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HomeMy WebLinkAbout1168 - Pool Tables & Amusement Devices• 6/13/66 ORDINANCE NO. 1168 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 611301, 6113o1(a), 6113o1(b), and 6113.1(c) OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING CHAPTER 7 TO ARTICLE IV OF SAID CODE RELATING TO POOL TABLES AND AMUSEMENT DEVICES The City Council of the City of Newport Beach does ordain as follows- SECTION la Sections 611301, 6113.1(a), 6113o1(b), and 6113o1(c) of the Newport Beach Municipal Code are repealed, SECTION 20 Chapter 7 is added to Article IV of the Newport Beach Municipal Code to read. "Chapter 7 POOL TABLES AND AMUSEMENT DEVICES SECTION 4700. Definitions. For the purpose of this chapter the following words shall have the meanings given herein, (a) 'Amusement device' shall mean any machine, game or device which may be played or operated by the public for purposes of amusement or recreation, the operation, use or play of which, is controlled by placing therein, any coin, plate, disc, plug, key, or other device, or by the payment of any fee. It shall include, but not be limited to, any machine, game or device known as a pin game, pin ball ,machine, one shot marble game:, horse race machine, claw, scoop or grab machine, rotary machine, shuffleboard game, ski ball game, skill game, and all games and activities of a similar nature whatever they may be called. The term 'amusement device' shall not be construed to include any vending machine or any coin operated machine which plays recorded music, (b) 'Pool table' shall mean any table regardless of its size on which the games of pool, billiards., snooker or bagatelle may be played. (c) 'Equipment' shall mean one or more pool tables or amusement devices or any combination thereof. (d) 'Fun Zone' shall mean the area bounded by Main Street, Bay Avenue, Palms Street and Newport Bay. SECTION 4701. Permit Required. No person shall keep, maintain or possess in'any place'of business open to the public one or more pool tables or amusement devices without first having obtained a permit to do so in accordance with the provisions of this chapter. Such permits shall be in the name of the owner or operator of the business premises at which the equipment is to be located. SECTION 4702. Certain Games Prohibited, (a) No person shall keep, maintain or possess in any place of business open to the public any machine, game or device which dispenses merchandise or prizes by means of a scoop, arm or rotary table, any horse race machine, or any machine, game or device known as a pin game, pin ball machine, marble machine, or one shot marble game. (b) ,Exception for Fun Zone, The prohibitions set forth in subsection (a) shall not apply to the keeping, maintenance or possession of any game or machine described therein in a • duly licensed penny arcade or in an amusement btts iness located in the Fun Zone, with the exception of games or machines which dispense merchandise or prizes by means of a scoop, claw, or an arm and rotary table, or games or machines, other than vending machines, which reward a player with money, merchandise or tickets exchangeable for money or merchandise, more than five (5) free games or additional plays, or unwrapped food or edibles. SECTION 4703, Application for Permit, .Applications for such permits shall be filed with the City Manager on forms supplied by the City together with an application fee of $50 00 to cover the costs of processing and investigation. The applica- tion'shall contain such information as may be deemed necessary by the City Manager and shall be signed and verified by the applicant. The City Manager may require that the applicant and the person or persons responsible for the management or operation of the premises be fingerprinted, 2e 30 SECTION 4704. Investigation and Issuance or Denial of Permit. Upon receiving an application for a permit the City Manager shall cause an investigation to be made of the applicant, • his business associates'and employees, the type of equipment pro- posed and the premises where the equipment is to be maintained. If the City Manager determines that the applicant and the persons associated with him in the conduct of the business are of good moral character, that the equipment proposed to be used is not unlawful, that the granting of the permit at the location pro- posed will not be likely to interfere with the peace and quiet of the surrounding neighborhood or to result in unreasonable police problems, he shall issue a non - transferable permit. If the City Manager determines that the application does not satisfy the foregoing requirements, he shall deny the application. In granting such permits, the City Manager may limit the number of pieces of equipment which may be permitted and he may impose such conditions as he may deem necessary to insure that the maintenance • and use of said equipment will be compatible with the public peace, health, safety and welfare. If the application is denied, the applicant shall'be so advised in writing by certified mail dir- ected to the address shown on the application or by personal service. Service shall be deemed complete upon deposit of the notice in the United-States Post Office directed to the applicant at his address on the application, SECTION 4705. Addition or Substitution of Equipment. Whenever a permitee intends to replace equipment authorized by an existing permit with new or a different type of equipment, he shall file a new application for such equipment, together with a fee of $25.00. SECTION 4706, Permits Non - Transferable. Permits issued under this chapter are not transferable. Upon the sale, assignment or transfer of ownership or possession of any equipment for which a permit has been issued,the new owner, transferee or assignee shall 30 be required to make application for and obtain a new permit before he may continue to keep or maintain said equipment in any place of business open to the public. SECTION 4707. Display of Permit. Any permit issued under this chapter shall at all times be posted and displayed in a con- spicuous place on the premises where the equipment covered by the permit is located; SECTION 4708. Prohibited Conduct. In any establishment for which a permit has been granted the following conduct shall be prohibited: (a) No gambling, betting or wagering of any kind shall be allowed on such premises. (b) No person under the age of twenty: -one (21) years shall be permitted to remain on any premises where alcoholic beverages are sold, (c) Conduct offensive to public decency or morals or any activity which disturbs the peace and quiet of the sur- rounding neighbors or the general public, (d) No intoxicated person shall be allowed to remain on such premises. The owner, manager, operator or other person in charge of the establishment for which a permit has been issued shall be strictly responsible for the enforcement of the foregoing regula- tions and shall not allow any person violating any regulation to remain on such premises or permit any habitual violator to enter such premises. The person in charge of the premises shall promptly report to the police department any fight, brawl or other unlawful activities of which he has knowledge occurring on the premises. A copy of the foregoing regulations supplied by the City Manager shall be posted in a conspicuous place in each establishment for which a permit has been issued. SECTION 4709, Revocation of Permit. The City Manager may revoke any permit issued under the provisions of this chapter upon any one or more of the following grounds: (a) Said permit was procured by false statement., 40 misrepresentation or non - disclosure of a material fact when such fact would have constituted good cause for denying the applica- ments for issuance of a permit. (c) Any failure on the part of the owner, manager or other person in charge of the premises to enforce the regula- tions set forth in Section 4708 or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises. (d) The premises for which the permit was issued is being operated in an illegal or disorderly manner. (e) Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neigh- borhood. (f) The permittee or any person associated with him as principal or partner, or in a position or capacity involving • total or partial control over the establishment for which the permit was issued, has been convicted of a criminal offense involving moral turpitude, SECTION 4710. A2peals from Action of Ci . if an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regard- ing the action or failure to act on the part of the City Manager. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing his appeal. The City Council at its next regular meeting held not less than five (5) • days from the date on which such appeal shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence and shall determine the merits of the appeal. 5. tion for such permit. (b) The permittee has ceased to meet any of the require- ments for issuance of a permit. (c) Any failure on the part of the owner, manager or other person in charge of the premises to enforce the regula- tions set forth in Section 4708 or to cooperate with the police department by promptly reporting any fight, brawl or other unlawful activities occurring on the premises. (d) The premises for which the permit was issued is being operated in an illegal or disorderly manner. (e) Noise from the establishment for which the permit was issued interferes with the peace and quiet of the neigh- borhood. (f) The permittee or any person associated with him as principal or partner, or in a position or capacity involving • total or partial control over the establishment for which the permit was issued, has been convicted of a criminal offense involving moral turpitude, SECTION 4710. A2peals from Action of Ci . if an applicant is aggrieved by any action or failure to act upon the part of the City Manager in issuing, failing to issue, or revoking any permit under this chapter, such applicant may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regard- ing the action or failure to act on the part of the City Manager. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing his appeal. The City Council at its next regular meeting held not less than five (5) • days from the date on which such appeal shall have been filed with the City Clerk shall hear the applicant, the City Manager, and all relevant evidence and shall determine the merits of the appeal. 5. The City Council may sustain, overrule or modify the action 0i,t5 >Y City Manager and the decision of the City Council shall be final. The right to appeal to the City Council from the denial, suspension or revocation of any permit required by this chapter shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Post Office advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council, SECTION 4711, Review by City Council. The City Council may, on its own motion, hold a hearing for the purpose of reviewing any action or failure to act upon the part of the City Manager in issuing, failing to issue, or revoking any permit under this chapter. The City Clerk. shall cause written notice of the time, place and purpose of the hearing to be sent to the applicant or permittee by registered mail at least five (5) days prior to the date set for the hearing. After the conclusion of the hearing the City Council may sustain, overrule or modify the action of the City Manager and the decision of the City Council shall be final. SECTION 4712. Other Licenses and Fees, Fees and permits required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code." SECTION 3. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of ,7=e 1966, and was adopted on the 11th day of July , 1966, by the following vote, to wit: .AWES, COUNCIIMN Rogers, Parsons, Marshall, Gruber, Cook, Forgit NC: �,S . COUNCILMEN None ABSENT COUNCILMEN Shelton ATTEST: