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1 ORDINANCE NO.r-3'(17c)
2 ORDINANCE OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE
REGULATION OF THE BUSINESS OF RENTING, LEASING, SELLING, MAIN-
3 TAINING, USING, OR OFFERING FOR USE OF COIN OPERATED GAME MACHINE
IN SAID CITY; AND REPEALING ORDINANCE NO. 2120.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION 1. Coin Operated Game Machines.
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1. Definitions. For the purpose of this section the
8 following terms are hereby defined as follows:
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"Person". A person is any natural person, firm, partner-
10 ship, corporation or association. The singular use includes the
11 plural.
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"Coin operated game machine". A coin operated game machin
is any machine, device or apparatus which is used as a game or
contest of any description or for amusement, or which may be used
for any such game or contest or for amusement and the operation
or use of which is permitted, controlled, or made possible by the
deposit or placing of any coin, plate, disc, slug, or key into
any slot, crevice or other opening, or by the payment of any fee
or fees in lieu thereof, except a machine, device or apparatus
used or offered for use, by children for rides or as a hobby
horse, or by any person for playing or rendering music or as a
test of strength or endurance.
2. Prohibitions. It shall be unlawful for any person to
engage in the business of renting, leasing, selling or maintain-
ing coin operated game machines in the City of San Bernardino
without first having secured a permit from said City so to do.
Such permittee is hereinafter referred to as "game machine
operator" .
1 3. Operator's Permit, Application For. An applicant for
2 a game machine operator's permit shall submit an application to
3 the City Clerk of the City of San Bernardino which application
4 shall be under penalty of perjury upon a form supplied by such
5 City Clerk and shall include the true names, fingerprints and
6 past criminal record, if any, of all persons financially inter-
7 ested in the applicant's business, and such other information as
8 may be deemed necessary by said City Clerk to determine whether
9 such game machine operator's permit shall be granted. An appli-
10 cant shall pay a fee of $100.00 to cover the costs of the in-
11 vestigation required by section 4 and $25.00 each year there-
12 after for the annual renewal of such permit.
13 The term "persons financially interested" shall include
14 all persons who are officers or directors of a corporation or
15 shareholders holding more than three percent (3%) of the shares
16 thereof or persons who share in the profits of a non-corporate
17 business on the basis of gross or net revenue but it shall not
18 include persons who receive a portion of such gross or net
19 revenue in return for the privilege of permitting any other
20 person to maintain any such coin operated game machine in their
21 place of business.
22 4. Investigation. The City Clerk shall refer said appli-
23 cation to the Chief of Police of said City who shall carefully
24 investigate the facts and circumstances concerning the applica-
25 tion submitted to him pursuant to section 3 hereof and shall
26 endorse on such application, in writing, his recommendations as
27 to whether such game machine operator's permit should be granted
28 to the applicant. Such application together with such recommen~
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dation shall be submitted to the City Council. said City Council
may deny an applicant a game machine operator's permit if good
cause appears why such person should not be engaged in such
business. For the purpose of determining the existence of such
good cause, the City Council may cause a further investigation to
be made and may continue the matter until its next meeting. In
the event that good cause does not appear to said City Council
why such person should not be engaged in such business the City
Clerk shall issue such game machine operator's permit to such
applicant upon payment of the permit fee required by section 3.
5. Game Machine Tag. upon the issuance of any game
machine operator's permit, the applicant therefor shall notify
the City Clerk in writing of the location of each coin operated
game machine, and in the event of any change in such location,
said permittee shall notify the City Clerk of the change within
ten (10) days of the location change. At the time of issuing a
business license for any coin operated game machine, the City
Clerk shall issue a tag or plate for each machine and such tag or
plate shall be given serial numbers consecutively in the order of
their issuance. said tag or plate shall be of wear resistant
materials and it shall not be transferred or affixed to a differ-
ent coin operated game machine than that for which it is issued,
except by written approval of the City Clerk.
6. Display of Tag or Plate. Every coin operated game
machine regulated under the terms of this ordinance shall at all
times have affixed thereto in a conspicuous place thereon the tag
or plate issued hereunder.
7. Transfers. No game machine operator's permit issued
pursuant to this ordinance shall be assignable or transferable
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either voluntarily or by operation of law or otherwise.
8. Revocation. The City Council shall have the power,
for good cause shown, to revoke or suspend any game machine
operator's permit issued hereunder. Good cause shall consist of
anything deleterious to the public health, welfare or morals.
9 . Other Bus ines s. The permi t required under the terms
of this ordinance shall be in addition and supplemental to any
business license or any permit required by any ordinance of the
City of San Bernardino.
10. Prohibited Devices. Nothing in this Drdinance shall
be construed to permit the licensing, maintenance or operation
of any coin operated game machine which is forbidden by any
State or local law or regulation or to permit the operation of
any coin operated game machine in such a manner as to constitute
. gambling or otherwise be contrary to any such State law or
regulation.
SECTION 2. Ordinance No. 2120 of the City of San Bernar-
dino is hereby repealed.
SECTION 3. This ordinance is an urgency and emergency
measure and shall become operative and take effect on January 1,
1975. The facts and circumstances constituting the emergency
are as follows:
The California Supreme Court has affirmed a decision which
invalidates local laws such as Ordinance No. 2120 which prohibit
so called pinball machines and like devices. It is urgently
necessary that local regulatory provisions of law be adopted
to provide procedures for the orderly issuance of permits sub-
ject to reasonable standards and regulations for all coin
operated game machines. It is important that this ordinance
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1
authorizing the new business of the leasing and maintaining of
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pinball machines take effect at the commencement of the annual
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business license period.
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and co~on c~uncil of the City of San
Bernardino at a ft ;!I//~/ ~ / meeting there-
of, held on the /?dtday of lhet:''''7 I,-i-~ / , 1974, by the
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following vote,
AYES:
NAYS:
ABSENT:
to wit: /.
Couns:ilmen / 11z' i/L .t...<<..t- /( ,-:-/{/(/,fij,;.
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hereby approved this
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of
Th~ foregoing ordinance is
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/ }///!.n.//L/1- / , 1974.
Approv,d as to form:
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