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HomeMy WebLinkAboutResolution No. 43000 1 RESOLUTION NO. 4300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUBMITTING TO THE VOTERS A PROPOSITION FOR THE ENACTMENT OF AN ORDINANCE PROHIBITING THE POSSESSION OF CERTAIN COIN GAMES AND SIMILAR MACHINES AND DEVICES. The City Council of the City of Azusa does resolve as follows: SECTION 1. That at the regular municipal election to be held in the City of Azusa on April 10, 1962 there shall be submitted to the voters a proposition for the enactment of the following ordinance prohibiting the possession of certain coin games and similar machines and devices: "AN ORDINANCE OF THE CITY OF AZUSA ADDING TO THE AZUSA MUNICIPAL CODE CERTAIN PROVISIONS RELATING TO THE POSSESSION OF CERTAIN COIN GAMES AND SIMILAR MACHINES AND DEVICES. The People of the City of Azusa do ordain as follows: SECTION 1. The Azusa Municipal Code is hereby amended by the addition thereto of four new Sections, numbered 4205 through 4208, reading respectively as follows: 'SECTION 4205. GAMES AND SIMILAR CONTRIVANCES. DEFINITIONS. For the purposes of this Part, the following terms are defined as hereinafter set forth: (a) PIN GAME. 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. (b) MARBLE GAME. 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 other- wise 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. (c) GAMES SIMILAR TO A MARBLE GAME. 'Bailey -Alley, and any other miniature mechanical bowling game device, by whatever name called; any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any 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 hand 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, and which game is so contrived that, at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the paying off or awarding of a prize or reward upon the operation or play of the game. -1- 0 0 (d) CLAW, HOOK OR GRAB MACHINE. 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 minature of power -shovel, clam -shell, dragline or similar exca- vating tool or machine. (e) HORSE RACING MACHINE. Any mechanically operated amuse- ment machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans 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 repre- sent, by symbols, the running of any race and the order of the finish thereof. SECTION 4206. SAME. COIN OPERATED. PROHIBITED. No person shall keep, maintain or possess in any place of business or in any place of public resort or any other place: (a) Any pin game, any marble game or any game similar to a marble game, any claw, hook or grab machine, or any horse race machine, the operation of which game or machine is controlled, per- mitted or made available by placing therein a coin, plug, disk, key or token, or which is let for use, operation or play upon the pay- ment or delivery of anything of value therefor, or upon the making of any purchase. (b) Any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted or made available by placing therein any coin, plug, disk, key, or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor, or upon the making'of any purchase. SECTION 4207. SAME. EXCEPTIONS. The provisions of Section 4206 shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance or device at or in any mercantile store in which such mechanical con- trivances or devices are kept solely for sale and which mechanical contrivances or devices 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. SECTION 4208. UNLAWFUL POSSESSION OF MACHINES DECLARED TO BE A NUISANCE. Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or maintained in violation of the provisions of: �a Section 330a of the Penal Code of the State; or b) Any Section enumerated in Part I, Title 9, Chapter 9 of the Penal Code of the State; or (c) Section 4206, is hereby declared to be a nuisance and shall be destroyed in the manner provided for in Section 335a of the Penal Code.0" SECTION 2. That the enactment of said ordinance be submitted to the voters in the form of a proposition printed on the ballot as follows: "Shall the ordinance prohibiting the possession of certain coin games and similar machines and devices be adopted? % and 1£ it -2- 0 • appears that a majority of the votes cast thereon at such election are in favor of said proposition, the said ordinance shall become a valid and binding ordinance of the City. SECTION 3. The City Clerk is hereby directed to cause said proposition to be placed upon the ballot at said election and to comply with the provisions of Section 4020 of the Elections Code of the State of California. SECTION 4. The City Clerk shall certify to the adoption of this resolution. Adopted and approved this 19th day of February , 1962. /ayr I hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19th day of February, 1962, by the following vote of the Council: AYES: Councilmen: Paul, McLees, Johnson, Teasley, Ortuno NOES: Councilmen: None ABSENT: Councilmen: None -3-