HomeMy WebLinkAboutCC ORD 1936-645 Business licenses, repeals Ord. 643 (Not codified)99
ORDINANCE NO. 645
OF THE CITY OF NATIONAL
CITY REPEALING ORDINANCE
O. 64;3 ENTITLED, "AN ORDI-
NANCE FOR THE LICENSING
AND REGULATING THE CAR-
RYING ON OF BILLIARD PAR-
LORS, CARD ROOMS, CIR-
CUSES, AND CERTAIN GAMES
OF SKILL AND AMLSEMEN IS,
PRESCRIBING A LICENSE
THEREFOR; REGIi LA [INC;
THE MANAGEMENT AND CON -
DC CT OF PLACES WHERE
SUCH GAMES ARE PLAYED
AND FIXING TILE PENALTY
FOR THE VIOLATION THERE-
OF: PROVIDING FOR 'I'1IE LI-
CENSING AND REGULATING
THE MANAGEMENT AND CON-
DUCT OF BILLIARD PARLORS,
CARD ROOMS, AND CIRCUSES,
AND FIXING THE 1'ENALfY
FOR THE VIOLATION THERE-
OF."
THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY DOES
HEREBY ORDAIN AS FOL-
LOWS:
SECTION 1. That Ordinance No.
64:3 entitled, "An Ordinance for the
licensing and regulating the carry-
ing on of billiard parlors card
rooms, circuses, flash wheels,
wheel games, chin games. bean
games, card games, dart games,
dice games, and games common,'
known as Tango, K:no, Fortune.
Quintain, Skill Ball, Fascination or
Inspiration, Gold Diggers. Erie
Diggers, penny machines, poker
machines, marble games. ball ma-
chines, skill •-ames. and all other
similar games, devices, and "muse-
men.s, prescribing a license there-
for, regulating the managtment
and conduct of places where such
games are played and fixing the
nznalty for the violation thereof,"
be and is hcr.by repealed.
SECTION 2. The amount or
rate of license fee to be • lid to
the Cit.• of National City by anv
person, firm, association or cor-
poration engaged in or carr--.n- on
anv billiard parlor, card room.
circus, or pool room, is hereby
fix:d and established as hereinaf-
ter in this Ordinance provided; and
such license fee shall be "uid bv
every person, firm, association, or
corporation engaged in or carrying
on any billiard parlor, card room.
circus, or similar business. or oc-
cupation in the City of National
City.
SECTION 3. And provided furth-
er that nothing herein contained
in this Ordinance shall be in any
manner whatever, at anv time,
under any circumstance whatso-
ever ever be construed as permit-
ting any games of chance or lottery
in connection with any such billiard
parlor, card room, circus, or busi-
ness.And that the said billiard par-
lors, card rooms, and circuses shall
be operated in a lawful manner and
for amusement purposes only and
in full conformity with and sub-
ject to all provisions of the laws
of the State of California and er
the laws of the United States of
America.
SECTION 4. For every person,
1 firm, or corporation con'+••^tin --
manaving, or carrying on a circus
'or other simiiar exhibitions. having
a seating ca"acity of more than
2,000 persons, the license fee shall
be One Hundred ($100.001 Dollars
per day payable in advance.
For every per soli, firm, or cor-
poration conducting, managing, or
carrying on a circus or oth,•ir simi-
lar exhibitions, having a seating
capacity of 2,000 persons or less,
One license fee shall be Five ($5.0U)
Dollars per day payable in ad-
vance.
For every person, firm or cot-
, poration conducting, managing, or
carrying on a sideshow or after -
show to a circus, the license fee
shall he Five ($5.00) Dollars ner
!day for each sideshow or after-
! show, payable in advance.
1 For every person, firm or cor-
poration conducting or managing
a circus procession or parade not
havinv a license for conducting.
managing or carrying on a circus
within the city limits of National
City, the license fee shall be
'twenty-tive ($25.00) Dollars for
each such procession or parade,
payabie in advance.
F'or the purpose of this Ordi-
nance a circus is hereby defined to
be an exhibition or entertainment
at which feats of holsemanshi"
acrobatic feats, and trained or wild
animals are exhibited or displayed
in the City of National C'v, for
which exhibition or entertajnmcnt
is conducted, managed or carried
Ion by person. firm. or corporation
having no regularly establish-ri
place of business in the nits of
National Cit" for the exhibition
thereof.
✓SECTION 5. The license fee for
operating a pool hall or card room
shall be Twelve 'g12.00) Dollars
ner annum for each billiard or pool
table or card table or other device
used in the carrying on of card
games or pool games, '"yable
quarterly in advance.
✓ SECTION 0. It shall be unlaw-
full for any person, firm, or cor-
poration to operate or caul^ to be
operated any billiard parlor. card
room, or circus mentioned in each,
every and anv section of his Or-
dinance without first obtaining the
license therein provided and therein
described. The penalty for such
violation is hereafter descried.
SECTION 7. 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
City Clerk accompanied bv the
amount of money requested for the
period of time to he covered by the
license with reference to the fees
herein named for the particular
billiard parlor. card room, or circus
stated in such duplication. All an-
plications for licenses for which
provision is made in th'- Ordi-
nance shall he in writing unon a
form to be furnished the annlicant
by the City Clerk, which form shall
be a universal form adapted to the
(facts, representations and data of
any billiard parlor, card room, or
circus comprehended in this Ordi-
nanc_. he said form snarl be first
apdroved by the City Council of
said City of National City.
All applications for licenses shall
be offered to the Chief of Police
of the City of National Gity for
investigation, and such investiga-
tion shall be completed within
fourteen uuys from date an•ilica-
tiou is tiled; after such investiga-
tion, the Chief of Police shall re-
port his findings to the t:it^ Clerk
of the City of National City. if
any application is denied, the
amount of money deposited with
City Clerk by the applicant shall
be returned to the applicant.
c iie City Clerk shall be orovided
with but one printed form for all
licenses with hnpropriate blank
spaeLs thereon for all descriptions,
names, locations, and other data
to be derived by the Citv Clerk
fiom the duplicate application. The
City Cierk shall deposit -e• th the
City Treasurer all monies c''ir^eted
by him for licenses issued by hint,
and shall on or before the loth day
of each month report the amount
thereof to Lite Treasurer.
Pile City Council may at. ariv
time, for any cause by it deemed
sufficient, revoke any license here
provided for which has been
g. anted 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 divisi-
ble without the permission of the
Chief of Police and the City Clerk.
SECTION 8. The City Council
shall have the right at anv time
without notice, to cancel any such
license issued if in its judo-nent li-
e. nse:- has failed to connly with
the laws and regulations of the
City of National City or of the
State of California, or if licensee
in the opinion of the City Council
has conducted said business or es-
tablishment in a mariner harmful
or detrimental to the public wel-
fare or good morals of said City.
or if said licensee is not a good
moral character, or if in the opin-
ion of the City Council of said
City, the discontinuance of such
license or abolishment of such bil-
liard parlor, card room, or circus
is for the beat interest of the City
of National City. The City Council
shall be the sole judg: in such
matters, and its decision shall be
final.
SECTION 9. It shall be unlaw-
ful for any person, firm, or cor-
poration to permit, suffer or allow
any person over the age of 18
years, or for any person over the
age of 18 years, to frequent anv
billiard parlor or card room until a
license therefor has first hnen ob-
tained from the City of National
City by such person, firm. or cor-
poration having the custody or
pisssssion of the same as herein -
before provided.
SECTION 10. It shall he unlaw-
ful for any person, firm or cor-
poration managing, owning or con-
duetinu any billiard parlor, pool
room or card room in the City of
National City to allow the same to
remain open or allow any person or
persons to play any games of bil-
liards or pool or cards from 12:00
o'clock p. m. until 6:00 o'clock a. m.
SECTION 11. Any such person,
firm, or corporation violating anv
provisions of this Ordinance at anv
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 jail for a period not exceeding
,90 days or In, both such fine and
imprisonment. Each day sty', bil-
Wliard parlor, card room, or circus
is conducted in violation of this
Ordinance shall be deemed to be a
separate offense thereunder. The
licenses provided for herein shall he
due and payable as aforesaid im-
mediately upon any such billiard
I narlor or card room, or circus be-
ing open or displayed for . atron-
age by the public.
SECTION 12. If any section,
subsection, sentence, clause, phrase.
I or word of this Ordinance is for
any reason held to be invalid or
unconstitutional, such decision
shall not effect the validity of the
remaining portion of this Ordi-
nance. The City Council bereh-
declares that it will have passed
this Ordinance in each section,
i subsection, clause, phrase. or word
'thereof irre'-ective of the fact
that anyone or more sections, sub-
sections, sentences, clauses, or
words be declared invalid or un-
constitutional.
SECTION 13. All ordinances or
parts of ordinances in conflict
herewith are hereby repealed.
SECTION 14. The City Clerk
shall certify to the passaoe and
adoption of this Ordinance by said
City Council, shall cause the same
to he published hw- one insertion in
a newspaper published in National
City; and therein and thereafter
;he same shall he in full force and
effect 31 days after final nassage.
PASSED AND ADOPTED by
the City Council of the City of
National City. California. this 7th
day of April, 1936, by the follow-
ing vote., to•wit:
AYES: Councilmen: Cordingly,
I{ilcrease. Thatcher, Warner. Bird.
NAYES: Councilmen none.
ABSENT: None.
D. W. BIRD,
Mayor of the Ci'-- of
National City, California.
ATTEST:
DALE SMITH, City Clerk.
I hereby an'rove the foregoing
Ordinance this 7th day of April,
1936.
D. W. BiRD
Mayor of the Chi- of
National City, California.
I hereby certify that the above
and foregoing is a full and true
ropy of Ordinance No. 645 of the
Ordinances of the City of National
City, California, as adopted by the
Ci-v Council of said City and ap-
proved by the Mayor of said City,
on the 7th clay of April, 1936.
DALE SMITII,
City Clerk of the City of
National City, California.