5483I
ORDINANCE NO. 5483
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 7.20.010, 7.20.020, 7.20.030 AND
SECTION 7.20.040, AND REPEALING SECTIONS
7.20.090, 7.20.100, 7.20.110 AND 7.20.120, OF
CHAPTER 7.20 OF TITLE 7, AND AMENDING SECTION
4.14.040 OF, AND ADDING NEW SECTION 4.14.100
TO, CHAPTER 4.14 OF TITLE 4, OF THE ANAHEIM
MUNICIPAL CODE RELATING TO GAMBLING AND
AMUSEMENT DEVICES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Sections 7.20.010, 7.20.020, 7.20.030 and 7.20.040
of Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and
the same are hereby, amended in their entirety to read as
follows:
"SECTION 7.20.010 ILLEGAL CARD AND DICE GAMES.
Every person who, within the City of Anaheim, plays,
deals, opens, conducts, carries on, or otherwise
participates in any game which is played dealt, conducted or
carried on, with cards or dice for money, checks, credit,
merchandise or other representative or articles of value,
and every person who plays or bets with or against any of
said prohibited games, is guilty of a misdemeanor; provided,
however, this section shall not prohibit or apply to any
game expressly prohibited by state law or to any game
expressly authorized by state law and which game the City of
Anaheim is not otherwise authorized to prohibit. It is the
intent of this section to prohibit the playing of all card
and dice games for money, checks, credit, merchandise or
other representative or articles of value within the City
which games are within the power of the City of Anaheim to
prohibit.
"SECTION 7.20.020 OTHER ILLEGAL GAMES OF CHANCE OR SKILL.
In addition to the card and dice games prohibited by
Section 7.20.010 of this Code, and except as provided in
Section 7.20.030 of this Code, every person who, within the
City of Anaheim, plays, opens, conducts, carries on, or
otherwise participates in any game upon the result of which
money or other representative or article of value is staked,
risked or hazarded and, as a result of which game, money,
checks, credit, merchandise or other representative or
articles of value, or tokens redeemable in or exchangeable
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for money or any other thing of value, is won or lost,
regardless of whether chance or skill is the determining
factor, or is any determining factor, in the result of such
game, is guilty of a misdemeanor; provided, however, this
section shall not prohibit or apply to any game expressly
prohibited by state law or to any game expressly authorized
by state law and which game the City of Anaheim is not
otherwise authorized to prohibit. It is the intent of this
section to prohibit the playing of all games of chance or
skill for money, checks, credit, merchandise or other
representative or articles of value within the City which
games are within the power of the City of Anaheim to
prohibit except as authorized pursuant to Section 7.20.030
of this Code.
"SECTION 7.20.030 REDEMPTION GAMES PERMITTED.
.010 The term "Redemption Game" as used in this
section shall mean and refer to any game of skill (other
than games prohibited pursuant to Section 7.20.010 of this
Code) including arcade games, and those games of the type
traditionally found at a carnival or fair, upon the result
of which game money or other thing of value is staked,
risked or hazarded and as a result of which game a prize,
merchandise or other thing of value (other than money), or
tokens redeemable for prizes, merchandise or other things of
value (other than money) is won or lost, and the result of
which game is not dependent upon chance as any determining
factor.
.020 Section 7.20.020 of this Code shall not
prohibit or otherwise apply to any Redemption Game for which
a Redemption Game Permit and, if applicable as hereinafter
provided, a Redemption Game Arcade Permit has been issued by
the City of Anaheim and which Permit(s) is (are) then
currently in full force and effect.
.030 The term "Amusement Device" as used in
Chapter 4.14 of this Code shall be deemed to include the
term "Redemption Game" as defined in subsection .010 of this
section notwithstanding any other provision of Chapter 4.14
to the contrary.
.040 Redemption Game Permits and Redemption Game
Arcade Permits shall be processed, approved, denied and
revoked to the same extent and in the same manner as set
forth in Chapter 4.14 of this Code for the processing,
approval, denial and revocation of Amusement Device Permits
and/or Amusement Device Arcade Permits, respectively, except
as follows:
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.0401 The provisions of subsection .080 of
Section 4.14.030 of this Code shall not apply to such
Permits.
.0402 A separate application shall be filed
for each such Redemption Game and each such application
shall contain the following information in addition to the
information required by Section 4.14.030 of this Code:
.01 A statement that chance is not a
determining factor in the result of such game nor in the
award of any prize, merchandise, tokens, or other thing or
representative of value based upon the result of such game.
The Chief of Police or his designated representative may
require additional information or evidence to establish the
validity of such statement as part of the application
process.
.02 A statement of the rules of such game
including the manner in which the result of such game and
the award of any prize, merchandise, tokens, or other thing
or representative of value is determined.
.03 A statement of the minimum amount of
money or other thing or representative of value necessary to
be risked by the player or participant in such game which
minimum amount shall not exceed One Dollar ($1.00).
.04 A statement that neither money nor
tokens or other representative of value redeemable for money
shall be awarded as prizes in such game.
.050 This section shall not authorize or apply to
any game expressly prohibited by state law, or to any game
_ expressly permitted by state law and which game the City of
Anaheim is not otherwise authorized to permit or control by
local regulation.
117.20.040 CONDUCT OF ILLEGAL GAMES; CONTROL OF PREMISES
OF ILLEGAL GAMES.
.010 Every person who causes, either directly or
indirectly, any game prohibited by any provision of either
Section 7.20.010 or 7.20.020 of this Code to be played,
dealt, opened, carried on, or conducted, or who conducts or
participates in the conduct of any such prohibited game,
whether as owner, employee or unpaid volunteer, shall be
guilty of a misdemeanor.
.020 Every person, firm, corporation or
association who, for profit, or for anything of value, or
for commercial purposes of any nature, keeps, operates,
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conducts or maintains, either directly or indirectly, within
the City of Anaheim, any house, room, apartment, dwelling
place, building, premises or other place where any game
prohibited by any provision of either Section 7.20.010 or
7.20.020 of this Code is played, conducted, dealt or carried
on, shall be guilty of a misdemeanor.
.030 Every person, firm, corporation or
association, who, either as owner, lessor, lessee,
principal, agent, employee, participant or otherwise,
maintains, keeps, operates or conducts, either directly or
indirectly and in whole or in part, or who directly or
indirectly is in possession of any house, room, apartment,
dwelling place, building, premises, or other place upon or
in which any games prohibited by any provision of either
Section 7.20.010 or 7.20.020 of this Code are played, dealt,
conducted or carried on, and who imposes or collects a fee
or anything of value for the privilege of participating in
any way whatsoever in any such game or as an admission fee
to any place where any such game is played or conducted, or
who directly or indirectly gains or receives anything of
value or any financial profit from the playing, dealing,
conducting or carrying on of any such game shall, for the
purposes of this section, be deemed to be keeping,
conducting, operating and maintaining the same for profit or
commercial purposes."
SECTION 2.
That Sections 7.20.090, 7.20.100, 7.20.110 and 7.20.120
of Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and
the same are hereby, repealed.
SECTION 3.
That Section 4.14.040 of Chapter 4.14 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"4.14.040 APPLICATION - INVESTIGATION - APPROVAL BY
CHIEF OF POLICE.
Such application shall be referred to the Chief of
Police by the License Collector for the purpose of
investigation and the Chief of Police, or his designated
representative, shall have 30 days to investigate and act
upon said application. Said permit shall be approved, in
writing, unless it is found and determined that either (1)
said application fails to conform to the requirements of
this Code, or (2) approval of said permit would be contrary
to the public peace, health, safety, morals or general
welfare, in which event said permit shall be denied.
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Conditions may be imposed upon the approval of said permit
to assure that the game or premises in which the game is
conducted will not be operated in a manner contrary to the
public peace, health, safety, morals or general welfare.
Any interested person may appeal the decision of the Chief
of Police, or his designated representative, to the City
Council by filing a written notice of appeal with the City
Clerk within ten days from the date of said decision. The
City Council shall consider such appeal at a hearing held
not later than twenty days following the date of any such
timely appeal. The decision of the City Council shall be
final."
SECTION 4.
That new Section 4.14.100 be, and the same is hereby,
added to Chapter 4.14 of Title 4 of the Anaheim Municipal Code to
read as follows:
"SECTION 4.14.100 REVOCATION OF PERMIT.
.010 Subject to the notice and hearing procedures
hereinafter set forth in this section, any permit issued
pursuant to the provisions of this chapter may be revoked by
the Chief of Police, or his designee, for any of the
following reasons:
.0101 The permittee has misrepresented any
material fact in the permit application or has not
truthfully answered any question in the application;
.0102 The permittee has failed to comply with
one or more of the required conditions of approval imposed
upon the permit and has failed to cure such noncompliance
after receiving reasonable notice thereof;
.0103 The amusement device, or the premises
upon the amusement device is located, is being operated in
violation of any applicable provision of this Code, or in a
manner detrimental to the public peace, health, safety or
general welfare.
.020 In the event the Chief of Police proposes to
revoke a permit, written notice of the time, date and
location of a hearing by the Chief of Police on the proposed
revocation, including the specific grounds for the proposed
revocation, shall be personally delivered or sent by
certified mail to the permittee at least ten days prior to
the date of the hearing. Written notice of the decision of
the Chief of Police shall be given to the applicant within
five days following the hearing by personal delivery or by
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deposit in the course of transmission with the U.S. Postal
Service, certified mail, postage prepaid.
.030 The decision of the Chief of Police shall be
subject to appeal to the City Council within the same time
and manner as provided in Section 4.14.040 of this Code.
The decision of the City Council shall be final. Upon
revocation of said permit, any license fees shall be
forfeited to the City. In the event a permit is revoked
pursuant to this section, another permit for an amusement
device shall not be granted to the permittee within twelve
months after the date of such revocation."
SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 6. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 7. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
C.1
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 14th day of
March , 1995.
ATTEST;
CITY CLERK OF THE CITY OF ANAHEIM
7905.1\JWHITE\February 17, 1995 7
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5483 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th
day of March, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 14th day of March, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Feldhaus
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: Zemel, Daly
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5483 on the
14th day of March, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 14th day of March, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5483 and was published once in the North Orange County News on the 23rd day of
March, 1995.
CITY CLERK OF THE CITY OF ANAHEIM