HomeMy WebLinkAboutOrd 278-1948 aN ORDINANCE OF THE CITY OF SOUTH S~N FRANCISCO ...~ v~
LICENSING MECHaNICaL ~MUSE~NT DEVICES.,, "~,.~
.The City Council of the City of South San
Francisco does ordain as follows.:
Section 1. For the purpose of this ordinance
a "Mechanical Amusement Device" shall mean any machine, device~,
or contrivance designed, constructed and operated for the playing
of any game or contest or the exhibiting of any display or picture
for amusement, the use, operation or playing of which machine,
apparatus, device or contrivance is dependent upon or is commenced,
permitted or allowed by the deposit of any coin, slug or token,
in any slot or receptacle attached ~hereto or conn~ected therewith.
Section 2. It shall be unlawful for any person,
firm or corporation to operate, maintain or to permit to be operated
or maintained in any place of business or premises open to the public
and under his, her, or its control, any mechanical amusement device,
as hereinbefore defined, without having first applied to said City
Council and having received from said City Council a permit for a
license therefor. Upon the grant of such permit by the City Council,
a license may be issued to the applicant upon a form to be provided
by the license collector. The City Council may refuse to grant a
permit for a license to any person or persons, or for the operation
of such mechanical device in any place, whenever the City Council
may believe that the public welfare may make the refusal of such
permit proper.
Section 3. It shall be unlawful for any minor
to operate a mechanical amusement device in any manner or for any
purpose. It shall be unlawful for the holder of any license or for
any person in the employment of such holder to permit any minor ~o
operate such mechanical amusement device. Evidence that any minor
has operated any such device in a place of business owned or
.controlled by the holder of such license shall be sufficient to
establish, prima facie, a violation of this ordinance by such
holder.
Section 4. It shall be unlawful for any person
to aid or abet any minor in the use or operation of such mechanical
amusement device.
Section 5. Each holder of a license for the
operation of such mechanical amusement device, shall at all times
keep posted in a conspicuous place, a notice in printed letters
not less than one (1) inch in height, which notice shall be in the
following words: "Minors are prohibited from operating any
mechanical amusement device on these premises."
Y Section 6. The City Council may revoke any
license issued under this ordinance, after a public hearing.
Written notice of the time and place of such hearing shall be
given to the holder of such license not less than five (5) days
prior to the date fixed by the City Council for such hearing.
Evidence shall be sufficient to warrant the revocation of such
license, if such evidence shall cause said City Council to believe
that the holder of such license has violated some provision of
this ordinance.
Section 7. Every person, firm or eorporation,
who or which shall maintain or operate or permit the maintenance
or operation of any mechanical device hereinbefore mentioned
shall pay, annually in advance, a basic license fee of Five
Hundred Dollars ($500.00) per annum and in addition thereto, shall
pay annually in advance a license fee of Fifty Dollars ($50.00)
per annum for each such device.
Section 8. It shall be unlawful for the holder of
any license issued under this ordinance to use or permit the use of
such device for any purpose or in connection with any purpose which
constitutes a violation of law.
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Section 9. 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 purpose, or in viola-
tion of any provision of this ordinance, shall forfeit such
license and all license fees paid by such holder to said City.
Section lC. Every violation of the provisions
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. Every such violation shall be punishable by fine not
exceeding Three Hundred Dollars (9300.00) nor less than Fifty
Doll~rs ("
~50.~0), or by imprisonment for a period not exceeding
Sixty (60) days or by both such fine and imprisonment. No sentence
imposed for a violation of this ordinance shall b e suspended.
Section ll. If any section, sen~mnce,
p~se of this ordinance is for any reason held te be
unconstitutional, such decision shall no~ ~ffect the va~id~
the remaining portions of this ordinance, and the City
the City of South San Francisco hereby declares that it would
passed this ordinance and each section, sentence, clause and ~hr~'~[!
thereof, irrespective of the fact that any one or more o~h~r
sections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 12. This ordinance is hereby declared
be urgent and necessary for the immediate preservation of th~ ~Ubli~
peace and shall take effect and be in force forthwith from and
its final passage and approval. The-following is a statement of such
urgency: Amusement devices of the type defined in Section i ef ~his
ordinance are now in use and operation in said city ~nd the operation
of such devices by minors is detrimental to minors. That there is
no ordinance of said city adequately dealing with the subject ma~er
hereof and said Ordinance is immediately required in order to preserve~
the public peace. This ordinance shall be published once in The
Enterprise, a newspaper of general circulation, published and
circulated in the City of South San Francisco.
Introduced this ~~ day of August, 1948.
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 t~is /~~ day of August, 1948,
by the following vote:
~yes, Councilmen ~~~/
Noes, Councilmen
Absent, Councilmen "~~
Approved:
Mayor'of the City o~
South San Francisco.
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