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O969 .. GEP:SIS:shr e e 7-31-74 .. ORDINANCE NO. 969 eCCS) (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6204W TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE TO LICENSE "FLIPPER" IolACHINES THE CITY COUNCIL OF THE CITY OF SANTA MONICA HEREBY ORDAINS AS FOLLOh'S: SECTION 1. Section 6204N is hereby added to Article VI of the Santa Monica Municipal Code to read as follows: Section 6204W. "F11pper" mach1nes. 1. No existlng section of the Santa Monica Municipal Code will be interpreted to outlaw the public or private possession, malntenance or operation of the game commonly known as "Fllpper", and as described hereafter. 2. For purposes of the Santa Monica Municipal Code, the game commonly called "Flipper" shall be defined as a game of skill, played generally upon a glass- covered rectangular table, the plaY1ng surface of which is an inclined plane onto which the player propels a metal ball. A square backboard lS mounted vertically at the back of the table for the purpose of register- lng the player's score, which lS done automatically and electrically. Normally, to actlvate the machine the player inserts a COln which automatlcally animates the plaY1ng fleld and backboard and mobilizes the mechanism for the game to begin. There are small flippers' (from whence its name) or mechan1cal bats {generally two 1n number normally located on each slde of the plaYlng surface near the bottom of the -1- . ''--./' . "'-/ lncllne) WhlCh the player may actuate by presslng a button to strlke the ball back into the field of play agaln. Before the ball goes out of play, and as it contacts varlOUS targets and play features, it causes various electrical contacts, each of which increase the numerlcal or other score that is instantaneously indl- cated on the scoring counter on the backboard. No games issues or grants the rlght to rece~ve any merchan- dise, tokens or anything of value; each game is prlmarlly a game of skill, offering and providing only recreatlon, leisure and amusement. 3. Except as provided below with regard to obtalning extra or free games, it shall be unlawful to award or be awarded any type of award or prlze as a result of playing a "Flipper" game, whether in the form of money, tokens, merchandise, or anything of value whatsoever. 4. Each "Fllpper" machine shall be regulated to lnsure that the max1mum number of games Wh1Ch can be e1ther obtained through the play of one game or accumulated 1S ten (10); each "Fllpper" rnach1ne shall be so regu- lated to 1nsure that the only way extra or free games can be removed 15 by plaY1ng them off one at a t1me, i.e., the device (if there is such a devlce on the mach1ne) which permits the removal of accumulated free games without the necess1ty of play~ng them off 1n a one-at-a-tlme basis shall be rendered lnoperatlve. 5. It shall be unlawful for the owner of any "Fllpper" game to cause the aforesaid game to be placed 1n any bU1lding or area, whether public or private, w1thout first obtaining the appropriate llcense from the C1ty -2- of Santa Monica. Further, it shall be unlawful for the owner, lessee, or llcensee of any building or area, whether public or private, to allow any "Flipper" machine to be operated upon his premises WhlCh has not been licensed by the Clty of Santa Monica. 6. The license for the game commonly called "Flipper" shall be $25.00 per machine per annum. 7. Each such license shall bear on its face the number of the machine lt was purchased for and a specific description of the game. Such llcense, or a true copy thereof, shall be attached directly to the machine ln a consplcuoUS place. 8. The refusal to grant or renew a llcense under this Sectlon shall be subject to appeal and review in accordance with the procedures for the License Appeals Board contalned in thlS Code. SECTION 2. Any provision of the Santa Monica Municipal Code, or appendices thereto, inconsistent herewlth, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of thlS ordlnance. SECTION 3. If any seetlon, subsectlon, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a declsion of any court of competent Juris- diction, such decislon shall not affect the validlty of the remaining portions of the ordlnance. The Clty Council hereby declares that it would have passed thlS ordlnance and each and every sectlon, subsection, sentence, clause or phrase not declared invalid or unconstltutional without regard to whether any portlon -3- .- e e of the ord~nance would be subsequently declared invalid or unconstitut~onal. SECTION 4. Any person violating any of the provisions of this ord~nance shall be gu~lty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceed~ng Five Hundred ($500) Dollars or six (6) months ~n the county Jail of Los Angeles County, or by both such fine and imprisonment ~n the discretlon of the court. SECTION 5. The Mayor shall sign and the Clty Clerk shall attest to the passage of this ordinance. The Clty Clerk shall cause the same to be published once in the off~cial newspaper within fifteen days after its adoption. This ordinance shall become effective after thirty days from its adoption. ADOPTED this 3rd day of September , 19~4. ~-;; --4"/ t;Ji~ Cf-I'~~'L-- Mayor ATTEST: f;~Q ~" ! Cl t Clerk ( -4- 9 e e STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55. CITY or SAJ."\JTA ~IONICA I do hereby certify that the foregoing ordinance was on the 27th duly and regularly 1ntroduced at a meeting of the C1ty Council , 1974; that thereafter day of August the sa1d ordinance was duly adopted at a meeting of the City , 1974 by the Council on the 3rd day of September follow1ng vote: AYES: NOES: ABSENT: APPROVED AS TO FORM: (7~j j . 'V r C1ty Attorney Counc11rnen: Judson, Lawson, Swink, Trives, van den Steenhoven, Hoover Councl.lmen: McCloskey Councilmen: None ';;:11' tJ ~ I v~ ;' C1 Clerk' -5-