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RESOLUTION
No. 757
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH.
The City Council of the City of Huntington Beach
do resolve as follows:
WHEREAS, an initiative petition, containing a pro-
posed Ordinance entitled: "ORDINANCE NO. AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE
NO. 327 OF S:9ID CITY ENTITLED' 'AN ORDINANCE OF THE CITY
OF HUNTINGTON BEACH LICENSING ALL KINDS OF BUSINESS CARRIED
ON IN THE CITY OF HUNTINGTON BEACH, FIXING THE RATE OF
LICENSE TAX UPON THE SATE, PROVIDING PENALTY FOR ALL VIO-
LATI ?NS THEREOF, AND REPEALING ALL ORDINANCES OR PARTS OF '
ORDINANCES IN CONFLICT THEREWITH" was presented to the
City Council of the City of Huntington Beach at a regular
meeting thereof held September 8, 1936 and attached to
said petition was certificate of the City Clerk certifying
that said petition was presented to said City Clerk on
August 26, 1936 and that said petition was signed by the
requisite number of registered, qualified electors of the
City of Huntington Beach, California and or more than
fifteen (15%) percent of said registered, qualified elect-
ors, and
7HEREAS, said petition contains a request that
said Ordinance contained therein be either passed by the
City Council with out alteration or forthwith submitted
• to the voters with out alteration at a special election.
WHEREAS, said City Council has failed to pass said
Ordinance,
10=V THEREFORE, BE TT RESOLVED:
Section 1. That a special election shall be held
on the 3d day of November, 1936 for the purpose of submitting
to the qualified voters of said City the proposition of the
adoption of said Ordinance contained in said petition, which
Ordinance is in words and figures as follows, to-wit:
ORDIiANCE
No.
• "AN ORDII 1 CE OF THE CITY OF HUNTINGTON
BEACH A`JEiDIvG ORDI',JANCE NO. 327 OF SAID
CITY ENTITLED 'AN ORDINANCE OF THE CITY
OF HUNTINGTON BEACH LICENSING ALL KINDS
OF BUSINESS CARRIED ONT I N THE CITY OF
HUNTINGTON BEACH, FIXING THE RATE OF
LICENSE TAX UPON THE SAME, PROVIDING
PENALTY FOR ALL VIOLATIONS WHEREOF, AND
REPEALING ALL ORDIIIIAIP�*CES OR PARTS OF
ORDINA-4CES IN CONFLICT THEREWITH" .
"THE PEOPLE OF THE CITY OF HUNTINGTON BEACH DO
ORDAIN, AS FOLLOWS:
'..SECTION 1. That section IV of Ordinance ##327 of
said City as amended, entitled "AN ORDINAINCE OF THE CITY OF
HUNTINGTON BEACH licensing all kinds of business carried on
In the City of Huntington Beach, fixing the rate of license
tax upon the same, providing penalty for all violations thereof,
and repealing all ordinances or parts of ordinances in conflict
therewith' , be and the same is hereby amended so as to read
as follows:
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"SECTION IV. No license shall be issued for any
livery or feed stable, public laundry, where washing is done
for hire, hotel lodging house, service station, gasoline plant,
topping plant, oil refinery, absorption plant, warehouse,
supply or storage depot or yard, cracking plant, dance hall,
oil distillery, chop house, coffee house, bakery, restaurant,
lunch counter, shooting gallery, stand or place where fire
works 'or novelties are sold, billiard room, pool room, pocket
billiard room, skating rink, merry-go-round, bowling alley,
transportation of passengers by boat or aeroplane or auto-
mobile for hire, or fortune telling, clarivoyance and kindred
practices, garage, creamery, auctions, auction house, junk
dealers or collectors, wrecking house orhandling second-hand
automobiles, stands or places on the public streets, or peanut
vendors, tamale stands or lunch wagons, nor shall the same
be assigned or transferred, except on the ordei-_ of the City
Council of the City of Huntington Beach, and then only upon
payment of transfer fee of One Dollar ($1.00) , and whenever
any person, persons, firm, copartnership or corporation desires .
to open or keep any business specified In this section, he,
she, they or it, shall petition the City Council to order a
license therefor, which petition shall set forth the name of
the applicant, the character of the business and the location
of the premises where the business is to be conducted, and
on the hearing of said petition the said Council may grant the
same in while or in part, or may reject the same and no license
17
• shall be issued thereon except as ordered by said Council.
Where any-.;business in this section specified may become dan-
gerous to or affect the public health, peace or safety, the
City Council may refuse to grant the license.
"SECTION 2. That Section XXVIII of Ordinance No.
327 of said City as amended entitled 'An Ordinance of the City
of Huntington Beach licensing all kinds of business carried
on in the City of Huntington Beach, fixing the rate of license
tax upon the same, providing penalty for all violations there-
of, and repealing all ordinances or parts of ordinances in
conflict herewith' be and the same is hereby amended sous
to read as follows:
• "SECTION XVIII. The rate of license for conducting,
carrying on or managing in business cf maintaining any exhibi-
tion, amusement, recreational device or any kind of amusement
or entertainment not otherwise provided for in this Ordinance
and charging or collecting any admission -or paying fee or
rental or accepting any free-will offering therefor is hereby
fixed at 012.00 per annum or $5.00 per day, for each exhibi-
tion, amusement or recreation maintained as a separate business.
"Within the meaning of this Section are riding
academy or rental of ponies or automobiles, except taxi ser-
vice, carrying passengers in aeroplanes, fishing or sight-
seeing boats, bowling alley, poolhall, shooting gallegy, dance
hall, skating rink; and providing further that no license
may be issued for the carrying of passengers in aeroplanes or
fishing or sight-seeing boats until the individual or firm
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requesting same deposit with the City Clerk a personal or
surety bond conditioned in accordance with Section 32 of this
Ordinance in the amount of $25,000.00.
"This license as defined above does not permit the
sale of tobaccos, edibles, or other merchandise in connection
with the amusement, game or recreation so licensed, and for
such sale of tobaccos, edibles, or other merchandise, a
separate license must be obtained as required by this Ordin-
ance.
"SECTION 3. That Ordinance No. 327 of the said City
as amended, entitled, 'An Ordinance df the City of Huntington
Beach licensing all kinds of business carried on in the City
of Huntington Beach, fixing the rate of license tax upon the
same, providing penalty for all violations thereof, and
repealing all ordinances or parts of ordinances in conflict
therewith+ , be and the same is hereby amended by adding a new
section to be know as Section XXVIIIA: :
"SECTION XXVIIIAh. The rate of license for conduc-
ting, carrying on or managing the business of maintaining any
place of amusement wherein is carried on a game or games of
skill and science, - or any device similar in character, or
like entertainment or recreation}, is hereby fixed at $5.00 per
annumfor each chair, stool or player' s place provided or used
in or at such games; provided, however, that the minimum
license for any such game operated as a separate business in
• the City shall be $500.00 per annum; and provided, further,
that nothing herein contained shall in any manner whatsoever
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at any time or under any time or under any circumstances
whatsoever, be construed as permitting any gambling or lottery
in connection with any such games, and that the said games
shall be for amusement purposes only and that each and all
of such games shall be operated in full conformity with and
subject to all provisions of the Laws of the State of Calif-
ornia relatingto the playing and operation of games of skill
p y g p
and science, and also any and all ordinances of the City of
Huntington Beach relating thereto. Said license fees shall
be payable in advance, and on and after date of enactment of
this ordinance, upon receipt of application bearing name of
applicant, place and type of business, together with requisite
fee, the City Clerk shall issue license for same, provided,
however, that in no case shall the City Clerk issue licenses
for more than two (e) businesses operating the same game,
type of game or type of entertainment; and, provided, further,
however, that the City Clerk shall issue a license only to
an applicant who has been a bona fide registered citizen of
the City of Huntington Beach for the Five (5) Years last past,
and the same shall not be assigned, or transferred, in whole
or in part, except on the order of the City Council of the
City of Huntington Beach and then only to one qualified under
this ordinance upon the payment of transfer fee of $1.00; and
provided further, that upon the removal of any above mentioned
business for which a license has been issued, from one loca-
tion to another, the City Clerk shall, for the sum of $1.00
issue a duplicate license showing the new location of said business.
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"SECTION 4. That Ordinance #327 of the said City
as amended, entitled, 'An Ordinance of the City of Huntington
Beach licensing all kinds of business carried( on in the
City of Huntington Beach, fixing the rate of license tax
upon the same, providing penalty for all violations thereof,
and repealing all ordinances or parts of ordinances in conflict
therewith , be and the same is hereby amended by adding a new
section to be known as Section XXVIIIB.-E.
"SECTION XXVIII B. That allordinances and parts
of ordinances of the City of Huntington Beach be and are
hereby repealed insofar as they affect the maintenance of
any business authorized to be licensed by Section 3 of this
ordinance and more particularly set forth in that portion of
Section 3 entitled Section XXVIII A.
"SECTION 5. That Ordinance ##327 of the said City
as amended, entitled, 'An C OMinance of the City of Huntington
I
Beach licensing all kinds of business carried on in the City
of Huntington Beach, fixing the rate of license tax upon the
same, providing penalty for all violations thereof, and repeal-
ing all ordinances or parts of ordinances in conflict there-
with' , be and the same is hereby amended by adding a new
section to be known as Section .XXVIII C.
"SECTION XXVIII C. That the City Council of the
said City of Huntington Beach shall pass no ordinance pro-
hibiting or tending to prohibit the maintenance of any busi-
ness licensed under Section 3 of this Ordinance and more part-
icularly described in Section XXVIII A.
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"This license as defined above does not permit the
sale of tobaccos, candied, edibles, or other merchandise in
connection with the amusement, game or recreation so licensed. "
That the foregoing Ordinance shall be submitted
to the voters at said special election held on the 3d d" of
November, 1936 for adoption under the following proposition:
PROPOSITION NO.
SHALL AN ORDINANCE AMENDING
ORDINANCE O. 327 OF THE CITY IT�
OF HUNTINGTON BEACH ADDING NEW YES
E
SECTIONS THERETO PROVIDING FOR
THE LICENSING OF GAMIES OF SKILL YES
AND SCIENCE BE ADOPTED?
Section 2. That the Honorable Board of Supervisors
of the County of Orange be and they are hereby requested to
• consolidate said special election with the General State
Election to be held on said 3d day of November, 1936, and that
the election precincts, polling places, voting booths and the
election officers of said State Election be the same and
are hereby designated as the election precinctspolling places,
voting booths and the eledtion officers of said special elec—
tion.
Section 3. That the Honorable Board of Supervisors
be and they are hereby requested to place the ballot of said
special election upon the ballot for the State Election, and
that the arguments on said initiative measure be printed upon
the sample ballot and that a copy of said proposed Ordinance
be enclosed in the envelODe with the sam-ole ballot and mailed
• to the voters of this City*
•
Section 4. That said Board of Supervisors be and
they are hereby authorized and directed to canvass the returns
of said special election and forward to the City of Huntington
Beach a certified copy of the results thereof.
This request is made pursuant to and in accordance
with an Act of the Legislature of the State of California
entitled: An Act to Permit the Consolidation of Elections
and to Provide a Procedure Therefor, as amended, " approved
June 11, 1913. (Deering Act 2642.
Passed and adopted by the City Council of the City
of Huntington Beach at a regular adjourned meeting thereof
held on the the 21st day of September, 19360
WILLIS H-.. WARNER
MMOR
ATTEST:
C. R. FURR
City Clerk.
STATE OF CALIFOR,TILAI )
) ss:
County of orange.
I, C. R. FURR, City Clerk and ex-officio Clerk of
the City Council of the City of Huntington Beach, do hereby
certify that the foregoing Resolution was read to the City
Council of said City at a regular meeting of said city Council
held on the 21st day of September, 1936, and was by said City
Council pab,sedilland adopted by the following vote:
AYES: Councilmen: Morehouse, Chamness, Henrickson, Warner
r
• NOES: Councilmen: None
ABSENT: Councilmen: Talbert
C. R. FURR
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach.
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