4770 - 51 Amend & supplement ord 4734 - gambling

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ORDINANCE NOo 4770 BY Mr. Quinn AN EMERGENCY ORDINANCE to amend and supplement Ordinance No. 4734 adopted April 2, 1951, entitled "AN E~ERGENCY ORDINANCE prohibiti~ gambling, the posses- sion of gamblin~ devices and the ownership or keeping of places for gambling; prohibiting the possession of tickets for lottery; prohibiting the printing, possession or sale of lottery tickets and gambling devices; providing penalties for violation; and repealing Ordinance No~ 3612 and Ordinance No~ 2512.", by the enactment of new Section 12-1 of said Ordinance 4734, which section as so enacted shall become, and be construed as, a part of Ordinance 4'734. WHEREAS, an emergenc~ ~Xi~--~n~tha~ enforcement of Ordinance No. 4734 by the Division of Police has brought about considerable public discussion and disagreement with its provisions to the extent that this Council is of the opinion that it should be immediately amended and s~upplemented; and in that this ordinance provides for the public welfare and safet~ and the usual daily opera- tion of a municipal department, now, therefore, ~' BE IT ORDAIh~D BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. Ordinance No. 4734 is hereby amended and supplemented by the enactment cf new Section 12-1, which new section, as hereby enacted, shall be considered and construed as a part of said Ordinance Nos 4734, said new Section 12-1 to read as follows: Section 12-1. The provisions of foregoing Sections 1, 2, ? and 12 shall not be deemed or construed to apply to projects of churches, private clubs, or ncn-prefit organizations, nor shall the provisions of said Sections 1, 2, 7 and 12 be deemed or construed to apply to anyone taking part in ar~ such project conducted by such cku~ch, club or organization, provided (a) the project is carried on wholly by the members of such church, club or organization without charge for services, (b) that no such church, club or organization nor any group or association of persons allied therewith, shall carry on any such project in ex~ess of one occasion nor for more than ten days in any one calendar year, (c) money is not given as a prize, (d) the entire proceeds of such project, le~s cost of merchandise or other property which may be given as prizes, shall be used as a trust fund solely for the charitable purposes of such church, club or organization, and (e) an affidavit sworn to by duly authorized officer of such church, club or organization, describing the project and affirming the provisions of (a), (b), (c) and (d) above, shall be delivered to the Chief of Police of the City of Lakewood prior to em~agi~ in an~ such proJect~ Section 2~ This ordinAn6e is hereby declared ~o be an emergency measure ~or the reasons stated in the preamble hereof and, provided it receives the af- firmative vote of two-thirds of all members' elected to Council, it shall take effect and be in force immediately upon its adoption~ Adopted: JulyS, 195I' Wmo R. Fairgrieve President Ho A. Rees Vetoed: .... July 11, 1951 Ac I~ Kauffman Mayor Clerk Ordinance reconsidered at the meeting of Council held July 16, 1951. Mayor. s veto was sustained.