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HomeMy WebLinkAbout521 - Amusement Machines• u • 0 r- IL • C J ,ORDINANCE NO. 521 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REG- ULATING AMUSEMENT MA- CHINES. REQUIRING A PER- MIT FOR THE OPERATION THEREOF. PROVIDING FOR THE REVOCATION OF SUCH PERMITS. PROVIDING FOR THE LICENSING OF SUCH AMUSEMENT MACHINES, AND PROVIDING 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 - ment Machine" or "Game Ma- chine" shall mean and include any sport or pastime played or oper- ated with cards, dice. balls. pins. checkers. counters. quoits, beans. spindles, , tables. wheels or any other device. contrivance or ap- paratus. or any combination of any thereof. which machines or games are operated by inserting therein a coin or by the payment of a valuable consideration. The word "person" shall mean and include both the singular and plural. and shall also mean ant include any person. individ ^ial. firm. corporation, co- partners"in. association. club. society or any other organization. SECTION 2. It shall be unlaw- ful for any person to conduct. manage. operate or carry on the business of any amusement ma- chine or game machine. or any other amusement of any charac- ter whatsoever, not otherwise pro- vided for in the ordinances of the City of Newport Beach, wi'h ^u'. first having obtained a 1`cense therefor from the City Clerk of The City of Newport Beach af'er the application for such license has been duly approve by the C'tv Council of the City of Newport Beach. SECTION 3. Every person de- siring to conduct. manage. oper- ate or carry on the business of amusement machines or game machines under the provisions hereof. shall make written a ^pli- cation to the City Council of t`e City of Newport Beach for a 1 - cense so to do. upon forms to bi provided by the City Clerk of the 0tv of Newport Beach for such purpose. and the said Clty C "erk shall not issue a license therefor ,n *il the application has been duly approved by the City Coun- cil: that before any application shall be granted by the Ci +y Council. the City .Council shall re- fer said application to the Ch of of Police for the purpose of hav- ing an investigation made con- cerning the legality of said amuse- ment or game machine. SECTION 4. All licenses grant- ed hereunder shall be annual li- censes. and shall commence as of the 1st day of July. 1943. and shall expire on the 30th day of Tune. following the date of therr issuance, and thereafter all licens- es shall commence as of !the 1st day of July and expire on the 30th day of June, following the issuance thereof. SECTION 5. If at any time sub- sequent to the issuance of said li- cense said Chief of Police shall find or is of the opinion that the managing, conducting or carrying on of said business so licen.ed 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 re- port such fact to the City Coun- cil of said City, and said C'ty Council shall direct that an Or- der to Show Cause be issued and directed to said applicant to show cause why said license for said business should not be revoked: 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 business. and shall therein specify the time and place of the hearing on such Order to Show Cause by said City Council, which said hearing shall not be held at a time earlier than ten (10) days following the is- suance of said Order to Show Cause. and the hearing thereof and the decision of said City Coun- cil, pursuant to such hearing shall be 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 parties interested may be 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 comport with the public health. safety. morals and / or welfare. and has been conducted in an illegal or disorderly manner, said permit for the operat :on of said busine -S shall be revoked. SECTION 6. The provisions of this ordinance shall not apply to occasional amusements under the auspices of fraternal. relig'ous. charitable, educational and / or municipal associations or organ- izations. and guilds organized for the purpose of theatrical instruc- tion. SECTION 7. Every person en- gaged in the business of renting, leasing or maintaining any amusement machine or game ma- chine within the City of Newport Beach. shall pay an annual license fee of $300.00. which license is- sued upon the payment of said license fee. shall entitle said.per- son. firm. corporation or co -part- nership to lease. rent or maintain one (1) amusement or game ma- chine within the City of Newport Beach, and for a second amuse- ment or game machine a license shall be obtained and the licensee shall pay an annual license fee of $250.00 therefor, and for a third amusement or game ma- chine a license shall be obtained and the licensee shall pay an an- nual license fee of $200.00 there- for. and for a fourth amusement or game machine a license shall be obtained and the licensee shall pay an annual license fee of $100.00 therefor. and for a fifth amusement or game machine a license shall be obtained and the licensee shall pay an annual li- cense fee of $50.00, and for a sixth amusement or gume ma- chine and all subsequent amuse- ment or game machines there- after. a license shall be obtained and the licensee shall pay an annual license fee of $20.00 each. SECTION 8. All of such amuse- ment or game machines herein mentioned shall be registered in the office of the Chief of Police. such registration indicating the aerial number, the owner. and the place at which such amusement or game machine is to be located. All amusement or game machines so maintained in the (City of New- port Beach shall bear a stamp or label or sign indicating the ser- ial number thereof, . the true own- er. the principal place of busi- ness of said owner, the number of the license issued by the City of Newport Beach covering, the maintenance of said machine. to- gether with the expiration date of said license. SECTION 9. Any amusement or game machine maintained in violation of this provision or maintained without having dis- played thereon in a clearly visible place the aforesaid label or sign indicating that the license there- for is unexpired. shall be seized and held by any duly qualified officer of the City of Newport Beach, which machine or game &hall be redeemable only by the true owner within a period of not to exceed sixty (60) days. upon the payment of the reasonable value for the safekeeping of said machine. together with the license tax as provided herein for Ithe period during which said machine was improperly maintained. SECTION 10. A transfer may be made of a license from one amusement or game machine to another of the same character and mode of operation during the period for which the same has been licensed in the first instance. where the ownership and plane of business remains the same, upon written application for such trans- fer by the licensee thereof to the City Clerk on a blank form to be obtained from the City Clerk. and the approval. of such application by the Chief of Police of said city. SECTION 11. Provided. how- ever. that no license as provided herein shall be issued for the renting, leasing, or maintaining of any amusement machine or game upon any public street, al- ley. way. court or in or upon any publicly owned building or prop- erty within the City of Newport a Bech. SECTION 12. Any person vio- lating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor. and upon conviction thereof shall be punished by a fine not to ex- ceed $300. or by imprisonment in the City Tail of the city of New- port Beach. or in the County Tail of Orange County. for a period not exceeding 'three months. or by both such fine and imprison- ment, and each such person as principal. agent or otherwise. shall be deemed guilty of a sep- arate offense for each day during anv portion of which the viola- tion or failure. neglect or refusal to comply with any of the pro- visions of this ordinance is com- mitted. continued or permitted by such Person. SECTION 13. Ordinance No. 459 and all other ordinances of the City of Newport Beach in conflict herewith are hereby re- pealed. SECTION 14. This ordinance shall be printed and published once in NEWPORT - BALBOA PRESS, a newspaper printed. published and circulated in the city of Newport Beach. and shall take effect and be in force on July 1. 1943. The above and foregoing ordi- nance was introduced at a regu- lar meeting of the City Council of the City of Newport Beach held on the 5th day of April. 1943. and was finally passed and adopt- ed on the 19th day of April. 1943, by said City Council at an ad- journed regular meeting thereof, by the following vote. to-wit: AYES. COUNCILMEN: Allen. Kirk. Isbell. Reed. Hall. NOES, COUNCILMEN: None. ABSENT. COUNCILMEN: None. The foregoing ordinance is signed and approved by me this 19th day of April, 1943. CLYAN, H. HALL, Mayor. Attest: FRANK L. RINEHART. City Clerk. Published April 22. 1943.