Ord 2660 7/6/1971 -1
IV
ORDINANCE NO. ‘71-46d
AN ORDINANCE PROHIBITING THE POSSESSION OF
BOOKMAKING RECORDS WITHIN THE CITY OF WICHITA
FALLS, TEXAS, PROVIDING FOR AN OFFENSE OF
POSSESSION OF BOOKMAKING RECORDS, DEFINING
BOOKMAKING, BOOKMAKING RECORDS AND THE POSSESS-
ION THEREOF, GRANTING AN EXCEPTION, PROVIDING
A PENALTY, A SEVERANCE CLAUSE AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
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 whatsoever, 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 aid-
ing 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, unless such person can prove that such
records came into his possession without his consent and/or knowledge.
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 designed for the use of or used for recording or
documenting any making, pl a cing, or t aking of any bet or wager of
.t
money or anything of value on a 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 book-
making records is presumed to know the nature, character and past
and prospective use of same, unless such person can prove that such
records came into his possession without his consent and/or know-
ledge.
SECTION III
PENALTY
Any person or persons who shall violate any of the
provisions of this ordinance, or fail to comply therewith or with
any of the requirements 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 commis-
sion 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
The fact that many people live within the City of Wichita
Falls and there is an urgent need for protection against bets, wagers
and bookmaking, this ordinance is declared an emergency measure on
the ground of urgent public need for the preservation of the peace,
health and safety of property of the City, and said ordinance shall
take effect immediately upon its passage.
PASSED AND APPROVED THIS the 1�. day of 1, /
1971. ' /
t
A1TEST: M A Y O
City Clerk
(,.- -
Affidavit of Publication
:ORDINANCE NO 266O. .•-. .-I
Att..:ORDINANCE.,-.-RRONIBITINa,,xtri THE STATE OF TEXAS
POSSESSION*-0E--"B"Ot(RWI;IMF N-- ;
RECORDS WITHIN THE CITY OF WI-
CHITA FALLS, TEXAS, PROVIDING COUNTY OF WICHITA
FOR AN OFFENSE oF POSSESSION
OF BOOKMAKING RECORDS, DE- i
FINING BOOKMAKING, BOOKMAKING ;
RECORDS AND THE POSSESSION
THEREOF, GRANTING AN EXCEP- 1
TION, PROVIDING A PENALTY, A On a is 114th day of
SEVERANCE CLAUSE AND DECLAR-
ING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD I'
TEXAS THAT: Y OF A.D. .3.97-1 . personally appeared before me, the undersigned authority
OF ALDERMEN OF THE CIT '
WICHITA FALLS, ,
SECTION I ,
DE , bookkeeper
A. "Bookmaking"FINITIONS shall mean the taking,I r.n.rg...".,pot W.;:ertcon
accepting or placing for another a
bet or wager of money or anything
of value on a horse race, dog racor e, for the Times Publishing Company of Wichita Falls, publishers of the
automobile race, motorcycle race [
any other race of any kind whatsoever,
including but not limited to football ! Wichita Falls Record News, a newspaper published at Wichita Falls in
games, baseball games, athletic contests [
or sporting events of whatever kind
of
clude character.offe Tring the term shall further Wichita County, Texas, and upon being duly sworn by me, on oath states
in the o take or accept
or place for another any such bet
or wager or any individual_who as
a servant'o i othe that the attached.advertisement is a true and correct copy of advertising
an- gent, r, employ ,oe r- ,
wise aids or enaourageatibtlier,to I,
+..4,k nr nev.anf •anie-''rsl.mr...--mil.;:' .111.4,.
--- published in— ono (1) issues thereof on the following
dates:
July 119 1511 di ,
()
Bookkeeper f‘iTimes Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above
(SEAL) written.
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