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HomeMy WebLinkAbout107 - Prohibiting Pinball Games (Amends ORD 25)ORDINANCE DTO. 107 AN ORDINANCE OF YHE CITI OF COSTA MESA PROHIBITING PINBALL G1Li',IFS AND OTHER GM131,S OF CHATT' CCE AND /L-1ENDIT G SII;TION 3 OF ARTICLE X O' ()F.F IITANCF N0. 25, BETNG AN ORDINANCE, 0111TI!TLED "AN ORDIIIA14CE OF THE CITY OF COSTA IMESA, CALIFORNIA, PROVIDING FOR LICENSING AND RWUL.aTING THE CARRYING ON OF VARIOUS PROFESSIONS, TRADES, GALL11MS, BUSIlZSSES AND OCCUPATIONS AND PRESCRIBING A PIDIALTY FOR THE VIOLATION THEREOF 11. The City Council of the City of Costa 14esa does ordain as follows: SECTION 1. POSSPSSION OF CERTAIN GRtiFS PROHIIBTED. It shall be unlawful for arT person, firm, or corporation to keep, maintain, possess, or have under control, in ary place of business, or in arq other place of y� ` { public r :sort, either as over, lessee, agent, Wployee, mortgagee, or .tea otherwise, ar.�y - tabu ,ame or dovice consa:o,lIy 'istc:•:n as "Pin Game, Pinball Machine, Marble I4achins, One Shot 'arble Game, Claw, Scoop, or Grab •iachine", any automatic pay-off macho e, or airy ,amt of ch�-ulce commonly known as a a: Slot Machine or Slotless Slot Miachine, the result of the operation of which machine is dotermined by the juxtaposition or alignment of pictures, syiYbols or other emblems borna on revolving or turning reels, reels or discs, the operation, use or play of which is controlled by placing therein arty coin, plate, disc, plug, key or other device, or by the payment of any fee. SECTION 2. SAME. DESTRUCTION OF. The Chief of Police shall destroy any pinball machine, art warble game, or any garae similar to a marble game, any claw, hook, or grab machine, which is used, .sept.., placed or maintained in violation of arq statute, or of this ordinance or of any other ordinance after any person owning, possessing or having control of such machine has pleaded guilty to or has been finally convicted of such violation. SECTION 3. DEPOSIT OF FUNDS IN IbICNINr. . The Chief of Police shall deposit in the City Treasury to the credit of the General Fund all money contained in any machine, which machine he destroys pursuant to the provisions of Section 2, He shall destroy all other contents of such machine. SECTION 4. RE .WE OF MACHT ;� BY ?:OURT TO CHEF OF POLICE. The Chief of Police shall apply to the dud.; ,, of aqr Court which has the custody of arxr machine subject to destruction the, -temr s of Section 2 for an order releasing such machine to hiia for the urpos� of coriplying with th3 � Ordinance. SECTION 5,. P.Y.LTY FOR VIO .ATIO'I. ^ry person, firm or corporati,3n who owns, maintains or possesses in any pi nce of business or in any place of public -1- resort any machine prohibited by this Ordinance in the City of CostaMesa shall be guilty of a m4sdetaeanor and punished by a fine of not more than .1500.00 or by i:xprisornient in the City or County Jail for not more than six (6) months or by both such fine and imprisonTient. SECTION 6. SAIii . EXCEPTI014S. Xothigg, contained in this ordinance shall be interpreted or construed to snake it unlawful for any person, firm or corporation to keep, maintain, possess or have under control, either as owner, lessee, rage-nt, employee, : or'4oagee, or o-Llzen;ise, any .iechanical amvsemmnt gauze or de%-1cc suc i as 4 is u.ffle All mys, Baseball Games, Guns, and the like w1hich have bee!. clo si-J"ied' as, -and .ehi.cn are, Games of Skill, and which are not prohibitr!d tinc:or :3e^tion 1 her^of., All such mechanical games not prohibited herein shall-, ho,m%. er, be subject to all other laws and ordinances of the State of California, in the City of Costa Mesa, pertaining to gambling. SECTION 7. Section 3 of Article X of Ordinance 25 relating to licensing of amusement de-trices is hcraby w:ended to read as follows, to -wit: "For every machine, including the renting, leasing or maintaining thereof, a minimum of $150.00 for six (6) such machines or any nainber less than six (6) machines. That is to say, a mint—num fee of 1150.00 for six (6) or less machines. For every machine in excess of six (6), there shall be a license fee of 125.00 for each such raachine. " SECTION b. FNACTRrITT. This ordinance shall take effect as of January 1, 1956, and, prior to the expiration of fifteen (15) days from its passage, shall be published once in the Costa Mesa Globe Herald, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council Voting for and against the same. ATTEST: �,3,-or of t � a Ci.t;;l � o�"`�•�a iJ ass �(fJr MW Clerk of the-C115aZrCo—sEa i.esa -2- ORDINANCE #107 STATE OF CALIFORNIA) )SS COUNTY OF ORANGE ) I. A. C. SWA.RTZ, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Cotta Mesa, held on the 21st day of November, 1955, the foregoing Ordinance was considered section by section and that Said Ordinance was then passed and adopted as a whole by the following vote: AYES: Councilmen :Martin, Nelson, Smith, Teirii.nkle and Finkley NOES: Councilmen - None ABSENT: Councilmen - None IN WITNESS WMEOF I have hereunto set iV hand and affixed the official seal of the City of Costa Fiesa this lst day of December, 1955. A. C. S7a"rtz, City Merk fLnd ex -officio Clerk of the City Council of the City of Costa IJIesa, California -3- LEGAL NOTICE I LEGAL NOTICE ORDINANCE NO. 107 victed of such violation. SECTION 3. DEPOSIT OF AN ORDINANCE OF THC CITY f OF COSTA MESA PROHIBIT• FUNDS IN MACHINE. The Chief ING PINBALL GAMES AND T Police shall deposit in the City ' OTHER GAMES .OF CHANCE Treasury to the credit of the Gen- i AND AMENDING SECTION 3 anyeraFund all money contained e any machine, which machine he OF ARTICLE X OF.:?ORDIN• destroys pursuant to the provi- ANCE NO. 25. BEING AN- OftD- sions of Section 2. He shall destroy INANCE ENTITLED"AN ORD• all other contents of such machine. (:MANCE OF THE CITY OF COS. SECTION 4. RELEASE OF AIA -11I TA MESA,, CALIFORNIA, PRO- CHINE BY COURT TO CHIEF OF J`i VIDING FOR LICENSING AND POLICE. The Chief of Police shall .REGULATING THE CARRY- apply to the Judge of any Court I ING ON OF VARIOUS PROE,ES. which has the custody of any ma- SIONS, TRADES, CALLINGS, chine subject to destruction under BUSINESSES AND, OCCUPA• the terms of Section 2 for an order TIONS AND PRESCRIBING A releasing such machine to him for PENALTY FOR THE VIOLA- the purpose of complying with this TION ,THEREOF". Ordinance. The City Council of the City of SECTION 5. PENALTY FOR Costa Mesa does ordain as fol- VIOLATION. Any person, firm or lows: corporation who owns, maintains SECTION 1. POSSESSION OF or possesses in any place of busi- CERTAIN GAMES PROHIBITP:D. ness or in any place of public It shall be unlawfta for any per- resort any machine prohibited by son, firm, or corporation to keep, this Ordinance in the City of Costa maintain, possess, or, have ukder Mesa shall be guilty of a misde- c many place of buss, meanor and punished by a fine of o v other .place publl re- not more than $500.00 or by 1;4ri- so t, ',either as owner, I ee, sonment in the City or County Jail agent; employee, mortgagee', or for not more than six (6) months otherwise, agy table';.game or de- or by both such fine,and imprison - vice • commonly ]mown as "Pin trent. Game, Pinball Machine;. Marble SECTION 6. SAME. EXCEP- Machine, One Shot Marble e, TIONS. Nothing contained in this Claw, Scoop, or GrabDfac = e", ordinance shall be interpreted or any automatic payroff mac or construed to make it unlawful for any game of chance commonly any person, firm or corporation to known as a Slot Machine oZ, Slot- keep, maintain, possess or have less Slot Machine, the result* the under control, either as owner, operation of which machine#ds de- lessee, agent, employee, mortga- termined by Cie juxtaposition or gee, or otherwise, any mechanical alignment of pictures, sym*s or amusement game or device such other emblems borne on re'Qving as Shuffle Alleys, Baseball Games, or turning reels, reels or discs, the Guns, and the like which have gorati eon, use: or.play of which is been classified as, and which are, Rf trolled by placing therein any Games of Skill, and which are not coin, plate, disc, plug, key or other prohibited under Section 1 hereof. device, or by the payment of. any All such mechanical games not fee. prohibited herein shall, however, SECTION 2. SANTE. DLSTRUC- be subject to all other laws and TION OF. a Chief of Police ordinances of the State of Cali- shal de6trpy any pinball machine, fornia, in the City of Costa Mesa, any bre Janie, or pny, , game pertaining to gambling. Simi jlq� m8rble;?$a�te." y SECTION 7. Section 3 of Article claw, `r ;. r b male e, X or Ordinance 25 relating to li- which"}sJkg Iflaced or censing of amusement devices is maint4bled;iq tion of a. hereby amended to read as. fol- tute, ar of -this once y lows, to other, aa�e igt a person "For every machine, including owning, %%jeTsl7frg,tr having con- the renting, leasing or maintaining trol'Wf sacl} Ohine has pleaded thereof,'a minimum of $150.00 for guilty to or has been finally con- six (6) such machines or any num- ber less than six (6) macbtnes. That is to say. a minimum fee of $150.00 for six (6) .mr less ma- chines. For every machine in ex- cess of six (6), there shall be a license fee of $25.00 -for each such maebine." SECTION S. ENACTMENT. This ordinance shall take effect as of 'January 1, 1956, and, prior to the expiration of fifteen (15)"days from its, expiration' of f if tete n (15) days from its passage,--phall be publishedonce in a Mesa Globe Herald, a ne of gen. e,C�I circulation, prm d- pub. Iished in the City of ata Mesa, together with the names of the Members of -the City Council vot- ing for an against the same. C. M. NELSON Mayor of the City_ of Costa Mesa ATTEST: +.3iit ry'Is A. C. SWARTZ City Clerk of the .'CityCosta Mesa. STATE OF CALIFORNI County of. Orange) I, A. C. SWARTZ, City Clerk and ex -officio Clerk of -the City Council of the City of Costa Mesa, do hereby certify that at -an ad- journed meeting of the City Coun- cil of the City of Costa Mesa, held on the 21st day of November, 1955, the foregoing Ordinance was con- sidered section by section and that said Ordinance was then passed and adopted as a whole by the fol- lowing vote: AYES: Councilmen Martin, Nel- son, Smith, TeWinkle and Pinkley. NOES: Councilmen = None ABSENT: Councilmen — None IN WITNESS WHEREOF„I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 1st day of December, 1955. A. C. Swartz, City Clerk and ex- offieio Clerk of the City Council of the City of Costa Mesa. Published Costa Mesa Globe Her- ald, Dec. 4, 1955, Costa Mesa, Calif. STATE OF CALIFORNIA 1 rj ss. County of Orange IPaul Nissen , being first duly sworn, and on oath depose and say that I am the of the Costa Mesa Globe -Herald, a weekly newspaper printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of No. 107 Ord. Amending Sec, 31 Art. X Ord. No. 201which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper for—� consecutive weeks: to -wit the issue(s) of 195 -- nee lI 1955- 195__ 195— / v /195— Subscribed and sworn to before me this_ I� —day of Notary Public in and for the s County of Orange, State of California.