Manhattan Beach Municipal Code Ch. 6.12 Games of Skill and Science

For the purpose of this part the term "game of skill and science" shall mean any game participated in by one or more players 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.

No person shall keep/maintain or possess in his 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.

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 part until the applicant has approval of the City Council pursuant to the provisions of 4.08.010 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 two games of skill and science.

Such application shall be made upon a form therefor prescribed by the licensing authority and shall contain the following information:

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

B. 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 the number of the current business license issued the vendor;

C. The number of such games to be maintained on the premises.

A fee schedule for games of skill and science shall be established by the Council under separate resolution.

Each permit and each renewal permit shall expire on March 1 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.

Each application required by the preceding section shall be accompanied by a nonrefundable annual permit fee 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, and the amount of the fee shall be determined by prorating the annual permit fee on the basis of the number of quarters remaining in the licensing year and including the quarter in which the application is filed.

In the event any annual, semi-annual, quarterly or monthly permit fee provided for in this chapter remains unpaid for a period of thirty (30) days after the same becomes due and payable, it shall be the duty of the Licensing Authority to add to and collect in addition to the permit fee a penalty of ten (10 %) percent of the amount of such permit fee for failure to pay the amount of the permit fee to said City on the date that such permit fee is due and payable, and an additional penalty of ten (10 %) percent of the amount of such permit fee shall be added at the end of each month thereafter that the fee remains unpaid. In computing said thirty (30) day period, the day upon which such permit fee became due and payable shall be included in the computation. The penalty provided for in this section shall be in addition to any and all other fines or penalties which may otherwise be levied or assessed under the provisions of this chapter.

Permits issued pursuant to this part shall not be assigned or transferred.

A duplicate permit may be issued by the Licensing Authority to replace any permit previously issued under the provision of this part 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 Licensing Authority a duplicate permit fee of two and no/100ths ($2.00) Dollars.

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

The Licensing Authority in the exercise of the duties imposed and acting through his 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 part have been complied with.

The City Council hereby reserves the right to grant a permit to any church, school, lodge, religious, charitable organization, without the payment of a permit fee as otherwise provided for in this part, for a period of not to exceed fifteen days.

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 of California or of this code prohibiting or regulating gambling, all permits heretofore issued to such permittee shall be revoked by the Licensing Authority 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 Licensing Authority. Upon the revocation of the permit all games of skill and science shall be immediately removed from the premises.

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

A. The provisions of this part 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 part shall not apply to any coin-operated pool or billiard table located within any licensed pool room or billiard room.

(§ 1, Ord. 1527, eff. May 18, 1978)