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HomeMy WebLinkAboutOrdinance #713 ORDINANCE NO. 713 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING NEW . SECTIONS TO THE HUNT- INGTON BEACH ORDINANCE CODE RELATING TO. CARD GAMES The City Council of the City of Huntington Beach, -California, do ordain as follows : Section 1. There is hereby added to the Hunting- t6n Beach Ordinance Code, new Sections -Nos. 5314, 5315, 5315.1, 5315.2, 5315.3, 5315.31, 5315.49 5315.5, 5315.6, 5315.7, 5315.89 5315.9, and 5315.10, to read in words and figures as follows: Section 5314. Definitions: As used in this Chap- ter "anything of value" means money, coin, currency, check, chip, allowance, token, credit, merchandise, pro perty, or anything representative of value, and includes without limitation any payment for services or for the use of any premises, cards, chips, furniture, or other article. Also, us used in this Chapter, "anything of Value" means any increase or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards permitted by Section 5315. Also, as used in this Chapter, "anything of Value" means any rent, remuneration or compensation of any nature received by any person, firm, corporation, club, lodge, association or church for the use or ,occupancy of any premises where the major, primary or usual use of said premises is for the playing of card games per- mitted by Section 5315. 1. Ord. No. 713 Section 5315. Card Games. Notwithstanding the pro- visions of Sections 5311, 5312, and 5313, any game play- ed with cards, and not itentioned in Section 330 of the Penal Code of the State of California, shall not be prohibited unless in violation of one or more of the following sections of this article. Section 5315.1. Winnings. It is unlawful for. any person, firm, corporation, lodge, club, association, church or any other group of persons to receive directly or indirectly anything of value from the playing . or opera- tion of any game of cards permitted by Section 5315, other than the actual winnings to which a person play- ing such a game in good faith for himself alone may be entitled as the result of such game. - Section 5315.2. Losses?,;. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons to give anything of value for being permitted to participate in any game of cards permitted by Section 5315 other than to pay the actual losses sustained by such person playing such game in good faith for himself alone. Section 5315.3e Betting. It is unlawful for any person, firm, Corporation,-'.lodge, club, ..asso.ciation, : . church or any other group of persons to bet or wager anything .of value belonging to another person in any game of cardspermitted by Section 5315. Section 5315.31. Hours. It is unlawful for any person, firm, corporation, lodge, club, association, church, or any other group of persons to play, part- 2. Ord. No, 713 icipate in, or be present at any game of cards permitted- by Section 5315, between the hours of 2 :00 A.M. and 6 :00 A.D . Section 5315.4. Permitting Use of Premises. It is unlawful for any person, firm, corporation, lodge, club, association, church or any other group of persons, either as owner, lessee, agent, employee, mortgagor, or otherwise, to knowingly permit any room, building or premises, or any furniture, fixtures, equipment or other article, or anything of value, to be used for or in any game of cards permitted by Section 5315, in connection with which a violation of Sections 5315.1. 5315.2 and 5315#3 occurs. Section 5315.5. Seizure of Equipment. In addi- tion to any other remedy provided by law, any furni- ture, fixtures, equipment or article, or anything of value, used in violation of Section 5315.4 hereof, may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code of the State of Calif- ornia, and in such cases shall be disposed of as pro- vided in said Section 335a of said Penal Code; pro- vided, however, that the phrase "machine or device" as used in said Section 335a of the Penal Code, shall mean any furniture, fixtures, equipment or article, or anything of value except money, coin, or currency. Any or all money, coin, or currency used in violation of Section 5315.4 and seized pursuant to this section shall be deposited in the City General Pund. 3. Ord. No. 713 Section 5315.6. Inspection of Games. When any game of cards is being played which is permitted- by Section 5315, it shall at all times be open to inspect- ion by regular full time Police Officers of the City of Huntington Beach while on actual duty. Section 5315.7. Hindering Inspection. It shall be unlawful for any person, Timm, aarr oratidh* "I d' club, association, church or any- other group of persons to hinder, impede, obstruct, prohibitor prevent or to assist in such hindering, . impeding, obstructing, pro- hibiting or preventing any such lawful inspection as provided for in Section 5315.6. Section 5315.8 Construction. Nothing in Article 531 shall be construed as permitting any game of cards prohibited by Section 330 of the Penal Code of the State of California. Section 5315.9 Severability. If any section, paragraph, sentence, clause or phrase of this Ordin- ande is for any reason held to be unconstitutional or invalid, as applied to any person or persons, such decision shall not affect the validity of the remaining portions of -this ordinance. The City Council of the City of Huntington Beach hereby declares that it would have passefl this Ordinance, and each section, paragraph, sentence, clause, or ;phrase thereof, irrespective of the fact that any one or more sections,. paragraphs, sent- ences, clauses, or phrases be declared unconstitutional or invalid. 40 Ord. No. 713 Section 5315.10. Penalty. Any person, firm, or corporation violating any of the provisions of this Article shall be punished as provided in Section 0043 of the Huntington Beach Ordinance Code. Section2. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Hunt- ington Beach News, a weekly newspaper printed, publish- ed and circulated in the City of Huntington Beach, Orange County, 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 20th day of April 91959. Mayor ATTEST: U -City Clerk 5. Ord. No. 713 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- off icio 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 reg- ular meeting thereof held on the 6th day of April 1959, and was again read to said City Council at a regular meeting thereof held on the loth day of April 119597 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, Bra►ant, Waite, Irby NOES: Councilmen: None ABSENT: Councilmen: Terry City Clerk and ex-officio Clerk of tie City_, Council of the City of Huntington Beach, Calif. 6e