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