HomeMy WebLinkAbout459 - Amusement Machine Regulationsr 1
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ORDINANCE NO. 459
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH REGU-
LATING AMUSEMENT MA-
CHINES, REQUIRING A PER-
MIT FOR THE OPERATION
THEREOF FROM THE CHIEF
OF POLICE, PROVIDING FOR
THE REVOCATION OF SUCH
PERMITS, PROVIDING FOR THE
LICENSING OF SUCH AMUSE-
MENT MACHINES, AND PRO-
VIDING PENALTIES FOR THE
VIOLATION THEREOF.
The City of Newport Beach,
by and through its City Council,
does ordain as follows:
Section 1. The words "Amuse -
men Machine" or "Game Machine'
shall mean and include any sport
or pastime played or operated
with cards, dice, halls, pins, check-
ers, counters, quoits, heans, spin-
dles, tables, wheels or any other
device, contrivance or apparatus,
or any combination of any there-
of, which machines or games are
operated by inserting therein a
coin or by payment of a valuable
consideration.
The word "person" shall mean
and include both the singular and
plural and shall also mean and
include any person, individual,
firm, corporation, co-partnership,
association, club, society or any
other organization.
Section 2. It shall he unlawful
for any person to conduct, manage,
operate or carry on the husiness
of any amusement machine or
game machine, or any other a-
musement of any character what-
soever, not otherwise provided for
in the ordinances of the City of
Newport Reach, without first hav-
;ng obtained a license therefor
from the Chief of Police of the
City of Newport Beach.
Section 3 Every person desiring
to conduct, manage, operate or
carry on the business of amuse-
ment machines or game machines
under the provisions hereof, shall
make written application to the
Chief of Police of the City of
Newport Beach for a license so
to do, upon forms to he provided
by said Chief of Police for such
purpose, and the said Chief of
Police shall not issue a license
therefore until he has made an
investigation concerning the le-
gality of said amusement machine
or game machine.
Section; 4. All licenses granted
hereunder shall he annual licenses
and shall expire on the let day
of July following the issuance
thereof.
Section 5. If at any time sub-
sequent to the issuance of said
license said Chief of Police shall
find or is of the opinion that the
managing, conducting or carrying
on of said business so licensed does
not comport with the public health,
safety, morals and /or welfare, and
that the same has been conducted
in an illegal or disorderly manner,
he shall report such fact to the
City Council of said City, and said
City Council shall direct that an
Order to Show Cause he issued
and directed to said applicant to
show cause why said license for
said business should not he re-
voked; said Order to Show Cause
shall be issued by the City Clerk,
and served upon the person or
persons then actively conducting,
or in active charge of said husi-
ness, and shall therein specify the
time and place of the hearing of
such Order to Show Cause by said
City Council,which said hearing
shall not he held at a time earlier
than ten (10) days following the
issuance of said Order to Show
Cause, and the hearing thereof
and the decision of said City Coun-
cil, pursuant to such hearing shall
he had and made at a regular
meeting not less than ten (10)
days subsequent to the time of
the issuance of said Order to Show
Cause, at which hearing all par-
ties interested may he heard in
person or otherwise, and if at
such hearing it shall appear to
said City Council that the con-
ducting, managing or carrying.on
of said business does not com-
port with the public health, safety;
morals and /or welfare, and has
been conducted in an illegal or
disorderly manner, said permit for
the operation of said business shall
he revoked.
Section 6. The provisions of this
ordinance shall not apply to oc-
casional amusements under the
auspices of fraternal, religious,
charitable, educational and /or mu-
nicipal associations or organiza-
tions, and guilds organized, for
the purpose of theatrical instruc-
tion.
Section 7. Every person engaged
in the business of renting, leasing
or maintaining any amusement
machine or game machine within
the City of Newport Beach, ex-
cept a business known as an Ar-
cade Business, as defined in the
license ordinance of the City of
Newport Beach shall pay an an-
nual license fee of $150.00, which
license, issued upon the payment of
said license fee, shall entitle said
person to lease, rent or maintain
one machine within the City of
Newport Beach, and for each ad-
ditional machine such person shall
obtain a separate license and for
such separate license shall pay a
license fee of $5.00 per annum.
Section 8. All of such amuse-
ent machines or games herein
mentioned shall be registered in the
office of the Chief of Police, such
registration indicating the serial
number, the owner, and the place
at which said amusement machine
is to he located. All amusement
machines or games so maintained
in the City of Newport Beach
shall hear a stamp or label or
sign indicating the serial number
thereof, the true owner, the prin-
,cipal place of business of said
owner, the number of the license
issued by the City of Newport
Beach covering the maintenance
of said machine, together with the
expiration date of said license.
Section 9. Any amusement ma-
chine or game maintained in vio-
lation of this provision or main-
tained without having displayed
thereon in a clearly visible place
the aforesaid label or sign indicat-
ing that the license therefor is
unexpired, shall he seized and held
by any duly qualified officer o
the City of Newport Beach, whit
machine or game shall he redeem-
able only by the true owner within
a period of not to exceed sixty
(60) days, upon the payment _o,
the reasonable value for the safe-
keeping
afe
keeping of said machine, together
with the license tax as provided
herein for the period during which
said machine was Improperly main-
tained.
Section 10. In the event any per-
son discontinues maintaining any
machine or game duly licensed
hereunder during a period when
such machine or game is licensed
for an unexpired period, said li-
censee may substitute another ma-
chine o: game in place of said
machine, the use of which is so
discontinued, and may maintain
said substituted machine without
the payment of an additional li-
cense tax for the unexpired per-
iod of the license carrier! on said
discontinued machine, provided,
however, that such person sur-
render the unexpired license of
said discontinued machine to the
Chief o Police and obtain from
the Chief of Police -a new license
for such unexpired period for said
new machine, and provided, fur-
ther, that said new machine be
registered with the Chief of Police
as provided herein.
Section 11. Provided, however,
that no license as provided herein
shall he issued for the renting,
leasing or maintaining of any a-
emsement r..achine or game upon
any public street, alley, way, court
cr in or upon any publicly owned
building or property within the
City of Newport Beach.
Section 12. Any person violat-
ing any of the provisions of this
ordinance shall be deemed guilty
of a misdemeanor, and upon con-
viction thereof shall he punished
iro a fine not to exceed $300.00 or
by imprisonment in the City Sail
of the City of Newport Beach or
in the County Sail of Orange
County for a period not exceeding
three months, or by both such fine
and imprisonment, and each such
person as principal, agent or other -
c:eise, shall he deemed guilty of a
separate offense for each day dur-
ing any portion of which the vio-
lation or failure, neglect or refusal
to comply with any of the provi-
sions of this ordinance is commit-
ted, continued or permitted by such
person.
Section 13 This ordinance shall
he printed and published once in
NEWPORT NEWS, a newspaper
printed, published and circulated
in the City of Newport Beach,
and shall take effect and he in
force thirty (30) days after its
passage.
The above and foregoing Ordi-
nance was introduced at an ad-
jo-irned regular meeting of the
City Council of the City of New-
port Beach, held on the 17th day
of May, 1937, and was finally
passed and adopted on the 7th day
of June, 1937, by said City Council
at a regular meeting thereof, by
the following vote, to-wit:
AYES, COUNCILMEN: Gordon,
Claire, Whitson, Williamson.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN: Gar-
field.
The above and foregoing Ordi-
nance is signed and approved by
b me this 7th day of June, 1937.
HARRY H. WILLIAMSON
Mayor of the City of Newport
Beach.
ATTEST:
_ Frank L. Rinehart
City Clerk.
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