HomeMy WebLinkAboutORD-03-98 Amend Sec 5.36.060 Arcade GamesORDINANCE NO. 3-
98 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTIONS 5.36.
060 AND 9.12.010 OF THE ORANGE MUNICIPAL
CODE RELATING TO ARCADE
GAMES.WHEREAS, state law has preempted the field of regulation of pay-
off
devices;and WHEREAS, state law permits devices which payout redemption tickets
as long as the device is predominantly a game of skill as opposed to
chance; and WHEREAS, City ordinances prohibiting such pay-off devices
allowed under state law are of no force
and effect; and WHEREAS, the City Council desires to amend City
ordinances regulating pay-off devices so that they are consistent with
state law and enforceable.NOW, THEREFORE, the City Council of the City of
Orange does
hereby
ordain as follows:SECTION!:Section 5.36.060 of the Orange Municipal Code is hereby amended
to read as follows:5.36.060 Specified Pay-Off Devices Prohibiled.
To the extent prohibited by state law, no person shaU conduct, carry on, or manage the business
of or maintain any machine,amusement device, game, or recreational device which, upon the insertion
of a coin, slug, or toktm in any receptacle operates or which may be operated for use as a
game of chance, if such game contains any pay-off device for the return of
slugs,
coin, money,
checks, tokens or merchandise."SECTION II:Section 9.12.010 of the Orange Municipal Code is
hereby amended to read as follows:9.12.010 Participation in Certain Games
of Chance Prohibited. It is unlawful for any person to deal, play, carryon, open, or cause to be opened,
or to conduct, either as owner or employee, whether for hire or not, any game of
pool, billiards, or any game not specified in Sections 330 or 330(a) of the Penal Code which is
played with cards, dice, billiard balls, pool balls, cues or other device for money, checks, credit
or 'thing of value' as defined in Section 330.2 of the Penal Code, except as provided in Section
5.36.060 and Chapter 5.95 of this Code."
SECTION III:
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each and every section,
subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to
wh(:ther any portion of lhe ordinance would be subsequently declared invalid or unconstitutional.
SECTION IV:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five days prior to the City
Council meeling al which this Ordinance is to be adopted. A summary of this Ordinance shall
also be published once within 15 days after ils passage in a newspaper of general circulation in
the City of Orange. The Cily Clerk shall post in the Office of the City Clerk a certified copy of
the full text of the adopted Ordinance along with the names of those City Council members
voting for and against the Ordinance in accordance with Government Code Section 36933.
Adopted this 10th day of February 1998.
ATTEST:
f I ,---;-i:.~'J..
tL~,~ /~-;r7/"oanne Coontz, Mayor /)
r . l_/d/Ad
Cassandra
Cacart,
CIty Clerk Ord.No.3-
98 2
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Ordinance was introduced at the regular meeting of the
City Council held on the 27th day of January , 1998, and thereafter at
a regular meeting of said City Council duly held on the 10th day of
Februarv , 1998, was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
7
UrI~/lA~ Jl-
l~Cassandra CatMrt, City
Clerk DAD:
ajj 3 Ord.No.