Burbank Municipal Code Art. 1 Crimes Against Public Decency and Good Morals

Except as permitted in Section 5-3-103 of this article, no person shall deal, play, carry on, open, or bet at or against any game of chance or skill not mentioned in Section 330 of the Penal Code of the State, played with cards, dice or any device, for money, checks, credit, or other representative of value. [Formerly numbered Section 20-1. Amended by Ord. No. 3058, eff. 2/21/87.]

Except as permitted in Section 5-3-103 of this article, no person shall:

A. Keep, conduct or maintain any house, room, apartment or place, where any game of chance or skill not mentioned in Section 330 of the Penal Code of the State is played with cards, dice or any device, for money, checks, credit, or other representative of value; or

B. Knowingly permit any house, room, apartment or place, owned by them, or under their charge or control, to be used as a place where any game of chance or skill not mentioned in Section 330 of the Penal Code of the State is played with cards, dice or any device, for money, checks, credit, or other representative of value. [Formerly numbered Section 20-2. Amended by Ord. No. 3058, eff. 2/21/87.]

A. Definition: for the purpose of this section only, a “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 any 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; provided, that in any case where the result of such game may be dependent to some extent upon the judgment, intelligence or adroitness of the player, but nevertheless the dominating factor in determining the result of such game is chance, such a game shall not be considered a game of skill and science, but shall be considered as a game of chance. For the purposes of this section, card games are not considered to be games of skill and science.

B. Games of Skill and Science Prohibited; Exception; Permit Required: No person shall operate any “game of skill and science” as above defined unless such person is the holder of a valid and unexpired permit then in full force and effect, issued under the provisions of this section.

C. Application; Contents of: All applications must be in writing, and shall be made by all parties interested therein: That is, if an individual, by the individual; if a partnership of any kind, by all members of such partnership; if by an unincorporated association or a corporation, by each and all of the officers thereof. Each application shall be verified by the oath of each and all persons signing it, such oath to be taken before a person authorized to administer oaths in the County of Los Angeles, stating that the person subscribing the same has read the application, knows the contents thereof, and that the facts stated therein are true. Such application shall be filed with the Community Development Department and shall be made upon forms therefore prescribed by the said Department. Such application shall contain the following information:

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

2. The place where such proposed game of skill and science will be operated;

3. The name of the game;

4. A detailed description of all equipment apparatus, material or devices used in playing such game;

5. A detailed description of the method of playing or operation;

6. A statement that applicant, if granted a permit, will not permit, suffer or allow the game proposed to be operated to be played or operated in any mode other than as described in the application or by the use of any other equipment, apparatus or device other than as described and referred to in said application.

7. A statement setting forth the primary business or purpose of the applicant and how long applicant has been actually engaged in such business or purpose;

8. A statement that applicant is not organized specifically for the purpose of operating games of skill and science;

9. A detailed statement of the anticipated cost of operating the proposed game;

10. Such other information as may be required by the City Manager.

D. Application to be Submitted to Chief of Police: Upon the filing of such application, the Community Development Department shall cause the application to be forwarded to the Chief of Police for study and investigation.

E. Findings of City Manager; Granting of Permit: After study and investigation as provided in this section, the application shall be submitted by the Community Development Director to the City Manager. If, from the consideration of the application and such other information as the City Manager may obtain from the report and recommendations of the Chief of Police and other sources, the City Manager finds that the granting of such permit would be in the interest of the public health, welfare, safety and morals, the City Manager shall issue the permit if the following conditions are met:

1. That the game proposed to be operated is found to be a game of skill and science and that such game is not prohibited by the provisions of the Penal Code of the State, or any other law of the State, or the provisions of this code, or any ordinance of the City; and

2. That the applicant is a nonprofit religious, charitable, civic, veteran, educational, or social organization and that the net proceeds from such game over and above the cost of operation are to be used for religious, charitable, civic, or educational purposes; and

3. That the estimated cost of operating the proposed game is reasonable and is not a subterfuge for diverting profits from the applicant to other persons. No permit shall be issued for in excess of five (5) successive days, and no such permit may be renewed for the same applicant and location until an intervening period of ninety (90) days has elapsed.

In determining the question of whether the game proposed is a “game of skill and science” as defined herein, or a game of chance, a finding by the City Manager that the dominating factor in determining the result of such game is chance, shall require that the application for a permit be denied. If the City Manager determines that such permit shall be issued, after finding that all required conditions exist, they shall so advise the Community Development Director who shall issue the permit as provided in this section.

F. Declarations of Council: The Council declares that it is its intention that all of the findings above mentioned be required as a condition precedent to the issuance of any permit. The Council further declares that it would not have passed and adopted the provisions in this section providing for an exception of the prohibition against games of skill and science and the granting of a permit therefor if for any reason such exception or permit provision is invalid, and in such event any permit issued and outstanding shall be null and void.

G. Permits; Conditions: Any permit issued under the provisions of this section shall be issued only to the person named in the application and shall not be assignable or transferable; subject to other provisions of this section, such permit shall be valid until revoked or suspended and shall be issued upon and subject to the following conditions:

1. That permittee will not permit, suffer or allow the game authorized to be played in any manner other than the manner described in detail in the application;

2. That no equipment, apparatus, device, material or contrivance of any kind be used in the operation or playing of such game that is not described in the application;

3. Every permittee shall keep and maintain a full, true and complete record in writing of all monies or other consideration paid by players for participation in such game and of all expenses of operation. A report thereof, verified by the oath of all persons before a person authorized to administer oaths in the County, stating that such persons have read the report, know the contents thereof and that the facts stated therein are true, shall be filed with the City Manager within five (5) days after the expiration of the permit. Failure to keep and file records and reports as herein provided shall be a misdemeanor.

Each of said conditions shall be incorporated in and made a part of each permit issued hereunder.

No person shall operate any such game, or permit, suffer or allow the operation of any game in any manner or mode except in accordance with and in strict compliance with each and all the conditions set forth in this subsection.

H. No Permit If Previous Revocation: No person shall be issued any permit hereunder if, within one year next preceding the date of filing the application for permit, any permit previously issued to applicant hereunder has been revoked.

I. Games Prohibited By Law: No permit issued by the Police Commission shall authorize the conduct of any game which is prohibited by the Penal Code of the State, or any other law of the State, or the provisions of this code, or any other ordinance of the City, and any permit issued in violation of the provisions of this section shall be void.

J. Sunset Provision: The provisions of this section shall terminate and become inoperative at one minute after twelve o’clock (12:01) midnight on July 1, 1992, and of such date is repealed unless otherwise extended by the Council through the adoption of an appropriate ordinance. [Formerly numbered Section 20-3; Amended by Ord. No. 3828, eff. 8/24/12; 3324, 3244, 3058, 2194.]

No person shall exhibit or expose to view, in the presence of three (3) or more persons, any faro box, roulette table, fan-tan table cards, dice, dominoes, or any gambling equipment whatsoever, in a barred or barricaded house or room, or in any place built, protected or guarded against access by peace officers. [Formerly numbered Section 20-4; renumbered by Ord. No. 3058, eff. 2/21/87.]

No person shall visit or resort to a barred or barricaded house or room, or place built, protected, or guarded against access by peace officers, in which any faro box, roulette table, fan-tan table, cards, dice, dominoes, or any gambling equipment whatsoever, is exhibited or exposed to view in the presence of three (3) or more persons. [Formerly numbered Section 20-5; renumbered by Aureate, No. 3058, eff. 2/21/87.]

No person shall have in their possession any betting marker or other memorandum, writing or record of any bet, or purported wager upon the result or purported result of any trial or purported trial or contest or purported contest of skill, speed or power of endurance of man or beast or between men, beast or mechanical apparatus or upon the result or purported result of any lot, chance, casualty, or contingent event whatsoever. [Formerly numbered Section 20-6; renumbered by Aureate, No. 3058, eff. 2/21/87.]

A. Definitions: The term “marble game” shall mean and include any game or device in which marbles, balls, pellets, or other moving objects are propelled, released or rolled, with the aid of a mechanical plunger or other affixed mechanical device, in such manner as to result in a score, tally, points, or other indication of relative success in the operation and playing of such marble game, whether the same be indicated by or may be computed by means of numbers, letters, lights, colors, or in any manner whatsoever. The term “marble game” shall also mean and include any game or device in which marbles, balls, pellets or other moving objects are propelled, released or rolled with the aid of a mechanical plunger or other affixed mechanical device.

B. Possession Unlawful: No person shall keep, maintain or have in their possession, or under their control, in any place of business, or in any place of public resort, either as owner or lessee, agent, employee, or otherwise, any marble game, pin games or pinball games, the use, operation or play of which is controlled, permitted or made available by placing therein any coin, plug, disc, key or token, or which is let for use, operation or play upon the payment or delivery of any thing of value therefor or upon the making of any purchase; provided that the provisions of this section shall not apply to the keeping, possession or exhibiting of any such game or machine at or in any store or place in which such games or machine are kept solely for sale or storage when members of the public are not permitted or allowed to operate, manipulate or play such games or machines, except as incident to a demonstration for the purpose of sale.

C. Seizure And Destruction: Any article declared by this section to be a nuisance, as a result of the operation, use, keeping or maintaining of which any person has been convicted of or has pleaded guilty to any violation of this section shall be destroyed by the Police Chief after such plea of guilty or after judgment of conviction becomes final. If any article subject to destruction as herein provided for are in the custody of any court within the City, the Police Chief shall cause to be made an application to the Judge of said court for an order releasing said articles to them for the purpose of complying with this section. [The voters adopted this section at an initiative election on November 5, 1940. (See Ord. No. 657, eff. 12/10/40.)] [Formerly numbered Section 20-7; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. No person shall consume or possess any can, bottle, or other receptacle containing any alcoholic beverage, as defined in Section 3-3-501, that has been opened, or a seal broken, or the contents of which have been partially removed, in any city owned or controlled public place, including but not limited to, facilities, parks, playgrounds, recreational areas, golf courses, sidewalks, parkways, streets, parking facilities or any recreation and park district, or any regional park or open-space district, a violation of which is an infraction.

B. The foregoing section shall not apply to any business that has obtained a permit, or otherwise has an agreement with the City, which authorizes the consumption of alcoholic beverages on public property which is under its control.

C. The foregoing section shall not apply to events where the possession and consumption of alcoholic beverages is within the premises located in a park or other public place for which a license and/ or permit has been issued pursuant to Title 3, Chapter 3, Article 8 of this Code.

D. The foregoing section shall not apply to any individual in possession of an alcoholic beverage container for the purpose of recycling or other related activity. [Formerly numbered Section 20-8; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3781, eff. 5/28/10; 3072.]

A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe or be in any public place, place open to the public, or place open to public view in such manner that the genitals, vulva, pubis, pubic hair, buttocks, perineum, anus, anal region or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola of any female person, is exposed to public view.

B. This section shall not apply to persons under the age of ten (10) years.

C. This section shall not apply to persons engaged in a live theatrical performance in a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. [Added by Ord. No. 3143, eff. 3/11/89.]

A. Nighttime Curfew Ordinance: It is unlawful for any minor to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, public places of amusement and public eating places, between the hours of ten o’clock (10:00) P.M. and sunrise the following day.

B. Exceptions: The provisions of subsection A of this section shall not apply when:

1. The minor is accompanied by their parent or guardian or other adult person having the care and custody of the minor;

2. The minor is on an errand directed by their parent or guardian or other adult person having the care or custody of the minor.

C. Daytime Curfew Prohibition: It is unlawful for any minor, who is subject to compulsory education or to compulsory continuing education, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, public places of amusement and public eating places, between the hours of eight thirty o’clock (8:30) A.M. and one thirty o’clock (1:30) P.M. of the same day on days when said minor’s school is in session.

D. Exceptions: The provisions of subsection C of this section shall not apply when:

1. The minor is accompanied by their parent or guardian or other adult person having the care and custody of the minor;

2. The minor is on an errand directed by their parent or guardian or other adult person having the care or custody of the minor;

3. The minor’s attendance at school has been excused pursuant to the provisions of California Education Code Section 48205 and Section 46014, for justifiable personal reasons, including, but not limited to, medical appointments, appearances in court, and observance of a holiday or ceremony of their religion or participation in religious exercises or instruction of their religion.

4. The minor has otherwise been excluded or exempted from compulsory education or compulsory continuing education requirements found in Division 4, Part 27, Chapters 2 and 3 of the California Education Code.

E. Permitting: Any person, guardian, or other adult person having care or custody of a minor, who knowingly permits that minor to violate any provision of this section shall be guilty of a misdemeanor.

F. Violation And Punishment: Each violation of the provisions of subsection C of this section shall constitute a misdemeanor punishable, upon first conviction, by a fine no less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and upon subsequent conviction by a fine of one hundred dollars ($100.00) and a mandatory twenty (20) hours of community service to be completed during hours when school is not in session. This subdivision is not meant to exclude any other appropriate terms and conditions of probation reasonable under the circumstances of each case. Any violation of any other provision of this section shall be a misdemeanor punishable pursuant to the provisions of subsection 1-1-105B of this code.

G. Definitions:

ADULT PERSON: Any person eighteen (18) years or older.

COMPULSORY EDUCATION AND COMPULSORY CONTINUING EDUCATION: The education requirements found within Division 4, Part 27, Chapters 2 and 3, respectively, of the California Education Code.

LOITER: To delay, linger, or idle about without a lawful purpose for being present.

MINOR: Any person under eighteen (18) years of age. [Formerly numbered Section 20-15; Amended by Ord. No. 3414, eff. 11/12/95; 3058.]

A. Entering: No minor under the age of eighteen (18) years shall enter, visit or remain in any billiard room or pool room required to be licensed under the provisions of this code except as permitted in Section 3-3-409 of this code.

B. Errand Boys: No person shall send a minor under the age of eighteen (18) years into any billiard room or pool room required to be licensed under the provisions of this code, or request, engage or permit such minor to carry a package or message to or from such place, unless said minor is accompanied by their parent, guardian or other adult person having custody over them.

C. Misrepresenting Age: No minor under the age of eighteen (18) years shall misrepresent their age to the person in charge or control of a billiard room or pool room for the purpose of gaining admission thereto or remaining therein contrary to the provisions of this section.

D. Permitting to Remain in: See Section 3-3-409 of this code. [Formerly numbered Section 2-16; renumbered by Ord. No. 3058, eff. 2/21/87; 2230.]

A. It shall be unlawful for the owner, manager or person having supervision, charge or control of any place of business in the City to permit or allow persons of known lewd, immoral or dissolute character, sexual perverts of any type, or persons required to register as defined by Section 290 of the Penal Code of the State, to loiter, congregate in, habitually frequent or remain in such places of business.

B. No prosecution under the provisions of subsection A of this section shall be commenced except for violation thereof committed after a peace officer shall have given five (5) days’ written notice to the owner, manager or a person having supervision or charge of such business that a violation of subsection A of this section may be committed by permitting or allowing certain persons to loiter, congregate in, habitually frequent or remain in such places of business, stating the name and general description of the person or persons; and that the said person or persons are either known lewd, immoral or dissolute characters or known sexual perverts of any type, or are persons who are required to register under the provisions of Section 290 of the Penal Code of the State. Such notice may be served by service upon the owner, manager, manager’s agent or any other person having supervision or charge of such places of business.

C. Any violation of subsection A of this section, occurring within one year after the expiration of five (5) days from the service of such notice may be prosecuted without service of other or additional notice to abate.

D. It shall be unlawful for persons of known lewd, immoral or dissolute character, sexual perverts of any type, or persons who are required to register under the provisions of Section 290 of the Penal Code of the State, to loiter, congregate in, habitually frequent or remain in any place of business after notice by the owner, manager or person having supervision or charge of such business not so to do.

E. It shall be unlawful for any person required to register under the provisions of Section 290 of the Penal Code of the State to loiter about any place of business without any lawful business there to perform.

F. Subsection A of this section shall not be construed to authorize or require violation of Sections 51 to 54, inclusive, of the Civil Code of the State. [Formerly numbered Section 20-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

[This section repealed by Ord. No. 3279, eff. 12/14/91.]

A. Loitering Prohibited: Any person required to register under Penal Code Section 290 as a result of a conviction involving sexual acts with a person under eighteen (18) years of age shall not loiter at any youth event or be within one hundred feet (100') of the physical area where the event is occurring.

B. Definitions:

LAWFUL PURPOSE: Attendance at a youth event where the person’s child is a participant or where the person’s presence is required for a demonstrable, legitimate, and reasonable purpose.

LOITERING: Delay, linger, or idle about without a lawful purpose for being present.

YOUTH EVENT: Any activity conducted at a public school, private school, public park, or facility open to the public, where the participants in such activity are under eighteen (18) years of age. [Added by Ord. No. 3060; formerly numbered Section 20-19.1.; renumbered by Ord. No. 3058, eff. 2/21/87.]

Any person required to register under Penal Code Section 290 as a result of a conviction involving sexual acts with a person under eighteen (18) years of age is prohibited from participation as a coach or other supervisor of persons under eighteen (18) years of age in any youth events organized by the City of Burbank. [Added by Ord. No. 3060; formerly numbered Section 20-19.2; renumbered by Ord. No. 3058, eff. 2/21/87.]