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HomeMy WebLinkAbout0299 1 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA LICENSING AND REGULATING ROBBE R40E MEETINGS AND 4 WAGERING ON THE RESULTS THEREOF, AND PROVIDING PENALTIES FOR VIOLATION THEREOF. ORDINANCE NO. 299. 5 6 THE CITY COUNCIL OF THE CITY OF ARCADIA DO ORDAIN AS 7 FOLLOWS: 8 SECTION 1: It shall be unlawful for any person, 9 association or corporation. either as principal or agent. clerk 10 or employee, either for himself or for any other person or for 11 any body oorporate or as an offioer of any oorporation or other- 12 wise, to commenoe or oarry on within the oorporate limits of 13 said'City of Arcadia, any business, trade, profession, horse 14 raoe, horae raoes or raoing meet where wagering or betting upon 15 the results thereof by the system known as pari mutuel method 16 is permitted by the laws of the State of California. without 17 first having procured a lioense from said City of Arcadia to do 18 so; and each and every day or fractional. part of a day that said 19 business, trade. profession, horse race, horse races or racing 20 meet in this Ordinance speoified, is oonducted, permitted or 21 oarried on without such license shall oonstitute a separate vio- 22 lation of this Ordinance. 23 SECT! ON 2: The amount of such lioense as speoified 24 in this Ordinance shall be deemed ,a debt due. said City of 25 Arcadia and such person shall be liable in an action in the 26 name of the City of Aroadia in any court of competent juris- 27 diction for the amount of the lioense for such business, trade. 28 profession, horse race, horse races or raCing meet, as shall be 29 engaged with costs of suit. 30 SECTION 3: Each person. firm or oorporation having a 31 license under any provisions of this Ordinance and oarrying on a 32 business, trade, profession, horse race, horse races or raCing -1- ~o/ o<'Fy 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 meet at a particular place of business, shall keep such license posted and exhibited, While the same is in progress, in same oonspiouous pert of said plaoe of business; all persons, firms or oorporations having a lioense as provided in this Ordinance shall produce or exhibit the same when applying for a renewal thereof or whenever requested to do so by any polioe officer or any offioer authorized by this Ordinance to issue, inspect or Qollect lioenses. SEOTION 4: The Ohief of Police or lioense oolleotor or any deputy thereof shall have and exeroise the power to make arrests for the violation of any of the provisions of this OrdinaDO e. Second - The Chief of Police or lioense oolleotor or any regular appointed police officer of the City of Arcadia, or the Ohief of Police or license collector and any regular appointed police officer of the City of Arcadia, shall have and exeroise the power to enter, free of charge, at any time, in any plaoe of business for which a lioenseis required and provided, and to de- mand the exhibition of suoh license for the ourrent term, from any person, firm or corporation sngaged or employed in the trans- aotion of such business, trade, profession, horse raoe, horse races or racing meet. If such person, firm or oorporation shall then and there fail to exhibit such license, such person, firm or oor~oration shall be liable to the penalty provided in Section 13 of this Ordinance. SECTION 5: No lioense granted under any of the provisions of this Ordinance shall be assignable or transferr- able, and no person who surrenders his license shall be entitled to any refund on account thereof. SECTION 6: The rates of license for the business, trade, profession, horse raoe, horse races or racing meet hereinafter named shall be and the same ere hereby fixed and -2- U'.M}! ..;7 P f' :t.~";)t.\) 5 ~~ ~o. r:R..\). 331 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 established for and within the corporate limits of said City of Arcadia according to schedule hereinafter specified in Section 7. SECTION 7: A Lioense of One Hundred ($100.00) Dol- .lars per day for each person. firm or oorporation engaged in, managing or oarrying on any horse raoe, horse .raoes or racing meet, where wagering or betting upon the results thereof by the system known as pari mutuel method is permitted by the laws of the State of California. The license mentioned in this Ordinanoe shall include the lioense fee imposed by Ordinanoe No. 232 of the Oity of Aroadia, and shall be in lieu of all and every lioense for any and all business, oonoessions oonducted, operated or maintained 1n connection with the oonduct of such raoe traok within the boundaries of the property owned by the licensee and used in oonneotion with the operation or maintenance of said raoe traok, whether said business or conoessions are operated by the owner of said raoe traok or by any other firm. person or oorporation under agreement or lease by said ovmer. SECTION 8: Every lioense issued pursuant to this Ordinanoe shall specify the person, firm. assooiation or oorpor- ation to whom the same is issued, the plaoe or traok where suoh horse raoe, horse raoes or raoing meet is to be held or con- 25 ducted~ and the days or dates upon which the same will be per- mitted, and shell reoite the payment.to and receipt by the City Clerk or Chief of Police, of the license fee herein provided. The lioense shall not apply to any plaoe, tract or enolosure exoept the one specified in the license. 26 27 28 29 30 31 32 SECTION 9: It shell be the duty of theCi ty Clerk of said City of Arcadia to prepare and issue a lioense under this Ordinance for the person, firm or corporation liable to pay a lioense hereunder. duly signed by said C1 ty Clerk, and -3- t:Jd R'77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 to state in such license the amount thereof, the name of the person, firm, association or corporation to whom the same is issued, the place or tract where such horse race, horse races or raCing meet is to be held or conducted, and the days or dates upon which the same will be permitted, and shall recite the payment to and rsceipt by the Oity Clerk or Ohief of Police of the license fee herein provided. Said City Clerk shall deliver suah lioense .to the Chief of Police or License Collector of said City of Arcadia for collection, taking his receipt for the same and said City Clerk shall report to the City Oouncil at its regular meeting in each month, the aggregate amount of such licenses so de- livered to the Chief of Police or License Collector during the previous month. Said Chief of Police or License Collector shall proceed at once to oollect the same, and shall on or before the first Monday in each month, deliver to said City Clerk, a com- plete list of all lioenses oollected by him for the previoue month, and alsO a list of all persons whom he believes not to be on the license list end who should be charged with the payment cf a license; end he shall pay over to the City Treasursr of said City of Arcadia the amount of all licenses colleoted by him during the preceding month, end shall take a rsceipt from the City Treasurer for same, which he shall deliver to the City Clerk, and shall report the amount thereof together with the amount of delinquencies to said City Oouncil at its regular meeting each month, No licenses for any of the bueinesses, trades, pro- fessions carried on by any person delinquent for payment of any license fee hereunder, shall be issued to such person, either directly or indirectly, until payment of all license fees due as specified in this Ordinance from such persons, together with all costs. -4- ?ld 29'7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SECTION 10: A separate lioense must be obtained for eaoh branoh; establiShment or separate plaoe of business in which the business. trade, profession, horse raoe, horse races or raoing meet is oarried on, and eaoh lioansB shall authorize the party obtaining it to oarry on or pursue or oonduct only that business; trade, profession, horse raoe, horse races or raoing meet as is desoribed in such license, and only at the looation or place of business Which is indicated therein. All lioenses. unless otherwise expressly stated herein. shall be paid in advance in legal aurrenoy of the United States of America, at the offioe of said Chief of Polioe or Lioense Collector of said City of Aroadia. SECTION 11: There shall be no wagering or betting on the results of any such horae raoe or horse raoes, except under the pari mutuel or mutual method 'of wagering, and then only by the installation end use of the totalisator or such equipment ~. ... as may be adopted by the California Horse Racing Board,.oreated by Chapter 769 of the Laws of 1933, and approved June 5; 1933. Only wagering or betting on the results of any such horse raoe or horse raaes under the system hown as the pari !Dlltue1 method of wagering shall be conduated by such license and only wi thin the enolosure and only on the day or date for which 22 23 24 25 26 27 28 29 30 31 32 such horse raae or horse races have been licensed. All other forms of wagering or betting on the result of a horse raoe shall be and remain unlarlul and any and all wager- ing Or betting on a horse race or horae races outside the enclos- ure Where such horse race or horse raaes have been licensed, shall be unlawful. SECTION 12: npersonn, as used in this Ordinance, meana and inoludes every natural person. partnership, club, sooial club, association, company, aorporation, organization, or manager. agent, servant, officer, or employee of any of them. -5- ?7Ad ..797 ,. 1 SECIHON 13: . A:n.y person who shall for himself .o;r for 2 any other person or persons or for any body oorporate or other- 3 wise, commence or carryon any business, trade, profession, 4 horse race or raoing where wagering or betting upon the results 5 thereof by the system knOVlll as pari mutuel method is permitted, 6 without first having prooured suoh license, shall for every. 7 violation of this Ordinance be gull ty of a misdemeanor. and upon 8 oonviotion in; any oourt of oompetent jurisdiotion. shall be fined 9 therefor in the sum not exoeeding Three Hundred ($300) Dollars or 10 be imprisoned in the City Jail of the City of Arcadia or in the 11 County Jail of the County of Los Angeles, California. at the dis- 12 oretion of the oommitting magistrate. for a term not exceeding 13 three (3) months. or by both such fine and imprisonment. 14 SECTION 14: This Ordinance is deolared to be an 15 urgency measure. neoessary for the immediate preservation of the . 16 public peaoe, health and safety, and the faots constituting suoh 17 necessity are as follows: 18 Whereas, a horse raoing meet is to be held within the 19 oorporate limits of the City of Aroadia, beginning on December 20 25th, 1934~ and continuing for approximately fifty-three (53) 21 days; and that it is expected that several thousand people will 22 attend said r~oing meet; and 23 Whereas. the City of Aroadia does not have any ordi- 24 nance lioensing or regulating horse raoes or horse raoing meets, 25 and as it is neoessary that a license and regulatory ordinanoe 26 be adopted before said racing meet begins, in order that the 27 City may reoeive revenue, and in order that the public peace. 28 health and safety may be maintained and protected; 29 To these ends, it is neoessary that this Ordinance 30 shall take effeot immediately. 31 SEOTION 15; The City Olerk shall certify to the 32 adoption of this Ordinance and shall cause the same to be -6- od ;e9? 1 published onoe in the Aroadia Tribune~ a weekly newspaper pub- 2 l1ehed and circulated in said City of Aroadia and thereupon and 3 thereafter the same shall take effeot and be in foroe. 4 I hereby oertify that the foregoing Ordinanoe was 5 adopted at a regular meeting of the City Counoil of the Oity 6 of Arcadia~ held on the 10th day of December, 1934, by 7 the affirmative vote of at least three oounoilmen~ to-wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AYES: Counoilmen, Corby, Daniels, Hottman and McLean. NOES: 'JIfRN1 Oouncilman Krebs. ~~t,~ Signed and approved this 10th day of Deoember, 1934. ATTEST: ~-&l~tL'l - y e , . -7- tZtd R.