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HomeMy WebLinkAbout385 12-08-1970ORDINANCE NO. 385 AN ORDINANCE PROHIBITING THE POSSESSION OF BOOKMAKING RECORDS WITHIN THE CITY OF EULESS, TEXAS; PROVIDING FOR AN OFFENSE OF POSSESSION OF BOOKMAKING RECORDS; DEFINING BOOKMAKING, BOOKMAKING RECORDS AND THE POSSESSION THEREOF; PROVIDING A PENALTY, A SEVERANCE CLAUSE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I DEFINITIONS A. "Bookmaking" shall mean the taking, accepting or placing for another a bet or wager of money or anything of value on a horse race, dog race, automobile race, motorcycle race or any other race of any kind what- soever, including but not limited to football games, baseball games, athletic contests or sporting events of whatever kind or character. The term shall further include the offering to take or accept or place for another any such bet or wager or any individual who as an agent, servant or employee or otherwise aids or encourages another to take or accept or place any such bet or wager. Further the term shall likewise include the act or aiding or encouraging the agent, servant or employee of another person to take or accept or place or transmit any such bet or wager. B. "Bookmaking Records" shall mean any written, printed, typed or otherwise produced or reproduced lists of persons' names, telephone or communication media numbers, events upon which wagers may be placed, times, places or locations of such events, slips, oddsmakers' lists or information letters, telegrams, or any other item, object or thing used for bookmaking record keeping, whether such records be in code or uncoded, and in whatever language. C. ''Possession" shall mean having any such records on or about the person or in any vehicle or premises, house or structure under the control of or occupied by such person, whether such person is the owner thereof or not. SECTION II POSSESSION OF BOOKMAKING RECORDS DECLARED AN OFFENSE Whosoever shall possess, except for evidence purposes, any document, file, list, slip or record of any kind or character whatever which is de- signed for the use of or used for recording or documenting any making, placing, or taking of any bet or wager of money or anything of value on a ITEM II Council Minutes December 8, 1970 horse race, dog race, automobile race, motorcycle race, or any other race of any kind whatsoever, a football game, baseball game, basketball game, hockey game, soccer game, athletic contest or sports event of whatever kind or character, shall be guilty of a misdemeanor. A person in possession of bookmaking records is presumed to know the nature, character and past and prospective use of same. SECTION III PENALTY Any person or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the require- ments thereof, shall be guilty of a misdemeanor and shall be liable to a fine of not more than Two Hundred Dollars ($200.00). The owner or owners of any building or premises, or part thereof, where anything in violation of this Ordinance shall be placed or shall exist, and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided. SECTION IV SEVERANCE CLAUSE If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of the provisions thereof other than the part so decided to be invalid or unconstitutional. SECTION V EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the lays of the State of Texas. PRESENTED AND GIVEN FIRST READING on the twenty- fourth day of November, 1970, at a regular meeting of the City Council of the City of Euless, Texas; and given Second Reading, passed and approved on the eighth day of December, 1970, by a vote of 4 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, Texas. ATTEST: _ City Secretar APPROV S TO FOR City tt rney APPROVED: Mayor t ITEM II Council Minutes December 8, 1970