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Home My WebLink AboutCC Ord 320 1946-02-21 l( ,"" .~~~- ~-- [~~~7~:NAL' Oi=c"CIAL COpy NOT TO 8G TAKS~~ i=::OM TH~ CITY CLERK'S OFFICE ORDINANCE NO. ~~r: I 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 GAh~S, ERCHIBITING THE POS- SESSION OF SAID DEVICES AND PROVIDING A PENALTY FOR VIOLATION THEREOF, DECLARING CERTAIN DEVICES TO BE NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF, PROVIDING FOR EXCEPTIONS, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE The City Council of the City of Seal Beach, California, does 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 II Penal Code of the State of California is played, conducted, dealt or carried on with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise, or other valu- able thing or representative of value. Section~: 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 ~m or under his charge or control in the City of Seal Beach, California, ~o be used in whole or in part as a gambling house or place for playi~g, conduct~ng, dealing or carrying on any game not mentioned in Section 330 of the Penal 'Code of the State of -, 1- California, with cards, dice or other device for money, Checks, chips, credit, pennants, cigars, candy, merchandise, or other valu- able thing or representative of value. Section 1: That it shall be unlawful for.any person to play or bet at or against any game not mentioned in Section 330 of -1- Ordinance.Number . ....... -. I the Penal Code of the Sta~e of California, which is played, con- ducted, dealt or carried on with cards, dice, or other device, for money, checks, chips, credit, pennant~, cigars, candy, merchandise or other valuable thing or representative of value, in any house, room, apartment, or 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, room, apart- ment, stand or place used in whole or in pa~t as a gambling house, or place where any game is played, conducted, 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, proviqed,' however, that this ordinance shal1 not apply to any police officer while in the exercise of his duties as such officer, or to any person whose presence in any such place is necessary in the course of his lawful business. Section 2: It shal1 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 which is controlled by placing therein any coin, plate, disc, plug, key or other device or br the payment of any fee. Section 6: Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, posse~sed, placed or maintained in violation of Section 5 of this Ordinance is hereby declared to be a nuisance and shall be subject to abatement as hereinafter provided in Section 7 hereof. Section Z: Any article declared by Section 6 hereof to be a nuisance, as a result of the operation, use, keeping, possessio~ I 1 -2- ~ I Ordinance Number . I ,. .. . placing or maintaining of which any person, firm or corporation has been convicted 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 judg- ment of conviction becomes final. The contents of such machine , shall be destroyed, or if money, shall be d~posited in the General Fund of the City of Seal Beach. If any articles subject to destruction as herein provided 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 re- leasing said articles to him for the purpose of complying with this section. Section~: The provisions of Sections 1 to 7, inclusive, shall not apply to any nonprofit bona fide organization, associa- tion, club, or to any nonprofit corporation organized under the laws of the State of California, and the playing of such game or games under the direction or auspices of any such nonprofit bona fide organization, association, club or corporation, is not the sole and only purpose for which said organization, association, club or corporation came into existence or remains in existence, or if such nonprofit organization, association, club or corporation, has other and further benefits to or for its members. Section~: Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a mis- demeanor, and, on conviction thereof, shall be punishable by fine o,rnot more than three hundred dollars ($300.00), or by imprison- I ment of not more than three 0) months, or by both such fine and imprisonment. Section lQ: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be I -3- I 1 I Ordinance Number . . , .I .... _ . unconstitutional or invalid, such decision shal1 not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it 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. Section 11: All ordinances, or parts of ordinances, in conflict with this Ordinance are hereby repealed. Section 12: The City Clerk shall certify the passage and adoption of this Ordinance and cause the same to be published in the Seal Beach Post & Wave, a newspaper of general circulation, printed, published and circulated in said City, and it is hereby designated for that purpo~e, and said Ordinance shall thereupon take effect thirty (30) days after its final passage. ~- PASSED, ADOPTED and APPROVED this ~ day of February, 1946~ ~ Mayor of the City Califor -4- ,...- Ordinance Number . .. ,. ...., . ... oO . . . I ~ STATE OF CALIFORNIA, ) County of Orange, ) SSe City of Seal Beach. ) by the of the , I hereby certify that the foregoing Ordinance was adopted City Council of the City of Seal Beach at a regular meeting -!/- Council held on the ~ day of February, 1946, and that the same was adopted by the following vote, to wit: AYES: ,Councilmen /fELL),. !1u,?,l.E1J SHI/Ft:J.7J ..rtPcC!r:&b NOES: Councilmen SH()t/4E~. ABSENT: Councilmen ~ E , Clerk of the City of ... <:alh orn1a . -5-