Alhambra Municipal Code Ch. 5.38 Games of Skill and Science

For the purpose of this chapter the term GAME OF SKILL AND SCIENCE shall mean any game participated in by one or more players for any prize, gift or award of anything of value where or when any charge is made by the person conducting, operating or maintaining such game, or any consideration is paid by player for the right to play or participate in any such game, and the dominating factor in determining the result of such game is dependent upon the skill of the player or players and not upon chance.

('86 Code, § 5.38.010) (Ord. 3637, passed - - )

(A) No person shall keep, maintain or possess in his or her place of business one or more games of skill and science or allow the operation, maintenance, conduct or carrying on of any game of skill and science without having first obtained a permit therefor as herein provided.

(B) If the applicant desires a permit for the purpose of operating, maintaining or conducting games of skill and science as a business in an appropriate commercial zone and not as an accessory use to the main use of the premises for an established business, no permit shall be issued pursuant to this chapter until the applicant has been issued a conditional use permit for an amusement center pursuant to the provisions of Chapter 23.90 of this code. A use shall not be deemed to be accessory to the operation of an established business within the meaning of this section if the applicant seeks a permit for more than four games of skill and science.

('86 Code, § 5.38.020) (Ord. 3637, passed - - ) Penalty, see § 5.38.060

(A) Filing. The holder of a conditional use permit for an amusement center or the holder of any other business license issued by the city who desires to keep, maintain or possess in his or her place of business one or more games of skill and science shall file an application for a permit with the City Tax and License Collector.

(B) Signature and verification. Such application shall be filed in the name of the person or business entity holding the conditional use permit or business license for the premises and shall be signed and verified by an individual applicant, by a partner if a partnership, and by a corporate officer if a corporation.

(C) Contents. Such application shall be made upon a form therefor prescribed by the City Tax and License Collector and shall contain the following information:

(1) The name and residence of each and all persons required to sign any application hereunder;

(2) The place of business where any such proposed game of skill and science will be operated, maintained or conducted, and the number of the current business license issued for that place of business, and

(3) The number of such games to be main-tained on the premises.

('86 Code, § 5.38.030) (Ord. 3637, passed - - )

Each permit and each renewal permit shall expire on December 31 next following the date of its issuance. Each such permit may be renewed by making application for renewal and paying the required fee within the time specified for the renewal of business licenses in Chapter 5.04 of this title.

('86 Code, § 5.38.040) (Ord. 3637, passed - - )

Each application required by the preceding sections shall be accompanied by a nonrefundable annual permit fee in an amount established by City Council resolution for each game of skill and science listed thereon. If the applicant applies for a permit for new or additional games of skill and science during any year, the permit fee shall be due and payable immediately.

('86 Code, § 5.38.050) (Ord. 3637, passed - - ; Am. Ord. 3962, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

Whenever any permit fee required by this chapter is not paid prior to the delinquency date, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in 5.04.191 of this title.

('86 Code, § 5.38.060) (Ord. 3637, passed - - )

Permits issued pursuant to this chapter shall not be assigned or transferred except as provided for and upon the payment of the transfer fee fixed in § 5.04.130 of this title.

('86 Code, § 5.38.070) (Ord. 3637, passed - - ) Penalty, see § 5.38.060

A duplicate permit may be issued by the Director of Finance to replace any permit previously issued under the provisions of this chapter which has been lost or destroyed, upon the permittee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying to the Director of Finance a duplicate permit fee of $15.

('86 Code, § 5.38.080) (Ord. 3637, passed - - ; Am. Ord. 3962, passed - - )

The permittee shall keep the permit issued under the provisions of this chapter posted in a conspicuous place upon the premises for which such permit was issued.

('86 Code, § 5.38.090) (Ord. 3637, passed - - ) Penalty, see § 5.38.060

The City Tax and License Collector in the exercise of the duties imposed upon him or her, and acting through his or her deputies or duly authorized assistants, shall examine, or cause to be examined, all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

('86 Code, § 5.38.100) (Ord. 3637, passed - - )

The City Council hereby reserves the right to grant a permit to any church, school, lodge, religious, charitable or eleemosynary institution or organization, without the payment of a fee as other-wise provided for in this chapter, for a period of not to exceed 15 days.

('86 Code, § 5.38.110) (Ord. 3637, passed - - )

If the holder of a permit for the operation of a game of skill and science, or any agent, employee or servant of the permittee acting for and on behalf of such permittee in connection with the operation, maintenance or conduct of any such game, is convicted in any court of competent jurisdiction in the state, of having violated any law of the state or of this code prohibiting or regulating gambling, all permits heretofore issued to such permittee shall be revoked by the City Tax and License Collector forthwith without hearing or previous notice, upon the filing of a certified copy of final judgment of conviction of the court in the office of the City Tax and License Collector. Upon the revocation of the permit all games of skill and science shall be immediately removed from the premises.

('86 Code, § 5.38.120) (Ord. 3637, passed - - )

No permit issued by the City Tax and License Collector shall authorize the conduct of any game which is prohibited by any law of the state or this code, and any such permit issued in violation thereof shall be void.

('86 Code, § 5.38.130) (Ord. 3637, passed - - )

(A) The provisions of this chapter shall not apply to the keeping, possessing or exhibiting of any such game of skill and science at or in any mercantile store in which such games of skill and science are kept solely for sale and which games of skill and science members of the public are not permitted or allowed to operate, manipulate or play except as incident to a demonstration for the purpose of sale.

(B) The provisions of this chapter shall not apply to any coin-operated pool or billiard table located within any poolroom or billiard room licensed pursuant to Chapter 5.52 of this title.

('86 Code, § 5.38.140) (Ord. 3637, passed - - )

It shall be the duty of the City Tax and License Collector to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the City Tax and License Collector or the City Council.

('86 Code, § 5.38.150) (Ord. 3637, passed - - )