Ordinance No. 5ORDINANCE NO 5
AN ORDINANCE OF THE CITY COUNCIL OF DAIRY CITY, CALIFORNIA, PROHIBITING
CERTAIN TYPES OF GAMBLING WITHIN THE CITY.
THE CITY COUNCIL OF DAIRY CITY DOES ORDAIN AS FOLLOWS.
Section 1
Every person who forirofit or for anything of value, or for commercial
purposes of any nature, keeps, operates, conducts or maintains either
directly or indirectly, in Dairy City, State of California, any house,
room, apartment, dwelling place, or other place where any game, gambling,
gaming not mentioned or included in Section 330 or 330a of the Penal
Code of the State of California is played, conducted, dealt or carried
on whether with cards, dice or any other device of whatsoever nature for
money, checks, credit, merchandise or other representative of value shall
be guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not more than Five Hundred ($500 ) dollars, or by imprison-
ment in the City or County Jail, not exceeding six (6) months, or by
both such fine and imprisonment.
Section 2
Every person either as owner, lessor, lessee, principal, agent, employee
or participant or otherwise who maintains or keeps or operates or con-
ducts directly or indirectly in whole or in part, or who directly or
indirectly is in possession in whole or in part of any house, room, apart-
ment dwelling place or other place upon or in which any gambling, games
or gaming prohibited in this ordinance are played, conducted, dealt, or
carried on, and who imposes or collects a fee or anything of value for
the privilege of participating in any way whatsoever in any such games,
gambling or gaming, or who directly or indirectly gains or receives
anything of va7.ue or any financial profit from playing, conducting or
dealing of any such games, gambling or gaming shall for the purposes
of this section be deemed to be keeping, conducting, operating and main-
taining the same for profit or commercial purposes
Section 3.
Every person who knowingly permits any of the games, gambling or gaming
which by Section 1 hereof are made unlawful to be played, maintained,
operated, conducted or dealt in any house, room, apartment, dwelling
place or other place owned or rented by such person in whole or in part
is punishable as provided in Section 1 hereof.
Section 4.
Every person who visits, frequents, participates in or knowingly per-
mits any games, gambling or gaming which by Section 1. hereof is or are
made unlawful to be played, operated, maintained, conducted or dealt in
any houRe, room, apartment, dwelling place, or other place shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not more than Five Hundred ($500.) Dollars, or by imprison-
ment in the City or County Jail, not exceeding six (6) months, or by
both such fine and imprisonment
Section 5
Every person who shall place or bet at or against any of the games,
gambling, or gaming which by Section 1 hereof are made unlawful shall
be punishable as provided in Section 1 hereof
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Ordinance
Section 6
It shall be unlawful in Dairy City for any person, firm, corporation or
association, either as owner, lessee, manager, employee, agent or servant,
to conduct, manage, carry on, maintain, operate, open, deal or deal in,
or to cause or permit to be conducted, managed, carried on, maintained,
operated, opened, dealt or dealt in, any game, operation or transaction
wherein any prize, gift, rebate, compensation, reward, award, payment or
gratuity, consisting of any money, check, token, credit, goods, wares,
merchandise, property or thing of value, is or is to be given, awarded
or delivered, either directly or indirectly, and wherein chance is a
determining factor or is any determining factor of the result of such
game, operation or transaction which game, operation or transaction is
conducted, carried on, maintained, operated, or played by the throwing,
tossing, dripping, depositing or placing of any ball, marker, object,
thing or substance into any perforation, hole or indentation in or upon
any surface, receptacle, container, object or thing having marked desig-
nated or identified thereon by or with any figure, number, character,
symbol, letter, design or mark of any kind, or by the selecting, desig-
nating, turning, indicating, choosing or projecting of any such figure,
number, character, symbol, letter, design or mark by means of any devise,
apparatus or equipment, or by any means or in any manner, or by the
drawing, selecting, choosing or removing from any receptacle or container
of any ball, disk, object, substance or material marked, designated or
identified by or with any figure, number, character, symbol, letter,
design or mark, any such figure, number, character, symbol, letter,
design or mark, hereinabove referred to, corresponding to, duplicating,
referring to or relating to, in whole or in part, directly or indirectly,
any figure, number, character, symbol, letter, design or mark upon any
card, paper, board, fabric, surface, object, substance or thing, held,
used, operated or maintained by any player or participant therein or by
any person, where, by any predetermined or pre -arranged or by any rule,
method, scheme, design or procedure any person is found, declared or
determined to be, or is, or is to be, the winner, donee, recipient or
taker of such prize, gift, rebate, compensation, reward, award, payment
or gratuity, in the event that any such player or participant pays, de-
posits, expends, gives or pledges, either directly or indirectly, or
agrees, promises or intends to pay, deposit, expend, give or pledge,
either directly or indirectly, any money, check, credit, property or
thing of value, or makes or agrees to make any purchase for the privilege
of paying or participating therein or of gaining admission to the place
or premises where such game, operation, or transaction is or is to be
played, conducted, carried on, maintained or operated or to any other
place or premises,
Provided, however, that no provision of this Section shall be deemed or
construed as prohibiting any act made unlawful by the provisions of
Section 320, or of Section 320-a, or of Section 330 of the Penal Code,
or of any other Code Section or general law of the State of California,
it being the intent of the City to prohibit by this Section all games,
operations or transactions herein described, not prohibited by the
provisions of any general/6'f this State, including all games, operations
or transactions for profit, commonly known as Keno, Tango, Movie Tango,
Bingo, Beano, Skill Bali, Fortune, Quintain, Fascination or Inspiration,
and all games, operations or transactions similar thereto under whatever
name they may be designated
Section 7
It shall be unlawful in the City of Dairy City for any person to parti-
cipate in, play, play in or engage in, either directly or indirectly,
any game, operation or transaction or transactions prohibited by the
provisions of Section 6. of this ordinance
Section 8
It shall be unlawful for any person, firm, corporation or association,
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ordinance No 5
owning, leasing, managing, controlling or having any interest in any
property or premises lying within Dairy City to cause or permit the
maintenance or operation in or on such property or premises, having
knowledge, or after reasonable notice, of the exist.enee ;hereof, of
any game, operation or transaction declared by the provisions of
Section 6 hereof to be unlawful
Section 9
Any person violating any provision of any section of this Ordinance
shall be guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not more than Five Hundred ($500 00) Dollars,
or by imprisonment in the City or County Jail, not exceeding six (6)
months, or by both such fine and imprisonment.
Section 10
Each separate day or any portion thereof during which any violation of
this ordinance occurs or continues shall be deemed to constitute a
separate offense and upon conviction thereof shall be punishable as
herein provided
Section 11
This ordinance is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health and safety,
and shall take effect immediately The following is a statement of the
facts showing the urgency:
Because of the known unsavory and detrimental character of common types
of gambling houses, and because of gambling interests attempting to
establish themselves in this immediate area, in order to protect the
citizens of this City it is necessary that this ordinance take effect
immediately and within 15 days it shall be posted in three public places
in Dairy City, together with the names of the members of the City Council
voting for and against the same
PASSED AND ADOPTED this llth day of September, 1956.
ATTEST:
C y Clerk
Ordinance No
/4:
Mayor
STATE OF CALIPOiIA )
COUNTY OP ORANGE ) ss
CITY OF DAIRY CITY )
I, lartin Olsthoorn, City Clerk of the City Council
of the City of Dairy City, do hereby certify that at a
regular meeting,-: of the City Council held on the 11th day
of September, 1956, the foregoins ordinance was passed and
adopted as a whole by the following vote
AYE:. Councilmen Arnold, Arrowood, Baroldi,
and Van Dyke
NOES None
ABSENT Councilman Van Leeuwen
IN WITNESS WHEREOF, I have hereunto set i(iy hand
and affixed the official seal of the City Council of the
City of Duiry City this 11th day of September 1956
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Ordinance 1“:) 5
Martin Olsthoorn
City Clerk