Inglewood Municipal Code § 8-67 Horse Race Information. Dissemination Regulation

It shall be unlawful to print, prepare, publish, sell, distribute or throw or give away, or attempt to print, prepare, publish, sell, distribute, throw or give away, within the City, any written or printed form, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give or represented as giving, any list, or probable or possible list, of entries of any horse race or other contest thereafter anywhere to take place or which is anywhere taking place, if there be written or printed or published as part thereof, or in connection therewith, or in any other publication or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction, or selection of, or advice as to, or any key, cipher or cryptogram, indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or other contestant therein, or any statement as to, or comment on, or reference to, the form, condition or standing of any horse or other probable contestant, or the actual, probable, or possible result of any race or contest, or the actual, probable, or possible state, past, present or future, of the betting, wagering or odds upon or against any horse or other contestant named in such list without a special permit in writing first had and obtained from the Permits and Licenses Committee so to do, as an "Approved Information Licensee".

[1]

See Section 19664 of Bus. & Prof. Code for add'l requirements.

Any person desiring a license as an Approved Information Licensee shall file, in duplicate, an application therefor with the City Clerk which shall contain the following information:

(1) Name of applicant, or the names of all of the co-partners or principal officers thereof if a co-partnership or corporation.

(2) Applicants local business address and permanent address.

(3) The name of the printed or written matter intended for distribution in the City.

(4) The color thereof.

(5) A statement as to whether or not applicant (or any partner or officer of applicant) has ever been convicted of a felony and if so convicted, the designation of the felony, place of conviction, term for which convicted, length of time, and place at which, if any, the sentence was served.

(6) The number of persons applicant intends to employ in distributing and/or selling such materials.

Such application shall be signed and sworn to by the applicant before an officer authorized to administer oaths. To each of said applications shall be attached the following:

The Permits and Licenses Committee shall consider the application at its first regular meeting following the filing of the application or as soon thereafter as practicable and shall grant or deny the application in accordance with the standards governing determinations of the Committee generally.

As a condition precedent to the granting of any permit pursuant to this Section the applicant shall file a bond approved by the City Attorney as to form and by the Mayor as to surety, in the penal sum of $1,000.00 conditioned upon the permittee fully and faithfully complying with the requirements of this Chapter. In lieu of posting the bond heretofore referred to, the applicant may deposit the sum of $1,000.00 in cash with the City Treasurer. Said cash deposit shall be returned to the applicant upon the expiration or surrender of his permit if the applicant has fully and faithfully complied with the requirements of this Chapter.

(Ord. 1430 11-18-58)

The permit shall entitle the Approved Information Licensee to make sales of such materials as are specified in the permit application through and by means of:

(1) One salesman, who shall be the permittee if an individual; or

(2) One salesman, who shall be an officer of the corporation, if permittee is a corporation; or

(3) One salesman who shall be a member of the firm, co-partnership or association, in the event permittee is neither an individual nor a corporation; and

(4) Not to exceed three additional salesmen at any one time.

Each and every salesman referred to in this Section must at all times carry with him a certificate signed by the Approved Information Licensee certifying that such employee is a duly authorized salesman. No salesman shall be permitted to sell or distribute any of said materials until a full, true and correct duplicate copy of such certificate of authority has been filed in the office of the Chief of Police.

(1) The provisions of this Section requiring a license or certificate shall not apply to:

(a) Any newspaper of general circulation, as defined in Section 6000 of the Government Code;

(b) The portion of the City included within the property owned and controlled by any racing association duly licensed by the State of California to conduct horse racing under and in accordance with the laws of said State relating to such matters;

(c) Sales of such materials or items made by a merchant duly licensed by the City and having a fixed place of business therein; provided such sales are made only inside the building in which such licensed business is conducted.

(d) Sales, distribution, giving away, printing or publishing of such materials or items by an Approved Information Licensee by and through himself or his own agents, salesmen or employees only; provided each copy of such materials or items sold, given away or offered bears the name, address and business license number of such licensee, together with a statement that such publisher, printer, seller or distributor is such an Approved Information Licensee, under the provisions of this Section.

(2) The provisions of this Section requiring an oral information license, however, shall apply to the foregoing persons and entities designated in 1-a through 1-d hereinabove, inclusive.

It shall be unlawful to sell, offer to sell, give away or distribute any materials designated in this Section unless a true copy of such material has been filed with the Chief of Police not later than 11:00 a.m. of the day during which such selling or distribution activity is to occur.

It shall be unlawful to disseminate or distribute any materials designated in this Section within any place within the City, unless permitted in subsection 8-67.6 between the hours of 4:00 p.m. and 7:00 p.m. of any day.

The issuance of a license and permit to an Approved Information Licensee shall authorize such licensee to distribute only one form of information sheet or material, which must be of distinctive form, wording, color and size. The licensee must pay an additional license fee of $150.00 as in the first instance, for each additional or different form of information sheet or material distributed or disseminated by such licensee, which additional license fee must be paid before dissemination or distribution thereof is commenced.

It shall be unlawful to sell or distribute any materials designated in this Section on any public street, public right-of-way or public place or to interfere with the normal flow of traffic on any street.

It shall be unlawful to engage in the business of giving, or conveying any oral information, advice, suggestion, prediction, selection or tip as to the winner or probable winner, or probable loser, or the result or probable result of any horse race or other contest, or the standing or probable standing of any horse or other contestant therein, or any statement as to, or comment thereon, or reference to, the form, condition or standing of any horse or other probable contestant, or the actual, probable, or possible result of any race or contest, or the actual, probable, or possible state, past, present or future, of the betting, wagering or odds upon or against any horse or other contestant in any horse race or other contest thereafter, anywhere to take place or which is anywhere taking place, without first obtaining a special permit in writing from the Permits and Licenses Committee so to do, as an Authorized Oral Information Licensee.

An application for an oral information permit shall be filed with the Permits and Licenses Committee in such form and manner as is required by the Committee.

The Permits and Licenses Committee, in its discretion, may grant or refuse to grant any such permit applied for, and in the event of granting any such permit may specify and impose the terms and conditions upon which the same is granted, and no such permittee shall directly or indirectly violate any of the terms and conditions so specified or imposed. No permit shall be granted except for use within a fixed place of business which shall be designated in such permit, nor for a period other than the calendar year or remainder thereof.

Such permit and the payment of the license fee shall authorize:

(1) One salesman, or informant, who shall be the permittee if an individual; or

(2) One salesman, or informant, who shall be an officer of the corporation, if permittee is a corporation; or

(3) One salesman, or informant, who shall be a member of the firm, co-partnership or association, in the event permittee is neither an individual nor a corporation; and

(4) Not to exceed three additional salesmen or informants at any one time, to conduct such business at and within the fixed place of business designated in the permit only.

Any permit issued pursuant to the provisions of this Section may be suspended by the Chief of Police upon his determination that the permittee has failed or refused to comply with such provisions or any other law and any permits may be revoked following the procedure governing the revocation of permits set forth in Article 3 of this Chapter.