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HomeMy WebLinkAboutOrd. No. 1948-29232 ~ ORDINANCE N0. 292 ~ ORDINANCE OF THL CITY OF EISINORE REGULATIDTG G.9MES OF SKILL AND SCIEDiCE, AND PROVIDING ~OR A LICENS.E THBREFOR. The Ma?~or and Council of the Cit}c o£ Elsinore do ordain as follo~~rs: Section l. De£initions. For the purpose o£ this section only~ a"GAP'fE OF SKILL AND SCIENC~," shall mean any game participated in bJ one or raore players I ~ for ang prize, gi£t or a.ward of anything o£ value where or vrhen any charge is made I; b3r the person conducting, operating or maintaining such game, or any consideration ----' is paid bJ any plaJer for the right to play or".participate in any such game~ and the dominatino factor in determininP the result of such oame is dependent upon the skill o£ the pla,yer or players and not upon chance; provided, that in any case where the result of sueh game may be dependent to some extent upon the judgment~ intelligence or adroitness of the player, but nevertheless,the,;dominating £actor in determining the result o£ such game is chance, sucfi a game shall not be considered as a game of ski11 , and science, but shall be considered as a game o£ chance.` It is hereb;~ expressly declared that the'game commonly lmown as ~Bridgo" is a game of skill and science. Section 2. Permit xecauired. No person shall operate, maintain, conduct, carrf on or permit~ suf£er::;or allow the operation, maintenance~ conduct or carrying on of any game of akill and?science unlesscsizch person is the holder of a valid and unexpired permit then in full for:ce and effect, issued under the provisions of this section. Only two (2a, permits, shall'be issued under this`ordinance for every 10,000 - people who are bona.£ide residents.o£ the City oP'~lsinore. _. . . . .,.. _ , Section 3~ APAlication, .Qontents of. ,.An~rone de.s~,ring to conduct a ga,me or games of skill and scienne, .as .pr.QVided for .in .t3~i~ ordinance~ shall apply to the cit~*`council, either. orally or :in -writing~ .as ma5* .be ;r.equired by the city council, which application shall speci£y.the,location:o£-the.4geration of:the game or games o£ skill and science, and the name and.address of.the.applicant or applicants. 'Such application shall contain a statement of such other additional in- ~ £ormation as may be required by the eity council. '~ Such application shall be read at the meeting at which the same is presented, at which time the city council sha]1 determine whether or not the public interest~ oonVenience, and necess?t,y require the issuan~e.~of the permit applied-l'oTa aYl~ ~1°l~t~~~ the cit~,~-xov,ne~~ tieteTm~uae :~hatr;'titia publa~;;inGe~e~t, 'convenzence:.;and, n~cessitg3.;_~e~ire ~#~~sis5ua.nce~bP;~he~,petm¢t'i:app3xed,for,:~th~n and,in tha~-event;~,tl~e-,gegmit'a~ay~t~erey ;_.-. 7xpcsn~be~.issued.`:'?,~; :~.: ~: :.*; • The following reasons shall be suffi:cient £or a denial of said permit: (a) The unsuitability o£ the place proposed or such construction or arrangement thereof as in the opinion of the council would make the sazne difficul't to exercise the proper police'supervision ana inspection thereo£. (b)._Previous conviction of the applicant of violation o£ any of the laws of this city or of the State of California or of the United States of America, amounting to a felony. (c) That it shall appear to the council that the issuance of such permit would be contrary to the peace and welfare of the public and that the public interest and convenience do not require the issuance o£ said permit. Section . Fees, License. A license fee shall be paid to the City of - Elsinore in the amount of ~$100.00 per sear, payable upon the issuance of a license , hereunder and annually therea,fter. _ Section 5• MINORSiE~:CSTRICTIONS. (a} It shall be unlawful for any minor child under the age of eighteen (18) ,years to visit, £requent, play or enter any place where such games o£ skill and science are played, or to loiter in or about the same. (b) It sY~all,be unlawful for the licensee of an3r place where such games are played, or any servant, agent or enplo,yee thereof~ to lmowutgly'allow or perntit any.minor under the age of eighteen (1$) years to visit or frequent any such place~ or to lmowingly allow such minor to loiter in or about the same, or to play any games therein. 3~ Section 6. Hours. It shall he unlawful to keep any such establishment open~ or to operate the same between the hours of 2:00 A.N1. and 10:00 A.M. of any day. .. Section 7. Permits, Revoeation. Any permit granted under the provisions of this ordinance may be revoked by the council aPter thirty (30) days notice to the permit holder, requirin~ him to show cause why.said permit should not be revoked for any o£ the following reasons: (a) For the non-payment of any license fee provided by any ordinance of the City o£ Elsinore. (b) For failure to observe qny of the rules or regulations or_provisions set out in this ordinance. (c) For any cause which, in the opinion of the council~ makes it contr.ary to the public interest, weL are, convenience and necessity for the permit to be continuedr Section 8. Unconstitutionality. Should any phrase, clause, section or portion bf this ordinance be declared unconstitutional;`the same shall not affect the remainder of this ordinance, and the council hereby declares that it would have passed the remainder of this'ordanance irrespective of whether the part so declared , to be unconstitutionaT was contained therein or not. ' Section . Violation, Punishment. Any persons, firm, corporation or club violating any provision of this ordinance shall be guilt~* of a'misdemeanor~'and upon the convietion thereo£ shall be punishable by a fine o£ not more than Three Hundred '.;, (~300.00)Dollars, or by imprisonment in the City Jail of the City o£ Elsinore for a period of not more than sixt~* (60) days; or by both such'fine and iinprisonr¢ent. Section'10.' Card Games. Card tables may be installed in any such estab- lishment and rented for the purpose of card playing,'subject'to the following re- strictions and provisions: (a) A Jicense fee shall be paid to the Cit~r o£ ~lsinore in the amount of ~$2.00 for each table per quarter, payable on the lst daJ of January, April~ July and October of each year~ and a discount of 30o of such license fee shall be allowed if the same is paid within 20 days after the same becomes due, which license shall be in addition to any other license i_mposed by any of the ordinances of the City o£ ~lsinore. _ (b) That the ga~te Imown as "Pangini° and any of the games mentioned in Section 330 of the Penal Code of the State o£ California shall not be played in any such establishment. 5ection 11. Ordinance, Adoption o£. The city clerk shall certify to the adoption of this ordinance, and cause the sa~e to be published once in the Elsinore Leader Press. ATTEST: PAUL KUENZI,I ` City Clerk of the City of Elsinore 2 Hereby approve the £oregoing brdinance this lbth day of August 194g• T.J. Hudson c ing ayor o e$z y o£ Elsinore STATE OF CALIFORNIII) _ CITY OF ELSINORE . )SS COUN'PY OF RI4ERSIDE) _ I, Paul Kuentili, the dul,y elected, qualified and acting Clerk of the City of ~lsinore, Oalifornia~ do hereby certify that the foregoing ordinance was duly and regularly introduced on the 9th day o£ August, 1948, and was passed and adopted by the City Council o£ the said City o£ Elsinore at a regular adjourned meeting of said Council, held on the 16th day of August, 1948, by the £ollowing.QOte: AYES: Councilman; Win. Morton, Fred Penrod, Thomas Yarborough and Acting Mayor T.J. Hudson Noes: None Absent: Mayor J.A, Tarpley PAUL KUENZLI ' City Clerk of the City o£ Elsinore ' Eugene Best,_City Attorney By: Arthur M. Gediman Arthur M. Gediman, Deputy