Chapter 7.12
IMMORAL PRACTICES

Sections:

7.12.030    Social gambling.

7.12.040    Definitions.

7.12.050    Requirements.

7.12.060    Juveniles not to loiter in certain places.

7.12.061    Certain locations to be posted – Form and contents – Responsibility.

7.12.062    Employment of juveniles for certain purposes prohibited.

7.12.090    Repealed.

7.12.100    Repealed.

7.12.030 Social gambling.

Social games as defined in ORS 167.117 are totally prohibited in the City except that persons in homes, charitable, fraternal and religious organizations may engage in social games where no income is realized from the games. (Ord. 4669 § 1, 1985; Ord. 3801 § 1, 1974).

7.12.040 Definitions.

For the purpose of this section, “charitable, fraternal or religious organization” means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or religious purposes. The fact that contributions to an organization profiting from social gambling do not qualify for charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide charitable, fraternal or religious organization. (Ord. 4669 § 2, 1985).

7.12.050 Requirements.

Prior to engaging in social games in the City of Albany, the organization must show it has existed and operated with its principal place of business within the City of Albany for one year prior to the conducting of those games and has complied with ORS 465.100. (Ord. 4669 § 3, 1985).

7.12.060 Juveniles not to loiter in certain places.

It is unlawful for any juvenile who is not then and there accompanied by his/her parent or lawful guardian to enter or loiter in or upon any premises or portion thereof where there is sold, offered for sale or displayed any obscene material, where there is exhibited any obscene performance, or where there are signs posted as required by the provisions of Section 7.12.061 of this chapter. (Ord. 3584 § 2, 1971; Ord. 2823 § 24(4), 1958).

7.12.061 Certain locations to be posted – Form and contents – Responsibility.

(1) On every business premises, or every physically and visually distinct and separate portion thereof, where there is sold, offered by sale or in any manner displayed any obscene material, or where there is exhibited any obscene performance, there shall be conspicuously posted at every entrance thereto, and at no less than two conspicuous locations therein, signs conforming to the requirements of this section.

(2) The sign required by subsection (1) of this section shall be of a design and character so as to be clearly and unmistakably legible and conspicuous to a person of normal, unaided vision from a distance of at least 15 feet; shall be at least 9 inches by 10 inches in size; and shall contain in words or substance the following language reproduced in Roman letters and Arabic numerals on a white background: “NO ONE UNDER 18 YEARS PERMITTED ON THESE PREMISES UNLESS ACCOMPANIED BY A PARENT OR GUARDIAN,” and beneath that, in smaller letters and numerals, “Section 7.12.060, Albany Revised Code.”

(3) It shall be the responsibility of the owner, manager or other person in charge of any premises mentioned in subsection (1) of this section to post signs of the required number and form in the prescribed locations; to ascertain that such signs are posted in such a manner as not to be easily removed or dislodged; and to make reasonable inspections of such signs during such times as they are required to be displayed so as to ascertain that they remain on display in the condition required by this section. Failure to carry out such responsibilities shall be unlawful.

(4) The fact that signs were posted pursuant to the provisions of this section shall not, of itself, constitute a defense to a prosecution brought under any other section of this chapter.

(5) Signs of the number, size and design required by this section, but imposing stricter requirements than those provided in subsection (2) of this section shall be deemed to comply with the provisions of that subsection. (Ord. 4570 § 1, 1983; Ord. 3584 § 2, 1971).

7.12.062 Employment of juveniles for certain purposes prohibited.

It is unlawful for any person to knowingly or recklessly hire, employ or otherwise engage for payment in money or any valuable consideration any juvenile for the purpose of furnishing obscene material to any person, for the purpose of selling admission to or acting as an usher or attendant at any obscene performance, for the purpose of delivering obscene materials, or for any other purpose when the duties of such juvenile will require or permit him/her to enter upon any premises where obscene materials are sold or displayed or any obscene performance is exhibited; provided, however, this section shall have no application where the parent or lawful guardian of a juvenile consents to such employment and the employment is not otherwise prohibited by state law. (Ord. 5026 § 1, 1993; Ord. 3584 § 2, 1971).

7.12.090 Solicitation of drinks.

Repealed by Ord. 5047. (Ord. 2823 § 24(7), 1958).

7.12.100 Peeping Tom.

Repealed by Ord. 5047. (Ord. 2823 § 24(8), 1958).