HomeMy WebLinkAboutOrd. No. 1971-500-502~~~,~
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ORDINANCE.:NO:<500
AN ORDINANCE OF THE CITY OF ELSINORE,
CALIFOIRNIA REPEALING ORDINANCE N0. 331.
ORDINANCE N0. 307"AND'ORDINANCE N0. 267
THE MAYOR AND CITY COUNCIL OF THE CITY OF ELSINORE, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1:
Ordinance No. 331, Ordinance No. 307, and Ordinance No. 267 are hereby repealed.
SECTION ~:
The City. Clerk is hereby ordered and directed to certify to the passage of these
ordinances and cause the same tb be published in the manner prbvided by law.
ADOPTED by the Mayor and Qity Council and signed by the Mayor and attested to
by the City Clerk this 26th day of'July 1971.
s/Norman L. Chaffin
Mayor bf'the City of Elsinore
ATTEST:
s/Florene Marshall
City Clerk of .the City of Elsinore
I, Florene Marshall, the City Clerk bf the City of'Elsinore, California, hereby certify
that the foregoing ordinances were duly and regularly introduced at a meeting of
the City Council on the 12th day of July, 197T and were duly adopted on the 26th
day of July, 7971 by the following vote, to wit:.'.
Ayes: ..Councilmen DePasquale, Harmatz, Perkinsr..., Mayor Chaffin
Noes: none
Absent: Councilman Cartier
In WITNESS WfD;REOF, I have hereunto set may hand and affixed mg-official seal of the
City of Elsinore, ;California, this 26th day of July, .1971.
s/Florene Marshall
City Clerk of the City of `Elsinore
ORDINANCE N0. 501 ,
AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA
AMENDING SUB-SUB-SECTION GOF utJT3`-SEG~TION-'S:'DF,~
SUB=SECTION,~6 OF~SECTION F~OF~ORDINANGE ~9~~'PERTAINING
`I'A`'=THE ~LFCENSING OF TAXI CABS.
THE MAYOR AND CITY COUNCIL OF THE CITY .OF ELSINORE„ CALIFORNI9,
DO ORDAIN AS FOLLOWS;-
~~ SECTION l: An ordinance of the City of Elsinore, California amending
sub-sub.-section G of sub-section 5 of sub-section 6 of section P of, Ordinance 399
pertaining to the licensing of taxi cabs to read as follows:
"(g) taxis: $46.0o per year.'-The owner and operator
shall first file an application with the. chief law
'enforcement officer of the city, together with their
finger prints and photographs, and the cheif-law
enforcement. officer shall make an investigation of
said applicant and operator, and shall file a
certificate with the City Clerk if said inve tigation
shows that the record of the applicant and operator
will not prejudice the public, peace, safety, morals
or welfare. Said application shall be kept current and
shall be filed within a period of no more than 90 days."
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SECTION 2: The City Clerk is hereby ordered and directed to
certify to the passage of this ordinance and cause the same to be published in the
manner provided by law.
ADOPi'ED by the Mayor and City Council and signed by the Mayor and
attested to by the City Clerk this 26th day of July 1971.
s/ Norman L. Chaffin
Mayor of the City of Elsinore
ATTEST
s/ Florene Marshall
City Clerk of the City of Elsinore
I. FLORENE MARSHALL, the City Clerk of the City of Elsinore, California, hereby .
certify that the foregoing ordinance was duly and regularly introduced at s.
meeting of the City-0ouncil on the 12th day.: of July, .1971,. and was duly adopted.
on the 26th day of July, 1971 by the following votes to wit:
Ayes: Councilmen DePasquale; Harmatz, Perkins, Mayor Chaffin
Noes; none.
Absent: Councilman. Cartier
ORDINANCE N0. 502
AN ORDINANCE OF THE CTPY OF ELSINORE, CALIFORNIA REGULATING.
CARD ROOMS, PROVIDING FOR APPLICATIONS FOR LICENSES, PROVIDING
FOR FEES AND REGULATING THE OPERATIONS OF CARD ROOMS AND.
REPEALING ORDINANCES N0. 429 AND NO 464, AS SAID ORDINANCES
PERTAIN TO CARD ROOM OPERATIONS.
THE MAYOR AND CI'T'Y COUNCIL OF THE CTPY OF ELSINORE, CALIFORNIA,,
DO HEREBY ORDAIN AS FOLLOWS;
SECTION 1: DEFINITIONS
A. A "card room" is a place which is duly licensed as herein
provided, containing tables and other similar conveniences for the playing of
such-games as may be permitted. under the provisions of Section 330 of the Penal
Code of the State of California.
B. A "person" is any individual, a combination of individuals,
a partnership or unincorporated association duly organized in the State of
California, with written articles of partnership, or association, and a corporation duly
,organized under the laws of the State of California with stock authorized and issued
under the Corporate Security Act of the State of California. No person, as herein
defined, shall be authorized to be a licensee or permitee of any. card room license
no shall such person be allowed to operate a card room unless such person meets
the definition. of a persoh'as herein contained.
C. A "licensee" or "permitee" 3s such person who has been issued
a card room license under the provisions of this Ordinance.
D. An "applicant" is any person meeting the definition of a person
who files an application for a card room license.
E. An application is the form or document prepared by the. ~
applicant or person who files the form for a-card .room license.
F. "City Council" is the City Council of the City of Elsinore,
California. -
SECTION 2: PERMTT REQUIRED-'
A. It shall be unlawful for ax~y person to establish, open, operate
or maintain, either as owner;'officer; agent or employee, any card room as
herein defined without first obtaining a permit from the City of "Elsinore.
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SECTION 3; APPLICATIONS AND RENEWALS
A. Any person desiring to open, operate or maintain ang card room
business as herein described shall apply in writing to the City of Elsinore for
such permit and shall accompany said application with such fees`as hereinafter
set forth. Said application shall give the names and addresses of all 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 dimensions of said building
and locations of'all tables"and other conveniences and installations to
be 'placed herein. Said application ahall show'the number"of card tables to
be used. In the event-that the applicant is not a corporation; said application
shall give the names and addresses of all .persons who are investors or have an
interest in said business: In'the event"that the application is 'a corporation,
all of`the officers and $irectors; together with their addresses; shall be
made a part of said application. Where the application is filed by an individual
or a combination of individuals or partnership or unincorporated association,
such persons including any and all investors and the responsible operating
manager shall submit to a-complete police-checkup, including finger printing
and photography. 'In the event that the applicant is 'a corporation, the
officers of `said corporation, including the respective 'operating manger shall
submit to a complete police'checkup, including finger'printing-and photography.
Ixi addition, finger printing or photographing shall be required if there is no
change of ownership, or officers or agents.
The City Manager is empowered to provide application forms and
shall require the furnishing of such additional information as he may .deem
necessary to properly administer and regulate the provisions of-this Ordinance.
In the event that the application is denied, then+gpplicant shall be
refunded all of the money deposited at the time of the filing of the application,
except the amount determined to 'be the City's cost incurred in processing
the .application.
B. No application for a license or permit under this Ordinance will
be considered'unless`the applicant interids to operate said card room within
a building on which the land shall not consist of less than five (5)'acres of
land with a new card room building consisting of'not less than 4500 square feet,
together with a restaurant of not less than 2500 square feet, together with
paved parking facilities, for not less than 300'automobilea, together with
driveways, acceptable lighting, as may be required by the City.
C. All applications must provide for not less than thirty (30)
card tables.
D. In the event that a license is granted as provided in this
Ordinance, the licensee or permitee shall annually file, an application setting
forth all of the matters set forth and required at the time of the filing.
of the original application, including the finger printing and photography
of all._individuals, combination of individuals,.. operating manager and the
investors and-the names of all. corporate officers and directors including .
the finger printing and photography of the president and operating manager.
SECTION 4'; APPLICATION AND PERMIT FEES
A. An application fee in the. amount of $500.00 shall be paid by the
applicant and retained by the City in the event that a license. or permit is issued
to said person making said application. In the even£ that the application is ,
denied, said amount shall be returned to the person making said application
after deducting any and all expenses or costs in,processing said application.
B. For each card room. permit or license issued under this Ordinance,
the said licensee or permitee shall pay to the City of Elsinore the sum of
$2,000.00 per year, and in addition shall pay the sum of $250.00 per year for
each card table which is licensed or authorized under this Ordinance. Said
payments shall be made on or before the 15th day. of January-of each and every year.
In the. event that_any license or_permit is revoked as provided by this Ordinance,
the. licensee or permitee shall not be entitled tq,any refund.
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SECTION 5:
A. It shall be unlawful for the licensee or permitee, aryy officer,
managers agent or employee to allow any person under the age of 21 years to
frequent, remain within-the-card room area, or to play any games within any
card room area.
B. It shall be unlawful to play, or allow to be played in sny card
room-under the provisions of this Ordinance, any .games which may be .prohibited
by the laws of the State-of California.
C. It shall be unlawful for-any licensee or permitee to operate.
a pool room or family billiard room within the .premises where said .card room
license is issued.
D. It shall be unlawful for. the. licensee or permitee, officer,
manager, agent or employee to allow any person on said premises to be or become
intoxicated or to permit any person on the premises to violate any, state laws
or any. manner-to allow any person to become loud, boisterous,. or otherwise .
objectionable and shall. not allow a known felon to visit said premises or to
play any card games therein.
SECTION 6: LIMITATION ON NUNIDER OF LICENSES
A. Nor more than four (4) permits for card room licenses, as
provided by this Ordinance .shall be granted Por each 5000 bonafide residences
of the City of Elsinore, as determined by the last voting roles of the City
of :..Elsinore, California.
SECTION 7: NON-TRANSFERABILITY OF LICENSE
A. No license or permit granted herein shall be transferable. No
licensee or .permitee shall acquire any property rights to the license or
permit which may be granted hereinunder. Any transfer or attempted transfer
of any license or permit granted herein .shall constitute a ground for
cancellation or revocation of, any permit of license. w,"~
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-SECTION 8: GROUNDS FOR DENIAL OF .LICENSE, OR PERMIT '_ f
The following shall be considered sufficient grounds for the denial
of a request for alicense or permit;
A. That the application is not in the form required by this
Ordinance..
~. 'The unsuitability of the proposed location or the construction
or arrangement therein.'
C. That the applicant,: investor or other interested party having
previously. had a license or permit revoked for any cause.
D. That the application does not meet the requirements as set
forth in this Ordinance.
E. That the. granting of the license or permit would be contrary..
to the public peace and welfare of the community, the determination of which
is in the"sole descretion of the City Council of said City.
` F. That the applicants, based upon the 'examination"of the persons
whose names appear thereon be determined to be persons who have a criminal _
record or for such other reason deemed sufficient by the City Council of the l
City of Elsinore..
,..
SECTION 9t REVOCATION OF LICENSE OR PERMTT
A. Any license or permit issued pursuant to the provision§ of thi's'
Ordinance, may be revoked by the City'COUncil upon written notice given to the
licensee or permitee in person or by registered mail, setting forth the ground
or grounds of the alleged violation. In the event that notice is given, said
notice shall further notify the licensee or permitee of the hearing to be con-
ducted before the City Council of the City of Elsinore, setting forth the date,
time and place of said hearing. Said. notice shall be delivered in person or
mailed by registered mail at least ten (10) days prior to said hearing to the
licensee or permitee at the address shown in the original application or
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annual applications. At the time of the hearing, the licensee or permitee shall
be required to show cause why said license or permit should not be revoked. At
said hearing testimony shall be received by the City Council, both on behalf of
the City and arty of its officers,. agents, or employees or other interested
persons as well as testimony on the. part. of the licensee snd permitee. At the
conclusion of said hearing, the: City Council_may,weight said testimony and make
a determination based upon the evidence received whether the grounds for said
revocation are sufficient or not; and its determination ,shall be final.
B. The following shall be considered sufficient grounds for the
revocation of any license or permit granted under this Ordinance..
1'. Non-payment of ax~y permit fee provided by thishOrdinance or
any other fees, required>by any other Ordinance of the City of Elsinore.
2. Failure of the licensee or permitee to abide by this Ordinance,.
or any other -0rdinances o£-the City of Elsinore or. any amendment thereto.,;
3. Conviction of the licensee and permitee or any of its officers,,
agents or employees of violation of arty law which renders the licensee or
permitee unfit to continue to participate in the card roombusiness.
4. The failure_of the licensee or permitee to commence an operation
oP said card room business within ninety (90) days from the granting of any
license or permit or such additional time as may be specified by the City
Council or if the licensee or permitee shall fail:. to operate skid business
as required by Section 10 of this-0rdinance.-
SECTION 10: TII?~E OF OPERATION
Every licensee or permitee shall keep said business open for operation
on every day during the year and on a 24 hour basis unless said City Council
shall specify other days and hours of operation.
SECTION 11: PENALTY
Any person, its officers, agents or employees who violate an~y of the
provisions of this 0rdinance is guilty of a misdemeanor and upon conviction
L_.- thereon shall be punishable by a fine not to exceed $500,.00 or imprisonment,
for not more than ninety (90) days, or-:both-fine and imprisonment. .Each day
that said persons, its officers, agents or employees, violates any of the pro-
visions of this 0rdinance shall constitute a separate offense.
SECTION 12: PARTI/1L-REPEAL OF ORDINANCES
0rdinance No. 429 and 0rdinance No. 464 of the City of Elsinore,
California, insofar as they pertain to card room licenses and permits is
hereby repealed. It being the intention of the City Council to retain said
Ordinances in full force and effect insofar as ,said Ordinances pertain .to
family billiard rooms and pool rooms.
.SECTION; 13: CERTIFICATION
The City Cier$ of the City ,of ,Elsinore, California, is-.hereby ordered
to certify the passage of this Ordinance and cause the same to be published in
the manner provided by law.
ADOPTED BY THE MAYOR AND CITY COUNCIL on the 26th day of July
1971 and signed by the Mayor and attested to by the City Coucil this 26th day
of July 1971.
s/ Norman L. Chaffin
Mayor of the City of Elsinore
ATTEST:
s/ Florene Marshall
City Clerk of the City of Elsinore
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