HomeMy WebLinkAboutResolution No. 5227 RESOLUTION NO. 5227
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, AFFIRMING THE REVOCATION
OF THE BILLIARD ROOM /POOL TABLE PERMIT
ISSUED TO FRED F. HENSLEY ON MARCH 1,
1989 AND APPLICABLE TO PROPERTY LOCATED
AT 9067 IMPERIAL HIGHWAY, CITY OF DOWNEY.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey
does hereby find, determine and declare that:
A. Fred F. Hensley (the "Appellant ") possesses a
Billiard Room /Pool Table Permit pursuant to Section
6565, et seq. of the Downey Municipal Code applicable to
the business located at 9067 Imperial Highway in the
City of Downey (the "Permit ").
B. On August 28, 1989 and on September 4, 1989,
the Downey Police Department observed gambling
activities which involved the billiard or pool table
located on the premises pursuant to the Permit.
C. Pursuant to the Downey Municipal Code, the
Appellant was notified by the Downey Police Chief that
the Permit was revoked for violation of Sections 4401
and 4402 of the Downey Municipal Code.
D. The Appellant appealed the decision to revoke
the Permit, and a hearing on the appeal was set for the
regular meeting of the City Council on October 30, 1989.
E. On October 30, 1989, the City Council
conducted a hearing on the appeal of the revocation of
the Permit and carefully considered all of the evidence
received at the hearing, including evidence and testimony
from the Appellant and from the City, represented by the
City Prosecutor.
SECTION 2. Having considered all of the oral and
written evidence presented to it at the hearing, the City
Council finds, determines and declares that:
A. The Appellant has kept, conducted, or
maintained within the City a house, room, apartment,
office, or place where any game not mentioned in
Sections 330 or 330a of the Penal Code of the State is
played, conducted, dealt or carried on with cards, dice,
balls, billiard balls, pool balls, cues, or any other
devices for money, checks, chips, credit, or any other
representative of value, or for merchandise, or for
anything of value in violation of Downey Municipal Code
Section 4401. Specifically, the Appellant used and
allowed to be used the billiards or pool table located
on the premises for gambling activities consisting of a
billiards or pool tournament and betting upon the
actions of a chicken as described in the evidence.
Resolution No. 5227
B. The Appellant has permitted a house, room,
apartment, office, or place owned by the Appellant or
under the Appellant's charge or control in the City to
be used in whole or in part for playing, operating,
-- conducting, dealing, or carrying on therein a game or
device not mentioned in Sections 330 or 330a of the
Penal Code of the State, with cards, dice, balls,
billiard balls, pool balls, cues, or other devices for
money, checks, chips, credit, or any other representa-
tive of value, or for merchandise, or for anything of
value in violation of Downey Municipal Code Section
4402. Specifically, the Appellant used and allowed
to be used the billiards or pool table located on the
premises for gambling activities consisting of a
billiards or pool tournament and betting upon the
actions of a chicken as described in the evidence.
C. The activities described in this Section 2
endanger the public welfare or the peace, health or
safety of the City or its inhabitants.
SECTION 3. Based upon the findings set forth in
Sections 1 and 2 of this Resolution, the City Council of the
City of Downey hereby affirms the decision of the Police
Chief, revoking the Billiard Room /Pool Table Permit issued
to Fred F. Hensley on March 1, 1989 and applicable to
property located at 9067 Imperial Highway in the City of
Downey.
SECTION 4. The City Clerk shall certify to the
adoption of this Resolution.
SECTION 5. The City Clerk shall send a certified
copy of this Resolution to the Appellant at the address
shown on the Notice of Appeal, or as set forth in the
testimony or evidence at the hearing thereon. Such mailing
shall constitute notice to Appellant in accordance with Code
of Civil Procedure Section 1094.6 and any action to review
this decision of the City Council shall be commenced not
later than the ninetieth (90th) day following the adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED this 30 thday of
October , 1989.
,- RANDALL R. BARB, MAYOR
ATTEST:
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CITY CLERK
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Resolution No. 5227
I HEREBY CERTIFY that the foregoing Resolution was
duly adopted by the City Council of the City of Downey at a
regular meeting thereof, held on the 30th day of
October , 1989, by the following vote of the
Council.
AYES: 5 COUNCILMEMBERS : Hayden, Paul, Cormack, Boggs, Barb
NOES: 0 COUNCILMEMBERS None
ABSENT: 0 COUNCILMEMBERS None
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CITY CLERK
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