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HomeMy WebLinkAboutCC Ord 429 1952-08-18 \ -'I r I I .., . . " ORDINANCE NO. '-I-;J,l.j AN ORDINANCE OF m CITY OF SEAL BEACHL CALIFORNIA, PROHIBITING THE PLAYING OF CERTAIN GAMBLING GAMES AND PROHIBITING THE MAINTENANCE OR OPERATION OF PLACES FOR PLAYING SUCH GAMES PROHIBITING THE POSSESSION OF SAID DEVICES AN6 PROVIDING A PENALTY FOR VIOLATION THEREOF.1 DECLARING CERTAIN DEVICES TO BE NUISANCES AND PHOVIDING FOR THE ABATEMENT THEREOF PROVIDING FOR EXCEPTIONS AND REPEALING ALL ORDiNANCES OR PARTS OF ORDINAftcES IN CONFLICT WITH T!!IS ORDINANCE, PROVIDING A TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. The People of the City of Seal Beach, California, do ordain as follows: . " Se~~ion 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, conducted, dealt or carried on with card~ dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise, or other valua- ble thing or representative of value. Section 2: That it shall be unlawful for any person, either as prinCipal, agent, employee, or otherwise, knowingly to allow or permit any house, room, apartment, stand or place owned by him or under his oharge 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 Califor- nia, with cards, dioe or other devics for money, checkS, chips, credit, pennants, cigars, candy, merchandise, or other valuable thing or representative of value. Section l: That it shall be unlawful for any person to play or bet at or against any game not mentioned in Seotion 330 of the Penal Code of the State of California, which is played, oon- ducted, dealt or carried on with cards, dice, or other device, for money, checks, chips, credit, pennants, cigars, candy, merchandise " ~'''~1'' -1- I I I , Ordinance Number .. or other valuable thing or representative of value, in any house, room, apartment, or place described in Section 1 ot this Ordinance. ~: That it shall be unlawful tor any person to visit, frequent or be present at or w:l.thin any house, room,apartment, stand or place used in whole or in part as a gambling hoUse, or place where any game is played, conducted, dealt or oarried on w:l.th cards, dice or other device for money, checkS, chips, credit, pennants, cigars, candy, merchandise, or other valuable thing or representative of value, provided, however, that this ordinance shall not apply to any police officer while in the exercise of his duties, as such otfioer, or to any person whose presence in any such place is neceS- sary in the course ot his lawful business.- Sec1(ion '5: It shall be unlawful tor any person, tirm 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 ]mown as a "marble game", or "pin game", or "pin ball game", or any device similar thereto,- the operation, use or play of which , , is controlled by placing therein any coin, plate, disc, plug, key or other device or by the payment ot any tee. SecUon 6: Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept,'possessed, placed or maintainsd in violation ot Section 5 of this Ordinance, is hereby declared to be a nuisance and shall be subject to abatement as hereinafter provided in Section 7 hereot. Sec~ion 7: Any article declared by Section 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 convicted of or has pleaded guilty to any violation of any law ot this State, or ot any Ordinance of this City, shall be destroyed by the Chiet ot Police atter suoh plea, or after judgment ot convic- tion becomes tinal. The contents of such machine shall be destroyed, or if money, shall be deposited in the General Fund of the City of Seal Beach. It any articles SUbject to destruction as herein pro- -2- ;.. .. .. I I I Ordinance' Number vided are in the custody of any Court within the City of Seal Beach, the Chief' of Police shall cause to be made an application to the Judge of' said Court for an order releasing said artioles to him for the purpose of complying with this section. Section 8: Notwi~standing the provisions of Seotions 1 to 7, inclusive, the City Council of the City of Seal Beach shall have the right and privilege of granting a license or permitJfor any of the games mentioned in this Ordinance to any ohurch, fraternal organi- zation, veteran's organization, or oivic organization of the City of' Seal Beach for a limited time without the payment of any license tee whatsoever; but no license or permit shall be issued to such organi- zation in this paragraph mentioned except on written application to the City Council of the City of Seal Beach. Sec1;ion 9: Any person, firm or oorporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and, on conviction thereof, shall be punishable by fine of not more than Three Hundred Dollars ($300.00), or by imprisonment of not more than three (3) months, or by both such fine and imprisonment. Section lQ: If any section, subsection, sentence, olause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, suoh decision shall not effect the validity or oonstitu- tionality of' the remaining portions of' this Ordinance; The People hereby declare that they would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses or phrases thereof be declared unconstitutional or invalid. ~: Effective on the 21st day of May, 1953, Ordinance No. 407, and all ordinances in conflict with this Ordinance, are hereby repealed, and this initiative ordinance shall beoome and be in full force and effect upon the 21st day of May, 1953, and not before such date. PASSImt ADOPTED and APPROVED this IT ~ day of August, 1952. .~a:,;~ ;( ~:,d~. Mayor of' the City of ealrBea , Cafffornia -3- . Ordinance Number - . I STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ~ SS I, JOHN W. MULCAHY, hereby certify that the foregoing Ordinance was adopted by the City Council of the City ot Seal Beach el at a regular meeting of the Council held on the IT - day ot August, 195'2, and that the same was adopted by the following vote, to wit: NOES: CouncilmenJV EBS7.l"A' LED.",.." IJ ..(;4 lVN,ltl) .Bowl!'''' :5I1Q"A.r . Councilmen NON~ AYES: ABSENT: Councilmen NdNE I 1 I -4- , ORDDfJUt'CE No. 429 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, PROHIBITING THE PLAYING OF CERTAIN GAMBLING GAMES AND PROHIBITING THE MAINTENANCE OR OPERATION OF PLACES FOR PLAYING SUCH GAMES, PROHIBITING THE POSSESSION OF SAID DEVICES AND PROVIDING A PENALTY FOR VIOLATION THEREOF, DECLARING CERTAIN DEVICES TO BE NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF, PROVIDING FOR EX(XYrIONS, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A I WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. The Ie of the City of Seal Beach, California, do ordain as follcws: Sec:ti . That it shall be unlawful for any person either as principal, agent, or employee, cr otherwise, I keep, c duct or mantain within the City of Seal Beach, California, any house, room, apartment, stand cr lace used in whole or in part as a gambling house or place where any game not menticned in Section 330 of the enal Code of the State of California is played, conducted, dealt or carried on with cards, dice or other device Ir money, checks, chips, credit, pennants, cigars, candy, merchandise, or other valuable thing or representa- ve of value, Section 2. That it shall be unlawful for any person, either as principal, agent, emplcyee, cr otherwise, nowingly to allow or permit any house, room, apartment, stand or place owned by him or under his charge or mtrol in the City of Seal Beach, California, to be used in whole or in part as a gambling house or place for play- Ig, ccnducting, dealing or carrying on any game not mentioned In Section 330 of the Penal Cede cf the State of alifornia, with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise, _ r ether valuable thing or representative of value, Section 3. That it shall be unlawful for any person to play or bet at or against any game not mentioned I Section 330 cf the Penal Cede of the State of California, which is played, conducted, dealt or carried en with mis, dice, cr ether device, for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable ling or representative cf value, In any house, room, apartment, cr place described in Section 1 of this Ordinance. Section 4. That it shall be unlawful for any person to visit, frequent or be present at or within any house, 10m, apartment, stand or place used in whcle or In part as a gambling house, or place where any game is played, mducted, dealt or carried on with cards, dice or ether device for mcney, checks, chips, credit, pennants, cigars, mdy, merchandise, or ether valuable thing or representative of value, provided, however, that this Ordinance 1all not apply to any police officer while in the exercise of his duties as such cfficer, or to any person whose resence in any such place is necessary in the course of his lawful business. Section 5. It shall be unlawful for any person, firm cr ccrporaticn to keep, maintain or have in his posses- on, cr under his or its contrcl, either as owner, lessee, agent, employee, mortgagee, or otherwise, any punch lard" table, game cr device commcnly known as a "marble game", or "pin game", cr "pin ball game", or 1Y de similar theretc, the operation, use or play of which Is controlled by placing therein any coin, plate, lsc, pI key or other device or by the payment of any fee. See 6. Any machine, ccntrivance, appliance, device, game, ticket, chance, share, interest, instrument or ticle operated, used, kept, possessed, placed or maintained in violation of Section 5 cf this Ordinance, is hereby !clared to be a nuisance and shall be subject to abatement as hereinafter provided In Section 7 hereof. Section 7. Any article declared by Section 6 hereof to be a nuisance, as a result of the operation, use, keep- g, possessicn, placing or maintaining cf which any perscn, firm or corporation has been convicted of cr has eaded guilty to any violation of any law of this State, or of any Ordinance of this City, shall be destroyed by Ie Chief of Police after such plea, cr after judgment cf convicticn beccmes final. The contents of such machine lall be destroyed, cr if money, shall be deposited in the General Fund of the City of Seal Beach. If any articles Ibject to destruction as herein provided are in the custody of any Court within the City of Seal Beach, the ~ief of Police shall cause tc be made an application tc the Judge of said Court for an order releasing said ticles to him for the purpose of complying with this section. Section B. Nctwithstanding the provisions of Sections 1 to 7, inclusive, the City Ccuncil of the City of Seal !ach shall have the right and privilege of granting a license or permit for any of the games mentioned in this ~inance to any church, fraternal crganizaticn, veteran's organization, or civic organizaticn of the City of !al Beach for a limited time without the payment of any license fee whatsoever; but no license cr permit shall , issued to such crganizatlon in this paragraph mentioned except on written application to the City Council the City of Seal Beach, Section 9. Any perscn, firm or ccrporation viclating any of the provisicns of this Ordinance shall be guilty a misdemeanor, and, on conviction thereof, shall be punishable by fine cf not more than Three Hundred Dol- rs ($3()(),()()), cr by imprisonment cf not mere than three (3) months, or by both such fine and imprisonment. Section 10. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held be unconstitutional cr invalid, such decision shall not effect the validity or constitutionality of the remaining dions of this Ordinance. The People hereby declare that they would have passed this Ordinance and each ction, subsecticn, sentence, clause and phrase thereof, IrrespeCtive of the fact that one or more of the secticns, bS~S' sentences, clauses or phrases thereof be declared unconstitutional or Invalid. S n 11. Effective on the 21st day of May, 1953, Ordinance No, 407, and all crdlnances In conflict with is nance, are hereby repealed, and this Initiative ordinance shall become and be In full force and effect Ion the 21st day of May, 1953, and not before such date.