Chapter 113 — AMUSEMENT AND LEISURE

The conducting of bingo games within the city shall be permitted pursuant to Cal. Penal Code § 326.5. Such bingo games shall be allowed only by and for the benefit of organizations exempted from payment of the Banking Corporation Tax under Cal. Revenue and Taxation Code § 23701(d). This provision shall incorporate all conditions and limitations set forth in Cal. Penal Code § 326.5, including any subsequent amendments thereto, and any violation of said provisions shall constitute a violation of this section. (Prior Code, § 3215) (Ord. 76-15, passed 12-6-1976)

No person or organization shall be entitled to conduct any bingo game unless such person or organization has secured from the City Clerk a bingo license, for which the annual fee shall be $10. The granting of such license shall be subject to the furnishing of such data and information as is required by the City Clerk. (Prior Code, § 3215.1) (Ord. 76-15, passed 12-6-1976) Penalty, see § 10.99

FORTUNE TELLING

Every person advertising by sign, circular, handbill, newspaper, periodical, magazine, or other publication, or by any other means whatsoever, or engaging in the business of fortune telling, psychology, seership, prophecy, astrology, palmistry, phrenology, life reading, cartomancy, crystal gazing, clairvoyance, clairaudience, hypnotism, magic, necromancy, psychism, psychometry, mind reading, mental telepathy, automatic writing, spirit writing, spirits, slate writing, trance mediumship, sand gazing, materialization, ballot reading, conducting trumpet seances, augury, divination, or the making, giving, or selling of charms, potions, talismans, or magic articles shall pay the license fee required by the licensing provisions of this code and shall procure a license in the manner hereinafter prescribed. (Prior Code, § 3600) (Ord. 86, passed 2-20-1967)

The provisions of this subchapter shall not apply to any person solely by reason of the fact that he or she is engaged in the business of entertaining the public by demonstrations of mind reading, mental telepathy, thought conveyance, or the giving of horoscopic readings at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of telling fortunes. Nothing in this section, however, shall be construed as exempting any person from the payment of the applicable license fee, if any, required to be paid by the licensing provisions of this code. (Prior Code, § 3601) (Ord. 86, passed 2-20-1967)

Each and every person desiring to practice any of the aforesaid professions, arts, or business included in § 113.15 shall make a written application to the City Clerk for a license to conduct said business or practice said art or profession. The application shall be signed and sworn to by said applicant, his or her age, street address in the city, names under which said applicant proposes to conduct said business or practice said art or arts, the business address thereof, together with the street, city, county, and state address where said applicant practiced or conducted any one of the aforesaid arts or businesses, or any business or art kindred thereto, within the 12 months previous to the date of said application, if any, and the name under which the same was conducted at said place. No person may make an application hereunder unless such person has been a bona fide resident of the city for a period of at least 12 months next preceding the date of such application.

(Prior Code, § 3602) (Ord. 86, passed 2-20-1967)

Each and every person desiring to practice any of the aforesaid arts, professions, or businesses included in this subchapter shall, at the time of the making of the aforesaid application, make and file with the City Clerk and affidavit showing the residence of said applicant, by street number, in the city, during said 12 months immediately prior to the making of said application and upon request of said City Clerk, said applicant shall furnish to said City Clerk affidavits or such other proof as he or she may require to establish the fact of such residence. (Prior Code, § 3603) (Ord. 86, passed 2-20-1967)

(A) Each and every person desiring to practice a profession, art, or business specified in § 113.15 shall, at the time of making the application herein referred to, file with the Police Department his or her photograph and his or her fingerprints and shall leave said photograph and fingerprint impressions with said Police Department as a part of the records of said Department for the purpose of enabling said Department to make an investigation of any complaints which may have been made, if any, against such applicant at any time or place, and the City Clerk shall withhold issuance of said license for a period of 30 days from and after the making of such application and filing such photograph and fingerprints.

(B) At the end of 30 days, if no adverse report has been made by the Police Department as to the record of such applicant, said application shall be deemed completed and a license shall be issued upon payment of the prescribed license fee, and the filing of a surety bond in the principal sum of $2,000 executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state and as principal by the applicant which shall be approved by the City Clerk as to sufficiency, and by the City Attorney as to form, which bond shall have been given to ensure good faith and fair dealing on the part of said applicant and as a guarantee of indemnity for any and all loss, damage, injury, theft, or other unfair dealing suffered by any patron of said applicant within the city during the term of the license.

(Prior Code, § 3604) (Ord. 86, passed 2-20-1967)

The liability on any bond deposited with the city as required by § 113.19 may be terminated upon the filing with the City Clerk by the surety on said bond of a written notice to the city wherein shall be stated that the surety intends to terminate the liability upon said bond, said termination to become effective 30 days from and after the day upon which such notice of intention to terminate liability is filed with the City Clerk; provided, however, that in no case shall the

termination of liability by the surety on any bond affect any liability incurred prior to the date of termination thereof. Upon the termination of liability by the surety upon any bond as provided herein, the license of the principal of said bond shall be automatically revoked.

(Prior Code, § 3605) (Ord. 86, passed 2-20-1967)

Every natural person actively carrying on, conducting, or engaging in any of the professions, art, businesses or callings for which a license is required, and enumerated in § 113.15 hereof, shall file a separate application, separate photograph and fingerprints, and pay a separate license fee as required by the licensing provisions of this code and post a separate bond as provided in § 113.19 regardless of whether or not such natural person is practicing such profession, art, or pursuit on behalf of or for any firm, corporation, copartnership, association, society, or any other such organization.

(Prior Code, § 3606) (Ord. 86, passed 2-20-1967)

If said application is in compliance with this subchapter and if said bond has been duly approved by the City Attorney and City Clerk, then, in that event, if any permit to conduct said business be required by law, upon the granting of the same, the City Clerk shall issue a license, numbered and in due form, for a period of one year, to practice the profession, or art or arts, specified in said application. In the event any permit or license hereunder shall be denied for said applicant, the application therefor shall be retained by said City Clerk on file in his or her office for future reference.

(Prior Code, § 3607) (Ord. 86, passed 2-20-1967)

Upon the discovery of any false or misleading statement in said application or misrepresentation by said applicant in procuring said license, or upon the failure, neglect, or refusal of said applicant to promptly, voluntarily and without notice, furnish and file a new bond when the surety on any bond shall have terminated its liability, and cause the same to be approved by the City Clerk as to sufficiency of sureties and by the City Attorney as to form, then and in that event, the Council may, upon five days’ notice to said applicant, cancel and annul said license; whereupon said applicant shall be amenable to the penalties herein prescribed, from, and after the date of said cancellation, as though said license had never been granted.

(Prior Code, § 3608) (Ord. 86, passed 2-20-1967)

No person shall commence, engage in, carry on, or advertise that he or she will engage in or carry on any trade, calling, profession, or occupation specified in § 113.15 without first having procured a license as required by the licensing provisions of this code or without complying with any and all regulations of such trade, calling, profession, or occupation contained in this or any other ordinance of the city; and the carrying on of any trade, calling, profession, or occupation mentioned in this subchapter, without first having procured such a license when required so to do, or without complying with any and all regulations of such trade, calling, profession, or occupation contained in this subchapter, shall constitute a separate violation of this subchapter for each and every day that such trade, calling, profession, or occupation is so advertised, engaged in, or carried on. (Prior Code, § 3609) (Ord. 86, passed 2-20-1967) Penalty, see § 10.99

(A) No person shall be required to pay any fee or take out any license for conducting or participating in any religious ceremony or service when such person holds a certificate of ordination, as a minister, missionary, medium, healer, or clairvoyant from any bona fide church or religious association maintaining a church and holding regular services, and having a creed or set of religious principals that is recognized by all churches of like faith; provided further, that the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of said church or religious association; provided further, that such person holding a certificate of ordination from such bona fide church or religious association, as hereinabove set forth in this section, shall, before practicing such profession specified in this subchapter, file with the City Clerk a certified copy of his or her certificate of ordination, with his or her name, age, and street address in the city where he or she intends to carry on such business.

(B) Such bona fide church or religious association as herein defined may, however, pay to its ministers, missionaries, mediums, or workers a salary or compensation based upon a percentage basis, provided that the agreement between the church and the minister, missionary, medium, or worker is embodied in a resolution and transcribed in the minutes of such church or religious association.

(Prior Code, § 3610) (Ord. 86, passed 2-20-1967) Penalty, see § 10.99

No person shall be required to pay any fee or take out any license for carrying on the art of reading tea leaves in any bona fide, regularly established restaurant, for the purpose of amusement to the patrons of said restaurant, where no charge for such readings is made.

(Prior Code, § 3611) (Ord. 86, passed 2-20-1967) Penalty, see § 10.99

CARD TABLES

The term CARD TABLE , as used in this subchapter, shall mean a card table within a business premises where there is carried on any card game for hire or for compensation, which game is not unlawful under the provisions of Cal. Penal Code § 330, or any other provision of law.

(Prior Code, § 10400) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

It is unlawful for any person, firm, association, corporation, or partnership to engage in or carry on the business of conducting or operating one or more card tables unless there is in effect a card table license covering each such card table issued pursuant to the provisions of this subchapter.

(Prior Code, § 10401) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979) Penalty, see § 10.99

(A) No more than a total of nine card tables shall be licensed to operate within the city under the provisions of this subchapter.

(B) No one permittee shall be authorized to operate more than a total of six card tables within the city.

(C) No more than six card tables shall be operated or maintained within any single business premises within the city.

(D) No card table license shall be transferable to another location or permittee.

(E) No card table license shall be issued to any person who has been convicted of any felony, nor to any association, partnership, or corporation of which any owner thereof has been convicted of a felony. (Prior Code, § 10402) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979) Penalty, see § 10.99

(A) Any person desiring to obtain a card table license shall apply to the City Clerk and shall furnish such information as is requested by the City Clerk which pertains to the identification and background of the applicant and the owners thereof, and to the nature and location of the proposed business for which the application is made. The City Clerk shall deliver such application to the Chief of Police for his or her investigation and for a report to the City Council thereon. The Chief of Police shall have the power to require the applicant and/or any of the owners thereof to submit to fingerprinting and to furnish such additional information as he or she deems necessary to assist in such investigation.

(B) Upon receipt of the report of the Chief of Police, the City Council shall grant a card table license or licenses to the applicant if the City Council determines the following:

(1) The applicant and his or her members are of good moral character and otherwise qualified to carry on such business under the terms of this subchapter;

(2) The carrying on of a card table at the location proposed is in compliance with all applicable zoning and building ordinances and regulations of the city; and

(3) The issuance of the permit is not contrary to the public health, safety, or welfare.

(Prior Code, § 10403) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

(A) The City Council shall have the right to revoke any card table license when the possessor thereof has violated, or permitted the violation of, any of the terms of this subchapter or if the license is unused for a period longer than two years.

(B) The City Council may also revoke any card table license when the business being operated is not implementing the approved security plan for the protection of its patrons, or is not being conducted in accordance with the public health, safety, or welfare or when, in the discretion of the City Council, it is found that the continued operation of said business will create or is creating a policing problem to the city.

(C) Prior to revoking any card table license, the City Council shall cause to be served on the applicant a notice of its intention to do so at least five days prior to the date upon which it intends to consider the matter of such revocation, and also stating the right of the licensee to appear before the City Council and to show cause why such license should not be revoked.

(D) The decision of the City Council with respect to the revocation shall be final. (Prior Code, § 10404) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

There shall be an annual fee in the amount set forth in the Master Fee Schedule for each card table licensed pursuant to the terms of this subchapter.

(Prior Code, § 10405) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

(A) The City Council finds that it is necessary and in the public interest that law enforcement officers have access to any premises in which a card table is being operated under the terms of this subchapter in order to ensure that the terms of this subchapter are being complied with.

(B) Any premises for which a license has been issued under the provisions of this subchapter shall be deemed to constitute a public place, and all police officers and peace officers shall at all times have access thereto during business hours.

(Prior Code, § 10406) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

(A) Subject to conditions of a conditional use permit, the licensee may operate the card room 24 hours per day, seven days per week, and 365 days per year.

(B) The actual hours of operation shall be posted in a manner sufficient to give patrons adequate notice of the hours during which the card room will remain open for business.

(Prior Code, § 10407) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

No person under the age of 21 shall be employed in or allowed to frequent, remain in, or visit any room or premises wherein is conducted or operated any card table licensed under the provisions of this subchapter.

(Prior Code, § 10408) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979) Penalty, see § 10.99

There are no wagering limits on the amount wagered in any permitted games. However, with respect to poker games, in any one hand of play, no player may wager or be required to wager a monetary amount in excess of the value of chips the player has in his or her possession.

(Prior Code, § 10410) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

(A) Any holder of a card table licenses shall submit a security plan for the premises where a card table or tables are operated. Said security plan must be reviewed and approved by the Chief of Police prior to issuance or renewal of a business tax certificate.

(B) The holder of a card table license must pay a full cost recovery fee for the review and approval of a security plan as may be established by the City Council in the Master Fee Schedule. (Prior Code, § 10411) (Ord. 19, passed 3-15-1961; Ord. 79-6, passed 9-4-1979)

BILLIARDS, POOL HALLS

(A) All places where billiard tables or pool tables are maintained for public use shall be and remain closed every day between the hours of 2:00 a.m. and 6:00 a.m. of any day.

(B) No person under the age of 18 years shall be permitted to play at any game or lounge about or in any public billiard hall, pool hall, or other gaming place within the city, unless accompanied by his or her parent or guardian or upon the written consent of his or her parent or guardian.

(C) No owner, proprietor, or operator of any such establishment shall permit a violation of the foregoing section within his or her establishment.

(Prior Code, § 3106) (Ord. 1, passed 12-28-1959) Penalty, see § 10.99