Chapter 5.12


5.12.010    License – Required.

5.12.020    License – Application.

5.12.030    License – Fee.

5.12.040    Minors prohibited.

5.12.050    License – Revocation.

5.12.060    Zoning and planning commission approval required.

For statutory provisions authorizing cities to license every kind of lawful business carried on in the city, including games, see Government Code § 37101. See also Title 9, Division IV, Offenses against Public Decency.

5.12.010 License – Required.

It is unlawful for any person, firm, copartnership, association, club or corporation to engage in the business of maintaining and conducting lawful games played with cards, whether by maintaining or conducting such business alone or in connection with another business or businesses unless such person, firm, copartnership, association, club or corporation shall first have obtained from the city, a license so to do as provided for in this chapter. (Ord. 165 § 1, 1935).

5.12.020 License – Application.

Any person, firm, copartnership, association, club or corporation desiring to engage in the business of maintaining or conducting any game or games played with cards not prohibited by law, or by ordinance of this city, may file an application with the city clerk; the application shall be accompanied by a deposit of money equivalent to a license fee for one month. The application shall thereupon be presented to the city council, and if granted, the chief of police shall sign and issue a license to the applicant named therein for the period set forth in the license, subject to the conditions, provisions and requirements of HMC 5.12.010 through 5.12.050. (Ord. 165 § 2, 1935).

5.12.030 License – Fee.

For the license provided in this chapter the following fees shall be charged: $50.00 per month or part thereof, payable in advance; provided, that in the event more than three tables are used in the operation of the business, then an additional fee of $10.00 per month per table shall be paid. (Ord. 165 § 3, 1935).

5.12.040 Minors prohibited.

The business for which the license is granted shall be maintained and conducted in a lawful, peaceful and orderly manner and no person under the age of 21 years shall be permitted to engage in any game or games maintained or conducted by the business, nor shall such person be permitted to act as a bystander of such games, nor remain on the premises where the same are conducted. (Ord. 165 § 4, 1935).

5.12.050 License – Revocation.

The license provided in this chapter may be revoked by the city council for misrepresentation made in the application, for violation of laws or ordinances governing gambling, for loud, boisterous or disorderly conduct or breach of the peace, and for failure to observe or comply with any lawful requirement, respecting public health or sanitation, housing, zoning or other requirements lawfully imposed by general law or by city ordinances or for permitting minors to engage in the games conducted in the maintenance of the business. (Ord. 165 § 5, 1935).

5.12.060 Zoning and planning commission approval required.

No license or permit shall be issued for the building, opening or establishing of the business of any billiard and/or pool room, hall, and/or parlor, and/or any establishment where cards and/or games are permitted to be played, where a charge is made, either directly and/or indirectly, for the use of tables and/or other paraphernalia used in connection with the playing of the games in the city unless the application for the license in the particular location has been first submitted to the zoning and planning commission of the city for its approval, and is thereafter approved by the city council. It is not the intention of this section to affect any business herein mentioned which is now licensed and operating. (Ord. 174 § 1, 1936).