Richmond Municipal Code Ch. 7.84 Dissemination of Information Relating to Horse Races

For the purposes of this chapter, the following words shall be defined as herein set out:

(a) RACING FORM: Racing form is 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.

(b) VENDOR OF RACING FORMS: Vendor of racing forms is any person, firm, association or corporation who engages in a temporary, transient or permanent business in the City of Richmond (whether or not at a fixed place of business) of selling, offering for sale, giving away, offering or distributing 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.

Every vendor of racing forms must apply for a business license pursuant to the provisions of Chapter 7.04 of the Municipal Code of the City of Richmond and pay the prescribed license fee; provided that no gratuitous license shall be granted to any vendor of racing forms.

Every vendor of racing forms, and each salesman, solicitor, employee or agent of every vendor of racing forms must secure a permit from the Chief of Police of the City of Richmond.

Every applicant for a permit shall file in duplicate an application with the Chief of Police of the City of Richmond, which application shall contain the following information:

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

(b) His permanent address.

(c) His local business address.

(d) The name and color of the racing form he intends to distribute in the City.

(e) A statement as to whether or not he, or any partner or officer of applicant has ever been convicted of a felony, and if so, 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.

(f) The number of persons he intends to employ in selling, giving away or distributing such racing forms.

(g) Any further information said Chief of Police may desire.

Said application shall be signed and sworn to by the applicant or a partner or officer thereof, before an officer authorized to administer oaths. At the time of filing the application, the applicant shall pay a permit fee of $5.00.

There shall be attached to each of said applications two copies of a recent photograph of applicant or affiant on white paper, size 2½″ × 2½″ a copy or description of the proposed racing form, and the fingerprints of applicant.

Any permit issued under the provisions of this chapter shall not be transferable.

All permits issued under the provisions of this chapter shall expire 90 days after date of issuance, and may be renewed only upon regular application as provided in this chapter.

The Chief of Police of the City of Richmond shall have the authority to revoke the permit of any vendor of racing forms for violation of any of the provisions of this chapter, or for violation of any penal statute of the State of California.

Any person aggrieved by the decision of the Chief of Police in issuing, refusing to issue or revoking a permit may appeal to the Council of the City of Richmond by filing a notice of appeal with the City Clerk within 15 days of such decision. The Council shall fix a time and place for hearing such appeal and the City Clerk shall give notice in writing to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Richmond, California, postage prepaid, addressed to such person at the address appearing on his last permit or application. The findings of the Council shall be final and conclusive and shall be served upon the applicant in the manner prescribed above for service of notice of hearing.

(a) No person, firm, association or corporation shall sell, offer for sale, give away, offer or distribute any racing form upon any day unless a true copy of such racing form has been filed with the Chief of Police of the City of Richmond at or before eleven a.m. of said day. Said racing form so filed shall be for the use of the Police Department only in the enforcement of this chapter, and shall not be open to public inspection except on order of the Chief of Police.

(b) No such racing form shall be sold, offered for sale, given away or distributed in which any statement or indication is made that any horse or horses or other contestant or contestants had theretofore been selected as a winner or probable winner, loser or probable loser, unless a copy of the racing form so indicating said horse or horses or other contestant or contestants has been filed with the Chief of Police in the manner and within the time specified in Section 7.84.100(a) hereof.

No permit shall be issued to any vendor of racing forms whose racing form is identical with or not easily distinguishable from any other racing form which is or may be vended by other vendors of racing forms, and for the vending of which a permit has already been issued.

No dissemination or distribution of racing forms shall be made within the City of Richmond, or placed in automobiles, or be thrown, or given away within said City between the hours of four p.m. and seven p.m. of any day, which racing forms contain information with reference to any horse race which either took place or was scheduled or announced to take place upon said day.

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 of Richmond. For the purpose of preventing congestion in traffic upon the public streets of said City, the location occupied by any person in the conduct of such business shall be subject to the approval of the Chief of Police. No racing forms shall be distributed gratis in any manner likely to occasion the littering of public places or ways. Any violation of any provision of this section shall constitute a public nuisance and may be summarily abated.

The provisions of this chapter do not apply to or include:

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

(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 laws of the state relating to such matters;

(3) Sales of racing forms made by a regularly licensed merchant of the city having a fixed place of business within the city; provided, that the sales are made only inside the building in which the licensed business is conducted, and the sales are only incidental to the licensed business.

(Source: Ord. No. 4 N.S.)