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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Extreme Emergency" or the words "State of Disaster" appear in said:Ordinance No. 409, said words are hereby deleted and withdrawn wherever they appear within said Ordinance.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 ~~~ mm 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. _ ____ ___.__ _ __ _ i 222' - (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 ! 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-