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 "~.