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HomeMy WebLinkAboutOrd 636-1972ORDINANCE NO. 636 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING MECHANICAL AMUSE- MENT DEVICES AND PROVIDING FOR LICENSE FEES~ PROHIBITING ILLEGAL DEVICES AND PROVIDING PENALTIES. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I. AMUSEMENT DEVICES--NECESSITY OF LICENSE FOR. It shall be unlawful for any person, for himself or any other person, firm or corporation, to distribute~ operate~ install or maintain or allow to be distributed~ maintained: operated or installed any mechanical amusement device~ as the same is hereinafter defined, in any place in the City .of South San Francisco, without having first obtained a license to distribute~ install~ operate or maintain such devices as hereinafter provided. SECTION II. DEFINITIONS. For the purpose of this chapter the following words and terms shall be deemed to mean and be construed as follows: (a) "Mechanical Arausement Device." Any machine ~ device, contrivance or apparatus, the operation or use of which is permitted~ controlled, allowed or made possible by the deposit or placing of any coin, plate, disk, slug~ or key into any slot, receptacle~ crevice~ or other opening~ or by the payment of any fee or fees~ for its use as a game, or contest of any descrip- tion~ or which may be used for any such game or contest~ and the use or possession of which is not prohibited by any laws of the State of California. Cb) "Distributor." Any person who shall, as owner, agent, employee or otherwise, distr/bute, place, inStall or deliver a mechanical amusement device or devices to any premise in the City of South San Francisco, or who shall keep or store within the City of South San Francisco any such mechanical amuse- ment device or devices for the purpose of distributing, placing, installing or delivering the same. (c) "Operator." Any person who shall, as owner, lessee, employee, agent, or otherwise, operate, install, keep, maintain~ permit,~ or allow to be operated, installed or main- rained, any mechanical amusement device in or upon any premise owned, leased, managed, operated or controlled by such person within the City of South San Francisco. SECTION III. ILLEGAL DEVICES. Nothing in this ordi- nance shall be construed to Permit the licensing, maintenance, distribution, or operation of any mechanical device or apparatus which is contrary to any of the laws of the State of California or the ordinances of the City of South San Francisco; nor to permit the operation of any mechanical play device licensed hereunder in such a manner as to be contrary to any of said laWs or ordinances. Any mechanical play device operated in violation of the terms of this ordinance may be seized and held by the Chief of Police· SECTION IV. APPLICATION FOR LICENSE--INVESTIGATION. Every person desiring a license as required herein shall make written application therefor to the Chief of Police. The applica- tion shall be verified and shall contain the following information: (a) Name and address of applicant and all persons financially interested in the operation or distribution of the mechanical amusement devices; (b) Date and place of birth of applicant; (c) Whether applicant desires distributor's license or an operator's license for the establishment in which the machines are to be maintained and operated; (d)~ -If an Operator's license is desired, the place where the machine or machines are to be installed and operated, together with the number of machines to be installed and operated in the establishment, also a brief description of the principal product or type of product sold or service rendered at the premises upon which said machines are to be operated or maintained. (e) Whether applicant is a citizen of the United States; (f) Whether applicant has ever been convicted of a crime; (g) A statement that the device or devices for which licenses are sought are not intended to be and will not be per- mitred to be used for any gambling purposes whatsoever; and (h) The nature of applicant's interest in or title to the device or devices for which the license is sought. Upon receipt of an application, the Chief of Police shall conduct such investigation as he may deem necessary and proper as to the character and morals of the applicant and per- sons financially interested in the distribution or operation of the machines for which licenses are sought. SECTION V. LICENSES--ISSUANCE OR DENIAL BY CHIEF OF POLICE; LICENSE; APPEAL. A. Issuance or Denial. The Chief of Police authorized to issue or deny the license. B. Licenses. Licenses shall be serially numbered and shall expire on the last day of the calendar year in which issued. C. Appeal. Appeal from denial of the license may be taken as provided in Section XI of this ordinance. SECTION VI. LICENSE FEE. Permits issued under the provisions of this ordinance shall be forwarded by the Chief of Police to the office of the City Clerk who shall deliver same to the permittee upon receipt of the fee which must be paid in accordance with the following schedule: Distributor's License: Operator's License: $500.00 per annum $ 50.00 per annum for each machine Fees for licenses issued after the first day of February in any calendar year shall be prorated so that the licensee shall pay only a proportionate amount of the annual fee, in accordance with the amount of time remaining in such year. SECTION VII. PROHIBITING ONE-BALL AND OTHER DEVICES. No permit shall be issued to any applicant relating to any mechanical amusement device, which for each coin, slug, or token inserted makes available to the player, for actual play, only one ball or marble; nor shall any permit be issued to any applicant relating to any mechanical amusement device which permits or is adapted to the insertion of additional coins, slugs or tokens during the playing of or before the completion of the game for which the original coin~ slug or token was inserted in the device, and it shall be unlawful for any person to maintain or operate oP allow such machines to be maintained or operated. SECTION VIII. UNLAWFUL ACTS. (a) No award, payoff, or delivery of anything of value, or representing, or exchangeable, or redeemable for any- thing of value, shall be made in any contest, tournament, league or individual play on any mechanical amusement device; and it shall be unlawful for any licensee he_reunder or any owner or- operator of a mechanical amusement device to cause, permit or allow same (b) It shall be unlawful for any person or owner or operator of a mechanical amusement device to cause, permit or allow same tO be located, operated or maintained within three hundred (300) feet of the nearest entrance to or exit from any public playground or public or private school of elementary or high school grades. SECTION IX. 0PERATION BY MINOR PROHIBITED. Except for the exempt devices hePeinafter descPibed~ it shall be un- lawful for any minor to operate a mechanical amusement device in any manneP oP for any puPpose~ and it shall be unlawful fop the holder of any license or for any pePson in the employment of such holder to permit any minoP to operate such mechanical amusement device. Evidence that any minor has operated any such device in a place of business owned oP contPolled by the holdeP of such license shall be sufficient to establish~ prima facie~ a violation of this oPdinance by such licensee. Each holdeP of an operatoP's license undeP this oPdinance shall at all times keep posted in a conspicuous place on each mechanical amusement device~ except exempt devices ~ a notice in printed lettePs not less than one-quaPter (i/q) inch in height~ which notice shall be in the following woPds: "MinoPs ate pPohibited by law fPom opePating this mechanical amusement device." SECTION X. LICENSE NONTRANSFERABLE. 0peratoPs' licenses issued hePeundeP shall be posted in a conspicuous place in the establishment fop which the same is issued and shall main until a new oP different license is issued thePefoP~ and shall show the number of machines authorized to be maintained therein. No license shall be tPansferable fPom one person to another~ oP from one establishment to another. SECTION XI. REVOCATION OF PERMIT AND LICENSE--APPEAL. The Chief of Police shall Pevoke any pePmit and license issued hereunder when in his opinion the permittee is violating oP attempting to violate any of the provisions of this ordinance: any law of the State of California, or any other ordinance of the City of South San Francisco. In the event that any person is denied a permit, or shall have his permit revoked by the Chief of 'Police, an appeal may be taken to the City Manager within thirty (30) days after the date of said denial or revocation. If such an appeal is taken it shall be by written notice of appeal, filed with the City Manager and served upon the Chief of Police by the applicant or permittee. Said notice shall state the facts required to be stated in the applicant's original application. The City Manager shall set a day for hearing the said appeal and shall designate the time and place where such hearing is to be held. A notice of said hearing shall be given the said applicant or permittee by the City Manager by mailing the same to the last known address of said applicant or permittee not less than five (5) days prior to the date set for said hearing. At any such hearing the applicant or permittee shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence in his behalf. The Chief of Police, or his representative, shall attend the said hearing.* Upon conclusiOn of such hearing the City Manager may modify, sustain or overrule the decision of the Chief of Police. SECTION XII. SEIZURE. Any mechanical amusement device installed, operated or maintained upon premises or establish- ments not licensed as provided for herein may be seized and held by the Chief of Police until said premises or establishments are properly licensed. If a license is not applied for within thirty (30) days after such seizure, the machine may be destroyed and any money found therein deposited in the City Treasury. SECTION XIII. FORFEITURE OF FEES. Any holder of such license, who shall use or permit the use of such device for any such unlawful purpose or in connection with such unlawful pur- pose, or in violation of any provision of this ordinance, shall forfeit such license and all license fees paid by such holder to said City. SECTION XIV. PENALTY. Every violation of the pro- visions of this ordinance shall be a misdemeanor and, if the offense be a continuing one, from day to day, shall constitute a new violation for each calendar day on which such violation may occur or continue. Ever~ such violation shall be punishable by fine not exceeding Five Hundred Dollars ($500.00) nor less than Fifty Dollars ($S0.00), or by imprisonment for a period not exceeding sixty (60) days or by both such fine and imprison- ment. No sentence imposed for a violation of this ordinance shall be suspended. SECTION XV. C0NSTITUTIONAL--SEVERABILITY OF CLAUSES. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of South San FPancisco hePeby declaPes that it would have passed this oPdi- nance and each section~ sentence~ clause and phrase thereof: iPPespective of the fact that any one oP mope otheP sections ~ sentences~ clauses or phrases be declared invalid oP unconsti- tUtional. SECTION XVI. EXEMPT DEVICES. The following devices ape exempt fPom the .application of Section IX of this oPdinance: 1) 'Coin-opePated pool table~ whePe balls ape dispensed by the insePtion of a.coin; 2)~ Bowling~whePe a ball om puck device is used; 3) ShuffleboaPd, whePe a ball or puck device is used and thePe is physical contact between the playeP and the ball oP puck used; ~) Mechanical gun amusement device; $) Claw-cPane~ diggeP, om similaP device opePated by cPanes om levePs om pulleys. SECTION XVII. REPEAL OF ORDINANCE 278. OPdinance No.. 278 entitled "An 0Pdinance of the City of South San Francisco Licensing Mechanical Amusement Devices ," adopted the lSth day of August, i9g~8 is hePeby Pepealed. 'SECTI0'N~ XVIII. PUBLICATION AND EFFECTIVE DATE. This oPdinance shall be published once in the EnterpPise-JouPnal," a newspapeP of general ciPculation in the City of South San Fpaneisco~ as required by law~ and shall become effective thirty (30) days fPom and afteP its adoption· Introduced this 28th day of August , 19 72 . Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 5th day of September , 19 72 , by the following vote: AYES, COUNCILMEN Patrick E.Ahern; Gordon T. Boblitt, William A. Borba,' F~ Frank Mammini and Warren Steinkamp NOES, " None ABSENT, " 'None ATTEST: As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 5th day of September , 19 ,72 . · Mayor~- 10.