Temple City Municipal Code Art. D Sexual Conduct

Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of such establishment:

A. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region; or

B. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic region; or

C. Exposes any portion of the female breast at or below the areola thereof. (1960 Code)

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in section 4-1D-0 of this article. (1960 Code)

A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed. (1960 Code)

Every person is guilty of a misdemeanor who, while participating in any live act, demonstration or exhibition in any public place, place open to the public or place open to public view:

A. Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

B. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

C. Exposes any portion of the female breast at or below the areola thereof. (1960 Code)

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in section 4-1D-3 of this article. (1960 Code)

The provisions of sections 4-1D-0 through 4-1D-4 of this article shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances. (1960 Code)

ARTICLE E. GAMBLING

SECTION:

It shall be unlawful in the city for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent or servant to conduct manage, carry on, maintain, operate, open, deal or deal in or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, or maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter design or mark of any device, apparatus or equipment, or by any means or in any manner, or by drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark hereinabove referred to, corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing, held, used, operated or maintained by any player or participant therein or by any person where, by any predetermined or prearranged, or by any rule, method, scheme, design or procedure any person is found, declared or determined to be, or is or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check credit, property or thing of value or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any place or premises. (1960 Code)

Provided, however, that no provision of this article shall be deemed or construed as prohibiting any act made unlawful by the provisions of section 320 or 330 of the Penal Code, or of any other code section or general law of the state of California, it being the intent of the city council to prohibit by this article all games, operations or transaction herein described, not prohibited by the provisions of any general law of this state, including all games, operations or transactions for profit commonly known as keno, tango, movie tango, bingo, bean sill ball, fortune, quintain, fascination or inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated. (1960 Code)

It shall be unlawful in the city for any person to participate in play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of sections 4-1E-0 and 4-1E-1 of this article. (1960 Code)

It shall be unlawful for any person, firm, or corporation or association, owning, leasing, managing, controlling or having any interest in any property or premises lying within the city to cause or permit the maintenance or operation in or on such property or premises, having knowledge, or after reasonable notice, of the existence thereof, of any game, operation or transaction declared by the provisions of sections 4-1E-0 and 4-1E-1 of this article to be unlawful. (1960 Code)

It shall be unlawful for any person to deal, play, carry on, open or conduct any game of chance played with cards, dice, or any other device, for money, checks, credit or thing of value; and no person shall bet at any of said prohibited games. There shall be excepted from the effect of this section, but not from the effects of Penal Code section 330 or any other state proscription, occasional private games played exclusively for social purposes in a private home, provided such games are not conducted with any aspect or manifestation of commercialism, and with respect to which there is no promoter, house charge, advertising, promotion or participation by the public. (1960 Code)

No person, either as principal agent, employee or otherwise shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a poolroom, or for the purpose of conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest. And no person shall transmit any message over any telephone or telegraph line or wire owned, controlled or leased by any person engaged in conducting or carrying on a poolroom or in conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest, knowing that such message is to be used in conducting or carrying on such poolroom or business. (1960 Code)

It shall be unlawful for any person, firm or corporation to have in his or its possession in the city any written or printed form, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give, or representing as giving, any list or probable or possible list, of entries for any horserace or other contest thereafter anywhere to take place or which is anywhere taking place, if there be written or printed or published as part thereof, or in connection therewith, or in any other publication, printing or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction or selection of or advice as to or any key, cipher or cryptogram indicating, containing or giving any tip, information, publication or selection of or advice as to the winner, probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or other contestant therein, or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse or other contestant, or the actual, probable or possible state, past, present or future of the betting, wagering of odds upon or against any horse or other contestant named in such list, or probable or possible list of entries unless the names of such horses or other contestants shall be arranged in such list, or probable or possible list, in alphabetical order and shall be printed in type of the same size and face and of identical appearance, and shall all be printed flush with the left side of the column in which the same are printed or all in equal distance therefrom. (1960 Code)

For the purposes of this article a "poolroom" is defined to be a room or place where betting or laying of wagers upon the result of races or contests is carried on as a business. (1960 Code)

A person shall not:

A. Deal, play, carry on or conduct:

1. Any game where players bet or wager money, checks, credits or other things of value against each other; or

2. Any game of chance for money, checks, credits or other things of value.

B. Bet or wager at or on any such game.

C. Permit any game prohibited by subsection A or B of this section to be played, conducted or dealt in any house or other premises owned by, rented by or in lawful possession of such person.

Provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provision of sections 320, 320a, 330 or 3371 of the Penal Code, or of any other code section or general law of the state of California, it being the intent of the city council to prohibit by this section all gambling herein described, not otherwise prohibited by the provisions of any law of this state. (1960 Code)

A. Minors: No owner, manager, proprietor or other person in charge of any room in any place of business selling or displaying for the purpose of sale, any device, contrivance, instrument of paraphernalia for smoking or injecting, or consuming marijuana, hashish, PCP, or any controlled substance, as defined in the Health And Safety Code of the state of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian.

B. Minors; Excluded: A person under the age of eighteen (18) years shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents, or his or her legal guardian.

C. Sale And Display Rooms: A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips and cigarette papers and roller designed and used for smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be signposted in reasonably visible and legible words to the effect that narcotic paraphernalia are being offered for sale in such a room, and minors unless accompanied by a parent or legal guardian are excluded.

D. Minors; Nuisance: The distribution or possession for the purpose of sale, exhibition or display in any place of business from which minors are not excluded as set forth in this section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips and cigarette papers and rollers designed and used for smoking the foregoing, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of section 731 of the Code Of Civil Procedure of the state of California. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this code. (1960 Code)

ARTICLE F. BINGO GAMES

SECTION:

Pursuant to the authority granted by section 19 of article IV of the California constitution and sections 326.3 through 326.5 of the California Penal Code, the city hereby authorizes bingo games to be conducted within the city consistent with the provisions of this article. The provisions of this article shall be interpreted to be consistent with sections 326.3 through 326.5 of the California Penal Code. To the extent there are any inconsistencies, sections 326.3 through 326.5 of the California Penal Code shall prevail. (Ord. 14-997)

Words and phrases used herein shall be interpreted as set forth in this section.

BINGO: Game of chance in which prizes are awarded on the basis of designated numbers or symbols that are marked or covered by the player on a tangible card in the player's possession and that conform to numbers or symbols, selected at random and announced by a live caller.

CARD MINDING DEVICES: Handheld, portable devices to assist in monitoring the numbers or symbols announced by a live caller as those numbers or symbols are called in a live game.

DEPARTMENT: The department of justice.

ON SITE BINGO: A bingo game where the live caller is physically present at the same location as all of the bingo players.

PERSON: Includes a natural person, corporation, limited liability company, partnership, trust, joint venture, association, or any other business organization.

REMOTE CALLER BINGO: A bingo game in which the numbers or symbols on randomly drawn plastic balls are announced by a natural person present at the site at which the live game is conducted, and the organization conducting the bingo game uses audio and video technology to link any of its in state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned, leased, or rented by that organization, or as described in subdivision (o) of Penal Code section 326.3. (Ord. 14-997)

A. License Required: A license from the city is required to conduct a bingo game within the city. No person shall conduct a bingo game within the city without a license from the city.

B. Eligibility For License: The following organizations are eligible to obtain a bingo license from the city:

1. An organization exempt from the payment of the taxes imposed under the corporation tax law by section 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701k, 23701l, or 23701w of the Revenue And Taxation Code.

2. A mobilehome park association of a mobilehome park that is situated in the city of Temple City.

3. Senior citizen organizations.

4. Charitable organizations affiliated with a school district.

C. Additional Eligibility Criteria For Remote Caller Bingo License: If an organization eligible for a license under subsection B of this section seeks a license to conduct remote caller bingo, the organization must also meet the following requirements to be eligible for a license:

1. The organization has been incorporated or in existence for three (3) years or more.

2. The operation of bingo is not the primary purpose for which the organization is formed.

D. Application: The application shall be in a form prescribed by the city and shall be accompanied by a fifty dollar ($50.00) nonrefundable license fee. The city shall require the applicant to provide any such information and documentation as deemed necessary by the city to verify the applicant's eligibility for a bingo license.

E. Issuance And Term Of License: The license shall not be issued until the city has verified the facts stated in the application and determined that the applicant is qualified. A license issued pursuant to this section shall be valid until the end of the calendar year, at which time the license shall expire. A new license shall only be obtained upon filing a new application and payment of the license fee.

F. Denial Of License: If a license application is denied, the applicant will be refunded half of the license fee.

G. Revocation Of License: The fact that a license has been issued to an applicant creates no vested right on the part of the licensee to continue to conduct bingo games within the city. Any violation of any of the provisions of this article or of Penal Code sections 326.3 through 326.5, inclusive, shall constitute grounds for revocation of a license to conduct a bingo game and may further constitute grounds for the denial to the applicant or licensee of any future license to conduct additional bingo games within the city. At the request of the organization, the city council shall hold a public hearing before revoking any license issued pursuant to this article. (Ord. 14-997)

A. Use Of Proceeds: All proceeds from bingo games shall be kept in a special fund or account and shall not be commingled with any other funds. The proceeds of bingo games shall only be used for charitable purposes, except as follows:

1. The proceeds may be used for prizes.

2. Up to twenty percent (20%) of the proceeds before the deduction for prizes or two thousand dollars ($2,000.00), whichever is less, may be used for the rental of property and for overhead.

3. The proceeds may be used to pay license fees.

B. Minors Prohibited: Minors shall not be allowed to participate in any bingo game.

C. Location Of Games: An organization licensed to conduct bingo games shall conduct a bingo game only on property owned or leased by it, or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized. Nothing in this subdivision shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, that organization.

D. Public Participation: All bingo games shall be open to the public, not just to the members of the authorized organization. A person shall not be allowed to participate in a bingo game unless the person is physically present at the time and place where the bingo game is being conducted.

E. Staffing: A bingo game shall be operated and staffed only by members of the authorized organization that organized it. Only the organization authorized to conduct a bingo game shall operate such a game, or participate in the promotion, supervision, or any other phase of a bingo game. This subdivision does not preclude the employment of security personnel who are not members of the authorized organization at a bingo game by the organization conducting the game.

F. Third Party Interests: No individual, corporation, partnership, or other legal entity, except the organization authorized to conduct a bingo game, shall hold a financial interest in the conduct of a bingo game.

G. Card Minding Devices: Players may use card minding devices subject to the following provisions:

1. Card minding devices may not be used in connection with any bingo game where a bingo card may be sold or distributed after the start of the ball draw for that game.

2. The card minding device has been approved by the department as meeting the requirements of Penal Code section 326.5(p).

H. Signs: No signs shall be permitted advertising any bingo game at any location, except one sign on the site not to exceed six (6) square feet only during the day of the game.

I. Frequency And Hours: No location shall be used to, nor shall any licensee, conduct bingo games more often than one day per week. All games shall be conducted only between the hours of ten o'clock (10:00) A.M. to eleven fifty nine o'clock (11:59) P.M.

J. No Payment Of Wages: No person shall receive or pay a profit, wage, or salary from any bingo game, except as allowed by Penal Code sections 326.3(d) and 326.5(b). (Ord. 14-997)

The total value of prizes awarded during the conduct of any bingo game shall not exceed five hundred dollars ($500.00) in cash or kind, or both, for each separate game which is held. (Ord. 14-997)

A. Maximum Participation: No more than seven hundred fifty (750) people may participate in a remote caller bingo game in a single location, except as authorized by Penal Code section 326.3(j)(3) for remote caller bingo games for the relief of victims of a disaster or catastrophe.

B. Notice To Police: The organization operating a remote caller bingo site within the city shall provide the city's police department at least thirty (30) days' written notice of its intent to conduct a remote caller bingo game. The notice shall contain all of the information required by Penal Code section 326.3(j)(4).

C. Cosponsors: An organization shall not cosponsor a remote caller bingo game with one or more other organizations except as allowed under Penal Code section 326.3(o). All cosponsors must have a bingo license from the city.

D. Cash Prizes: The value of prizes awarded during the conduct of any remote caller bingo game shall not exceed thirty seven percent (37%) of the gross receipts for that game. Gross receipts shall be calculated in accordance with Penal Code section 326.3(p). Every remote caller bingo game shall be played until a winner is declared. Progressive prizes are prohibited. Prizes shall be paid by check only in accordance with Penal Code section 326.3(p). (Ord. 14-997)

Violation of any of the provisions of this article shall be punishable as a misdemeanor in the manner provided in this code. Notwithstanding the foregoing, a violation of subsection 4-1F-3J of this article is a misdemeanor and shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city. (Ord. 14-997)

ARTICLE G. BURGLAR ALARM SYSTEM

SECTION:

ALARM OWNER: The person who owns, leases, rents, uses or makes available for use by his agents, employees, representatives or family, any alarm system.

ALARM SYSTEM: Any device, whether known as a burglary, robbery or intrusion alarm, direct dial telephone device, audible or silent alarm or by any other name, which is used for the detection of an unauthorized entry into a building, structure or facility, or to signal the commission of an unlawful act. It shall include those devices which emit a signal within the protected premises only, are supervised by the proprietor of the premises where located, and are otherwise known as "proprietary alarm systems". Auxiliary devices installed by a telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system are not included in this definition.

AUDIBLE ALARM: A device designed to notify persons in the immediate vicinity of the protected premises by emission of an audible sound of an authorized entry on the premises or of the commission of an unlawful act.

DIRECT DIAL DEVICE: A device which is connected to a telephone line and upon activation of an alarm system, automatically dials a predetermined telephone number and transmits a message or signal indicating a need for emergency response.

FALSE ALARM: An alarm signal activated by causes other than the commission or attempted commission of any unlawful act which the alarm system is designed to detect. An alarm signal activated by violent conditions of nature or other extraordinary circumstances not subject to the control of the alarm owner shall not constitute a false alarm. (1960 Code; amd. Ord. 80-494)

No person shall use any alarm system which is equipped with a direct dial device, and which when activated, automatically dials any telephone number in any office or any public agency. (1960 Code)

For every audible alarm, the alarm owner or user thereof, shall post the names and telephone numbers of persons to be notified to render repairs or service during any hour of the day or night during which the audible alarm is operated. An audible alarm shall terminate its operation, or the audible alarm shall automatically reset, within thirty (30) minutes of its being activated. (1960 Code)

A person shall not knowingly turn in a false alarm. This section does not prohibit a test of an alarm system as permitted in advance by the sheriff. (1960 Code)

Any alarm system which generates more than three (3) false alarms in any twelve (12) month period shall constitute a public nuisance due to the inordinate response time and risk attributable thereto. No person shall own, use or operate any alarm system classified as a public nuisance hereunder. (1960 Code)

The provisions of this article are not applicable to audible alarms affixed to motor vehicles or to a public telephone utility whose only duty is to furnish telephone service pursuant to tariffs on file with the California public utilities commission. (1960 Code)

Upon the first violation of section 4-1G-4 of this article, the sheriff shall serve a written notice on the violator describing the violation and specifying that the causes of the violation shall be corrected within ten (10) days of the date of service of the written notice. No further action shall be taken provided that the sheriff determines that the causes of the violation have been removed or fully corrected within the time period specified in this section. (1960 Code)

Violation of any of the provisions of sections 4-1G-0 through 4-1G-6 of this article shall be deemed an infraction under subsection 1-2-0A of this code. Any alarm owner or user about to be cited for an infraction may avoid such process by paying a civil penalty to the city clerk of seventy five dollars ($75.00) for the first offense, one hundred fifty dollars ($150.00) for the second, and two hundred fifty dollars ($250.00) for the third and subsequent offenses. (1960 Code)

If any provisions or clause of this article or application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application, and to this end the provisions of this article are declared to be severable. (1960 Code)

ARTICLE H. BUSINESS REGULATIONS REGARDING SEXUAL ACTIVITIES

SECTION:

No adult business (as defined in section 9-1T-3 of this code) may maintain any closed area, booth, cubicle, room or other such area (within its place of business) that is or could be used for private sexual activity. No nudity or sexual activities shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any city inspector standing at the front door. Bona fide bathrooms are excepted. (Ord. 86-593)

Unless otherwise stated in this chapter, elsewhere in this code and the zoning code if applicable, the conditions imposed upon an operation and conduct of such business shall be set and/or modified by resolution of the city council. (Ord. 97-807)