Clovis Municipal Code Art. 2 Marble Games

For the purposes of this article, “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 a manner as to result in a score, tally, points, or other indications of relative success in the operation and playing of such marble games, whether the same may be indicated by, or computed by, means of numbers, letters, lights, colors, or in any manner whatsoever.

(§ 1, Ord. 220)

It shall be unlawful for any person to operate any marble game machine without having first obtained from the City Clerk a license therefor and having paid the fees provided for in this article.

(§ 2, Ord. 220)

It shall be unlawful for any person to operate a marble game machine in the City except in those places where a general on-sale liquor license or an on-sale beer and wine license of the public premises classification has been issued by the Board of Equalization of the State.

(§ 3, Ord. 220, as amended by § 1, Ord. 245)

Any person having any liquor license issued by the Board of Equalization of the State of the type specified in Section 5.2.203 of this article may apply for a license to operate a marble game machine by filing with the City Clerk a written application for a license so to do on forms to be provided by the City Clerk and by paying a license fee in the sum of One Hundred and no/100ths ($100.00) Dollars per quarter, or any fraction thereof, payable in advance, for each marble game machine to be operated or maintained by such applicant.

(§ 4, Ord. 220, as amended by § 2, Ord. 245)

The City Clerk, upon receipt of such application and payment of the license fee, shall submit the application to the Chief of Police for his investigation and report. The Chief of Police shall inspect the marble game machine proposed to be operated or maintained by the applicant, as well as the location in which the marble game machine is to be operated, and shall determine whether the marble game machine is one as defined by this article and whether the marble game machine is legal pursuant to the laws of the State.

(§ 4, Ord. 220)

The Chief of Police shall either approve or disapprove the application of the applicant, and, if the application is approved, the City Clerk shall issue a separate license for each marble game machine so approved by the Chief of Police and shall affix to each marble game machine for which a license fee is paid a sticker setting forth the name and address of the licensee, the license number, and the year and quarter for which it is issued.

(§ 4, Ord. 220)

If the application is not approved by the Chief of Police, he shall refer the application to the Council for a final determination thereon, and the applicant shall be notified thereof and given an opportunity to appear before the Council in support of his application.

(§ 4, Ord. 220)

The license fee provided for by this article shall be paid whether the marble game machine is operated or maintained in connection with any other business or not.

(§ 4, Ord. 220)

(a) Operation by minors. It shall be unlawful for any person who has charge or supervision of any marble game machine to permit any minor under the age of twenty-one (21) years to engage in the playing of any such marble game machine.

(b) Locations near playgrounds and schools. It shall be unlawful for any person to operate any marble game machine within 500 feet of the exterior boundaries of any public playground or within 500 feet of the exterior boundaries of any public or private school grounds in the City.

(§ 5, Ord. 220; as amended by § 5, Ord. 378, eff. July 21, 1965)

(a) The following machines are hereby declared to be unlawful:

(1) One ball pin games;

(2) Horse race machines;

(3) Claws;

(4) Scoops;

(5) Grab machines;

(6) Machines having flashing or advancing odds;

(7) Marble game machines having less than five (5) balls and where all of such balls do not count in the total score; and

(8) Any other marble game machine or amusement device specifically determined to be unlawful pursuant to the laws of the State.

(b) It shall be unlawful for any person to operate any machines or games which are declared to be unlawful pursuant to the provisions of this article.

(§ 6, Ord. 220)

The Chief of Police shall from time to time inspect the premises for which licenses have been issued pursuant to the provisions of this article and shall inspect the marble game machines located therein for the purpose of determining whether or not the licensees are conforming with the provisions of this article.

(§ 7, Ord. 220)

(a) Impounding of machines. If, upon inspection of the premises for which licenses have been issued, the Chief of Police finds that the licensee is operating or maintaining marble game machines in violation of the provisions of this article, the Chief of Police shall forthwith cause all marble game machines licensed to such licensee to be impounded, and, upon such impounding, all licenses issued to such licensee shall be deemed revoked until a hearing has been had and a final determination made thereon by the court. In addition thereto, the Chief of Police shall forthwith file a complaint against such licensee for the violation of the provisions of this article.

(b) Penalties. If the licensee is convicted for the violation of the provisions of this article, the licensee, in addition to paying the penalty imposed by the court for such violation and the cost of impounding such machines, shall not be eligible to apply for a license to operate or maintain a marble game machine in the City for a period of one year from and after the conviction of such violation.

(c) Nonviolations. If the court determines that the licensee was not operating or maintaining marble game machines in violation of the provisions of this article, the Chief of Police shall cause the marble game machines so impounded by him to be returned to the licensee, and the license therefor shall be automatically reinstated to the licensee.

(d) Disposition of impounded machines. Upon conviction of the licensee by the court for violation of the provisions of this article, the Chief of Police shall make disposition of the marble game machines so impounded by him in accordance with the order of the court.

(§ 8, Ord. 220)