Albany Municipal Code § 5-14 Horse Races

[1]

Editor's Note: As to license to operate or conduct animal shows, see Section 5-1 of this chapter. As to amount of license tax see Section 5-2.

[Ord. #569, § 11; Ord. #64-09, § 1; Ord. #72-03, § 1; 1958 Code §§ 15.1, 15.1-1]

a. Giving of Certain Oral Information Prohibited. No person shall engage in the business of giving, furnishing, imparting or conveying any oral information, advice, suggestion, prediction, selection or tip in whatsoever manner, whether by means of personal conversation, telephone conversation or otherwise, as to the winner or probable winner, or probable loser, or the result or probable result of any horse race, or the standing or probable standing of any horse therein, or any statement as to, or comment thereon, or reference to the form, condition or standing of any horse, or the actual, probable or possible result of any horse race, or the actual, probable or possible state, past, present or future, of the betting, wagering or odds upon or against any horse in any horse race, anywhere to take place, or which is anywhere taking place.

b. Regulation of Minors at Track Area. It shall be unlawful for any person under the age of eighteen (18) years to enter, remain upon or occupy any enclosure or place at which horse racing meets or harness horse racing meets are held or conducted in the City unless such person is accompanied by a parent or by a responsible person over the age of eighteen (18) years. For purposes of this paragraph, "enclosure" shall mean all areas of the racing association grounds to which admission can be obtained only by payment of admission tax or upon presentation of authorized credentials, all adjacent parking areas and other property under control of the racing association. This subsection shall not apply to any such person licensed by the State Racing Board or employees or authorized personnel of the Racing Association.

[Ord. #569, §§ 2, 10, 12, 13, 14; Ord. #77-05, § 1; 1958 Code §§ 15.2 to 15.8; Ord. #97-05; Ord. #97-08]

a. Definitions. As used in this subsection:

RACING FORM

Shall mean any chart, form, table, list, sheet, dodger, handbill, circular, letter, booklet or any other printed, typewritten, mimeographed or written matter of any kind pertaining to any horse race, choice of horse or horses, or giving or conveying any information about any horse, horse race or contest of endurance or speed between horses.

VENDOR OF RACING FORMS

Shall mean any person engaging in the business of selling, offering for sale, giving away, offering or distributing any racing form.

b. (Reserved)

c. (Reserved)

d. Distributors Not to Interfere with Traffic. No person shall, in the selling, soliciting for sale, offering for sale or giving away of racing forms, interfere with or cause interference with the normal flow of traffic upon the public streets of the City. For the purpose of preventing congestion in traffic upon the public streets of the City, the location occupied by any person in the conduct of such business shall be subject to the approval of the Chief of Police.

e. Distribution so as to Litter Streets Prohibited. No racing forms shall be distributed gratis in any manner likely to occasion the littering of public ways or places. Any violation of any provision of this paragraph shall constitute a public nuisance and may be summarily abated.

f. Employees of Vendors. No person shall be entitled to work for any vendor of racing forms until the vendor has filed with the Chief of Police the name, address, fingerprints and photograph, on white paper, size one and one-half inches by one and one-half (1-1/2" x 1-1/2") inches, of the person for whom such authorization to act is desired.

g. Exemptions. The provisions of this subsection and subsection 5-14.3 do not apply to or include:

1. Any newspaper of general circulation, as defined in Section 6000, of the State Government Code.

2. The portion of the City included within any racing enclosure duly licensed by the State to conduct horse racing under and in accordance with the laws of the State relating to such matters.

3. Sales of racing forms made by any merchant of the City having a fixed place of business within the City; provided, that such sales are made only inside the building in which such business is conducted.

[Ord. #569, §§ 3-6, 8, 15; Ord. #64-07, § 1; 1958 Code §§ 15.9 to 15.18; Ord. #97-05; Ord. #97-08]

a. Required. Every vendor of racing forms must secure a business license.

[Ord. #567, §§ 3, 4, 6, 9; Ord. #685, § 3; Ord. #82-013; Ord. #83-03; 1958 Code §§ 15.19 to 15.26]

a. Generally. There shall be levied, assessed, collected and paid a tax of sixty-five ($0.65) cents on each admission for which a charge of sixty-five ($0.65) cents or more is paid at any enclosure or place at which horse racing meets or harness horse racing meets are held or conducted in the City. There shall also be levied, assessed, collected and paid a tax of sixty-five ($0.65) cents on each pass which entitles a person to admission to any enclosure or place at which horse racing meets or harness horse racing meets are held or conducted in the City.

The tax levied and assessed under this paragraph is hereby imposed upon the person paying such admission or gaining admission by means of a pass and shall be paid at the time when and the place at which such admission charge is paid or pass is presented for the purpose of gaining admission to any enclosure or place mentioned in this paragraph.

This paragraph shall not apply to the following persons or under the following conditions:

1. An owner or trainer of a horse or a bona fide employee of any such owner or trainer, or an officer, director or bona fide employee of any licensed racing association, or an officer, director or bona fide employee of the person or association conducting a horse racing meet or harness horse racing meet, when such person's or employee's duty, makes it necessary for him/her to gain admission to any enclosure where a horse racing meet or harness horse racing meet is held.

2. Any employee or official of the State, City, or United States Government, whose official duty makes it necessary for him/her to gain admission to any enclosure or place where horse racing meets or harness horse racing meets are held within the City.

3. Any member of the working press whose duties as a newsperson makes it necessary for him/her to gain admission to any enclosure where horse racing meets or harness horse racing meets are held.

4. During such time as the election to receive monies under the Tucker Bill (or any legislative extension of its provisions beyond its current expiration date) pursuant to paragraphs g and h of this subsection are in effect.

b. Accounting and Statement by Collectors. On or before the tenth day of each calendar month, the person collecting the tax levied and imposed by this subsection shall render, in duplicate, an accounting or statement to the City of all admissions taxable under this subsection during the calendar month preceding such accounting or statement. Such accounting or statement shall be filed with the City Treasurer at his office at the City Hall and at the time of such filing, the person collecting the tax shall then and there pay to the Treasurer all amounts so collected as taxes as shown in the accounting or statement.

It is provided, however, that with reference to taxable admissions which are made upon season or other passbooks entitling the holder thereof to admission on all or any of the days during which any meeting is held, such accounting and statement shall be made as a part of, and at the same time that the last monthly accounting for such meet is to be rendered and made. This provision is inserted so that the tax imposed hereby may be determined, computed and paid on the basis of the actual taxable admissions under such season or other passbooks, rather than upon the potential rights of the holder thereof to admissions thereunder.

c. Collector's Security. The City Council, whenever it deems it necessary to insure compliance with this subsection, may require by resolution, any person who collects the tax imposed under this subsection to deposit with it such security as the Council may determine. The amount of the security shall be fixed by the Council, but shall not be greater than twice the estimated average liability for the period for which accounting is required under paragraph b above, determined in such manner as the Council deems proper. The amount of the security may be increased or decreased by the Council. The Council may sell the security if it becomes necessary so to do in order to recover any tax or any amount required to be collected, interest or penalty due. The security may be in the form of cash, cashier's check made payable to the City, certified check made payable to the City, bearer bonds issued by the United States or the State which have a prevailing market price or a surety bond made payable to the City, which bond shall be executed by a corporation authorized to do business in the State.

d. Final Payment to Treasurer. At the time of rendering the final accounting or statement required under this subsection for any racing meeting, the person making such accounting shall pay to the City Treasurer all amounts collected during the time which such meeting was conducted and which remain unpaid to the City.

e. Delinquencies. A failure on the part of any person collecting the taxes imposed by this subsection to pay the entire amount of taxes due within the time prescribed by this subsection shall automatically cause the amount of such taxes then unpaid forthwith to become delinquent and the Treasurer shall thereupon add and collect a penalty of five (5%) percent of the taxes so delinquent.

f. Tax and Penalty is Debt to City; Collection by Suit. The amount of any tax and of any penalty imposed by this subsection shall be deemed a debt to the City and any person conducting any horse racing or harness racing meeting in violation of any of the provisions of this subsection shall be liable to an action in the name of the City in any court of competent jurisdiction for the amount of taxes and penalties imposed and an attachment shall issue on a verified complaint without any bond or affidavit given in behalf of the plaintiff.

g. Election Pursuant to Section 19610.3 of the Business and Professions Code. The City hereby elects, pursuant to California Business and Professions Code Section 19610.3, to permanently receive thirty-three hundredths of one (0.33 of 1%) percent of the total parimutuel wagers placed at Golden Gate Fields during all licensed horse racing meets conducted there. If for any reason either the election by the Tanforan Racing Association and Pacific Racing Association, or that of the City, is found not to be effective as of the commencement of racing in 1983, the admission tax provisions plus the City's agreement with Pacific Racing Association (regarding sixty thousand ($60,000.00) dollars yearly contribution) shall remain in effect until such time as the City is legally entitled to receive thirty-three hundredths of one (0.33 of 1%) percent of all parimutuel wagers under the provisions of Section 19610.3 of the California Business and Professions Code.

h. Race Track Tax. So long as the provisions of paragraph g above, remain in effect, as originally passed or modified, paragraphs a through f, authorizing the collection of an admissions tax, shall be suspended and no admissions tax will be collected. At the expiration of the Tucker Bill, or if the City's revenues pursuant to its election thereunder are reduced below thirty-three hundredth of one (0.33 of 1%) percent (except for possible future technical adjustments for parimutuel minus pools, or if the City's election is no longer valid, the admissions tax charged as set forth in paragraphs a through f shall automatically be operative and the City shall collect such tax without the need for further Council action or passage of any ordinance.