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Home My WebLink AboutCC Ord 428 1952-08-18 .. ~ III I I . ORDINANCE NO. IJ~ ~ AN ORDINANCE OF THE CITY OF SEAL BEA<?~~ CALIFORNIA, PROHIBITING THE PLAYING OF CERTAIN G~LING GAMES AND PROHIBITING THE MAINTEl'lANCE OR OPERATION OF PLACES FOR PLAYING SUCH GAMES; PROHIBITING THE POSSESSION OF SAID DEVICESi' DECLARING CERTAIN DEVICES TO BE NUISANCES AND PROVID NG FOR ABAT>>1ENT THEREOF' PROVIDING FOR LICEl'lSING OF CERTAIN GAMES NOT PROHIBnD BY S!X:TION 330 OF THE CALIFORllIA PEl'lAL CODE; PROVIDING FOR LICEl'lSE FEES AND RESTRICTING SUCH GAMES TO A CERTAIN AREA- PROVIDING FOR EXCEPTIONS AND ISSUANCE OF LICEl'lSE; ~ROVIDING FOR PENALTYLPROVIDING FOR THE REPEAL OF ORDINANCE NO. '+07L~D PROVIDING A TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. The Psople of the City of Seal BeaCh, California do ordain as follows: Section 1: That it shall be unlawful for any person, either as principal, agent, or employee, or otherwise, to keep, conduct, or maintain within the City of Seal BeaCh, California, any house, room, apartment, stand, or place used in whole or in part as a gambling house or place where any game not mentioned in Section 330 of the Penal Code of the State of California is played, oonducted, dealt, or carried on with cards, dice, or other device for money, cheCkS, chips, credit, pennants, ,cigars, candy, merchandise, or other valuable thing or representative of value. Section 2: That it shall be unlawful for any person either as prinoipal, agent, employee, 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 City of Seal Beaoh, California, to be used in whole or in part as a gambling house or place for playing, conducting, dealing, or carrying on any game not mentioned in Section 330 of the Penal Code of the State of California, with cards, dice, or other device for money, checkS, chips, credit, pennants, cigars, candy, merchandise, or other valuabls thing, or representative of value. Section ~: That it shall be unlawful for any person to play or bet at or against any game not mentioned in Section 330 of the Penal Code of the State of California which is played, conducted, -1- ... Ordinance Number I dealt, or carried on with cards, dice, or other device, for money, checks, chips, credit, pennants, cigars, candy, merchandise, or other thing or representative of value in any public place within the City of Seal Beach unless such place is the holder of a valid permit or 1ioense as provided in Section 8 of this Ordinance. Sec\ion it: It shall be unlawful for any person, firm, 00- partnership, or oorporation to allow or permit any person or persons to play or engage in the playing of any game not mentioned in Section 330 of the Penal Code of the State of California, in any publiC plaoe within the City of Seal Beach, except in the area described in Section 10 of this Ordinance. Section r;: 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, employee, mortgagee, or otherwise, any punch board, any table, game, or device commonly known as a "marble game," or "pin game," or "pin ball game," or any device similar thereto, the operation, use, or play of whioh is controlled by placing therein any coin, plate, disc, plug, key, or other device, or by the payment of any fee. Section 6: Any machine, contrivance, appliance, device, game, ticket, chanoe, share, interest, instrument, or article operated, used, kept, possessed, placed, or maintained in violation of Section ; of this ordinance is hereby declared to be a nuisanoe and shall be subject to abatement as hereinafter provided in Section 7 hereof. Section 7: Any article declared by Seotion 6 hereof to be a nuisance, as a result of the operation, use, keeping, possession, placing, or maintaining of which any person, firm, or corporation has been oonvicted of or has pleaded guilty to any violation of any law of this State, or of any ordinance of this City, shall be destroyed by the Chief of Police after such plea, or after judgment of conviction becomes final. The contents of such machine shall be destroyed, or if money, shall be deposited in the General Fund of the City of Seal Beach. If any articles subject to destruotion as herein provided are in the custody of any Court within the City of Seal I , -2- I I I . Ord~nance Number . . Beach, the Chief of Police shall cause to be made an application to the JUdge of said Court for an order releasing said articles to him for the purpose of complying with this Section. Section 8: Notwithstanding the provisions of Sections 1 to 7, inclusive, the City Counoil may grant a license or permit to operate, conduct, or permit to be operated or oonducted any game not prohibited by Section 330 of the Penal Code of the State of California to any person, firm, co-partnership, organization, association, club, group, or corporation in the manner as hereinafter set forth. As used in this ordinance, the term "license" means both license and permit, and the term "permit" means both permit and license. All applications for a permit or lioense to oonduct games not prohibited by the laws of the State of California, and the ordin- ances 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 by him according to this ordinance, and all suoh applica- tions 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 refer said application to the City Counoil, and the City Council may authorize the City Clerk to issue a permit or license upon such terms and conditions as the City Council shall require. The City Clerk shall present such application to the City Council at its next regular or adjourned meeting after any such application is filed with the City Clsrk. Section 9: No permit or license for the operation and conduct of lawful games not prohibited by the laws of the State of California, shall be issued to any person, firm, co-partnership, organization, association, club, group, or corporation except upon the payment of a permit or license fee therefor in the amount herein provided, whioh lioense fee shall accompany the applioation for license when filed with the City Clerk. The annual permit or license fee shall be the sum of TWENTY THOUSAND DOLLARS ($20,000.00>, plus the sum of THIRTY DOLLARS -3- I I I . Ordinance Number (' I.. ($30.00) for each chair, stool, seat, plaoe, and sach other acoommo- dation of any kind whatsoever for players, or to enable players to participate in any game lioensed hereunder. If, after any permit or license is granted hereunder, any holder of such permit or lioense has or provides any additional chairs, seats, stools, places, or other acoommodations of any kind whatsoever enabling or intended to enable players to participate in any games licensed hereunder, such holder of such permit or license Shall, prior thereto, notify the City Council of its intention so to dO, and accompany such notification with the additional tee of THIRTY DOLLARS ($30.00) per accomodation 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 suoh stools, chairs, seats, places, or other accommodations are used or not.. Section J.Q: No lioense or permit shall be granted to operate, conduc,t, 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, of the City of Seal Beach described as except in that ,part or portion . follows: BEGINNING at a point of intersection 9f 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 thousand (2000) feet to a point in aforesaid Northeasterly line of the State Highway; thence Northeasterly along a line radial to the ourve of the highway at the last point,. a distance of five hundred feet to a point; thence in a Nor~westerly 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 inter- section with the aforesaid Northeasterly line of the State Highway to a POi~~t which point is also the point of beginning, conta ng approximately 23 acres. Section 1.\: The City Council shall not issue or permit to be issued more than one license or permit for each THREE THOUSAND (3000) in population, or traction thereof. The issuance of licenses here- under shall be based on the last official census of the United States Government. -'+- . .. .. I 1 I Ordinance Number Seollion 12: The City Council shall have the right and privilege of granting a lioense or permi t for any of the games mentioned in this ordinance to any church, fraternal organization, veteran's o.rganization, or civic organization of the City of Seal Beach for a limited time without the payment of any license fee whatsoever; but no license or permit shall be issued to suoh organization in this paragraph mentioned except on written application to the City Counoil of the City of Seal Beach, and such license or permit shall not be granted for a longer time than four days in each month. l3ection U: Effective on the 21st day of May, 195'3, Ordinance No. '+07 is hereby repealed and this initiative ordinanoe shall beoome and be in full force and effect upon the said 21st day of May, 195'3, and not before such date, provided however, any provision of this ordinance to the contrary notwithstanding, applications for licenses or permits under the prOVisions of this ordinance may be filed at any time after May 1st, 195'3, and the City Council shall have the power to issue licenses or permits under the provisions of this ordinance which said licenses issued upon applications so filed shall be effective at 12:0l a.m. May 21st, 195'3, and not prior to such time. Sec~ion l~:' If any section, sub-section, paragraph, sentence, clause, or phrase of this ordinance is for any reason hsld to be unconstitutional or invalid, such deoision shall not effect the validity or the constitutionality of the remaining portion of this ordinanoe. The people of the City of Seal Beach hereby declare that they would have passed this ordinance, and each seotion, sub-section, paragraph, sentence, olause, or phrase thereof irrespeotive of the fact that one or more of the seotions, sub-sections, paragraphs, sentenoes, clauses, or phrases thereof had been declared unconstitutional or invalid. Section U: Any person, firm, or corporation violating any of the prOVisions of this ordinance shall be guilty of a misdemeanor, and, on conviction thereof, shall be punishable by a fine of not more than three hundred dollars ($300.00), or b,y imprisonment of not more than three (3) months, or by both such fine and imprisonment. -5'- . . . I.' -I I Orq~nance Number ,- PASSED, ADOPTED and APPROVED this ., IT day of August, 195'2. ~;~~ /~. Mayor of t e City of Seal each, California. ATTEST: r, .~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, JOHN W. MULCAHY, hereby certify that the foregoing Ordinance was adopted by the City Counoil of the City of Seal Beach at a regular meeting of the -Council held on the 1(11:- day of August, 195'2, and that the same was adopted by the following vote, to wit: AYES: NOES: ABSENT: Councilmen WF8,sTEIf. i.lF"o.vAH/J J.I4WIIFI'O .8oWF'" S/l";t:~~r Councilmen Councilmen Calif. -- ".... ---:.- .~ -6-