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ORDINANCE 1223ORDINANCE NO. 1223 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALI- FORNIA, AMENDING CHAPTER 5.28 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED POOLROOMS AND BILLIARD ROOMS, BY AMENDING SECTIONS 5.28.020 AND 5.28.080, DELETING SECTION 5.28.060 AND ADDING NEW SECTION 5.28.015. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5.28.010 of Chapter 5.28, Title 5 of the El Segundo Municipal Code shall be amended to read as follows: 5.28.10 APPLICATION AND PERMIT - FEES. As provided for in Section 5.04.125 of this title, it is unlawful for any person to conduct, carry on, operate or maintain in the city, any public poolroom or billiard room without a written application for permit or renewal of such permit therefor granted by the city council. The permit shall be required in addition to any license required by any ordinance of the city. The permit shall be grant- ed, conditionally granted or refused by the city council, in its discretion, upon formal written application, therefor by the person, and the application shall specify the name of the person applying for the permit and the location of the premises where it is pro- posed to conduct the poolroom or billiard room, and that the applicant is the only person to be in any manner connected with the management and control of the poolroom or billiard room. The application shall be accompanied by a non - refundable fee which is established to cover the cost of the investigation and processing of applications. SECTION 2. Section 5.28.020 of Chapter 5.28, Title 5 of the El Segundo Municipal Code shall be amended to read as follows: 5.28.020 PERMIT - REVOCATION Any poolroom or billiard room permit issued pursuant to this chap- ter may be revoked by the City Council for cause, which would include but not be limited to, a public nuisance, an action which is intrusive to adjacent residential areas, a violation of any provision of this chapter, the El Segundo Municipal Code, or any other law. Revocation proceedings may be initiated by the City by giving the permittee at least five days prior notice in writing of the grounds for the revocation of his or her permit and the time and place of a hearing before the City Council and shall require him to show cause why his permit shall not be revoked. The service of such grounds and notice of the hearing shall be done by depositing the same in the United States mail, addressed to the applicant at his address given in the application. At any such hearing the permit- tee shall be given an opportunity to be heard and defend himself or herself, and he or she may call witnesses on his or her behalf. After conducting such hearing, the City Council may revoke, suspend or further condition any permit held by such permittee. The City shall notify the permittee thereof in writing within three days after the decision. If the violation which forms the grounds for the proposed revocation continues after the original notifica- tion of such violation to the permittee, the City Manager may suspend the permit until the time of the hearing. Such suspension shall be effective immediately upon giving written notice thereof to the applicant or the person in charge at the poolroom or billiard room. During such suspension, no person shall be allowed to play pool or billiards on the permittee's premises. SECTION 3. Section 5.28.080 of Chapter 5.28, Title 5 of the El Segundo Municipal Code shall be amended to read as follows: 5.28.080 HOURS OF OPERATION No pool or billiard room shall be kept open on any day between the hours of two a.m. and six a.m. SECTION 4. Section 5.28.060 of Chapter 5.28, Title 5 of the El Segundo Municipal Code entitled "MAINTENANCE OF PRIVATE ROOMS PROHIBITED" shall be deleted in its entirety. SECTION 5. Section 5.28.015 shall be added to Chapter 5.28, Title 5 of the El Segundo Municipal Code to read as follows: 5.28.015 BILLIARD ROOMS - DEFINED A poolroom or billiard room is any commercial premises which has available for the use of its patrons three or more pool and /or billiard tables, or which utilizes more than thirty percent of total floor area for the play of pool or billiards. SECTION 6. This ordinance shall become effective at midnight on the thirtieth day from and after final passage and adoption hereof. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopt- ed; and shall within fifteen days after the passage and adoption thereof, cause the same to be posted in City Hall or published once in the El Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of El Segundo and which is hereby designated for that pur- pose. PASSED, APPROVED AND adopted Ong Ju e 7, 1994. CarFJacob n, ayor of the City of El Segundo, California ATTE . Cindy o esen City Clerk (SEAL) A ROVED AS TO FORM: Leland C. Dolley, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO L Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1223 is a full, true correct original of ORDINANCE NO. 1223 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 5.28 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED POOLROOMS AND BILLIARD ROOMS, BY AMENDING SECTIONS 5.28.020 AND 5.28.080, DELETING SECTION 5.28.060 AND ADDING NEW SECTION 5.28.015. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 71H DAY OF JUNE, 1994, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Robbins and Councilwoman Friedkin. NOES: NONE ABSENT: Councilman Switz NOT PARTICIPATING: NONE I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO 1223, was posted and /or published in the manner prescribed by law. INDY RTE EN City Clerk of the City of El Segundo, California (SEAL)