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HomeMy WebLinkAboutCC ORD 1949-758 Licensing of games of skill (Repealed by 771)ORDINANCE NO. 758 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, PROVIDING FOR THE LICENS- ING AND REGULATING OF GAMES OF SHILL AND SCIENCE, PROVIDING PENALTIES FOR THE VIOLATION THEREOF. The City Council of the City of Na- tional City, California, DO ORDAIN as follows: SECTION 1. It shall be unlawful for any person, firm or corporation, or for any person as agent, clerk, or employee, either for himself, or for any other person within the corpor- ate limits of the City of National City, to engage in or operate any game of skill and science without having first procured a license there- for, as in this Ordinance required. SECTION 2. Any person, who for himself, or for any other person, shall violate any of the provisions of this Ordinance, shall for each violation thereof, be deemed guilty of a mis- demeanor and upon conviction by any court having jurisdiction thereof, shall be fined in the sum of not more than Three Hundred Dollars ($300.00), or by imprisonment in the City Jail not exceeding ninety (90) days, or by both such fine and imprisonment. Each and every day or fractional part of a day that said game of skill is conducted or carried on with- out such license or permit, shall con- stitute a violation of this Ordinance. SECTION 3. The amount of any license imposed by this Ordinance shall be deemed a debt to the City of National City, and any person, or any person as agent, clerk or em- ployee, either for himself or for any other person transacting, engaging in, or carrying on, or operating said game of skill, hereinafter specified without having a license from said City to do so, shall be liable to an action in the name of said City, in any court of competent jurisdiction, for the amount of license by ti,1s Ordinance imposed. SECTION 4. DEFINITION. For the purpose of this Ordinance only, a game of skill and science shall mean, any game participated in by one or more players for any prize gift or award of anything of value, when such prize, gift or award is given by the operator of said game, and where or when any charge is made by the person conducting, oper- ating or maintaining such game, and any consideration is paid by any play- er for the right to play or participate in any such game, and the dominat- ing factor in determining the result of such game, is dependent upon the skill of such player or players, and not upon chance; provided, that in any case where the result of such game may be dependent to some ex- tent upon the judgment, intelligence, or adroitness of the player, but nevertheless, the dominating factor in determining of such game is chance, such a game shall not be considered as a game of shill and science, but shall be considered as a game of chance. SECTION 5. No license issued by the City Council of the City of Na- tional City, shall authorize the con- duct of any game which is prohibited by the Penal Code of California, or any other law of the State of Cali- fornia, and any permit issued in vio- lation of the provisions of this Sec- tion, shall be void. SECTION G. All licenses issued under and by virtue of this Ordinance shall be printed in blank form, signed by the City License Collector and countersigned by the City Clerk of the City of National City, and in which shall be set forth the name of the party to whom the license is is- sued, the nature of the trade or busi- ness that he is licensed to pursue, the location of the place of business, the length of time for which the same is granted, the date of issuance, and the amount paid therefor. Licenses shall be issued in tripli- cate, the original to be delivered to the licensee, a copy thereof to be delivered to the City Clerk, and the remaining copy to be retained by the City License Collector. The City License Collector shall col- lect all moneys for such licenses, and be accountable for the same. The City Council of the City of National City shall issue licenses only upon written approval of the Chief of Police, who may deny the issuance of said license to any applicant who in his discretion is not a fit and proper person to manage or conduct said business or occupation and/or said business or the location of said business, would be detrimental to the health, welfare, or interest of the City of National City. The City Li- cense Collector shall notify the appli- cant of the denial of the license, by delivering a notice of such denial to the applicant. Delivery of such no- tice may be made personally or by placing such notice in an envelope. properly addressed to such applicant, postage prepaid, sealed, and deposited in the United States Mail. An applicant, upon denial of said license shall have the right to appeal to the City Council from said denial of the Chief of Police, by the filing of a notice of appeal and stating the grounds therefor. Said appeal shall be filed with the City Clerk of the City of National City, California, within five (5) days after notification of denial of the license. The City Clerk shall refer the same to the City Council for hearing; said applicant shall be notified in writing by the City Clerk of a time, date, and place of hearing. Upon good cause being shown, the City Council may at its discretion, set another time for said hearing, and at the time of said hearing, the City Council shall hear and determine the evidence presented at said appeal. The City Council shall have the power at said hearing to deny the issuance of said license or grant the same, and its decision shall be final. The Chief of Police shall transmit all approved applications to the City Council for its consideration. The City Council may deny the issuance of any license on any grounds hereinbefore stated. SECTION 7. Any fees paid for the issuance of a license under the pro- visions of this Ordinance, shall not be refundable except in case such li- cense is revolved. The Chief of Police may revoke any license without no- tice upon the violation of any State, City or County law or Ordinance. Any licensee whose license is so re- voked, may appeal to the City Coun- cil of the City of National City, from such order of revocation, and within five (5) days from notice of revocation. The City Council shall thereupon hold a hearing as to whether or not the said revocation was justified. 758 SECTION 8. The Chief of Police is hereby directed to carry into effect, the provisions of this ordinance, and he is hereby designated the City Li- cense Collector. No personal demand or notice by the Chief of Police to such person owing such license tax as in this Ordinance provided, shall be necessary to incur the penalties pro- vided in this Ordinance. All police officers are hereby ap- pointed inspectors of licenses in ad- dition to their several duties as po- lice officers, and shall have and ex- ercise the power: First: To make arrests for the violation of any of the provisions of this Ordinance. Second: To enter free of charge for in- spection of licenses, at any time during regular and customary busi- ness hours, any place of business, for which a license is required by this Ordinance, and to demand the exhibition of such license for the current term by any person en- gaged or employed in the transac- tion of such business, and if such person shall then and there fail to exhibit such license, such per- son shall then be liable to the pen- alty provided for a violation of this Ordinance. It is hereby made the duty of the police officers to cause complaints to be filed in a court of competent jurisdiction against all persons vio- lating any of the provisions of this Ordinance. SECTION 9. For every person en- gaged in the business of operating a game of skill and science, as herein defined, shall pay a license fee to the City of National City, California, as follows: $500.00 per annum, payable annually in advance, and the sum of $1.50 per month, per player's chair or player's seat, or player's standing room, pay- able quarterly in advance. Annual licenses shall be due and payable on January 1st of each year or upon date application is made, and the fee shall be prorated for the balance of the year. The quarterly license shall be due and payable to the City on the 1st days of January, April, July and Oc- tober, and all such licenses shall ex- pire on the last days of March, June, September and December of such year; provided, however, that any person desiring to do so, may pay for and procure all four quarterly licen- ses at the time the first quarterly li- cense becomes due and payable. All licenses shall expire on December 31, of each year. The Chief of Police may renew licenses issued for the preceding calendar year, without any application having to be made to the City Council. SECTION 10. No license shall be issued in excess of one (1) license per 7,500 population, or fraction thereof, in the City of National City, as determined by the last Federal Census, or such other census as first may be approved by the City Coun- cil of the City of National City. Cali- fornia. Any license or licenses here- tofore issued pursuant to Ordinance No. 708 of the ordinances of the City of National City, for games of skill and science, are hereby revoked. SECTION 11. No game of skill and science shall operate or be opened for business, except between the hours of 12 noon and 2 A.M., of the following day-. No person under the age of 21 years of age, shall be al- lowed to participate in any game of skill and science, as defined in this Ordinance. All places operating games of skill and science shall be policed by the licensee, at licensee's expense whenever, and at such times as the Chief of Police deems neces- sary. Said policing shall be subject to the approval of the Chief of Police. SECTION 12. No intoxicating liq- uors shall be served, consumed, or permitted in or on the premises in which a game of skill and science is conducted. All employees of the licensees shall be registered and fin- gerprinted with the Police Department of the City of National City, and shall at all times during their oc- cupancy of the premises, wear badges in form as may be prescribed by the Chief of Police, indicating that they are employees of said licensee. No person having been convicted of a crime involving moral turpitude shall be employed by any licensee. No bank checks or drafts shall be cash- ed by the licensee or his agents or servants in or on the premises used for such game of skill and science. SECTION 13. The Chief of Police may revoke any license issued here- under for failure of licensee or his agents or employees to comply with any of the terms or provisions of this Ordinance. Licenses issued here- under are not assignable or trans- ferable, and the business must be conducted at the location stated in the application. SECTION 14. This ordinance will take effect on the 31st day after the time of final passage. SECTION 15. The City Clerk is hereby directed to cause this Ordin- ance to be published once in the National City News, a newspaper of general circulation, printed and pub- lished in the City of National City, California. PASSED AND ADOPTED by the City Council of the City of National City, California, this 5th day of April, 1949, by the following vote, to -wit: AYES: Councilmen Adams, Thatch- er, Fritz. NAYS: Councilmen Curry. Mat- thews, ABSENT: none. GILBERT E. FRITZ, Mayor of the City of National City, California, ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing Or- dinance this 5th day of April, 1949. GILBERT E. FRITZ, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No, 758 of the Ordinances of the City of National City, Califor- nia, as adopted by the City Council of said City, and approved by the Mayor of said City, on the 5th day of April, 1949. (SEAL) IREX • M. ALSTON, C ty Clerk o€y the C' y N o 1Gy/C News: l AND I HEREBY CERTIFY that the same has been duly published ac- cording to -law. -fro-a City Clerk, City of National City, California.