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HomeMy WebLinkAboutORD NO 178SECTION 1. SECTION 2. SECTION SECTION 4. ORDINANCE NO./7~ NEW SERIES. AN ORDINANCE REGULATING THETM PLAYING'.' OF' CARDS AND ROLLING OF DICE WITHIN THE CITY OF BAKERSFIELD, REQUIRING A 'PERMIT THEREFOR, MAKING. THE V~OLA- TION THEREOF A MISDEMEANOR AND.PRO~ VIDING A PENALTY THERENOR, AND RE- PEALING ORDINANCE NO. 145. NEW SERIES AND ALL.OTHER ORDINANCES AND PARTS OF ORDI·NANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE C CUNCIL(FTHE CITY OF B~ERSFiELD, as.follows: That for the purpose of this ordinance the term "PUBLIC PLACE" shall be held tO mean and include any place or premises except a bona fide private dwelling or an apartment house; suite or room which is used in good faith as a residence of one or more persons in an apartment house, lodging house, hotel or -other institution of similar character. it'shall be unlawful for any person to .Conduct, carry on, open or cause to be'opened or conducted either as owner, lessee, agent or employee, or otherwise any game as defined herein, at or in any public place as defined herein in the City of Bakers- field ~ithout first applying for and receiving from the Oity Manager of the City of Bakersfield a permit to so do. That for the purpose of this ordinance the term "GAME" shall be held to mean and include the. dealing or playing of cards, or the rolling, shaking or pla~in~ of dice Application for such· permit must be made on forms to ~e furnished by. the C~ty..~anager of the ~a~d.' c~ty, and which con~!~ tains the. following: (a) The particular place includdng the street 'number of sa'id SECTION·5. SECTION 6. '(b) The name of the owner .or owners, or lessee' or ~'~~ where the ~e is to be carried on at said loCation;.~ and.if an-y~. person other than the persons 'above n~ed' have charge of, Oonduct."'~:.?..~.' ~r~.~:'~'' ""br manage said g~es, the n~e of said ·person. who~L...'~hall conduct or manage s~e., and the extent of his authority, '~" (c) Said application must further' state that if a pemit · be granted thereon tha~ said eStablishement, place,.-~oom or pre- mises~ shall 'be opened for inspection a~ all times-"~e Chief of Police'or ~y re~larly..appointed police officerL.'~'~d 'C.i.~y at .an~ time, and that' ~1 l'aws'of the State of California and ordinances of the City of Bakersfield re~ating thereto complied with. shall...~e .. Upon receiving such application the City Manager shall refe~ the same' to the Chief of Police for investigation as · to the moral char$gter of the applicant and'whether the proposed location is a suitable and proper place ~or-~.conducting the said game, who shall report thereon,'within such time'as is practicable.. The said ·City·Manager shall there~pon,'~at h~P di~scretion, ·grant or refuse.said permit.. The permit provided for in thi~ 6rdinance shall' be granted and accepted with the express understanding and agreement that the Council of the City of Bakersfield may revoke the same at any time if any of the terms. or conditions of same have been violated, or if the same was obtained by fraudulent representations, 'or it.is shown to the satiSfaCtion'of the C~uncil that said game, "or said establishment, place or room is conducted in an unlawful. manner, or that sa~.e .is detr. imental to the soCial-.~.peaoe or public ' ...~ -"~ ~ .~?~"~r~,Z:~' ...-~ ......... . ....... " .~. '.~ ~ .~.. v~'~.. T~.~;~j--~ ~7 ~ ~ ~:~-~ .' ::". '. '=.":='.~:....= ~...',~ ~. ~.'-~.~=~ ~ ...~:.~ ...= -?'~ .' '-. -.:~.~ '...-'~.-."~'. said premit may appear before the Council in his ow~ b~half,~ .~bUt ..... ~, ..:.~.... ..' . "~", ..~-~-. ~. ! of. O.f ........ of what is detrimental to the social peace or public m0ral'~.~..~i~"~ the decision of said Council thereof shall be conclusive. SECTION 7. ..~. Each permit shall be.granted and accepted upon the further understanding and agreement that all the terms, provisions and regulations contained in this ordinance, as the sanme now is .... or may hereafter be 'amended, shall be fully'complied with.~'h3~~ All .permits granted hereunder shall b~Igoe~ until revoked or surrendered;'the Same shall not be assignable, but upon the sale or transfer of said business .t'he Oity ~anager may, ~on application therefor, issue a new-/permit to the pur- chaser of said business upon the same terms and conditions that the original permit was issued. SECTION 9. If any section, subsection, sentence, clause phrase.of this Ordinance is held to be unconstitution or invalid, such. decision shall not affect the remaining portion of this Ordi- nance. The City Council hereby declares that it would have passed ~his Ordinance, ~nd each section and subsection hereof, irrespective of the fact that any one or ~.ore of the sections, subsections, sentences, sclauses or phrases be declared unconstitutional and invalid., SECTION 10, SECTIO~. Any person, firm or corporation .violating any of the provisions 'of this ordinance, or failing to comply with .any of the terms or reEulations contained herein, shall. be guilty of a misdemeanor and upon .conviction thereof shall be punishable by a · fine not exceeding three hundred dollars ($~O0.00) or by .imprisonment in the County Jail of Kern County for a period not e~:di~n.g ninety (90) days or by both" .4Uch f'ine".~nd ff~-p~'iS'O'rm~n,~-~....~..,..~.~-.~ .~ .-~... ... '. ." .L~..-.'.. ~:.~.~'-.. '~ ~.......-'~.. ....--.~.....'-!.~ ' ... . . ._ .." --.=. expressly repealed. . ' ~". I HEREBY CERTIFy· that the foregoing Ordinance · : .... .= . was passed and .adopted by the Council of the City.· of Bakersfield, on the day of. , 19'23, by the fol-lo.wing vote: Ayes-Austin Bast, C~zlisle, Carleck, Cri,~th, Haber~eldeo APPROVED this~/~ day , . 1923. the Nayor of . . . Cit icio. Clerk of . the COuncil of the City of Bakers- fie ld. :' ~: '... 'U "~.