For the purposes of this and Sections 5.20.020 through 5.20.140,
the following terms are defined as hereinafter set forth:
means:
Any miniature mechanical bowling game device, by whatever name
called; and
Any table, cabinet or mechanical device equipped for the playing
of any game whereby any marble, ball, pellet, or any tangible moving
object is propelled, rolled, shot or released toward a goal, pin set
of pins, or other objective by means of any plunger, ejector, mechanical
bat, mechanical band or by means of any other striking or releasing
mechanism which is affixed or attached to the table or cabinet, or
which is an integral part of the mechanical device or which is mechanically
manipulated, controlled or guided; either of which is so contrived
that at the conclusion of the operation or play thereof, a result
is visible or otherwise discernible so as to permit or make practical
the playing off or awarding of a prize or reward upon the operation
or play of the game. Excepted therefrom are games included within
the definition of "game of skill and science" of this section.
means any amusement machine or device so designed that articles
placed or heaped therein for the purpose of the game may be grabbed,
hooked, or otherwise displaced, recovered or removed by the operation
of any contrivance simulating in miniature a power-shovel, clamshell,
dragline or similar excavating tool or machine.
means any game participated in by one or more players:
For any prize, gift or award of anything of value, or
To produce any mechanically or electrically scored result visible
or otherwise discernible at the conclusion of the operation or play
thereof so as to permit or make practical the playing off or awarding
of a prize or reward where and when any charge is made by the person
conducting, operating or maintaining such game, or any consideration
is paid by any player for the right to play or participate in any
such game, and the dominating factor in determining the result of
such game is dependent upon the skill of the player or players and
not upon chance; provided, that in any case where the result of such
game may be dependent to some extent upon the judgment, intelligence
or adroitness of the player, but nevertheless the dominating factor
in determining the result of such game is chance, such a game shall
not be considered as a game of skill and science, but shall be considered
as a game of chance; but expressly not including any and all athletic
games not played upon a table, cabinet or mechanical device and furthermore
expressly excluding: billiards and pool games played upon billiard
and pool tables of standard size and dimensions, the games of chess,
checkers, all legal playing card games of skill and science, and athletic
sporting events;
means any mechanically operated amusement machine or device
contrived to simulate in miniature the running of a horse race or
any other race run by beasts, human beings or machines, or which is
contrived to put in motion any number of objects or symbols which
then do, or appear to, run or move against each other in the manner
of a miniature race, or which is designed to represent by symbols,
the running of any race and the order of the finish thereof;
means any table, cabinet or stand equipped for the playing
of a game whereby marbles or balls are, with the aid of a mechanical
plunger or other affixed device, propelled, released, shot or rolled
so as to drop or come to rest in holes, slots, cups or traps, resulting
in a score or tally being electrically or otherwise registered or
shown which score or tally depends upon the course followed or point
reached by the marble or ball or upon the contact points touched by
it along its course, or upon any combination of such factors;
means any table, cabinet or mechanism equipped for the playing
of any game whereby any marble, ball, pellet or other moving object
is propelled, released, rolled or shot along, over or above a surface
set with pins, pegs or other obstructions or irregularities which
deflect or impede the course of the moving object or which may divert
or direct it beyond the control of the player.
(Prior code § 4251)
No person shall place, install, keep, maintain, conduct, carry on or permit, suffer or allow the operation, maintenance, conduct or carrying on of any game of skill and science unless such person is the holder of a valid and unexpired permit then in full force and effect, issued under the provisions hereof; provided, however, that the provisions of this section and of Sections 5.20.040 through 5.20.140 shall not apply or be applied to games installed or operated by any charitable organization operating under a permit issued pursuant to Chapter 9.15 of this code, but only if said game or games are so operated by said charitable organization for an accumulative period of time of less than seventy-two hours in any calendar year.
(Prior code § 4253)
(a)
Contents
of all applications must be in writing, and shall be made by all parties
interested in such game, whether as lessor, lessee, owner, agent,
principal, concessionaire or otherwise: that is if an individual,
by the individual; if a partnership of any kind, by all of the members
of such partnership; if by an unincorporated association or a corporation,
by each and all of the officers thereof. Each application shall be
submitted to the city police department for investigation. Such application
shall contain information, as follows:
(1)
The name and residence of each and all persons required to sign any
application hereunder;
(2)
The place of business where such proposed game of skill and science
will be operated, maintained or conducted;
(3)
The name of the game;
(4)
A detailed description of all equipment, apparatus, material or devices
used in playing such game;
(5)
A detailed description of the method of playing or operations;
(6)
A statement that applicant, if granted a permit, will not permit,
suffer or allow the game proposed to be operated or maintained to
be played or operated in any mode other than as described in the application
or by the use of any other equipment, apparatus or device other than
as described and referred to in said application;
(7)
A statement of all persons, firms or corporations having any legal
or equitable interest in the ownership of said machine or in the profits
thereof;
(b)
No
application shall be accepted for filing unless the applicants, at
the time of offering such application for filing, pay to the city
license collector for the following sums:
(1)
For each applicant person who is an owner, lessor or other person
having an interest in such machine or the profits thereof, who does
not have a fixed place of business in the city, but who does business
in the placing, installation, maintenance or servicing of such machines—an
annual license fee of one hundred fifty dollars per year, prorated;
(2)
For each applicant person having a fixed place of business within
the city and owning, operating, leasing or otherwise locating such
machines within the city—an investigation fee of seventy-five
dollars, which investigation fee shall be nonrecurring expense; and
an annual license fee of seventy-five dollars per machine, prorated.
(Prior code § 4253.1; Ord. 1470 § 8, 1978)
There is established the games advisory committee, hereinafter referred to as G.A.C. which shall be composed of the city manager, the city attorney and the chief of police. Each application shall be submitted to G.A.C. for majority approval or denial. In reaching a decision, the committee shall be guided by the standards set forth in Section 5.20.070. The decision of the committee shall be considered as a recommendation only and final decision shall be made by the city council as hereinafter set forth; provided, however, that if no person files with the city council an objection to, or appeal of, the decision of G.A.C. within ten days after the decision thereof, then such decision of the G.A.C. shall be deemed final and conclusive upon all persons.
(1)
If
G.A.C. fails to arrive at a decision, within thirty days after the
application has been submitted, the application shall then be heard
by the city council as hereinafter set forth;
(2)
The
decision of G.A.C. shall be announced by written letter addressed
to the applicant and by publishing notice thereof one time in the
Monterey Park Progress;
(3)
No
permit approved by G.A.C. shall become effective until expiration
of appeal time or until final action by the city council;
(4)
If
the game proposed is the identical type of game previously authorized
by the G.A.C., then the application may be granted by the license
collector and no action by the G.A.C. shall be necessary thereon.
(Prior code § 4253.2)
Upon the appeal of objection to, or nonaction of, the G.A.C.,
the city council shall cause the application to be set for public
hearing not sooner than twelve, nor more than thirty days after the
filing of such application and shall forthwith cause a notice of the
fact that such application has been filed to be posted on the premises
where it is proposed to conduct, carry on or operate any such game
of skill or science and shall cause a copy of such notice so posted
to be published once in the Monterey Park Progress, a newspaper of
general circulation, printed and published in the city. The notice
shall be entitled "Notice of Hearing on Application for Permit to
Carry on Game of Skill and Science," which shall be printed in letters
of not less than one inch in height, such notice shall be substantially
in the following form:
Notice is hereby given that on the _____ day of __________,
20_____, at the hour of _____M in the hearing room of the City Council,
to wit: the Council Chamber in the Monterey Park City Hall, 320 West
Newmark Avenue, Monterey Park, California, the said Council will conduct
a hearing upon the application of (Name of Applicant), to conduct
at (Location named in application), in the City of Monterey Park,
a game briefly described as follows: __________ full detail of method
of play of same being set out in application heretofore filed with
said City Council and now open for public inspection at the office
of the City Clerk in the City Hall at Monterey Park, California. Any
person having objections to the granting of said permit may at any
time prior to the date above named, file with the City Council his
or her objection in writing giving his or her reason therefor, and
he may appear at the time and place of said hearing and be heard relative
thereto.
Any person interested, at any time after the filing of such
application and before the public hearing, may file written protests
against the granting of any such permit and the city council shall,
in considering the application, give consideration to all such protests
so filed.
(Prior code § 4253.3; Amended during 2005 recodification)
If, from the consideration of the application, such protests as may be on file and such other information as may be brought before the city council, the city council finds that the game proposed to be conducted is a game of skill and science and that such game is not prohibited by the provisions of Chapter 10, Title 9, Part 1, of the Penal Code of the state, or any other law of the state, or the provisions of Section 5.20.020 or any other ordinance of the city, and the city council further finds that applicant is of good moral character and repute, that the conducting, operating or maintaining of such game at the location described in the application will comport with the public welfare, and that said games may be so operated without causing or creating neighborhood nuisance problems of excessive noise, heavy traffic or gambling, then the city council may grant such application and issue a permit to conduct the same.
If the city council fails to so find, the application for permit
shall be denied; provided, that if in making its determination of
the questions as to whether the game proposed to be operated, conducted
or maintained is a game of skill and science or a game of chance,
the city council is of the opinion that although the result of such
game is dependent to some extent upon judgment, practice, intelligence
or adroitness on the part of participants in such game but nevertheless
the dominating factor in determining the result of such game is chance,
the city council shall find that the proposed game is a game of chance
and not a game of skill and science, and the application for permit
shall be denied.
(Prior code § 4253.4)
Any permit issued under the provisions hereof shall be issued
only to the person named in the application and shall not be assignable
or transferable either to another machine or another location; subject
to other provisions hereof, such permit shall be valid until revoked
or suspended and shall be issued upon and subject to the following
conditions:
(1)
That
permittee will not permit, suffer or allow the game authorized to
be played in any manner other than the manner described in detail
in the application;
(2)
That
no equipment, apparatus, device, material or contrivance of any kind
be used in the conduct of or playing of such game that is not described
or referred to in the application;
(3)
That
permittee shall not give or award any prize, award or gift to any
participant in any such game which is money, tokens, checks, warrants,
certificates, or chips exchangeable for money by permittee, his or
her agents or employees;
(4)
That
permittee will not and does not enter into any agreement, combine
or understanding with any person whatsoever to the effect that either
permittee, his or her agents or someone acting for and on behalf of
himself as contractor or otherwise, will buy any gift, prize or award
given or awarded to any participant in any game, or exchange any such
gift, prize or award for money;
(5)
That
the permittee will keep posted on such machine a decal issued by the
city indicating licensing of such machine;
(6)
That,
if there is any change of ownership in a proprietorship, a partnership
or more than fifty percent of a corporation; owning, managing or otherwise
responsible for the operation of such game, that a new permit shall
be required forthwith.
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Each of the conditions shall be incorporated in and made a part
of each permit issued hereunder.
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No person shall conduct, operate or maintain any such game,
or permit, suffer or allow the conducting, operation or maintenance
of any game in any manner or mode except in accordance with and in
strict conformance with each and all of the conditions set forth in
this section.
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(Prior code § 4253.5)
No person, firm or corporation shall be issued any permit hereunder
if, within one year next preceding the date of filing the application
for permit, any permit previously issued to applicant hereunder has
been revoked, as provided in this chapter.
(Prior code § 4253.6)
No permit shall be issued hereunder, and any permit issued hereunder
shall be revoked or suspended by the city council, if any of the following
conditions exist or occur:
(1)
That
applicant for permit or the holder of any permit, as the case may
be, has knowingly made any material misstatement in his or her application
for permit;
(3)
That
any condition then exists which would have been grounds for denial
of the application for permit;
(4)
That
it appears that the continued operation, maintenance or conducting
of any such game will not comport with the public welfare;
(5)
That
the permittee expressly permits the public or patrons to use said
licensed machine for gambling purposes;
(6)
That
the operation of said game has created a neighborhood nuisance of
excessive noise, heavy traffic or gambling.
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No permit shall be revoked for any cause until a public hearing
has been held thereon, and permittee has been given five days' notice
in writing of the time and place of such hearing.
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Such notice may be given by depositing same in the United States
mail in the city, postage prepaid, directed to the applicant at the
address stated in his or her application or by delivering the same
to permittee personally. Provided, that any permit may be suspended
by the chief of police pending the holding of a public hearing as
provided above, by the chief of police causing a written notice of
such temporary suspension to be delivered to permittee personally
or by depositing a copy of such notice of temporary suspension in
the United States mail in the city, with postage prepaid thereon,
directed to permittee at the address given in the application. A copy
of such notice, however served, shall be delivered to the city council
within twenty-four hours after the service of same. The action of
the chief of police in such a case shall be passed upon by the city
council at its next regular meeting at which time the city council
may continue the suspension in effect and order a public hearing thereon
or dissolve the order.
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(Prior code § 4253.7)
If the permittee or any agent, employee or servant of permittee
acting for and on behalf of such permittee in connection with the
operation, maintenance or conduct of any game is convicted in any
court of competent jurisdiction in the state, of having violated any
law of the state prohibiting or regulating gaming or of having violated
any ordinance of the city prohibiting gambling, all permits heretofore
issued to such permittee shall be revoked by the city council forthwith
upon the filing of a certified copy of final judgment of conviction
of the court with the city council without hearing or previous notice.
(Prior code § 4253.8)
No permit issued by the city council shall authorize the conduct
of any game which is prohibited by the state Penal Code or any other
law of the state or this code or any ordinance of the city and any
permit issued in violation of the provision thereof shall be void.
(Prior code § 4253.9)
When any person has been convicted of or pleaded guilty to any
violation of the provisions hereof, or of any law of the state, which
offense involved the operation, use, maintenance or possession of
any game or article prohibited hereby and declared to be a nuisance,
then such game or article shall be destroyed by the chief of police
after the plea or after the judgment of conviction has become final.
(Prior code § 4253.10)
All remedies prescribed by the provisions of this chapter shall
be cumulative.
(Prior code § 4253.11)
