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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-'