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HomeMy WebLinkAboutOrdinance 6709 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED; BEING AN ORDI- NANCE MAKING THE POSSESSION OF BOOKMAKING RECORDS UNLAWFUL; DEFINING CERTAIN TERMS; PROVIDING A SEVER- ABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES AND PROVISIONS OF THE CITY CODE; RE- PEALING ALL ORDINANCES OR PROVISIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PRO- VIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 27 of the Code of the City of Fort Worth (1964) , as amended, be and the same is hereby amended by the addition of the following sections: "Sec. 27-44. Possession of Bookmaking Records "It shall be unlawful for any person to possess, keep, maintain, or have in his custody or under his control, except for purposes of evidence of violation of any law or ordinance, any bookmaking records. Any person in possession of such record is presumed to know the nature, character, and past and prospective use of same. "Sec. 27-45. Same--Definitions "a) The term 'bookmaking' in Sec. 27-44 shall have that meaning prescribed by Article 652a of the Penal Code of the State of Texas and shall encompass the term 'pursuing the business of bookmaking, ' as same is defined by Article 652a of the Penal Code of the State of Texas. "b) The term 'record' in Sec. 27-44 shall mean and shall include, by way of example but not limitation, any paper, document, file, writing, list, slip, check, memorandum, material, paraphernalia, evidence of wager, or record of any kind or character whatever, which rep- resents or is designed or intended for the use of, or is used for recording or documenting any making, plac- ing, taking, settling, paying, registering, evidencing or recording the result of any bet or wager of money or anything of value on a horse race, dog race, auto- mobile race, motorcycle race or any other race of any kind whatsoever; any trial or contest of skill, speed, power or endurance of man, beast or machine; a foot- ball game, baseball game, basketball game, hockey game, soccer game, athletic contest, or sports event of whatsoever kind or character. "Such record shall also mean and shall also in- clude, by way of example but not limitation, any written, printed, typed or otherwise produced or reproduced list of names of persons, telephone or communication media numbers, events upon which wagers may be placed, times, places or locations of such events, slips, lists or information letters of oddsmakers, telegrams, or any other item, object or thing used for bookmaking record keeping, whether such records be in code or uncoded, and in any lan- guage whatsoever. Such record shall not include any commercially produced newspaper, schedule or list which has not been altered from original form for use as bookmaking records by the addition there- to of wagering information, names, locations, odds, addresses, telephone numbers, or other gambling or bookmaking notations. "c) The term 'possession' in Sec. 27-44 shall mean the having or the holding of or the controlling of any such record on or about the person, or in any vehicle or premises, house or structure, and shall encompass the term 'to possess' in Sec. 27-44." SECTION 2. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections hereof, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3. That this ordinance shall be and is hereby declared to be cumulative of the provisions of the Code of the City of Fort Worth and amendments thereto, making unlawful the possession of bookmaking records, except in those instances where the -2- provisions of this ordinance are in direct conflict with such Code, in which instances said conflicting provisions of such Code are hereby repealed. SECTION 4. That all pending litigations and existing violations, both civil and criminal, whether pending in court or not, under Chapter 27 of the Code of the City of Fort Worth and amend- ments thereto superseded by this ordinance, shall not be af- fected by this ordinance but may be prosecuted until final dis- position by the courts. SECTION 5. That any person, firm, association of persons, company or corporation or their agents, servants or employees who violate, disobey, omit, neglect or refuse to comply with any provision of this ordinance shall be punished by a fine of not exceeding two hundred dollars ($200.00) , and each day that a violation exists is hereby declared to be a distinct and separate offense and punishable as such, all as provided for in Section 1-5 of Chapter I of the Code of the City of Fort Worth (1964) , as amended. SECTION 6. That this ordinance shall become effective and be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: 10 City Attorney ADOPTED: EFFECTIVE: �yyfA a2�/972 -3- UNE %, City of Fort Worth, Texas GRAHAM 1 Mayor and Council Communication WALLS DAn NUMBERCL SUBJLCTs Ordinance Outlawing Possession PAGE JUHNDR [ 8/14/72 G-2040 of Bookmaking Records IOf 1 The Police Department and the Department of. Law have prepared a proposed ordinance which will greatly assist in the prosecution of cases involving illegal gambling. The proposed ordinance makes it unlawful for any per- son to possess, keep, maintain, or have in his custody or under his con- trol, except for purposes of evidence .of violation of any -law or ordinance, any bookmaking records. Any person in possession of such records is pre- sumed to know the nature, character, and past and prospective use of same. The ordinance then contains definitions of theterm "bookmaking", "record", and "possession". The ordinance also provides that any person who violates or disobeys or refuses to comply with any provision of the ordinance shall be punished .by fine not exceeding $2QO, Recommendation It is recommended that the City Council adopt an gr'dinance amendirig Chapter 27 of the Code of the City of Fort Worth, making the possession of,book- making records unlawful; defining certain terms; and providing a penalty. ML:.>mhg SUBMITTED BY: DISPOSITIPN J�YY COUNCIL: PROCESSED BY JR-XPPROVED p OTHER (DESCRIBE) Xi i A4 • (� CITY SECRETARY DATE CITY MANAGER