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HomeMy WebLinkAboutOrdinance #497 ORDINANCE NO. L� �J 7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE REGULATION, PERMISSION AND LICENSING OF CERTAIN TYPES OF BUSINESSES, TO-WIT: CARD GAMES: The City Council of the City of Huntington Beach i does hereby ordain as follows: Section 1: CARD GAMES. No person, firm, association, corporation, ,joint venture or co-partnership, whether acting as principal, agent, clerk, employee, or servant, either for or on behalf of himself or any other firm, association, ,joint venture, co-partnership, or otherwise, who shall engage in managing, conducting or carrying on the business of or maintaining a place where tables are used for playing cards, and for the use of which a fee or compensation is charged players until such person shall have first obtained a permit and license for each table he uses or proposes to use in said business, as hereinafter provided; every person, firm or corporation proposing to engage in;.-,managing, 1 conducting or carrying on the business of maintaining a place where tables are used by the public for playing cards and for the use of which a fee or compensation is charged players, shall first fill out an application obtainable from the City Cler4, to secure a. permit so to do from the City Council, which application shall contain the following 1 1 , Ord. 49? information: (a) Name of the applicant. (b) Business address of applicant. (c ) Residence address of applicant. (d) Date and place of birth of applicant. ( e) The address and name of the owner, lessee, or other person in control of the establishment or establishments wherein the card games are pro- posed to be located. (f ) The citizenship of the applicant. r ( g) If the applicant has been convicted of any felony or misdemeanor, then a statement concerning the same should be required of the applicant; giving the time and place of such conviction. (h) A statement that the game for which a license is sought , is not intended to be, and will not be permitted to be used for any gambling purpose whatsoever. (i ) A complete description and usual name of the games and the manner in vrhich they are to be played and operated. r And in addition thereto, shall pay a license fee of $300.00 per annum,, in advance, for the first table , and $300.00 per annum in advance , for each additional table, whether or not the same is in actual use, such license fee to be payable to the City Clerk of said City at the time of the filing of the application for the permit from 1 the City Council. Each application filed with the City Clerk for such permit shall also be accompanied verith a. payment of a $25.00 application fee for payment of the costs of investigating the application and building, and in addition thereto, any applicant for a permit and license 1 Ord. 497 to conduct such place of business shall pay to the City of Huntington Beach a, permit fee in the sum of $500.00, said permit fee to be paid at the time of the filing of the application for a permit and license, and shall be payable to the City Clerk of said City. Should said permit not be issued, the applicant shall be entitled to a, refund of such money paid by him for and on account of a license fee and permit fee for which a permit was not issued, but in all events the $25.00 application fee shall i be retained by the - City. Upon the renewal of any license heretofore or hereafter issued each permittee and licensee shall pay annually, in advance, $300.00 for each table licensed. Notwithstanding any other provisions oftthis ordinance, any license issued pursuant to the provisions of this section of this ordinance shall expire upon the expiration of the year for i�hich it shall have been issued, 1 and each permittee and licensee operating under this section of this ordinance shall renew any license issued hereunder on or before the due or renewal date or any and all of his rights to operate under such license shall forthwith cease upon the termination of the year for which it was issued. It shall be .unlawful for any person to operate any table heretofore licensed under this section of this ordinance for the operation of which the license fee remains unpaid. In the event any permittee shall permit any of his licenses to expire for non-payment of license fee, he may reinstate his license by paying an application fee of $100.00 and the tendering of the licenses due for said I 3 Ord. 497 additional year within thirty days after the expiration of said license, otherwise any such application for renewal shall be treated as a new application. Before the City Council shall consider the application for such permit the City Clerk shall refer same to the Chief of Police and the Building Inspector for a. full and complete investigation of the building and location where applicant proposes to conduct such place of business as to the type of tables to be used at , the type of games to be played at, 1 and the location of the tables in the proposed place of business. No such permit will be issued by the City Council for any table to be licensed which said table is not at all times in full view of all patrons; if more than one room is used, archways shall be cut in the partitions in such a manner that the patrons in one room may view the games being played or conducted in any other room; nor shall such permits be issued if doors, screens or other obstruct— ions are to be used to conceal the players at any table; no such permit shall be issued by the City Council if the proposed business to be operated is in violation of any State Law or City Ordinance, nor shall such permit be issued if the building in which applicant proposes to conduct such business does not meet the requirements of new buildings of a like occupancy and all Fire Prevention Laws , or would be at such location that it might constitute a nuisance to the adjoining property owners or occupants. Upon completion of investigations by the Chief of Police and the Building Inspector their reports shall be submitted to the City Council in written form, whereupon the City Council may, for the 4 i Ord. 497 purpose of further investigation, withhold any and all action relative to the granting or denying of such permit for a period of 30 days. The opinion of the City Council shall be conclusive and any granting or denial of any applicant for such permit shall be final. Any permit issued wrongfully, or any license used in violation of the foregoing prohibitions shall be null and void. In the case of a sale of the entire business licensed hereunder, any license issued hereunder may be transferable to the new owner without consent of the Council, providing such new owner shall have first paid a permit fee in the sum of $500.00 and shall have been approved by the City Council as a person to whom a permit shall be issued. Provided, however, that this Section 1 of the Ordinance shall not apply to regularly incorporated ben- evolent, charitable, social or fraternal organizations Which are non-profit organizations, which pay no salaries, and which give no consideration of value of any kind to the people employed in or by such organization conducting such a business, and which organization uses the entire receipts from such tables for charitable or benevolent purposes, and, providing further tha.b such non-profit. organizations shall be subject to any and all rules and regulations as may be adopted by the City Council of the City of Huntington Beach, should such action be deemed necessary. That the total permits and licenses in the City of Huntington Beach for permission to operate such business shall not exceed the issuance of more than one such permit and license for each 500 people in number, or major 5 Ord. 497 fraction thereof, as to population based upon the special federal census of 1946, and no more than two tables shall be permitted or licensed in any one place of business, and provided further, that no games permitted hereunder shall be licensed in any hotel, apartment or rooming house. It shall be unlawful for any person to operate or use more tables than those for which he or his employer has obtained a permit and has paid the necessary license fee therefor. / It shall be unlawful for any permittee, licensee or any other person operating under any permit or license issued under the provisions urger this ordinance to permit any person to play in any game licensed hereunder, while such person appears to be under the influence of intoxicat- ing liquors, and it shall be also unlawful for any person under the influence of intoxicating liquors to play in such game. It shall be unlawful for any permittee, licensee or any other person operating under any permit or license issued under the provisions under this ordinance to permit any person playing in any of the games licensed hereunder to make any individual one bet or wager in excess of $6.00, or at any time during the game .to permit an ante in excess of the sum of $6.00 total sum anted by players participating in the game. Nothing herein contained shall in any manner whatsoever be construed as permitting any gaming prohibited by the laws of the State of California. or the Ordinances of the City of Huntington Beach. Each and all of such games shall be 6 Ord. 497 operated in full conformity with and subject to all of the provisions of the laws of the State of California, and of the Ordinances of the City of Huntington Beach. The City Council reserves the right to determine at any time , by resolution, the establishment of rules and regulations under which any permittee may operate any business licensed under this section of this ordinance. Any permit, or license issued hereunder may be revoked or suspended by the City Council of said City upon any showing that the person holding such permit and license is not conducting his pl.a.oe of business in accordance with the provisions of the laws of the State of California, or of the Ordinances of the City of Huntington Beach, or in accordance with the terms of any rule or regulation established by. said City Council. The opinion of the City Council shall be conclusive with reference to any suspension or revocation of any permit or license issued pursuant I to the provisions of this Ordinance. It shall be unlawful for any permittee, licensee or any person operating under the provisions of this Ordinance to manage, conduct or carry on any business licensed hereunder during any time such permit or license has been suspended or revoked. Any licensee complying with and under the provisions of this Ordinance, and upon payment of a $10.00 investigation fee to cover the investigation as to the building and games to be played, a6 specified elsewhere in this Ordinance, shall, with-the consent of the City Council, be permitted to move his place of business to a new location. Ord. 497 That, in addition to the provisions contained in this Section, and as supplementary thereto , and by way of regulation of the business to be operated by a permittee and licensee who permits the playing of the game of "Draw Poker", it is hereby ordained, declared and provided as follows: Section 2: The City Council of said City does hereby declare that the playing of games not prohibited by statute is conducive to public morals, and that in any proceeding 1 to annul license or to abate the business conducted thereunder or to prosecute the licensee or his employees for any acts authorized thereby, it shall be presumed that such acts are not unlawful, and that such business is not a public or private nuisance. Section 3: PRESENCE OF MINORS PROHIBITED: It is hereby declared to be unlawful for any permittee or licensee 1 under the provisions of this Section of this Ordinance, or for any. agent or employee of such permittee or licensee to permit any person under the age of 21 years to be present in any room or business establishment where the games licensed hereunder are played, and it shall be unlawful for any minor to enter or be present in any business establishment licensed hereunder. And it is hereby declared to be unlawful for any such permittee or licensee or any of his agents or employees to permit any person over the age of 21 years to play any game licensed hereunder upon said premises between the hours of 2:00 o 'clock A. M. and 10:00 o 'clock A. 34. of any day. 8 Ord. 497 Section 4: LIIv7ITATION ON RENTAL: No licensee herein shall charge or accept more than 75 cents per hour for any chair or player's place provided or used at the games licensed hereunder. Section 5: REPEALING ORDINANCE NO. 9: That Ordin- ance No. 9, entitled "An Ordinance Prohibiting Gambling By Any Device, Prohibiting the Keeping or Conducting of Places for Gambling, and Fixing the Penalties For So Doing" enacted March 19, 1909, be , and the same is hereby repealed. A Section 6: VIOLATION: Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by- a fine of not more than $500.00 or by imprisonment in the City Jail of the City of Huntington Beach, California, or in the County Jail of the County of Orange, State of California., as the committing magistrate may direct, for a period of not more than six months, or by both such fine and imprisonment, at the discretion of the Court. Each and every day during any part of which any violation of this Ordinance continues shall be deemed a separate offense hereunder. •Section 7: CONSTITUTIONALITY: If any provision of this Ordinance or the application thereof to any person or circumstance is held to be invalid, the remainder of this Ordinance, or the application of such provision to other persons or circumstances, shall not be affected thereby. Section 8: EFFECTIVE DATE: The City Clerk shall certify to the passage and adoption of this Ordinance and 9 Ord. 497 shall cause the same to be published by one insertion in the Huntington Beach Nevus, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, Orange County, California, and thirty days after the adoption hereof the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, at a regular 1 Meeting thereof held on the day of , 1946. MAYOR ATTEST: 1 _ City Clerk 10 I Ord. 497 STATE OF CALIFOEIIA County of Orange ) s s City of Huntington Beach ) I,� C. R. FURR, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach, is five; that the foregoing Ordinance was first read to said City Council at a regular meeting thereof held on the 17th day of June, 1946, and was again read to said City Council at a. regular meeting thereof held on the day of , 1946, and was passed 'and adopted by the affirmative vote of more than a ma'ority of all the members of said City Council as follows: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: City Clerk and ex-officio Clerk. of the City Council of the City of Huntington Beach, California. 11