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HomeMy WebLinkAboutOrdinance #710 ORDI NANCE No. 710 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING ARTICLE 532 ENTITLED "PIN BALL MACHINES" TO CHAPTER 53 OF THE HUNTINGTON BEACH ORDINANCE CODE, AND ADOPTING NEW SECTIONS TO SAID NEW ARTICLE. The City Council of the City of Huntington Beach do ordain as follows: Section 1. There is hereby added to the Huntington Beach Ordinance Code, as part of Chapter 53, Article 532 entitled, "Pin Ball Machines". Section 2. There are hereby added new sections 5321, 53222 53239 532+9 5325, 5326, 53279 5328 and 5329 to Article 532 of the Huntington Beach Ordinance Code, which new sections shall read in words and figures as follows: Section 5321. Pinball Machines Prohibited. Every person who manufactures, owns, stores, keeps, possesses, sells, rents, leases, lets on shares, lends or gives away, transports or exposes for sale or lease or offers to sell, rent, lease, let on shares., lend or give away or who per- mits the operation of or permits to be placed, maintained, used or kept in any room, space or building owned, leased or occupied by him or under his management or control, any pinball or marble machine or device as hereinafter defined, and every person who makes or permits to be made with any 1 . � Ord. No. 710 person any agreement with reference to any machine or device , as hereinafter defined, pursuant to which the user thereof as a .result of any element or chance or other outcome unpre- dictable to him, may become entitled to receive any money, credit, allowance or thing of value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitled the holder to receive any money, credit, allowance or thing of value , is guilty of a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars or by imprisonment in the City or County Jail not exceeding six months or by both such fine and imprisonment. Any machine, apparatus or device is a pin- ball or marble machine or device within the provisions of this Section if it is one that is adapted, or may readily be converted into one that is adapted, for use in such a way ..that, as a result of the insertion of any piece of money or coin or other object such machine or device is caused to operate or may be operated and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug token or memorandum, whether of value or otherwise, which may be exchanged for money, credit, allow- ance or thing of value, or which, may be given in trade , or the user may secure additional chances or rights to use, such machine, apparatus or device, irrespective of whether it may 2. Ord. No 710 apart from any element of chance or unpredictable outcome of- such operation, also sell, deliver or present some mer- chandise , indication of weight entertainment or other thing of value. Section 5-122. Description. The pinball machine or mar- ble machine, contrivance, appliance or mechanical device, the use or operation or possession of which machine is pro- hibited by Section 5321 is usually but not exclusively de- scribed as consisting of a table being in the shape of a box with the upper side covered by glass. Inside the box is a surface studded with pins , plugs, buffers, springs and holes and when a ball is released by a plunger upon this sur- face the ball wends its way from the top to the bottom and during its journey may fall into one. of the numerous holes, or in its course along the surface of said table may hit many of the springs, pins or plugs, thereby and by .`means of. electrical or other recordings, giving to the player a `�- score , or other result from the operation of such mach-ine which indicates the probable or possible return to- the player of any consideration mentioned in Section 5321.. The description of the pinball machine or marble mach- ine or other contrivance, appliance or mechanical device giv- en in this Section does not in any way limit the penal prov- isions of Section 5321, and is not to be construed as making legal any pinball machine or marble machine( or other contriv- \ 3' � Ord. No. 710 ance,. appliance or mechanical device which is prohibited by the general terms of Section 5321, but may not be specifically described in this Section. Section 5323. Seizure of Machine. In addition to any other remedy provided by law any such machine , contrivance , appliance or mechanical device may be seized by any of the officers designated by Section 335 of the Penal Code of the State of California, and a notice of intention summarily to destroy such machine or device must thereupon be posted in a conspicuous place upon the. p remises in or .upon which such machine or device was seized. Such machine or device shall be held by such officer for thirty (30) days after such post— ing, and if no action is commenced to recover possession of such machine or device, within such time, the same shall be summarily destroyed by such officer, or if such machine or device is held by the court, in-any civil or criminal action, to be in violation of this Article the same shall be summari- ly destroyed by such officer immediately after the decision of the court has become final Any and all money seized in or in connection with such machine or device , immediately after such machine or device has been so destroyed, is to be paid into the. Treasury of the City of Huntington Beach to the credit of the General Fund. Section 5324. Supplementing State Penal Code. The provisions of this subdivision are not. intended to conflict with, but shall supplement all laws of the State of Calif ornia, 4• A Ord. No. 710 prohibiting lotteries, gaming, or gambling and these pro- visions must be invoked by all law enforcement officers whose duty it is to enforce the laws of the State of Califor- nia against lotteries, gaming or gambling, when by opera- tion of this Article the use, ownership or possession, as defined in Section 5321, of any such game or mechanical de- vice or contrivance is prohibited by this subdivision but might not be prohibited by the laws of the State of Califor- nia. Section 5325. Possession Prohibited. It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise of any pinball machine or marble machine , contrivance, appli- ance or mechanical device as defined in Section 5321 might be an infraction of the laws of the State of California against lotteries, gaming or gambling. It is specifically declared that every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise or who per- wits to be placed, maintained or kept in any room, space enclosure , or building owned, leased or occupied by him, or under his management or control, whether for use or op- eration for storage, bailment, safekeeping or deposit only., any pinball machine or marble machine, appliance or elec- trical `or mechanical device , as described in Section 5321, 5. Ord. No. 710 is guilty of a misdemeanor and punishable as provided in Section 5321. It is further declared that the provisions of this Article specifically make the mere possession of such maoh- ine or contrivance or device illegal and render such machine or contrivance subject tb confiscation as provided in Sec- tion 5321. Section 5326. Possession Continued. It is further ex- J pressly provided that every person who has in his possess ion or under his `control, either as owner, lessee, agent employee, mortgagor or otherwise, or who permits to be placed, maintained or kept in any room, space , enclosure or building owned, leased or '.occupied by him, or under his management or control, whether for use or operation or for storage , bailment, safekeeping- or deposit only, any pinball machine or marble machine- of 'thJ1e type and character described in Sec- . , tions 5321 and -5322, is guilty of a misdemeanor and punish- able by a fine of five hundred dollars or imprisonment in the City or County jail for six months or by both such fine and imprisonment, even though such person claims that such device is a game of amusement only and that there is no re- turn of any kind to the player. The Council expressly states as a reason for the adopt- ion of this Article that the individuals who operate such machines obtain illegal power, prey upon the public particu- 60 - Ord. No. 710 larly children and the unwary, inexperienced and credulous individuals. Section 5327. Public Nuisance. It is further express- ly provided that any pinball machine or other contrivance or device as described in Section 5321 and/or Section 5322 constitutes a public nuisance and the City Attorney, when directed by the . City Council, shall institute abatement proceedings against the owner or lessee of any building in which such machine is located,after the effective date of this Ordinance-. Section 5128. Certain Machines Exempted. It is fur- ther expressly provided that this Article shall not apply to music machines, weighing machines and machines which vend cigarettes, candy, ice cream and the like upon which there is deposited an exact consideration and in which in every case the customer obtains that which he purchases. Section 5129. If any section, subsection, sentence, clause or phrase of this Article is, for any reason, held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining portions of this Article. The City Council of the City of Huntington Beach. hereby declari es that it would have passed this Article, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections., subsections i Ord. No. 710 sentences, clauses or phrases be declared invalid or uncon- stitutional. Section 3, The City Clerk shall certify to the pass- age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntirg ton Beach News, a weekly newspaper, printed, published and cir- culated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 16th day of February 1959. 1, T C MAYOR ATTEST: City Clerk 8. , Ord. ' No. 710 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, 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, 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 read to said City Council at a regular meet- ing thereof held on the 2na day of Februarys 1959, and was again read to said City Council at a regular meeting thereof held on the 15th day of February 1959 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Lambert, Waite, Bryant, Irby NOES: Councilmen: None. ABSENT: Councilmen: Terry. IT City- Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 9•