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HomeMy WebLinkAboutCC Ord 268 1942-07-03 I I I . . 1 ORDINANCE NO. ~,~ 2 3 .AN ORDINANCE OF THE CI TY OF SEAL BEACH. CALIFORNIA, PROHIBITING THE PLAYING OF CERTAIN GAMBLING GAMES AND'PROHIBITING THE MAINTENANCE OR OPERATION OF PLACES FOR PLAYING SUCH GN~S PROHIBITING THE POSSESSION OF SAID DEVicES AND PROVIDING A PENALTY FOR VIOLATION THEREOF~ DECLAR- ING CERTAIN DEVICES TO BE NUISA~CES AND PROVIDING FOR THE ABATEMENT THEREOF~ AND REPEALING ALL ORDINANCES OR PARTS O~. OR- DINANCES IN CONFLICT WITH THIS ORDINANCE. 4 5 6 7 8 9 10 The City Council of the City of Seal Beach. 11 California, does ordain as follows: 12 ~ECrlON 1: That it shall be unlawful for any 13 person either as principal. agent, or employee. or 14 otherwise, to keep, conduct or maintain wi thin the 15 City of Seal Beach, California, any house. room. apart. 16 men t. stand or place used in whole or in part as a 17 gambling house or place where any game not mentioned 18 in Section 330 of the Penal Code of the State of Cali- 19 fornia is played. conducted. dealt or carried on with 20 cards. dice or other device for money. checks. Chips. 21 credit. pennants. cigars. candy. merchandise. or other 22 valuable thing or representative of value. ~: That it shall be unlawful for any 23 24 person. either as principal. agent. employee, or other 25 wi se, know11ngly to allow or permit any house. room." 26 apartment, stand or place owned by him or under his I 27 t charge or control in the City of Seal Beach, Californi . 28 to be used in whole or in part as a gambling house or l' 2>:1 place for playing. conducting. dealing or carrying on 30 any game not mentioned in Section 330 of the Penal Cod 31 of the State of California. with cards, dice or other 32 device for money. checks. chips, credit. pennants. DANA R. WILLIAMS ATTORNEY AT LAW SUITE4215ECURITYIILDG. PHONE 8511-198 LONG BEACH, CALIP'. -1- r I I I Ordinance Number 1 cigars, candy. merchandise, or other valuable thing 2" or representative of value. 3 SEC~ION 3: That it shall be unlawful for any 4 person to play or bet at or against any game not 5 mentioned in Section 330 of the Penal Code of the 6 State of California. which is played, conducted, deal 7 or carried on with cards. dice. or other device. for 8 money. checks. chips, credit. pennants. cigars. candy 9 merchandise or other valuable thing or representative 10 of value. in any house. room. apartment, or place des 11 scribed in Section 1 of this Ordinance. I 12 ~ECTJO~: That it shall be unlawful for .any 13 person to visit. frequent or be present at or within 14 any house, room, apartment, stand or place used in 15 whole or in part as a gambling house. or place where 16 any game is played. conducted, dealt or carried on 17 with cards. dice or othar device for money, check~. 18 chips, credit. pennants, cigars, candy, merchandise, 19 or other valuable thing or representative of value 20 provided, however, that this ordinance shall not appl 21 to any police officer while in the exerci se of his 22 du ties as such officer, or to any person whose pre- 23 sence in any such place is necessary in the course of 24 his lawful business. 25 SECTLQN 5: It shall be unlawful for any pers 26 firm or corporation to keep, maintain or have in his 27 or its possession. or under his or its control, eithe 28 as owner, lessee, agent, employee, mortgagee. or othe - 29 wise, any punch board, any table, game or device com- 3~ monly known as a "marble game." or "pin game." or "pi 31 ball game," or any device similar thereto, the operat 32 use or play of which is controlled by placing therein DANA R. WILLIAMS ATTORNEY AT LAW SUITE 421 SECURITY !lLeG PHONE 858.1" LONG BEACH, CALI.... -2- I I I DANA R WILLIAMS ATTORNEY AT LAW SUITE 421 SECURITY8LOG PHONE 6lli8-lle LONG BEACH. CALIF. Ordinance Number L -: " '. 1 any coin. plate. disc. plug. key or other device or by the pay-men t of any fee. ~ECTIOH-2: Any machine. contrivance. appli- ance. device, game, ticket, chance, share, interest, instrument or article operated. used. kept, possessed 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 pro- vided in Section 7 hereof~ SECTiQN 7: Any article declared by Se~t1on I 6 hereof to be a nuisance. as a result of the opera- tion, use, keeping. possession. placing or maintain1~ of which any person. firm or corporation has been I convicted of or has pleaded gUilty to any violation 0 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 mach1ne shall be des- troyed, or if money. shall be deposited in the Genera Fund of the City of Seal Beach. If any articles sub- ject 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 applica tion to the JUdge of said Court for an order releasin said articles to him for the purpose of complying wit thi s section~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ~: Any person. firm or corporation 28 violating any Of the provisions Of this Ordinance 2>:1 shall be guilty of a misdemeanor. and, on conviction 30 thereof. shall be puni shable by fine of not more than 31 THREE HUNDRED ($300.00) DOLLARS, or by imprisonment 32 of not more than three (3) months. or by both such -3- I I 19 20 21 22 23 24 25 26 27 28 I 2>3 30 31 32 DANA R. WILLIAMS ATTORNEY AT LAW SUITE .21 SECURITY 8LDG PHONE 8S8.'.. LONG BEACH. CALIP'. Ordinance Number '. " 1 fine and imprisonment. 2 SECTION 9: If any section. subsection, sen- 3 tence. clause or phrase of this Ordinance is for any 4 reason held to be unconsti tu tional or invalid. such 5 decision shall not affect the validity or constitu- 6 tionality of the remaining portions of this Ordinance. 7 The City Council hereby declares tha~ it would'have 8 passed this Ordinance and each section. subsection, 9 sentence, clause and phrase thereof. irrespective of 10 the fact that one or more of the sections. sUbsectionsl. 11 sentences, clauses or phrases thereof be declared un- I 12 consti tu tional or invalid. 13 SECTION l~: All ordinances. or parts of ordin 14 ances. in conflict wi th this Ordinance are her eby 15 repealed. 16 SECTION 11: an d :adoption be pUblished The City Clerk shall certify the of this Ordinance and cause the once in the SEAL BEACH POST &. 17 passage 18 same to WAVE. a newspaper of general circulation. printed. published and circulated in said City and it is hereby designated for that purpose and shall take effect thirty (30) days after its final passage. PASSED, ADOPTED AND APPROVED this 3~ day of Jul y. 1942 . eac, Attest: ~~~e~ty of Seal Beach. I hereby certify that the foregoing Ordinance -4- I I 28 I 29 DANA R WILLIAMS ATTORNEY AT LAW SUITE..2ISECURITVBLDG PHONE 613"-18B LONG BEACH, CALIF Ordinance Number , '. " was adopted by the City Council of the City of Seal Beach at a regular meeting of the Council held the ~d day of July. 1942. and tha t the same was adopte 4 by the following illote. to wi t: AYES: Councilmen NOES: counCilmen~ ABSENT: Councilmen 1 2 3 5 6 7 8 9 ]0 11 rrr Seal 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 80 31 32 -5-