HomeMy WebLinkAboutOrdinance 3977 - Repealing Huntington Beach Municipal Code C CITY OF HUNTINGTON
BEACH'
LEGAL NOTICE
ORDINANCE NO.3911
Adopted by the City Council
on APRIL,15,2013
®
Y ROOF OF "AN ORDINANCE OF THE
a CITY OF HUNTINGTON
PUBLICATION BEACH, REPEALING
CHAPTER 9.28 OF THE
HUNTINGTON BEACH
MUNICIPAL CODE RE-
LATING TO PINBALL MA-
CHINES."
SYNOPSIS:
t t e request of the
A I E O FCALIFORNIA) City Council, the Police
STA
TE Department and City At-
torney's Office exam-
) S+S+. ined Municipal Code
Chapter 9.28,which reg�
COUNTY OF ORANGE® NOE ) The i pinball machines.
The intent was to re-
search the ordinance
and the impact of pinball
machines, with the in-
am a citizen of the United States and a tent of repealing the
Chapter, if it was no
resident of the County of Los Angeles; I longer needed. This
Chapter was written in
.1959 with ,the goal of
am over the age of eighteen years, and regulating' pinball ma-
chines, especially as it'
not a party to or interested in the notice related to gambling.
In years past, pinball
published. I am a principal clerk of the machines were some-
times viewed as 'gain-
HUNTINGTON BEACH bfing devices and
banned by many mumci-
INDEPENDENT, which was adjudged a palities. In 1974, the
California Supreme
newspaper of general circulation on Court affirmed the de-
cision of.'the trial court
September 29, 1961, case A6214, and
in Cossack v.City of Los .
Angeles which over-
June 11, 1963, case A24831, for the turned a ban on pinball
machines enacted by the
City of Huntington Beach, County of City of Los Angeles. In
its ruling,the Court rea
Orange, and the State of California. soned that ifipinball ma
chines were games'of
Attached to this Affidavit is a true and chance, the ordinance
was preempted by state
complete copy as was printed and law governing such
games of chance. The
published on the following date(s): Court also reasoned that
if pinball machines were
games of skill,they were
not to be construed as
Thursday, April 25, 2013 gambling devices. De-
spite this,many:jurisdic-
tions continued to main-
tain similar pinball
machine ordinances.
Should pinball machines
certify (or declare) under penalty be modified o, used as
gambling devices, the
provisions of Municipal
of perjury that the foregoing is true Code Chapter 9.24, reg-
and Correct. ulating gambling in the
City of', Huntington
Beach and California Pe-
nal Codes 330, et seq.
can be used for any
enforcement or reg-
ulatory measures-to be
taken.
Executed on Ma 1 2013 PASSED AND ADOPTED
Y � by the City Council of
the City of Huntington
at Los Angeles, California Beach at a regular meet-
ing held April 15, 2013
by the following roll call
vote: '
AYES: Sullivan,. Hardy,
Harper, Boardman,
Carchio, Shaw,
Katapodis
NOES:None
ABSTAIN:None
kF+ ABSENT:None.
Signature 'THE FULL TEXT OF THE
ORDINANCE IS AVAIL-
ABLE IN THE CITY
CLERK'S OFFICE.
This ordinance is,effec-
tive 30 days after
adoption..
CITY OF HUNTINGTON .
BEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92646
714-S36-S227
JOAN L.FLYNN,CITY. .
CLERK
Published H.B. Indepen-
dent4/25/13
p Dept.ID PD-13-003 Page 1 of 2
Meeting Date:4/1/2013
4
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL. ACTION
MEETING DATE: 4/1/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve for introduction Ordinance No. 3977 repealing Huntington Beach
Municipal Code (HBMC) Chapter 9.28, which regulates pinball machines in the
City
Statement of Issue: Proposal to repeal Municipal Code Chapter 9.28, which regulates pinball
machines in the City of Huntington Beach. This ordinance appears to be outdated and
unnecessary.
Financial Impact: Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 3977, "An Ordinance of the City of Huntington Beach
Repealing Chapter 9.28 of the Huntington Beach Municipal Code Relating to Pinball Machines."
Alternative Action(s): Do not approve the ordinance to repeal of Municipal Code Chapter 9.28,
retaining the current law as written.
Analysis: At the request of the City Council, the Police Department and City Attorney's Office
examined Municipal Code Chapter 9.28, which regulates pinball machines. The intent was to
research the ordinance and the impact of pinball machines, with the intent of repealing the Chapter
if it was no longer needed. This Chapter was written in 1959 with the goal of regulating pinball
machines, especially as it related to gambling.
In years past, pinball machines were sometimes viewed as gambling devices and banned by many
municipalities. In 1974, the California Supreme Court affirmed the decision of the trial court in
Cossack v. City of Los Angeles which overturned a ban on pinball machines enacted by the City of
Los Angeles. In its ruling, the Court reasoned that if pinball machines were games of chance, the
ordinance was preempted by state law governing such games of chance. The Court also reasoned
that if pinball machines were games of skill, they were not to be construed as gambling devices.
Despite this, many jurisdictions continued to maintain similar pinball machine ordinances.
Coin operated pinball machines generally make use of a spring-loaded rod to launch the ball into
play and flippers to direct the ball to scoring areas within the machine. These features bolster the
argument that pinball machines are predominantly a game of skill. The player may compete with
Item 9. - I HB -336-
Dept. ID PD-13-003 Page 2 of 2
Meeting Date:4/1/2013
other players or try to better his or her previous high score and the machine does not tender any
coins, tokens or anything of value to the player. The focus of the modern pinball machine is on
providing recreation, leisure and amusement for the player(s), as opposed to financial gain.
In regards to the application of this ordinance, we were unable to locate any recent enforcement of
Municipal Code Chapter 9.28 or any examples of criminal issues involving pinball machines in
Huntington Beach. Similarly, there is no evidence the ordinance deterred any specific unlawful
activity.
In researching nearby jurisdictions, the only cities we located with municipal code ordinances
regulating pinball machines were the City of Costa Mesa and the City of Long Beach. These
ordinances were also adopted many years ago and appear similarly outdated.
Should pinball machines be modified or used as gambling devices, the provisions of Municipal
Code Chapter 9.24, regulating gambling in the City of Huntington Beach and California Penal
Codes 330, et seq. can be used for any enforcement or regulatory measures to be taken.
Environmental Status: N/A
Strategic Plan Goal: Enhance and maintain public safety
Attachment(s):
1. Ordinance No. 3977, "An Ordinance of the City of Huntington Beach Repealing Chapter
9.28 of the Huntington Beach Municipal Code Relating to Pinball Machines."
2. Huntington Beach Municipal Code Chapter 9.24, Relating to the Regulation of Gambling
in the City of Huntington Beach.
HB -337- Item 9. -
ATTAC H M E N T # 1
Item 9. - 3 xn -»x-
ORDINANCE NO. 3977
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 9.28 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PINBALL MACHINES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 9.28 of the Huntington Beach Municipal Code is hereby repealed.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of Apri 1 , 2013.
e
ob�
Mayor
ATTEST: AP VED AS TO FORM:
k �
City Clerk CityuAttomey O`er 3 1 l 3 3
RE VI / AND APPROVED: INITI D APPROVED:
'fty Manager Police Chief
13-3681/92900.doc 1
Ord. No. 3977
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF IHUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified 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 seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on April 1,2013, and was again read to said City Council at a
Regular meeting thereof held on April 15,2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on April 25,2013. 11�
In accordance with the City Charter of said City �� ``
Joan L. Flynn, City Cle Ulf Clerk and ex-officio "lerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
Chapter 9.24
GAMBLING
(713-5159,2102-9l76, 3852-1110)
Sections:
9.24.010 Anything of value defined
9.24.020 Premises--Keeping
9.24.030 Permitting unlawful
9.24.040 Betting—Limitations,
9.24,050 Card games
9.24.060 Winnings--Accepting
9.24.070 Losses
9.24.080 Betting valuables of another
9.24.090 Card games--Hours
9.24,100 Permitting unlawful use of premises
9.24.1.10 Seizure of equipment
9.24.120 Card games--Inspection
9.24.130 Hindering inspection
9.24.140 Construction
9.24.150 Non-profit-EXEMPTION
9.24.010 Anything of value defined. "Anything of value" means money, coin, currency, check,
chip, allowance,token, credit, merchandise, property 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. "Anything of value" also 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 9.24.050. "Anything of value" also 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 permitted by section 9.24.050. (713-5159,2102-9/76)
9.24.020 Premises--Keeping. No person(either as principal, agent, employee or otherwise)
shall keep, conduct or maintain in this city any house, room apartment or place used in whole or
in part as a place where any game not mentioned in section 330 or 330a of the Penal Code of the
state of California, is played, conducted, dealt, or carried on,with cards, dice, billiard balls,pool
balls, cues or other devices, for money, checks, chips,credit or any other representative of value
or for any merchandise or any other thing of value, except that bingo games may be conducted
pursuant to Chapter 5.64 of this code. (536-2/49,2102-9/76)
9.24.030 Permitting unlawful. No person(either as principal, agent, employee or otherwise)
shall knowingly permit any house,room, apartment or place owned by him or under his charge or
control in this city to be used in whole or in part for playing,conducting, dealing or carrying on
therein any game not mentioned in section 330 and 330a of the Penal Code of the state of
California,with cards, dice, billiard balls,pool balls,cues or other devices, for money, checks,
chips, credit or any other thing of value, except that bingo games may be conducted pursuant to
Chapter 5.64 of this code. (536-2/49,2102-9/76)
9.24.040 Betting—]Limitations. No person shall play or bet at or against any game not
mentioned in sections 330 or 330a of the Penal Code of the state of California, with cards,dice,
billiard balls,pool balls, cues or other thing of value, except that bingo games may be conducted
pursuant to Chapter 5.64 of this code. (536-2/49,2102-9/76)
Huntington Beach Municipal Code Chapter 9.24 Page 1 of 2
Item 9. - 5 HB -340-
9.24.050 Card Games. Notwithstanding the provisions of sections 9.24.020 through 9.24.040,
any game played with cards, and not mentioned 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 chapter. (713-5159)
9.24.060 Winnings--Accepting. 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 operation of any game of cards permitted by section 9.24.050, other
than the actual winnings to which a person playing such a game in good faith for himself alone
may be entitled as the result of such game. (713-5/59)
9.24,070 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 9.24.050 other than to pay the actual losses sustained
by such person playing such game in good faith for himself alone. (713-5159)
9.24.080 Betting valuables of another. It is unlawful for any person, firm, corporation, lodge,
club, association, church or any other group of persons to bet or wager anything of value
belonging to another person in any game of cards permitted by section 9.24.050. (713-5/59)
9.24.090 Card games--Hours. It is unlawful for any person, firm, corporation, lodge, club,
association, church or any other group of persons to play,participate in, or be present at any
game of cards permitted by section 9.24.050 between the hours of 2 a.m.and 6 a.m. (713-5/59)
9 24100 Permitting unlawful 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, knowingly to 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 9.24.050, in connection with which a violation of sections 9.24.060
through 9.24.080 occurs. (713-5159)
9.24.110 Seizure of equipment. In addition to any other remedy provided by law,any furniture,
fixtures, equipment or article,or anything of value, used in violation of section 9.24.100 may be
seized by any of the officers designated by sections 335 and 335a of the Penal Code of the state
of California;and in such cases shall be disposed of as provided in section 335a of said Penal
Code; provided, however, that the phrase"machine or device" as used.in 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
9.24.100 and seized pursuant to this section shall be deposited in the city general fund. (713-5159)
9.24.120 Card games—Inspection. When any game of cards is being played which is permitted
by section 9.24.050, it shall at all times be open to inspection by regular full-time police officers
of the city while on actual duty. (713-5/59)
9.24.130 Hindering inspection. It is unlawful for any person, firm,corporation, lodge, club,
association, church or any other group of persons to hinder, impede, obstruct, prohibit or prevent
or to assist in such hindering, impeding, obstructing, prohibiting or preventing any such lawful
inspection as provided for in section 9.24.120. (713-5/59)
9.24.140 Construction. Nothing in this chapter shall be construed as permitting any game of
cards prohibited by section 330 of the Penal Code of the state of California. (713-5/59)
9.24.150 Non-prof t-EXEMPTION. The provisions of the Chapter do not apply to events held
by non-profit organizations which are properly permitted by the State. (3852-1/10)
Huntington Beach Municipal Code Chapter 9.24 Page 2 of 2
HB -341- Item 9. - 6