HomeMy WebLinkAbout0345
ORDINANCE NO. 345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
l'ROHIBITIlG CERTAIN GAMBLING GAMES, GAMES OF CHANCE, DECLARIID
CERTAIN !'LACES GAMBLIID HOUSES AND DECLARING CERTAIN GAMES, l'LACES
AND ACTS l'UBLIC NUISANCES AND EROVIDING A PENALTY FOR THE VIOLATION
THEREOF.
TEE CITY COUNCIL. OF THE CITY OF ARCADIA DOES ORDAIN AS
FOLUlWS:
SECTION 1:
That it shall be unlawful for any person,
firm or corporation, either as ~incipal, agent, employee, servant
or otherwise, to conduct, cause to be conducted, carry on, cause to
be carried on, open, cause to be opened, manage, control, operate,
direct, supervise, any geme, any throwing ball game, bean geme,
card game, chip game, wheel game, pin game, dart game or any similar
game not mentioned in Sections 319, 320 and 330 of the Penal Code
of the State of California, within said City of Arcadia, the result
of which is dependent upon chance or upon skill and chance, which is
played simultaneously by one or more persons who have paid or who
have promised to pay a consideration for the privilege of participat-
ing therein, whether such consideration be a bet, wager, admission or
entrance fee and the result of which game is determined by the in-
dividual or joint playing of such person or persons or the person or
persons conducting, causing to be conducted, carrying on, causing to
be carried on, opening, oausing to be opened, managing, controlling,
operating, directing or supervising the game, and upon which result
prizes, merchandise, money, representative or artiole of value,
checks, certificates, paper, tokens, redeemable in or exchangeable
for money or any other thing of value are awarded, whether the game
be called Tango, Keno, Beano, Fortune, Skill Ball, Skill Vfueel, or by
whatever name the game may be known as or called.
SECTION 2:
That it shall be unlawful for any person, firm
or corporation to buy, purchase, discount, or redeem any prize, mer-
ohandise, representative, article, check, oertificate, paper, token,
-1-
od 3y1o-'
awarded or given at any plaoe in the City of Aroadia whereat any
game prohibited by this Ordinanoe, by Seotions 319, 320 and 330 of
the Penal. Code of the state of California, or prohibited .by any
other Seotion of the Penal. Code of the state of California.
SECTION 3: That it shall be unlawful for any person to
play at, bet at or against any game mentioned in this Ordinanoe or
any game mentioned in Seotions 319, 320 and 330 of the Penal Code
of the State of California.
SECTION 4: That it shall be unlawful for any person to
become an inmate of or a visitor to any gambling house or place
where gambling is being conducted or carried on, in the City of
Arcadia.
The enclosure of a horse race track, when licensed by
the California Horse Racing Board, shall not be deemed a gambling
house or place, so long as the wagering is oonfined to plori-mutuel
wagering upon the result s of a horse race.
SECTION 5: GAMBLINi HOUSE OR PLACE DEFINED.
1. Any house, building, shed, struc ture, place,' lot or par-
cel of land in the City of Arcadia, whereat any game is played with
aards, dice, chips, balls, beans, wheels, pins, darts, billard
balls, pool balls, oues, machine, contrivance, appliance, money,
tokens, slugs, paper, certificates, mechanical machine, mechanical
device, or any similar devic e, for money, cheoks, chips, credi t,
prizes, merchandise, any article representative of value, certifi-
oate, paper, token when redeemable in or exchangeable for money or
any thing of value, where money or ~ything of value or any repre-
sentative of value is risked, staked or hazarded on the result of
the game, is hereby declared to be a nuisanoe and to be inoluded in
the term "gambling house or place".
2. Any house, building, shed, structure, place, lot or p.rcel
of land in the City of Arcadia, whereat any book, books, paper,
papers, apparatus, device, paraphernalia or any thing or device is
-2-
c:Jd 3'Y6-'
kept for any period of time whatsoever for the purpose of recording
or registeri%1g any bet, bets, wager or wagers upon the result or pur-
ported result of any trial, purported trial, contest or purported
oontest of skill, sp~ed or power of endurance between men or beasts,
horses or any mechanical apparatus, is hereby declared to be a
nuisance and to be included in the term "gambling house or place".
Provided, the enolosure of a horse race track when licensed by the
California Horse Racing Board shall not be deemed a gambling house
or place, so long as the book, books, papers and apparatus are kept
by the lioeneee to record wagers made through the pari-mutuel
machines at licensee's track.
SECTION 6: That it shall be unlawful for any pE!t'son,
firm or corporation, either as principal, agent, employee or other-
wise, to keep, conduct, or maintain within said City of Arcadia, any
house, room, apartment or place used in whole or in part as a place
where any game mentioned in Sections 319, 320 or 330 of the Penal
COde of the State of California, is played, conducted, dealt or
carried on with cards, dice, billard balls, pool balls, cues,
machine, contrivance, appliance, mechanical device or any other
similar device, upon the result of action of which money or any
other valuable article or thing is bet, wagered, staked or hazarded.
SECTION 7: That it shall be unlawful for any person,
firm or cor porati on, either as prinoipal, agent, employee, servant,
or otherwise, within the City of Arcadia, to deal, play, carryon,
open/oause to be opened, conduct, manage or control any game played
with cards, dice, chips, tokens, card machines, marble machines,
balls, ball machines, oontrivance, appliance, mechanical machine,
mechanical dElvice, upon the result of which game, money or other
val us ble thing, wb.ethe.r in the form of money, chips, paper, certi-
ficates, tokens, oral agreement or promise to pay is staked or
hazarded, whereof, or as a result of the operation of the game,
scheme,play, any money, merchandise, representative or article of
-3-
ad. SL)6.J
value, ohecks, chips, paper, certificates, cards or tokens re-
deemable in, or exchangeable for money or eny other thing of value,
is won or lost, or taken from, obtained from, received from or en-
titles the player to reoeive from the operator, owner, managar or other
person conducting the game, card maohi ne, marble machine, ball
machine, contrivance, appliance, mechanical machine, mechanical de-
vice or other instrument.
SECTION 8: That it shall be unlawful for any person.
firm or corporation to build, erect, o~nstruct, place in or install
any building, house, box house or other structure in any tree in said
City of Arcadia, without first obtaining a permit in writing from the
Building Inspector of said City of Aroadia.
SECTION 9: Declaring Trees and Houses Used as Lookout a
Nuisance.
1. The City Council of the City of Arcadia has investigated
and considered the practice and conditions under which certain per-
sons in the City of Arcadia use trees, stables, houses, buildings,
derricks and soaffolds far the purpose of looking into Santa Anita
Park, a horse race track, with field glasses and other instruments,
and has investigated end considered the information furnished to
bookmakers, touts and others, and has investigated and considered
the danger to the publi~ morals, publio safety, peace and safety and
general welfare which my result from such practice.
2. It shall be unlawful for any person, firm, assooiation or
corporation, to use any tree, pole, soaffold, ladder, derrick, house,
building, shed, stable, structure, bag, gas bag, balloon, or any
other similar structure, within the City of Aroadia, for the purpose
of looking into the enclosure of any horse race track licensed by
the Californ~ Horse Racing Board, with field glasses, telescope,
binocle, binocular, opera glass or with any other article, object
or thing.
-4-
od. 3''/~
Any tree, pole, scaffold, ladder, derrick, building, house,
shed, structure', bag, gas bag, balloon, place, bax or lot where any
act or acts prohibited by Section 9 of this Ordinance is done, oarried
on or committed, is hereby declared to be a public nuisance.
SECTION 10: Reoeiving or Paying Bets or Wagers.
1. The City Counoil of the City of Arcadia has investigated and
oonsidered the praotioe. by whioh the business of solioi ting, recei v-
ing, transmitting or paying bets or wagers on horse raoes, has been
oarried on within the City of Aroadia, and other plaoes, and the City
Counoil of the City of Aroadia has investigated and considered the
danger to the publio morals, publio health, peaoe, public safety and
general welfare whioh results from suoh practices.
2. It shall be unlawful for any person, firm, association or
corporation, within the City of Aroadia, except within the enclosure
of a horse race track, when said track is aotually lioensed by the
California Horse Racirg Board, to engage in or oonduct a business of
reoeiving bets or wagers made, or to be made, on the results of any
horse race, for the purpose of transmitting or delivering suoh bsts
or wagers to any place or raoe track where suoh a rEl:ce is to be run,
is being run or has been run, or of reoeiving, transmitting or de-
livering any bets or wagers won as a result of any. horse race, whether
such bets or wagers are made or are to be made at such plaoe or race
track under the pari-mutuel systan. of betting or any other system, and
any such business or prEl:otice is hereby deolared to be a public nui-
sance, and detrimental to the public morals, publio health, peace,
safety and general welfare, by whatever name the business may be
called, as pari-mutuel agenoy, turf agency or.any other name.
3. That it shall be unlawfUl for any person, firm, assooiation
or corporation, whether for gain, hire, reward, gratuitously, or
otherwise. to receive, hold, forward in any manner whatsoever, any
money, thing, oonsideration of value, or the equivalent or memorandum
thereof, staked, bet, wagered, or to be staked, bet or wagered, or
-5-
tJd .;j' Y6--'
offered for the purpose of being staked, bet or wagered upon the
result of any horse raoe.
4. It shall be unlawful for any person to vieit, frequent or
be preeent at or within any house, room, apartment, stand or plaoe
used in whole or in part ae a place wher e any person or pe rsoDS re-
ceives, holds or forwards, or purports or pretends to receive, hold
or forward, in any manner whatsoever, any money. thing or consider-
ation of value, or the equivalent or memorandum thereof, staked,
pledged. bet or ~agered. or to be staked, pledged, bet or wagered,
or offered for the purpose of being staked, pledged, bet or wagered,
lipon the result, or purported result. of any trial, or purported
trial. or contest, or purported contest, of skill, speed or power
of enduranoe of man or beast, or between men, beasts, or mechanical
apparatus, or upon the result, or purported result, of any lot.
chance, oasualty unknown or contingent event whatsoever.
Provided, thie Section shall not apply to the encloeure
of a horse raoe track when licensed by the California Horee Racing
Board and the wagering in said track is placed through the pari-
mutuel machinee.
SECTION 11: If any section or provision of this Ordinanoe
shall be held to be invalid or unconstitutional, it Shall not affect
any other previs ion thereof. and. t he City Council of the city of
Arcadia hereby declares that it adopte every provision separately.
and even though any other provisioIlS mBiY be deolared to be invalid or
unconstitutional.
SECTION 12: This Ordinance is hereby declared to be an
urgenoy measure necessary for the immediate preservation of the public
peace. health and safety, and the faots constituting such urgency. are
as follows:
That. Ordinanoe No. 320 has been found. insuffioient to pro-
hibit certain gambling games; that on account of certain conditions
arising in the City of Arcadia, certain unscrupulous persons are
-6-
~/l-d. 3'0;...J
attempting to establish themselves in the City of Aroadia, and on
aooount of the :raoing meet opening at Santa Anita Park on Deoember
25th, 1936, the present 0 rdinano es of t he City of Aroadi a are found
inadequate to take oare of oertain oonditions and it is neoessary
that this Ordinanoe be adopted in order to preserve the publio peaoe,
health and safety, as to the matters and things mentioned in the
foregoing Ordinance.
SECTION 13:
That any Ordinanoe or part of Ordinanoe in
oonfliot with this Ordinanoe is hereby repealed.
SECTION 14:
That any person, firm, assooiation or corpor-
ation violating any of the provisions of this Ordinance, shall be
deemed guilty of a Misdemeanor, ,and upon conviotion thereof, shall be
punishable by a fine not exoeeding Three Hundred ($300.00) Dollars,
or by imprisonment in the City Jail of said City of Aroadia, or in
the Count y Jail of the County of Los Angele s, State of Cal ifornia, at
the disoretion of the oommitting magistrate, for a period not exceed-
ing three (3) months or by both suoh fine and imprisonment.
SECTION: 15:
The City Clerk shall oertifY to the adoption
of this Ordinanoe and shall oause the same to be published onoe in
The Aroadi a Tribune, a daily newspaper published and oirculated in
said City of Aroadia, and thereupon the same shall take effeot and
be in foroe.
I hereby certify that the foregoing Ordinanoe was adopted
at a regular meeting of the City Counoil of the City of Aroadia, held
on the 1st day of Deoember, ,1936, by the affirmative vote of
at least three Councilmen., to-wit:
AYES:
Councilmen, Corby, Griffitts, Hoffman end !.:cLean
NOES: None
ABSENT: Councilman Daniels
~~
C lerk
Signed and approved this 1st
day of December . 1936.
AT~~
City Cler
-7-
rA~w.~
Mayo
C/LJ .;J'Y6-'