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Home My WebLink About0614 - \ . l<' ' ORDINANCE NO. 614 AN ORDINANCE OF THE CITY COlmCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING CERTAIN REGU- LATIONS WITHIN SAID CITY WITH REFERENCE TO THE DISSE~nNATION OF WRITTEN OR PRINTED 1.;ATTER RE- LATING TO HORSE RACES AIID OTHER CO!ITESTS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIF- ORNIA, DOES ORDAIN AS FOLLOWS:, SECTION 1. Except as hereinafter provided, it shall be unlawful for any person, firm, association or corporation to print, prepare, ~ublish, sell, distribute or throw or give away, or to attempt to print, prepare, publish, sell, dis- tribute, throw or give away, within the City of Arcadia, any REPEALED " ' ORO. No. ~~ written or printed form, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give, or represented as giving, any list, lor probable or possible list, of entries of any horse race or other contest thereafter anywhere to take place, or which is anywhere taking place, . , if there be ~ritten or printed or published as part thereof, or in connection ~erewith, or in any other pubffiication or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction, or selection of, or advice as to, or any key, cipher or criptogram, indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or Drobable result of any such race or other contest or the standing or probable standing of any horse or other contestant therein, or any REP[ALtJ ( oRO, 'No.6?:' statement as to, or comment, thereon; or reference to, the form, condition or standing of any horse 9r other probable contestant, or the actual, probable, or pOSSible result of any race or contest, or the actual, probable, or possible state, Dast, present or future, of the betting, wagering or odds upon or against any horse or other contestant named in such list. SECTIOn 2. It is provided, however, that the provisions of this ordinance do not apnly to or include: (a) Any newspaper of general circulation, as defined in ~oo-'-O ad t/y' RtPEA\.EO (}'); 0\\0, \'\0, l) , ~\-.\t~';)t\) ~go \)\l.\)'~(}' Sections 4460 and 4462 of the Political Code of the state of California: (b) The portion of said city 'd.ncluded within any racing enclosure duly licensed by the State of California, to conduct horse racing under and in accordance with the laws of said state relating to such matters; (c) Sales of such materials or items made by a merchant of said City, duly licensed cy said City having a fixed place of business therein orovided such sales are made only inside the building in which such licensed business of such licensee is conducted; ,(d) Sales, distribution, giving away, printing or publish- ing of such materials or items by an flApproved Information Licenseefl as hereinafter defined, by and through himself or I his own agents, salesmen or employees only; provided each copy of such materials or items sold, given away or offered, beats the name address and business license number of such licensee, together with a statement that such publisher, printer, seller or distributor is such an IIApproved Information Licensee", under i-he orovisions of this Ordinance. SECTION~ Any person, firm or corporation desiring a license as an "Aooroved Information Licensee" hereunder shall file, in duplicate, an apolication therefor with the City Clerk of the City of Arcadia, which shall contain the following information: (1) Name of Apnlicant, or th~ names of all of the copartners principle officers thereof of a ,co-partnership or corporation. (2) His local business address. (3) His permanent address. (4) The name of the printed or written matter he intends or ".~EALto () ? ( oRO. No. 0 to distribute in the City. (5) The color thereof. (6) A statement as to whether or not he or any partner or officer of aoolicant has ever been convicted of a felony and if -2- {)A~/' b 1</ -".,\)~ ( '~\f-\ ..I'~"~ 3 ~~'.'J. I'''. ~~<::,t<;) (" go \>.~<::,,~o. ~ ~..3f{ ~,bgO he was ever so convicted, the designation of the felony, place of conviction, term for which convicted, length of time, and place at which, if any, the sentence was served. (7) The number of persons he intends to employ in distribut- ing and/or selling such materials. Said apnlication shall be signed and sworn to by the applicant or a partner or officer thereof before an officer authorized to administer oaths. To. each of said applications shall be attached the following: (a) Two copies of a recent photograph of applicant or affiant on white paper, size J.tn by Hn. (b) Snecimen copy of proposed material, showing nature of information intended to bp included, in said material. Said apnlication shall be considered by the City Council at its next re~ular meeting after the filing thereof, or at any subsequent meeting to which the Council may continue the same, and it shall be discretionary ~ith the Council to grant or refuse to grant such license. Before receiving any license as an "Approved Information Licenseell hereunder, in the event such annlication is apnroved, the licensee shall pay to the City of Arcaoia a license fee of $390.00, which shall be valid for the ninety day period, including and succeeding the day of issuance thereof. Such license, if issued, shall entitle " such "Apnroved Information Licensee" to make sales of such materials and items produced, given'away or offered by such licensee only, through and by means of apnlicant and not to exceed three salesmen or individuals at anyone time. Each and every such salesman must at all times carry with him or her a certificate signed by such "Apnroved Information Licensee" certifyin?, t~at such employee is such duly authorized salesman. No salesman shall be permitted to sell or distribute any of said materials until after a certified copy of such certificate. of authority has been filed in the office of the Chief of Police of said City of Arcadia. REPEALED ORD. No. 83 ~ -3- ad ~/y ~\'IIt.~'iI@ 1 Z y ()?\)~ ~ ~A &J; SECTION 4. No person, "firm, association or corporation shall in tl1e selling~, offering for sale, distributing, furnish- ing, or givinp' away of any of said materials, interfere with or cause interference with the normal flow of traffic upon the public streets of said City. F0r the purpose of preventing congestion in traffic upon the public streets of said City, the location occupied by any person, firm, association or corporation in the conduct of such business, or sales'or offer-.4Affj 04'0 "'bE/) ings, shall be subject to the apnroval of the Chief of Polic;61 ''''~l~~ of said City. ~ ~ SECTION 5. (a) No person, firm, or cornoration, shall :t.\\IJt.~ 'J.' ~ \\0.73 sell, offer for sale, give away offer or distribute any of said \)v.IJ. materials upon any day unless a true copy of such material or materials has been filed in the office of the Chief of Police of said City at or before ll:OO o'clock, A.M. of said day. Said materials so filed shall be for the use of the Police Department only in the enforcement of this ordinance and shall not be open to public inspection except on order of Chief of Police of said City. \\Wtt.lEO 0 ;r 01\0.110. 0 sold, (b) No such material or materials shall be 4A1(, OIrO /VOt/) . I\'o..? . .3'~ offered for sale, distributed, or given away in which any statement or indication is made that any horse or horses had theretofore been selected as a winner or probable winner, loser or probable loser, by such "Approved Information Licensee" unless a copy of the material so indicating said horse or horses has theretofore been filed in the office of the Chief of Police of said City, as provided, and within the time specified, in Section 5 (a) hereof. I SECTION 6. In addition to any other penalties herein pro- vided any "Aporoved Information Licensee" violating any provisions of this Ordinance may have his license instantly revoked by the Chief of Police of said City. In the event such "Approved Information Licensee" desires RlPEAl(D DRD. N.. g J ~ -4- ad. 6' /f/ to apneal from the order of the Chief of Police revoking such license, he shall file ",ith the City Clerk an appeal to the I City Council; the City Clerk shall set:the same for hearing before said City Council at the next succeeding regular meet- ing thereof, at its Council Chambers in the City Hall of said City, provided said next regular meeting is to be held not less than ten days next succeeding the filing of said appeal. If said next regular mEeting is to be held less than ten (lO) ; days thereafter, said hearing shall be conducted at the second l\L~L~I.(1l UIIO. ~o~.( regular meeting next succeeding said f~ling of appeal. Iwmediately after the filing of said appeal the City Clerk shall notify said appelant of the time; date and place thereof, by registered mail directed to the appellant at the permanent address given by appellant on his application for such license. Said Council, said Chief of Police and such appelant may subpoena witnesses to be heard at said hearing and said Co~~cil may hear such other evidence and testimony thereat as may be .f'('A pertinent. O.f~ ~("v "- At the conclusion thereof said Council shall make findings ? 2" thereon and shall then determine whether or not such license shall remain revoked or be restored. It may continue said hear- ing to any special or regular meeting of said Council. It may affirm, reverse or modify the order of the Chief of Police re- voking such license. The finding and order of said Council there- on shall be conclusive and final. SECTION 7. Any person, firm, association or corporation violating any of the provisions of this Ordinance, shall be deemed guilty of a misdemeanor, 'and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($)00.00) or by imprisonment in The County Jail of the County of Los Ang eles, or in the City Jail of the City of Arcadia, as the committing magistrate may direct, for not more than six months, .'I,t ,') ~p.5 -5- U/(C! 6/Y or by both fine and imprisonment in the discretion of the court. Every such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which any of the provisions of this ordinance are violated, anr shall be punishable therefor as herein provided. SECTION 8 The City Council in considering and adopting this ordinance has received evidence with reference to the pro- blems presented by the conducting of the business hereinabove referred to, and the sales of the items and materials herein- above mentioned, and after such review said Council feels that unless the regulations herein provided ,';ith reference thereto are observed and complied with, that!it might otherwise be necessary or desirable for said Council to prohibit altogether such business or occupation. The Council therefore in the \\t~t~LEI) t . . ORO. ~o.~:> exercise of its sound discretion in the premises, and with a desire to regulate, rather than prohibit the activities above mentioned, has adopted this Ordinance. SECTION 9. All ordinances in so far as they conflict with the provisions of this ordinance are hereby repealed, The license fee hereinabove provided for "Approved Information Licensees" and their respective agents and employees designated as hereinabove required shall be in lieu of other license fees of said City which might otherwise be apnlicable. SECTION 10. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall. cause the same to be pub- lished once in the Arcadia Tribune and News, a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passage -6- RtPE O,7D AL" . No ~ . o.JS; cJ"-d~ 6/:/ thereof said Ordinance shall take effect and be in force. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the J.I. day of ~r, 1946, City of Arcadia, held on the by the affirmative vote of at least three Councilmen, to-wit: AYES: Councilrren Adcock, Leeper, Nugent, Ormsby and Russell NOES: None:J ABSENT: None e- Clty Clerk of ~ the City SIGNED and APPROVED this U day of ~ 1946. M~~ 0:if-(;/2;:t:lof Arcadia. ~.) ....~~ ~ '"",~.}, -' -...,~ ATT't'i"S' ':r-' -':c~;>;;.:',.. -,':;.. .t:I . ' /-- '-.- .~~r$? City CleT~ - _,. .;p :-, .. ,~-':::, ~ ~# 1- " -.... ~. ~... '- - ....... REPEALED r;; oRD. No. 2 ~ d<pt. O'(D A <E(I "Yo. 8'.3.s- -7- {/.{c/' i/Y