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Ord 197-37 ORDINANCE NO.~ AN ORDINANCE kWLKING IT UNLAWFUL TO MANUFACTURE, OWN, STORE, KEEP, POSSESS, SELL, RENT, LEASE, LET, LEND, GIVE AWAY, USE OR OPERATE SLOT MACHINES OR SIMILAR DEVISES OPERATED BY COIN OR OTHERWISEE DEFINING SUCH DEVICES: PROVIDING FOR THEIR SEIZURE AND DES- TRUCTION AND PROVIDING FOR THE FORFEITURE OF MONEY AND OTHER THINGS OF VALUE THEREIN; AND PRESCRIBING THE PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. Be it ordained by the City Council of the City of Delray Beach, Florida: SectionX: It shall be unlawful: (a) To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer to sell, rent, lease, let en shares, lend or give away, or permit the operation of, or for any person to permit to be placed, maintained, or used or kept in any room, space, or building owned, leased or occupied by him or under his management or control, any slot machine or device or any part thereof as hereinafter defined; or (b) ~o make or to permit to be made with any per- son any agreement with reference to any slot machine or device, as hereinafter defined, pursuant to which the user thereof, as a result of any element of chance or other outcome unpre- dictable to him, may become entitled to receive any money, credit, allowance, or thing or value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitling the holder to re- ceive any money, credit, allowance er thing of value. Section 2. any machine or device is a slot machine or device within the provisions of this Ordinance if it is on% that is adapted, for use in suc~ a way that, as a result of the insertion of any piece of money or coin or other object such machine or device is caused to operate or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or thing of value, or which may be given in trade, or the user may secure additional chances or rights to use such machine, apparatus or device, even though it may, in addition to any element of chance or unpredictable outcome of such operation, also sell, deliver or present some merchandise, indication of other weight, entertainment orth/~ng of value. Section 3. ~oever shall violate any of the pro- visions of this Ordinance, shall upon conviction thereof; be deemed guilty of a misdemeanor, and punished by a fine of not less than Two Hundred Fifty Dollars ($250.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the City Jail for a period of not less than thirty (30) days, nor more than ninety (@0) days, or by both such fine and im- prisonment. Section 4. Upon the arrest of any person charged with the violation of any of the provisions of this Ordinance, it shall be the duty of the arresting officer to take into his custody any such machine, apparatus or device, and their contents, and the policeman at the place of seizure, shall make a complete and correct list and inventory of all such things so taken into his custody, and deliver to the person from whom such article or articles may have been seized, a true copy of the list of all such articles. Upon making such a seizure the policema~ shall, forthwith and without delay, deliver each and ®v®ry item of the things taken into his custody to the City Clerk, and upon delivery, deliver therewith to said Clerk the original list and inventory so made by said policeman at the time and place of such seizure; and upon making such deliveryi the said Clerk shall verify said list and inventory and mark each item for identification, and make a complete and correct list and inventory of the things delivered to her by the policeman, in duplicate, duly certified by her officially, aR deliver one copy thereof to the policeman, and deposit one copy in proper safety files in her office. The said City Cl~ k shall keep and preserve all things so delivered to her and have the same forthcoming at any investigation, prosecu- tion or other proceedings, incident to charges of violation of amy of the provisions of this Ordinance. Section 5. Upon conviction of the person arrested tot the violation of any of the provisions of this Ordinance, it shall be the duty of the Municipal Judge, after such notice to the person convicted, and any other person whom the Judge may be of the opinion is entitled to such notice, and as the Municipal Judge may deem reasonable, to issue to the Chief of Police a written order adjudging and declaring any ~uch machine, apparatus or device forfeited, and directing such Chief of Police to destroy the same, with the exception of the money. Abe order of the Court shall state the time ami place and the manner in which such property shall be destroyed, and it shall be the duty of the Chief of Police to destroy the same in the presence of the City Clerk of such City. ~ Section 6.If any section, sub-section, sentence, clause, phrase or word of this Ordinance is held or declared to be un- constitutional, inoperative or void, such holding or Lmvalidity shall not affect the remaining portions of this Ordinance. Section 7. ~11 ordinances or parts of ordinances, resolutions or parts of resolutions, in conflict herewith are hereby repealed. ADOPTED BY THE CITY COUNCIL of the City of Delray ~each, Florida, this ~1 day of October, A. D. 1937. President of the City Council. Approved: Mayor. ~ Attested: City Clerk.