Modesto Municipal Code Art. 2 Bowling Alleys

A violation of any provision of this article shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this article specifically make such violation a misdemeanor.

(Added by Ord. 1690-C.S., § 2, effective 1-7-78)

(Ord. 10-N.S., § 14, amended by Ord. 1015-N.S., § 1, Ord. 107-C.S., Ord. 1690-C.S., § 1, repealed by Ord. 1814-C.S., § 1, effective 3-29-79)

Before any applicant to operate a bowling alley in the City of Modesto is granted a license so to do and within thirty (30) days after the effective date hereof, all bowling alley operators must make application to the Collector of the City in substantially the following form:

Application is hereby made for a license to operate a bowling alley or to continue the operation of a bowling alley under license already granted in the City and in that behalf applicant makes the following statements:

(a) The name of applicant is _____

(b) The address of applicant is _____

(c) Applicant covenants and agrees to comply with all the laws of the City and the rules and regulations of the Council of the City and of the Chief of Police of said City.

(d) Applicant further agrees that any violation by him of any of the terms of this application or of the laws or of any of the resolutions of the City applicable to the business of conducting a bowling alley in said City or of the reasonable regulations set down by the Council of the City, or the Chief of Police of said City shall constitute sufficient grounds for the revocation by the Council of the license herein applied for or permit granted.

(Ord. 10-N.S., § 1, amended by Ord. 688-N.S., § 1)

Upon receipt of said application by the Collector of said City, he shall refer the same to the Chief of Police for investigation and report. Said Chief of Police after such investigation shall make a report and file the same with the application with the Collector. In the event the Chief of Police shall determine the applicant is not entitled to a license under the terms of this article because of the bad moral character of said applicant, or because he feels that the applicant will operate such bowling alley in a manner detrimental to the morals and general welfare of the citizens of said City, and so reports to the Collector, no license or permit shall be issued to said applicant to operate or to continue the operation of a bowling alley in said City.

When and if said Chief of Police reports that said applicant is of good moral character and that he believes said bowling alley can be operated by said applicant without detriment to the morals or general welfare of the citizens of said City, the City License Collector shall issue a license to said applicant (or permit to continue the operation of a bowling alley if a license has heretofore been issued) giving the date of the issuance thereof, the name and address and the number of the license and statement thereon that the same may be revoked by the Council of the City upon two (2) days' notice to show cause to the licensee for failure to comply with the terms of this article or any other law of the City or any of the laws of the State that may relate to the operation of a bowling alley or any violation of the reasonable orders of the Chief of Police or the Council.

The application for license or permit to continue operating under license heretofore issued shall be filed with the City Tax and License Collector at his office and each application numbered consecutively in order of filing. Said license shall be entitled "CITY OF MODESTO'S BOWLING ALLEY LICENSE." It must be signed by the licensee named therein and shall be exhibited by said licensee to any officer upon demand.

(Ord. 10-N.S., § 1, amended by Ord. 688-N.S., § 1)

In the event of the violation by any licensee as herein provided for of any of the terms of this article or the application for a license or permit or any of the laws of the State or of the City relating to said business or for a violation of the reasonable rules and regulations laid down by the Council or the Chief of Police of said City, it shall be the duty of the Chief of Police to serve upon said licensee a notice to appear before the Council to show cause why the license should not be terminated and cancelled. Said notice must be served not less than two (2) days before the time fixed for such hearing.

If at said hearing on the order to show cause aforesaid, the Council determines that the license theretofore issued should be revoked, said Council shall revoke the same; and the licensee whose license is thus revoked shall not thereafter operate, maintain nor be interested in, financially or otherwise, any bowling alley in said City.

(Ord. 10-N.S., amended by Ord. 688-N.S.)

No person operating a bowling alley in said City shall permit minors to bowl therein or thereat after receipt of written notice from the person having the control or custody of said minor that such person does not desire the minor under his control or custody to engage in bowling.

Any person operating a bowling alley in violation of the terms of this article shall be deemed to be committing a public nuisance, which may be abated by the City Attorney in the same manner as provided by law for abatement of public nuisances.

(Ord. 10-N.S., amended by Ord. 688-N.S.)