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HomeMy WebLinkAboutORD NO 393ORDINA~CE NO. 3~ NEW SERIES AN ORDINANCE PROHIBITING THE POSSESSIONS' 'DISPLAY OR OFFER FOR PLAY OF ANY VE~DING MACHINE OR ANICAL DEVICE OTHER THAN THOSE DELiVERiNG A SPECIFIC ART,'CLE OR QUANTITY OF MERCHANDISE FOR A SPECIFIC PRICE, WITH OR WITHOUT CHIPS, CHECKS, SLUGS OR OTHER REPRESENTATIVE OF VALUE OF A UNI- FORM AND EVEN NUMBER OF VALUE.~ PROVIDING FOR CON- FISCATION THEREOF, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, REPEALING ORDINANCE NO. NEW SERIES OF THE CITY OF BAKERSFIELD AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. as follows: SECTION 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFiELD, It shall be unlawful for any person, firm or corpora- tion to possess, use, operate, maintain, display or offer for play thereon in any territory in the City of Bakersfield, any vending machine or mechanical device which is designed, used or intended for use in delivering anything other than a stated article or quantity of merchandise which shall be delivered uniformly at each play of such rending machine or mechanical device; provided, however, that this section shall not apply to vending machines or mechanical devices having more than one compartment or slot delivering a stated article or quantity of merchandise, uniformly from each sloot or compartment thereof, where said slots or compartments operate independent of each other. SECTION ~ Any person, firm or corporation, their agents or assigns or lawful representatives, keeping, placing, maintaining or operat- ing or allowing or permitting said above-mentioned machines or mech- anical devices to be placed, kept, maintained or operated contrary herebo ~hall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this ordinance is committed or permitted and shall be punishable as here- under contained. SECTION 3. It shall be the duty of the Chief of Police and each and every police officer of said City to use all legal means in .detect- ing and convicting persons of violating any of the provisions of this ordinance and to exercise the right of search by the law of this state and to seize and safely keep all of said machines or mechanical devices found being kept, maintained or operated in violation of any provision of this ordinance, and to produce the same in court, and to retain them until the final decision of any case in which said machines or mechanical devices may be required as evidence, and said machines shall be destroyed by the order of the Court, after proof having been made that they were kept, maintained or operated contrary to any of the provisions of this ordinance. SECTION 4. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdem- eanor, and upon conviction thereof shall be punished by a fine of not less than ten ($10.00) dollars or more than. three hundred ($300.00), or by imprisonment in the County Jail of Kern County not less than ten (10) days or more than ninety (90.) days, or by both such fine and imprisonment. SECTION 6. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section and subsection thereof, irrespective of the fact that any one or more of the section~ sub- sections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 8. Ordinance No. 311 New Ssries of the City of Bakersfield, and all other ordinances or parts of ordinances in conflict herewith · . . ,.- are hereby expressly repealed. ..... o0o ..... I HEREBY C~TIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the ~L day of November, 1932, by the following vote: Clerk Cl~'E~'of 'the City ~~ran~ Council of the City of Bakersfield. APPROVED this ~_ day of November, 1932. MAYOR of the City of Bakersfield.