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Ordinance - 1307ORDINANCE NO. 1307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADDING PART 4 TO CHAPTER 3 OF ARTICLE VI OF, AND REPEALING SECTIONS 4117, 4118, 4119, AND 4119.1 OF THE WEST COVINA MUNICIPAL CODE, RELATING TO THE REGULATION-,. OF GAMES OF SKILL AND SCIENCE. The City Council of the City of West Covina does ordain as follows: SECTION 1. Part 4 is hereby added to Chapter 3 of Article VI of the West Covina Municipal Code to read: PART 4 - GAMES OF SKILL AND SCIENCE "6360. DEFINITION. For the purpose of this part the term "game of skill and science" shall -mean any game participated in by one or more players where or 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 ski I I of the player or players and not upon chance. " "6361. PERMIT REQUIRED. No person shall keep/maintain or possess in his place of business one or more games of skill and science or allow the operation, maintenance, conduct • or carrying on of any game of skill and science without having first obtained a permit therefor as herein provided. If the applicant desires a permit for the purpose of operating, maintaining or conducting games of skill and science as a business in an appropriate commerical zone and not as an accessory use to the main use of the premises for an established business, no permit shall be issued pursuant to this part until the applicant has been issued an unclassified use permit for a recreational center (private) pursuant to the provisions of Part 16 of Chapter 2 of Article IX of this code. A use shall not be deemed to be accessory to the operation of an established business within the meaning of this section if the applicant seeks a permit for more than three games of skill and science." "6362. APPLICATION FOR PERMIT. (a) Filing. The holder of an unclassified use permit for a recreational center (private) or the holder of any other business license issued by the City who desires to keep, maintain or possess in his place of business one or more games of skill and science shall file an application for a permit with the City license collector. (c) Signature and Verification. Such application shall be filed in the name of the person or business entity holding the unclassified use permit or business license for the premises and shall be signed and verified by an individual applicant, by a partner if a partnership, and by a corporate officer if a corporation. (c) Contents. Such application shall be made upon a form therefor prescribed by the city license collector and shall contain the following information: 1. The name and residence of each and all persons required to sign any application • hereunder; 2. The place of business where any such proposed game of skill and science will be operated, maintained or conducted, and the number of the current business license issued for that place of business; and 3. The number of such games to be maintained on the premises." "6363. EXPIRATION -- RENEWALS. Each permit and each renewal permit shall expire on December 31st next following the date of its issuance. Each such permit may be renewed by making application for renewal and paying the required fee within the time specified for the renewal of business licenses.," "6364. GENERALLY. Each application required by the preceding sections shall be accompanied by a nonrefundable annual permit fee �of thirty dollars for each • game of skill and science listed thereon. If the applicant applies for a permit for new or additional games of skill and science during any year, the permit fee shall be due and payable immediately, and the amount of thefee shall be determined by prorating the annual permit fee on the basis of the number of quarters remaining in the calendar year and including the quarter in which the application is filed" "6365. PENALTIES. Whenever any permit fee required by this part is not paid within thirty days after January 1 or the date of the installation of the games of skill and science, whichever is later, a penalty shall be due and is hereby imposed equal to 100% of the amount of the permit fee." "6366. PERMITS NOT TRANSFERABLE. Permits issued pursuant to this part shall not be assigned or transferred except as provided for and upon the payment of the transfer fee fixed in Section 6205:" "6366.5. DUPLICATE PERMITS . A duplicate permit may be issued by the city license collector to replace any permit previously issued under the provision of this part which has • been lost or destroyed, upon the permittee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the city license collector a duplicate permit fee of one dollar." "6366.6, POSTING PERMIT AT PREMISES. The permittee shall keep the permit issued under the provisions of this part posted in a conspicuous place upon the premises for which such permit was issued." -2- "6366.7. EXAMINATION OF PLACES OF BUSINESS. The city license collector in the exercise of the duties imposed upon him, and acting through his deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the city to ascertain whether the provisions of this part have been complied with." • "6366.8. GRANTING PERMIT TO CHURCHES, SCHOOLS. The City Council hereby reserves the right to grant a permit to any church, school, lodge, religious, charitable or eleemosynary institution or organization, without the payment of a permit fee as otherwise provided for in this part, for a period of not to exceed fifteen days." "6366.9. REVOCATION OF PERMIT FOR CONVICTION OF CRIME. If the holder of a permit for the operation of a game of ski I I and science, or any agent, employee or servant of the permittee acting for and on behalf of such permittee in connection with the operation, maintenance or conduct of any such game, is convicted in any court of competent jurisdiction in the state, of having violated any law of the state of California or of this code prohibiting or regulating gambling, all permits heretofore issued to such permittee shall be revoked by the city license collector forthwith without hearing or previous notice, upon the filing of a certified copy of final judgment of conviction of the court in the office of the city license collector. Upon the revocation of the permit all games of skill and science shall be immediately removed from the premises. " • "6367. PERMIT NOT TO AUTHORIZE UNLAWFUL GAMES. No permit issued by the city license collector shall authorize the conduct of any game which is prohibited by any law of the state of California or this code, and any such permit issued in violation thereof shall be void." "6368. EXEMPTIONS. (a) The provisions of this part shall not apply to the keeping, possessing or exhibiting of any such game of skill and science at or in any mercantile store in which such games of skill and science are kept solely for sale and which games of skill and science members of the public are not permitted or allowed to operate, manipulate or play except as incident to a demonstration for the purpose of sale. (b) The provisions of this part shall not apply to any coin - operated pool or billiard table located within any licensed poolroom or bi ll,iard room." "6369. ENFORCEMENT OF PART. It shall be the duty of the city license collector to enforce each and all of the provisions of this part and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the city license collector or the City Council." -3- i 49 SECTION 2. Sections 4117, 4118, 4119, and 4119.1 of this Code are repealed. SECTION 3. This ordinance shall be applicable to the licensing of games of skill and science for the last quarter of the calendar year 1976 and shall continue in effect until amended or repealed by the City Council. SECTION 4. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published.as required by law. Attest: - Passed and approved this 26th day of July 1976.. Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF WEST COVINA ) I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1307 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of July , 1976. That thereafter said ordinance was duly adopted and passed at a regular meeting of the City Council on the 26th day of July , 19761 by the following vote, to wit: AYES: Councilmen: Miller, Chappell, Shearer, Tice, Browne NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: City Clerk i ty Attornet -4-