Loading...
HomeMy WebLinkAboutOrdinance #765 r ORDINANCE o. 765 AN ORDINANCE OF THE CI Y OF HUNTI NGT ON BEACH DECLARING AN EMERGENCY TO EXIST AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING A NEW ARTICLE No. 533, ENTITLED, "POOL AND BILLIARD HALLS" AND ADDING NEW SECTIONS TO SAID ARTICLE. WHEREAS,the City of Huntington Beach does not now have adequate ordinances to provide for the regulation of pool and billiard halls within the City of Huntington Beach and the regulation of such places of business is necessary for the full protection of the public peace, property, health and safety of the citizens of this community; and WHEREAS, it is the understanding of the Council that such businesses are being proposed for this City and regula- tions for such businesses should be immediately adopted by the City Council to protect the public welfare; and WHEREAS, said regulations should be in effect prior to the granting of an application for a business license for such businesses and there is presently an application for such business license pending; and WHEREAS, it is necessary for the protection of the public peace, property, health and safety of the residents of this City that regulations for such businesses should be immediate- ly adopted; NOW THEREFORE, in consideration of and by the above pre- amble and statement the City Council of the City of Hunt- ington Beach declares and defines tht an emergency exists nec- essitating the following ordinance for the immediate protect- tion and preservation of the public peace, health, safety and welfare of the residents of the City of Huntington Beach: 1 • Ord. No. 765 The City Council of the City of Huntington Beach do ordain as follows: Section 1. That a new Article is hereby added to Chapter 53 of the Huntington Beach Ordinance Code' which new Article shall be in words and figures as follows, to wit: ARTICLE POOL AND BILLIARD HALLS Section 2. That the following new sections are hereby added to Article 533 of Chapter 53 of the Huntington Beach Ordinance Code, which new sections shall read in words and figures as follows, to wit: Section 5331. Council Permit: In addition to comply- ing with Chapter 21 of the Huntington Beach Ordinance Code, any person, firm, or corporation desiring to engage in the business of operating a pool or billiard hall, or other lawful indoor game conducted for profit and open to the public. shall first make an application for a permit in writing to the City Council containing at least the follow- ing information: 2. Ord. No. 165 (1) Name and Address of applicant. (2) Name and Address of all financially interested parties of the firm. (3) If the applicant is a corporation, the names and addresses of all of the officers of said corporation. (4) Name and address of Manager or person to be in charge of premises. (�) Address or location of the proposed pool or bill- iard hall, or room. (6) Number of tables to be operated. (7) Whether or not alcoholic beverages are to be sold on the premises. (8) List of any and all games and amusement mach- ines and devices to be operated on the premises. (9) Signature of the applicant. Section 5331.1. Police Identification: In addition to the written application as herein required, the applicant manager and persons referred to in sub-sections 1,2,3 and 1+ of Section 5331 of this Ordinance shall personally appear before the Chief of Police or his authorized representative, prior to the City Council meeting when the application for Council permit is to be heard, and have his or their finger- prints and photographs taken for the purpose of a criminal record investigation. Ord. No. 76.E Section 5331.2. Permit: The City Council shall have full power to grant a permit or reject said application. .After Council and Police investigation if it shall appear that said person, firm or corporation is a proper person,. firm or corporation to be so licensed; that the location and arrangement of the proposed place where said business is to be conducted is satisfactory, the Council may grant said permit and license, otherwise it shall reject and deny the same* Section 3310. Regulations: For police regulation and proper supervision, all businesses where games of bill iards, pool or other indoor lawful games, open to the public, and conducted for profit, shall be carried on in a single room without partition, anti-rooms or closet rooms, other than rest rooms and be entirely inaccessible from any other room, cellar or attic, provided, however, that the main en- trance or vestibule from the public street shall have glass panel doors, said doors shall at all times be clean, unglaz- ed and unobstructed so that all parts of said room will be open to public view. The entrance to and into said pool or billard hall or room shall at all times during business hours, be open and unobstructed to all peace officers, and to all members of the public except as otherwise provided in Section 5331.31. At Ord. No. 765 Section 5331,31. MINORS. No person operating any business regulated by Article 533 shall allow any minor under age of twenty-one (21) years to be or remain in any room accessible from or in which such business is carried on if any alcoholic beverages are consumed, dispensed or sold on the same premises. If alcoholic beverages are not consumed, dispensed or sold on the same premises, minors between eighteen (18) ye.drs and twenty-one (21) years shall be permitted to be and allowed to remain in said room in which such game is carried on. However, it shall be unlawful for any person operating any business regulated by Article 533 to allow or permit any minor under the age of eighteen years to be or to remain on the premises where such business is conduct- ed, or for any minor under the age of eighteen (18) years to visit or be present on the premises where such business is conducted. Section 5331.32. CARD GAMESs No card tables or games of cards whether played for pleasure or for chance shall be allowed, permitted or carried on in any room in which any of the above businesses shall be conducted or' in any room accessible therefrom. Section 5331.33• GAMBLING - BOOKMAKING - POOL SELLING - ETC'.`- It shall be unlawful for any person, firm or corpora- - tion owningfpperating. or managing any business regulated by Article 533 to permit or allow any person or persons to �'e Ord. No. 765 violate any of the provisions of Chapter 53 of the Huntington Beach Ordinance Code of Chapters 9,10 and 10.5 of the Penal Code of the State of California while in or on the premises of such business. Section 5331.34. PERMIT POSTED IN CONSPICUOUS PLACES It shall be unlawful for any person, firm or corporation to operate or conduct any business regulated by Article 533 for any period of time whatsoever without first having a Council aA4 current and valid permit and/City license posted in a prominent and conspic- uous place on the premises. Section 5331,35. HOURS OF BUSINESS: All billiard and poolroom businesses operated in this City shall be closed between the hours of 12:30 A.M. and 6130 A.M. and it shall be a violation of this section for any person except the owner, manager, or janitor to be upon the premises dur- ing these hours. Section 5331.4. REVOCATION OF PERMIT: In addition to the penalties provided for any violation of Article 533 the Council may revoke, or may instruct the Chief of Police to revoke any permit or license issued for the conduct of said business for violations of any of the provisions of said Article. Section 5331.5, APPEAL: Subsequent to revocation of a permit or license under the provisions of Section 6n Ord. No. 765 5331.49 the permittee or licensee may petition the City Council for a public hearing by filing a written request with the City Clerk within ten (10) days after revocation. Section 51-31.6. - PENALTY: Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the City or County jail -for a period of not to exceed six (6) months, or by both such fines and im- prisonment. Each separate day, or any portion thereof, dur- ing which any violation of Article 533 occurs or continues shall be deemed to constitute a separate violation hereof, and a separate offense hereunder, and upon conviction there- for, each such violation shall be punishable as herein provided. Section 3. EMERGENCY; This ordinance,being an emer- gency measure for the immediate preservation of the public peace, health, safety and welfare of the citizens of" the City of Huntington Beach, which emergency is set forth and defined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 4, 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 Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California. 7. Ord. No. 765 PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 11th day of Q�pril 1960. Mayor ATTEST: r_�,. Ord. No. 765 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 meeting thereof held on the 4th day of April , 1960, and was again read to said City Council at a regular meeting thereof held on the , 11th day of April , 1960, 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, Terry, Waite, Irby, NOES: Councilmen: None. ABSENT: Councilmen: So rk. C y Clerk and ex-off icio Clerk of t City Council of the City of Hunting- ton Beach, California