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HomeMy WebLinkAbout459 - Amusement Machine Regulationsr 1 LJ • 0 • • • ORDINANCE NO. 459 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REGU- LATING AMUSEMENT MA- CHINES, REQUIRING A PER- MIT FOR THE OPERATION THEREOF FROM THE CHIEF OF POLICE, PROVIDING FOR THE REVOCATION OF SUCH PERMITS, PROVIDING FOR THE LICENSING OF SUCH AMUSE- MENT MACHINES, AND PRO- VIDING 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 - men Machine" or "Game Machine' shall mean and include any sport or pastime played or operated with cards, dice, halls, pins, check- ers, counters, quoits, heans, spin- dles, tables, wheels or any other device, contrivance or apparatus, or any combination of any there- of, which machines or games are operated by inserting therein a coin or by payment of a valuable consideration. The word "person" shall mean and include both the singular and plural and shall also mean and include any person, individual, firm, corporation, co-partnership, association, club, society or any other organization. Section 2. It shall he unlawful for any person to conduct, manage, operate or carry on the husiness of any amusement machine or game machine, or any other a- musement of any character what- soever, not otherwise provided for in the ordinances of the City of Newport Reach, without first hav- ;ng obtained a license therefor from the Chief of Police of the City of Newport Beach. Section 3 Every person desiring to conduct, manage, operate or carry on the business of amuse- ment machines or game machines under the provisions hereof, shall make written application to the Chief of Police of the City of Newport Beach for a license so to do, upon forms to he provided by said Chief of Police for such purpose, and the said Chief of Police shall not issue a license therefore until he has made an investigation concerning the le- gality of said amusement machine or game machine. Section; 4. All licenses granted hereunder shall he annual licenses and shall expire on the let day of July following the issuance thereof. Section 5. If at any time sub- sequent to the issuance of said license said Chief of Police shall find or is of the opinion that the managing, conducting or carrying on of said business so licensed 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 report such fact to the City Council of said City, and said City Council shall direct that an Order to Show Cause he issued and directed to said applicant to show cause why said license for said business should not he re- voked; 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 husi- ness, and shall therein specify the time and place of the hearing of such Order to Show Cause by said City Council,which said hearing shall not he held at a time earlier than ten (10) days following the issuance of said Order to Show Cause, and the hearing thereof and the decision of said City Coun- cil, pursuant to such hearing shall he 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 par- ties interested may he 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 com- port with the public health, safety; morals and /or welfare, and has been conducted in an illegal or disorderly manner, said permit for the operation of said business shall he revoked. Section 6. The provisions of this ordinance shall not apply to oc- casional amusements under the auspices of fraternal, religious, charitable, educational and /or mu- nicipal associations or organiza- tions, and guilds organized, for the purpose of theatrical instruc- tion. Section 7. Every person engaged in the business of renting, leasing or maintaining any amusement machine or game machine within the City of Newport Beach, ex- cept a business known as an Ar- cade Business, as defined in the license ordinance of the City of Newport Beach shall pay an an- nual license fee of $150.00, which license, issued upon the payment of said license fee, shall entitle said person to lease, rent or maintain one machine within the City of Newport Beach, and for each ad- ditional machine such person shall obtain a separate license and for such separate license shall pay a license fee of $5.00 per annum. Section 8. All of such amuse- ent machines or games herein mentioned shall be registered in the office of the Chief of Police, such registration indicating the serial number, the owner, and the place at which said amusement machine is to he located. All amusement machines or games so maintained in the City of Newport Beach shall hear a stamp or label or sign indicating the serial number thereof, the true owner, the prin- ,cipal place of business of said owner, the number of the license issued by the City of Newport Beach covering the maintenance of said machine, together with the expiration date of said license. Section 9. Any amusement ma- chine or game maintained in vio- lation of this provision or main- tained without having displayed thereon in a clearly visible place the aforesaid label or sign indicat- ing that the license therefor is unexpired, shall he seized and held by any duly qualified officer o the City of Newport Beach, whit machine or game shall he redeem- able only by the true owner within a period of not to exceed sixty (60) days, upon the payment _o, the reasonable value for the safe- keeping afe keeping of said machine, together with the license tax as provided herein for the period during which said machine was Improperly main- tained. Section 10. In the event any per- son discontinues maintaining any machine or game duly licensed hereunder during a period when such machine or game is licensed for an unexpired period, said li- censee may substitute another ma- chine o: game in place of said machine, the use of which is so discontinued, and may maintain said substituted machine without the payment of an additional li- cense tax for the unexpired per- iod of the license carrier! on said discontinued machine, provided, however, that such person sur- render the unexpired license of said discontinued machine to the Chief o Police and obtain from the Chief of Police -a new license for such unexpired period for said new machine, and provided, fur- ther, that said new machine be registered with the Chief of Police as provided herein. Section 11. Provided, however, that no license as provided herein shall he issued for the renting, leasing or maintaining of any a- emsement r..achine or game upon any public street, alley, way, court cr in or upon any publicly owned building or property within the City of Newport Beach. Section 12. Any person violat- ing any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall he punished iro a fine not to exceed $300.00 or by imprisonment in the City Sail of the City of Newport Beach or in the County Sail of Orange County for a period not exceeding three months, or by both such fine and imprisonment, and each such person as principal, agent or other - c:eise, shall he deemed guilty of a separate offense for each day dur- ing any portion of which the vio- lation or failure, neglect or refusal to comply with any of the provi- sions of this ordinance is commit- ted, continued or permitted by such person. Section 13 This ordinance shall he printed and published once in NEWPORT NEWS, a newspaper printed, published and circulated in the City of Newport Beach, and shall take effect and he in force thirty (30) days after its passage. The above and foregoing Ordi- nance was introduced at an ad- jo-irned regular meeting of the City Council of the City of New- port Beach, held on the 17th day of May, 1937, and was finally passed and adopted on the 7th day of June, 1937, by said City Council at a regular meeting thereof, by the following vote, to-wit: AYES, COUNCILMEN: Gordon, Claire, Whitson, Williamson. NOES, COUNCILMEN: None. ABSENT COUNCILMEN: Gar- field. The above and foregoing Ordi- nance is signed and approved by b me this 7th day of June, 1937. HARRY H. WILLIAMSON Mayor of the City of Newport Beach. ATTEST: _ Frank L. Rinehart City Clerk. 0