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.