE FEES; HbiSTHICTING SUCH GAMES '.r0 A CERTAIN ARl!:A;
6 PROVIDING FOR EXCEPTIONS AND FOR ISSUANCl!: OF LICl!:NSES; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVl!:RABILITY OF
7 ORDINANCE; DECLARING AN EMERGENCY; PROVIDING FOR PENALTY and
PROVIDING FOR PUBLICATION AND PASSAGE OF THIS ORDINANCE.
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10 The Ci ty of Seal Beach, by and through its City Council
11 does ordain as follows:
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Section 1: That it shall be unlawful for any person,
13 either as principal, agent, or employee, or othe1'\1'ise, to keep,
14 conduct, or maintain wi thin the Ci t'y of Seal Beach, California, any
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house, room, -apartment, stand, or place used in whole or in part
as a gambling house or place where any game not mentioned in Sectio
330 of the Penal Code of the State of California is played, conduct
ed, dealt, or carried on with cards, dice, or other device for
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money, checks, ohips, credit, pennants, cigars, candy, merchandis.,
or other valuable thing or representative of value.
Section 2: That it shall be unlawful for any person,
either as principal, agent, ~loyee, or otherwise, knowingly to
allow or permit any house, room, apartment, stand, or place owned
by him or under his charge or control in the Ci ty of Seal Beach,
California, to be used in whole or in part as a gambling house or
place for playing, conducting, dealing, or carrying on my game not
mentioned in Section 330 of the Pllnal Code of the State of Calit-
ornia, with cards, dice, or other device for money, checks" chips,
credit, pennants, cigars, candy, merchandise, or other valuable
thing, or representative of value.
Section 3: That it shall be unlawful for aD7 person to
play or bet at or against aDif game not mentioned in Section 330 of
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Ordinance Number
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1 the Penal Code of the ~tate of California vmich is played, conducted,
2 dealt, or carried on ,,'ith cards, dice, or other device, for money,
3 checks, chips, credit, pennants, cigars, candy, merchandise, or
4 other thing or repr~sentative of value in any public ulace within
5 the City of Seal Beach unless ~uch place is the holder of a valid
6 pormi t
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or license as nrovided in Secti0n 8 of this Ordinance.
Section 4: It shall be unlawful for any person, firm,
8 co-partnership, or corporation to allow or permit any person or
9 persons to play or engage in the playing of any game not ~entioned
10 in Section 330 of the Penal Code of rhe state of California, in any
11 publiC placs within the City of Seal Beach, except in the area
12 described in Section 10 of this Ordinance.
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Section ?: It shall be unlawful for any person, firm,
or corporation to keep, maintain, or have in his or its possession,
or under his or its control, either as owner, lessee, agent, employe ,
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17 mortgagee, or otherwise, any punch board, any table, game, or device
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cO"lmon1y known as a "marble ~ame", or "pin game", or "pin ball game",
or any device similar thereto, the operation, use, or play of which
is controlled by p1acin~ therein any coin, plate, diSC, plug, key,
or other device, or by t.he pa~ent of any fee.
Section 6: Any machine, contrivance, anpliance, device,
game, ticket, chance, share, interest, instrument, or article oper-
ated, used, kept, possessed, placed, or maintained in violation of
Section , of this Ordinance is hereby declared to be a nuisance and
subject to abatement as hereinafter provided in Section 7
26 shall be
27 hereof.
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DANA R. WILLIAMS
ATrOItNEY AT LAW
481-. neURITT aLDCli.
'LON_ IbACH a. CALIF.
TIILIIPHONI!: .8-8'..
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Section 7: Any article declared by Section 6 hereof to
be a nuisance, as' a result of the operation, use, keening, posse~s-
ion, placing, or maintaining of which any person, firm, or corpora-
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DANA R. WILLIAMS
ATTORNBV AT LAW
GI-Z SECURITY aLD..
UNCl811ACH a. CALI".
TELEPHONE .._11'..
Ordinance Number
11 tion has been convicted of or has pleaded guilty to ~ violation
2 ot any law of this State, or of an;y ordinance of this City, shall
3 be destroyed by the Chief of Police after such plea, or after
41 judgment of conviction becomes tinal. The contents of such machine
5 shall be destroyed, or if mone,., shall be deposited in the General
6 Fund of the City of Seal Beach. If any articles subject to de-
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7' struction as herein provided are in the custod,. of an;y Court wi1h..
8 in the Ci t,. of Seal Beach, the Chief of Police shall cause to be
9 made an, applica tion to the Judge of said Court for an ord.er re-
10 leasing said articles to him for the purpose of complying wi th
11 this section.
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Section 8: Notwithstanding the provisions of Seotions
13 1 to 7, inclusive, the Ci ty Council ma,. grant a license or permit
14 operate, conduct, or permit to be operated or conducted any game DO
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prohibited by Section 330 of the Penal Code of the state of Calif..
ornia to an,. person, firm, co-partnership, organization, associa-
tion, club, group, or corporation in the manner as hereinafter set
forth. As used in this ordinance, the term "licenseD means both
license and permit, and the term Dpermitll means both permit and
license.
All applications for a permi t or license to concl.uct
games not prohibited b,. the laws of the State of CalU'ornia, and
the ordinances of the City of Seal Beach, includ.ing this ordinance,
shall be made to the City Clerk of the City of Seal Beach upon
forms provided by him according to this ordinance, 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
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such application, the City Clerk shall refer said application to
the Ci t,. Counoil, and. the Ci ty Council ma,. authorize the Ci ty Clerk
to issue a l.icense or permit upon suoh terms and conai tions as
the said City Council may order. The Ci t,. Clerk sMll present such
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or adjourned
1 application to the City Council at its next regular/meeting after
2 any such application is .liled "Tit!! i;he City Clerk.
3 8ection 9: No permit or license for the operation and
4 conduct of lawful games not prohibited by the laws of the State
5 of Cali.lornia, shall be issued to any person, firm, co-partnership,
6 organization, association, club, group, or corporation except upon
7 the payment of a permit or license fee therefor in the amount
8 herein provided, which license fee shall accompany the application
9 for license when riled with the City Clerk. The annual permit or
10 license fee shall be the sum of T"iENTY THOUSAND DOLLi,RS (,.i20,000),
11 plus the sum of THIRTY DOLLj~S ($30.00) for each chair, stool,
12 seat, place, and each other accommodation of any kind whatsoever
13 for players, or to enable players to particIpate in any game
14 licensed hereunder.
15 If, after any permit or license is granted hereunder,
16 any holder of such permit or license has or provides any addition-
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al chairs, seats, stools, places, or other accommodations of any
kind whatsoever to players, or to enable players to par~i~ipate
in any game licensed hereunder, such holder of such permit or
license shall, prior thereto, notify the City Council oi its in-
tention so to do, and accompany such notification with the addi-
tional fee of THIRTY DOLLARS ($30.00) per accommodation as herein
provided.
The notice to the City Council prescribed herein shall
be in writing and the additional fees provided for herein shall
apply whether such stools, chairs, seats, places, or other
accommodations are used or not.
Section 10: No license or permit shall be granted to
operate, conduct, or permit to be operated or conducted any lawful
game not prohibited by the laws of the State of California and
under the conditions in this ordinance mentioned, except in that
part or portion of the City or Seal Beach described as follows:
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BEGINNING at a point of intersection of the North-
easterly line of the California state Highway! Route
60, and the Northwesterly City limits of the Gity
of Seal Beach; thence from said point ot beginning
along the aforesaid Northeasterly line of the State
Highway in a Southwesterly direction a distance of
two thousand (2000) feet to a point in aforesaid
Northeasterly line of the State Highway; thence
Northeasterly along a line radial to the curve of
the highway at the last point, a distance 01 five
hundred feet to a point; th~nce 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 idth
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, contain-
ing approximately 23 acres.
Section 11: The City Council shall not issue or permit
13 to be issued more than one license or permit for each THREE THOUSA
14 (3000) in population, or fraction thereof. ~he issuance of
l5 licenses hereunder shall be based on the last official census of
16 the United States Government.
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Section 12: The City Council shall have the right and
l8 privilege of granting a license or permit for any of the games
19 mentioned in this ordinance to any church, fraternal organization,
20 veteran's organization, or civic organization of the City of 8eal
21 Beach tor a limited time without the payment of any license fee
22 whatsoever; but no license or permit shall be issued to such organ-
23 ization in this paragraph mentioned except on written application
24 to the City Council of the City of Seal Beach.
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Section l~: All ordinances, or parts of ordinances, in
26 conflict with this ordinance are hereby repealed.
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Section l~: If any section, sub-section, paragraph,
28 sentence, clause, or phrase of this ordinance is for any reason
29 held to be unconstitutional or invalid, such decision shall not
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The City Council hereby declares that it would have pass-
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Ordinance Number
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1 ed this ordinance, and each section, sub-section, paragraph, sen-
2 tence, clause, or phrase thereof irrespective of the fact that one
:3 or more of the sec tions, sub-sec tions, paragra:p hs, sentences,
4 clauses, or phrases thereof had been deolared unconstitutional or
5 invalid.
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See tion 15: Tne Ci ty Council declares tha t an emergenc
7 exists affecting the pUblio peace, health and safety of the citizen
8 of the City and that it is necessary to adopt this ordinance for
9 the immediate preservation of the public peace, health and safety
10 of the citizens of the City, and that the facts constituting such
11 emergency are as follows: The Attorney General of the State of
12 California and the City Attorney of the City of Seal Beach have
13 advised the City Council that a certain organization is operating
14 and conducting a game and/or games within the City limits or the
15 Ci ty of Seal Beach in violation ot the present exis ting ordinances
16 of the City of Seal Beach; that said organization has heretofore
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DANA R. WILLIAMS
ATI'ORNSY AT LAW
GI.. elECURITY .LDG.
LoN. BEACH a. CALIP.
......EPHONI!: IUI.8t.8
been granted a license to operate such games and have heretofore
paid to the City an annual license fee of approximately thirty-
and employ approximately 156 persons
five thousand dollars ($35,000.00),/and have been granted a license
to operate said game and/or games wi thin the Oi ty of Seal Beach;
that in the event a license to operate such gane and/or games is
not issued to some person, firm or organization for the ensuing
year, the City will sutfer a loss of annual revenue in the sum of
approximately thirty-five thousand dollars ($35,000.00), which will
and approximately 156 pervons will be deprived of employment
result in a substantial loss of income to the City,jand in the
opinion of the Ci ty Council it is necessary that immediate measures
be enacted to comply with the opinion of the Attorney General 01'
the State of California and the City Attorney of the City of Seal
Beach, and that unless this ordinance be adopted as an emergency
measure the City will be deprived of substantial revenue.
Section 16: Any person, firm, or corporation violati
any of the provisions of this ordinance shall be guilty of a
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misdemeanor, and, on conviction tf8reof, shall be punishable by
fine of not more than three hundred dollars ('300.00), or bY'
3 imprisonment of not more than three (3) months, or by both such
4 fine and imprisonment.
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Section 17: The City Clerk shall certify to the
adoption ot this ordinance of the Ci ty of Sea! Beach and. cause the
same to be printed and published in the Seal Beach Post and Wave,
a newspaper of general circulation printed, published, and oircu-
lated in the CitY' of Seal BeaCh, and it shall take effect and be
in force immediately after its adoption by the City Council.
PASSED, APPROVED, AND ADOP!DlID bY' the CitY' Counoil of
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the CitY' of Seal Beach this.:2l- day of MaY', 1951, by the following
vote.
AYES: Councilmen
_: COWlcllmen
ABS~NT:Councilmen
1Iitil!lil~~Councilmen
Wt:8STC~. .teo/VHIW. ~()WE/I/
I3dWE~o;~(;P:E~r
NfJ.vE
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24 I herebY' certify that the toregoing Ordinance was
25 passed, adopted, and approved by the Ci ty Council of the Ci ty ot
26 Seal Beach at i ts adjourn~~~t~1ng on the.2/ ~ay of May, 1951.
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DANA. R. WILLIAM.
ATroIlNEY AT LAW
..:lI.a ..CURlTY aLDG.
LoNG BIL\CH a. CAu,..
"R'LaPHONE 88.818.
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