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HomeMy WebLinkAboutCC ORD 1936-643 Business licenses (Repealed by 645)613 ORDINANCE NO. 643 OF THE CITY OF NATIONAL CITY PROVIDING IF'OR THE LICENSING AND REGULATING THE CARRYING ON OF BIL- LIARD PARLORS,CARD ROOMS CIRCUSES, FLASH WIiEELS, WHEEL GAMES, CHIP GAMES, BEAN GAMES, CARD GAMES, DART GAMES, DICE GAMES, AND GAMES COMMONLY KNOWN AS TANGO, KENO, FORTUNE, QUINTAIN, SKILL BALL, FASCINATION OR IN- SPIRATION, GOLD DIGGERS. ERIE DIGGERS, PENNY MA- CHINES, POKER MACHINES. MARBLE GAMES, BALL MA- CHiNES, SKILL GAMES, AND ALL OTHER SIMILAR GAMES. DEVICES, AND AMUSEMENTS PRESCRIBING A LICENSE THEREFORE REGULA'TIN(. THE MANAGEMENT AND CON- DUCT OF' PLACES WHERE SUCH GAMES ARE PLAYED AND FIXING THE PENALTY FOR THE VIOLATION HEREOF. THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY ORDAIN AS FOL- LOWS: SECTION 1. The amount or rate of license fee to be paid to the City of National City by any per- son, firm, association, or corpora- tion engaged in or carrying on any game, device, business, or amuse- ment or occupation, hereinafter de- signated, is hereby fixed and es- tablished as hereinafter in this Ordinance provided, and such li- cense fee shall be paid by every person, firm, association or cor- poration engaged in carrying on any such game, device, amusement, business or occupation in the City of National City. SECTION 2. And provided fur ther that nothing herein contained in this Ordinance shall in any man- ner whatsoever, at any time, under any circumstances whatsoever,ever be construed as permitting any game or lottery in connection with any such games or amusements. and that the said games or amuse- ments shall be operated in a law ful manner and for amusement purposes only and that each and all of such games, devices, and amuse- ments shall he operated in full conformity with and sub.lcct to all provisions of the laws of the State of California and of the laws of the United States of Americo re- latins* to the playing and operation of amusements and games of skill and science. SECTION 3 All applieations for licenses for which provision is made in this Ordinance shall be di- rected to the City Clerk of the City of National City and filed with the said City Clerk,accompanied by the amount of money required fur the period of time to be covered by the license with reference to the fees herein named for the particu- lar business, game, or amusement stated in such application. All ap- plications or licenses for which provision is made in this Ordinance, shall be in writing upon a form to be furnished the applicant by the City Clerk, which form shall be a fay f a t e to o o rcn s a avc the power to deny any application if it be deemed by him, that the applicant is not a suitable of proper person ..o carry on the busi- ness. amusement, or for which a license is requested or if the place at which the same is proposed to be located, practiced, carried on or conducted is not a suitable or prop- er niece therefor. If any :coolie._ loth day of each month''report the amount thereof to the Treasurer. The Common Council may at any time, for any cause by it deemed sufficient, revoke any license herein provided for which has been granted or issued. All licenses issued under this Ordinance are to be construed and held as licensing only the licensee named in the license and are not transferable, separable or divisible without permission of the Chief of Police or City Clerk. SECTION 4. For every person, firm, or corporation conducting. 'managing, or carrying on a circus or other similar exhibitions, having a seating capacity of more than 4,000 persons, the license fee shall be One Hundred ($100.00) Dollars per day payable in advance. For every person, firm, or cor- poration conducting, managing, or carrying on a circus or other sim- ilar exhibition, having a seating capacity of not more than 9,000 or less than 3,000 persons, the license 'fee shall be, Seventy-five ($75.00) ;Dollars per day payable in advance. For every person, firm, or cor- poration conducting, managing or 'carrying on a circus or other simi- • tar exhibition, having a seating ca- lpacity of not more than :3,000 nor less than 2,000 persons, the license I fee shall be Fifty ($50.00) Dollars per day payable in advance. For every person, firm, or cor- !poration conducting, managing, or carrying on a circus or other sim- pler exhibitions, having a seating capacity of 2,000 persons or less. I the license fee shall be Five ($5.00) Dollars per day payable in ad- vance. For every person, firm, or cur- poralion conducting, managing, or carrying on a sideshow or after - 'show to a circus, the license fee shall be hive ($5.00) Dollars per :day for each sideshow or after - show payable in advance. For every person, firm, or cor- • poration conducting or managing a !circus procession or parade not having a license for cond'ucting, managing or carrying on a circus within the city limits of National City, the license fee shall be Twenty-five ($25.00) Dollars for leach such procession or parade payable in advance. l For the purpose of this Ordi- nance a circus is hereby defined to by an exhibition or entertainmem at which feats of horsemanship. lacrobatie feats, and trained or wild animals are exhibited or displayed in the City of National City, for which exhibition or entertainment is conducted, managed or carried • on by persons, firm, or corporation having no regularly established (place of business in the City of National City for the exhibition !hereof. SECTION 5. It shall be unlaw- ful for any person, firrn, or cor- poration in the City of National City to permit, suffer, or allow any !person under the age of 18 years, or for any person under the age of 1.18 years to play the games of skill hereinafter defined. SIl("I'ION 6. It shall be unlaw- ful for any such person, firm, or (corporation to permit, suffer, or allow any person over the age of i18 years, or for any person over the ate of 18 years to play any such - license the froth' such. I hays I the City by oration ssion of provided. S u s of skill :referred to in Sect ens . and 6 here 'of are hereby defined to be any of 'skill played with marbles or balls ;or other objects of a similar na- ture, upon, under, in, or about any table. r'nehinr fir rlovino ,.,6ut6.... games and devices mentioned in Section 8 shall be Twenty-four ($24.00) Dollars per annum for each chair, stool, or player's space provided or used in or at such games payable quarterly in ad- vance. SECTION 11.. The license for operating a pool hall or card room shall be Twelve ($12.00) Dollars per annum for each billiard or pool table or card table or other device used in the carrying on of card games or pool games payable quar- terly in advance. SECTION 12. The license for owning, operating, or causing to be shown to the public, for a poker machine, dice game, a Gold Digger, or an Erie Digger or a "enny ma- chine or any other similar device not otherwise herein mentioned shall be Fifteen ($15.00) Dollars per annum for each table, machine. or device upon or by which such games are played, carried on or conducted payable quarterly in ad- vance. SECTION 13. It shall be un- lawful for any person, firm, or corporation to operate or cause to be operated any game, amusement, or device mentioned in each, every and any section of this Ordinance without first obtaining the license therein provided and therein de- scribed. The penalty for such vio- lation is hereinafter described. SECTION 14. The City Council shall have the right, at any time. without notice, to cancel any such license issued if in its judgment, licensee has failed to comply with the laws and regulations of the City of National City of the State of California ifi licensee itr the • opinion of theor City Council has ;conducted said business or estab- lshment in a manner harmful or detrimental to the public welfare or good morals of said city or if said licensee is not of good moral char- acter, or if in the opinion of the City Council of said city the dis- continuance of such license and 'abolishment of such game or I games or devices or amusement is for the best interest of the City of National City. The City Council I shall be the sole judge in such j matters and its decisions shall be 'final. SECTION 15. Any such person. firm, or corporation, violating anv provisions of this Ordinance at any time shall be guilty of a misde- meanor and upon conviction there- of shall be punished by a fine not exceeding Three hundred ($300.00) Dollars or by imprisonment in the city or county jail for u period not exceeding ninety (90) days or by both such fine and imprisonment. Each game played in violation of this Ordinance shall be deemed to be a separate offense hereunder.. The licenses provided for herein shall be due and payable as afore- said immediately upon any such table, machine, device, game, amusement, being displayed for use by the public whether any games or game is played thereon. SECTION 16. If any section, sub- section, sentence, clause, phrase, or word of this Ordinance is for anv reason held to be invalid or uncon- stitutional, such decision shall not affect the validity of the remain- ing portion of this Ordinance. The City Council hereby declares that t would have passed this Ordinance in each section, subsection, sent- ence, clause, phrase, or word thereof irrespective of the fact that .any one or more sections, subsec- tions, senteneca, clauses, phrases, ;or words be declared invalid or unconstitutional. SECTION 17. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 1R- Tho nit, cte v game or lottery in connection with any such games or amusements. and that the said games or amuse- ments shall be operated in a law- ful manner and for amusement purposes only and that each and all of such games, devices, and amuse- ments shall be operated in full conformity with and subject to all provisions of the laws of the State of California and of the laws of the United States of America re- latine• to the playing and operation of amusements and games of skill and science. SECTION R All applications for licenses for which provision is made in this Ordinance shall be di- rected to the City Clerk of the City of National City and filed with the said City Clerk,accompanied by the amount of money reauired for the period of time to be covered by the license with reference to the fees herein named for the particu- lar business, game, or amusement stated in such application. All ap- plications or licenses for which provision is made in this Ordinance, shall be in writing unon a form to be furnished the applicant by the City Clerk, which form shall be a un' e fa f a t c e t;nier Ti7 Police'3n97T 7fSr7e the power•to deny any application if it he deemed by him -that the applicant is not a suitable or proper person to carry on the busi- ness, amusement, or for which a license is requested or if the place at which the same is proposed to be located, practiced, carried on or conducted is not a suitable or prop - er place therefor. If any applica- tion is denied. the amount of money deposited with the City Clerk by the applicant shall be returned to the`applicanA, All licenses pursuant to the terms of this Ordinance shall be issued by the City Clerk, only after a recommendation is made to the said City Clerk by the Chief of Police. The City Clerk shall be provided with but one printed form for all licenses, with appropriate blank spaces thereon for all de- scriptions, names, locations, and other data to be derived by the City Clerk from the duplicate applica- tion. The form for all licenses shall be substantially as follows: Receipt No License No..... - License This is to certify that (here in- sert the name), with receipt from the City Clerk thereon written for the sum of $ , is hereby authorized to carry on and conduct (here describe businessamuse- ment, game, etc.) for the term of from the date hereof, at (here specifically de- scribe the location.) The above - named game, amusement, device, or business must be conducted in a lawful manner. Dated this day of 19 City Clerk of the City of National City, California. The Lity Clerk shall deposit with the City Treasurer all moneys col- lected by him, or licenses issued by him and shall on or before the license tained ity by oration sion of rovided. s of skill referred`to r e r d 6 hero of are hereby defined to be any of skill played with marbles or balls or othe; objects of a similar na- ture, upon, under, in, or about any table, r:achine, or device whether rich marbles or other similar ob- jects are propelled or otherwise moved upon, under, in, or about such table, machine or device or any part thereof by mechanical contrivances or otherwise, and — whether such marbles or other sim- ilar objects are so propelled or moved as aforesaid under glass or other cover, or in. SECTION 8. The following games shall be deemed as being in- cluded in the games of skill re- ferred to in Sections 5 and 6 as games of skill and consisting of the following games commonly known as Tango, Keno, Fortune, Quintain, Skill Ball, Fascination or Inspira- tion, flash wheels, wheel games, chip games, bean games, card games, dart games, dice games, or any other game of skill or device similar in character not otherwise herein mentioned where any prize, gift, rebate, compensation, award. payment, or gratuity consisting of any money, checks, tokens, credit goods, wares, merchandise, prop- erty or thing of value is or is to h-• awarded either direct or indirectly, and wherein skill is a determining factor or is any determining factor of the result of such game. SECTION 9. The license for the games referred to in Section 7 shall be Eighteen ($18.00) Dollars per annum for each table, machine, iv device upon or by which such games are played, payable quar- terly in advance. SECTION 10. The license for the poration conducting or managing a circus procession or parade not having a license for conducting, managing or carrying on a drew: within the city limits of National City, the license fee shall be Twenty-five ($25.00) Dollars for each such procession or parade payable in advance. h'or the purpose of this Ordi-. nance a circus is hereby defined to be an exhibition or entertainment at which feats of hor•semanshin. acrobatic feats, and trained or wild animals are exhibited or displayed in the City of National City, for which exhibition or entertainment is conducted, managed or carried on by persons, firm, or corporation having no regularly established place of business in the City of National City for the exhibition thereof. SECTION 5. It shall be unlaw- ful for any person, firm, or cor- poration in the City of National City to permit, suffer, or allow any person under the age of 18 years, or for any person under the age of 1R years to play the games of skill hereinafter defined. SECTION 6. It shall be unlaw- ful for any such person, firm, or corporation to permit, suffer, or allow any person over the age of 18 years, or for any person over the age of 18 years to play any such there fro such have the S continuance of such license and abolishment of such game or 1 games or devices or amusement is i for the hest interest of the City ,of National City. The City Council shall he the sole judge in such matters and its decisions shall be i final. i SECTION 15. Airy such person. firm, or corporation, violating anv provisions of this Ordinance at anv time shall be guilty of a misde- meanor and upon conviction theret of shall be punished by a firfe not exceeding Three hundred ($300.00) Dollars or by imprisonment in the city or county jail for a period not exceeding ninety (90) days or by both such fine and imprisonment. Each game played in violation or this Ordinance shall be deemed to be a separate offense hereunder.. The licenses provided for herein shall be due and payable as afore- said immediately upon any such table, machine, device, game, amusement, being displayed for use by the public whether any games or game is played thereon. SECTION 16. If any section, sub- section, sentence, clause, phrase, or word of this Ordinance is for anv reason held to be invalid or uncon stitutional, such decision shall not affect the validity of the remain- ing' portion of this Ordinance. The City Council hereby declares that t would have passed this Ordinance in each section, subsection, sent- ence, clause, phrase, or word thereof irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses, phrases, or words be declared invalid or unconstitutional. SECTION 17. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 18. The City Clerk shall certify to the passage and adoption of this Ordinance by said City Council, and shall cause the same to be published by one inser- tion in a newspaper published in National City and thereupon and thereafter the same shall be in full force and effect thirty days after final passage. PASSED AND ADOPTED by the City Council of the City of Na- tional City, California, this 21st day of January, 1936, by the fol- lowing vote, to -wit: AYES: Councilmen Cordingly, Kilcrease, Thatcher, Warner, Bird. NAYS: Councilmen none. ABSENT: none. D. W. BIRD, Mayor of the City of National City, California. ATTEST: DALE SMITH, City Clerk. I hereby approve the foregoing Ordinance this 2lst day of January, 1936. W. BIRD. May City of alifornia. I hereabove and for copy of Ordinances City, Californi City Couhcil of sa proved by the Mayor on the 21st day of Jan DALE SMIT City Clerk of National City, California,,