HomeMy WebLinkAboutOrd. No. 1965-428-4292.2
ORDINANCE NO ..
4zII
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA,...
AMENDING ORDINANCE N0. 409 IN REFERENCE TO CIUIL
D EFENS E
The Mayor and City. Council of the City of Elsincre do ordain as follows:
Section l: That wherever the.. words "State of Extreme Emergency"
or the words "State of Disaster" appear in said:Ordinance No. 409, said
words are hereby deleted and withdrawn wherever they appear within said
Ordinance.
Section 2: That it is hereby enacted that the words "Local
Emergency" be substituted for the words "State of Extreme Emergency"
wherever such words appear in said Ordinance, and the words"Local
Disaster" be substituted for 'the words "State of Disaster" wherever such
words appear within said Ordinance.
..Section 3: The City Clerk is hereby ordered and directed to
certify the:. passagerof this Ordinance and. to cause the. same to be published
in a newspaper of general circulation within the City of Elsinore.
ADOPTED by the Mayor and City Council and signed by the Mayor and
attested to by the City Clerk thins 27th day of September, Ig65.
s/ Thomas4C. Bartlett
Mayor of the City of :Elsinore
ATTEST:
s/ Florene Marshall
City Clerk of the City of Elsinore
ORDINANCE N0. 42g
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA
REGULATING POOLROOMS, CARD ROOMS AND. FAMILY
G6ILLIARD ROOMS,-AND REPEALING ORDINANCE N0. 373
AND AMENDMENTS THERETO..
The City Council of the City of Els inore does ordain as follows:.
Section l: Definitions.
(a) A pool room is a place where pool, billiards, snooker or similar
games are played upon tables or other apparatus, and from which-the owner or
operator of such place derives a fee, rental or revenue..
(b) A card room is a place where tables or other conveniences are
provided for the playing of such-games as are permitted under the provisions
of Section 330 of the Penal Code of the State of California.
(c) A family billiard room is a place where billiards or similar games
as may be approved by the City Council are played upon tables or other apparatus,
and from whd.ch the owner pr operator of such place derives a fee, rental or
revenue, and in which no alcoholic beverages are sold or consumed, and wherein
minors are permitted but only when satisfactorily supervised in the descretion
~ of the Elsinore Police Department.
(d) A person is any individual, or combination of individuals,
corporation, partnerships or organizations.
Section 2: Permit Required. It shall be unlawful for any person to
establish, open, operate or maintain, either as owner, agent or employee, any
pool room, card room or family billiard room. as herein defined without first
obtaining a permit ~'ri;re the City Council of the City of Elsinore.
Section 3: Applications. Any person desiring to open, operate, or main-
tain any business as herein described shall apply in writing to the Gity Council
for such a permit and shall accompany said application with such fees as herein set
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forth. Sadd,application shall give the names and addresses of .all of the owners
as well as the manager or other person who is to operate said business, and shall
describe .the location in which said business is to be conducted, including the
filing of a plot :plan. showing the interior of said building and. the locations of
all of the tables or,other apparatus:to be placed therein. Said application shall
show the number of pool tables, card tables, billiard tables or other apparatus
to be used. Said application shall further give the names :and addresses. of all
persons who are investors or have any interest in said business. All interested
persons shall :submit to a complete police checkup including fingerprinting
and photography. ,The CityhManager is empowered to provide application forms
.and requiring the furnishing of such addixional information as.he may deem
necessary to properly administer and regulate the provisions of this ordinance.
In the event that the applications is .denied, the City Clerk shall refund all of
the money deposited excepting that amount determined to be the citys cost
incurred in processing the application.
Section 4: Special Provisions.
(a) It .shall be unlawful for the permittee, his manager, agent or
employee to allow any person-under the. age of twenty-one years to frequent,
loaf, loiter or play any. games vaithin any pool room or card room.
(b) Lt shall be unlawful to keep any pool room, :ca rd room or family
billiard room opera between the hours of 2:00 o'clock a;m, and 8:00 o'clock a.m.
of any day, or to .play or allow to be played any game in such place betvaeen said
hours.
(c) No alcoholic beverages shall-be sold,. consumed or possessed within
any family billiard room.
(d) No permittee of a family billiard room shall be a permittee or
interested party of either a pool room or a card room, nor shall a permit 'for
a family billiardlroom be granted to any person where said :building or premises
leads into a card room or pool room..
(e) Any place in whcch family billiards are conducted shall be
--~ visible to the sidewalk or publ-ic street adjacent thereto.
~_~ (f) It shall be unlawful to play,or allow to be .played in any card
room permitted under the provisions of this ordinance any games which may. be
prohibited by-the laws of the State of California.
.(g) -;Not more than one permit in each category a.b:c:, Section l of
this ordinance shall be granted for each one thousand bona fide residents of the
City of Elsinore or fraction thereof.
(h) The Council shall hear and act on all .applications +,vitMbn ninety
(90) days of receipt by the City Clerk.
Section 5: Non-Transferability. No permit granted hereunder shall be
transferrable. Any transfer or attempted transfer of any permit granted herein ~
shall constitute grounds Sor immediate cancellation of any permit theretofore
granted vdithout notice to the permittee. Alllpermits gre.nted shall-specify on
the permit that the permit is non-transferrable. No perm;:.tee shall acquire
any property rights 'to the permits which may-be granted hereunder.
Section 6: Grounds for Denial of Permit: -The following shall be
considered sufficient .grounds for the denial of a request for permit:,.
(a) That the application is not in the form required by, this ordinance.
(b)- The unsuitablity of ,the-proposed location :or the construction or
arrangement therein.
(c) That.the applicant, investor or interested party having previously
had a permit for any of :the uses ..herein set forth revolted ;for any cause.
(d) That the .application does not meet ~,the.~requirements as set forth
in this ordinance.
(e) That the granting.of the permit would be contrary to public
peace and welfare, the determination of which is in the sole discretion of the
@ity Council.
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(f) For any !reason-deemed sufficient by the City Council.
Section 7: Revocation of Permit. Any permit issued pursuant to the
`'provisions of this ordinance may 6e revoked by the City Council, either wi£h
or without notice.. In the event that notice is given, said notice shall notify
the permittees of the hearing to be conducted before the City Council at a date
and time set forth in said notice, and said notice sha 11 be mailed by the City
at least ten days prior to said heariny'to the permi.ttees at their addresses shown
in the application. At the time set forth in the notice, tfie pe,nmittees shall. be
required to show cause .why said permit should not be revoked. .It shall be in
the sole descretion of the City Council whether said permit shall be revo!<ed.
The following shall be cinsidered sufficient grounds for the revocation
of a permit granted under the terms of this ordinance. _
(a) Non-payment of any permit fee provided for by this ordinance
or any other ordinance of the City of.Elsinore.
~(b) failure of the permittee to abide by this ordinance or any
ordinances of the City of Elsinore or any amendment thereto, and to abide by
any rules or regulations of the City of .Elsinore.
(c) Conviction of the permittee or any of its agents or employeES for
violation 'of any law which in the discretion of the City Council renders that
person unfiit to continue to participate in the applicable permit.
(d) Any permittee must commence operatiorn aF said business within
ninety days from the granting of any permit or such time as may be specified by the
City Council, and failure to do so shall be grounds for revocation of said
permit. Any failure to operate The business pursuant to this ordinance for
a period of thirty days shall constitute grounds for revocation of said permit.
Secfioh $: Permit Fees. The permit fees to be paid to the City by
the permittee to operate any business as herein set forth shall be as follows:
(a) For each pool room or family billiard room having up to two
tables, the permittee shall pay the sum of-$100.00 per year. 'For each
additional table over tvao tables, the permittee shall pay the sum of $20.00
per year for each additional table.
(b) For each card room permit, the permittee shall pay the sum.
of $500.00 per year, and in addition shall pay the sum of $100.00 for each
card table. No:more than eight players: may play cards at each table. All card
games must be played on tables. .
(c) A combined pool and card room shall require separate licenses at
he:rate as above set"forth. In the event of a combination pool room and card
~" room, the pool room and card room shall .be in separate rooms 'and-only be directly
connected by one door.
1 ~ All permits issued herein shall be on an annual-basis and ho permits for
f;- less than one year shall be grantedr In the event-any permit is revoked or if
the permittee :terminates his busihess, no'refund shall o e granted.
Section 9: Penalty. Any person violating any of the 'provisions of this
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ordinance is guilty of a misdemeanor and upon conviction thereof shall, in addition
to the other penalties herein provided, be punishable by a fine `not to exceed
$500.00 or by imprisonment for not more than ninety days, or both such tine and
imprisonment. Each day that the permittee violates any of the provisions of
• this ordinance shall constitute a separate offense.'
Section 10: Repeal of Ordinance. Ordiriance!No. 373-and all con-
flicting ordinances of the City of Els:i.nore are hereby repealed. All prior
applncations under Ordinance No. 373 are hereby nullified.
Section 11: Certification. The City Clerk-is hereby ordered and
directed to certify the passage of this ordinance and to cause the same. to be`
published in a newspaper of general circulation vaithin the City ofElsinore.
ADOPTED by the City Council and signed by the Mayor and attested to by
the City Cler!c this 8th day of November, 1965•
s/ Thomas C. 6artlett
Mayor.ofi the City of Elsinore.
ATTEST:
s/ Florene Marshall
City Clerk of the City of Elsinore-