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6113o1(c) of the Newport Beach Municipal Code are repealed,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: