s Ms (hjOMh^ i\.Ia(lL^^/^ r)-i;^n U ^0^^ iV^ Glass. Book Ki S Laws Relating to Fair Grounds Compiled by State Law Library Albaay, New York January, 1918 Laws Relating to Fair Grounds Laws of the various states and ter- ritories of the UNITED STATES, relating to the prohibition of gambling and obscene and immoral shows on fair grounds. (Only specified legislation of the subject is noted. Laws generally prohibiting gambling or immoral exhibitions are not included, unless fairs are par- ticularly mentioned therein. This compilation does not include prohibitions as to intoxicating liquors, unless same are incidentally a part of law noted.) m/c.u Compiled by State Law Library Albany, New York — // /"y /.^C' ^ ^y January , 1918 p. of B. APR I 1918 LAWS RELATING TO FAIR GROUNDS Alabama Code of 1907 (Political), sec. 72: Selling or granting privileges on grounds of agricultural fairs, to. wheels of fortune or any game of chance, or any device inimical to laws of the state, forbidden. Alaska No laws found. Arizona Revised statutes of 1913, sec. 4538: State Fair Commission given exclusive jurisdiction over grounds, etc., of state fair and authorized " to do all things which by said commission may be considered proper for the conduct of said fair, not otherwise prohibited by law." Arkansas No laws found. California No laws found. Colorado Laws of 1915, ch. 81 : Board of county commissioners may ap- point persons to conduct county fairs, or may rent fair grounds to corporation for 3 fairs and " also to conduct races, sports and other entertainments usually given at county fairs." Connecticut General statutes of 1902, sec. 4401, as amended by Laws of 1905, ch. 79 : No part of anv building or grounds within the enclosure in which is held the fair of any incorporated agricultural so- ciety shall be leased for the sale of spirit- uous or intoxicating liquors, the running of wheel-pools, so-called, or the unlawful practice of any games of chance, or im- moral shows, nor shall any right or priv- ilege be granted to any person to carry on such sale, games, or shows within such en- closure during the continuance of such fair. Delaware No laws found. District of Columbia No laws found. Florida Laws of 1917, ch. 7387: Provides for creation of corporations to hold state fairs or expositions; sec. 11 provides : Nothing in this act shall be held or construed to authorize or permit any cor- poration organized hereunder to carry on, conduct, supervise, permit or suffer any gambling or game of chance, lottery, betting or other act in violation of the criminal laws of the state; forfeiture of charter is penalty for violation of this act. Georgia No laws found. Hazcaii Laws of 1917, ch. 20: " Fair Commission of Hawaii " estab- lished with jurisdiction over fairs; author- ized to sell concessions and space in fair grounds and to provide for accommoda- tion and maintenance of all exhibits, etc. Idaho Revised codes of 1908, v. 1, ch. 16, sec. 3040: Count}' aid provided for agricultural fair associations or like corporations, provided none of the moneys so appropriated shall be used in defraying expenses of races of any character, nor for the payment" of purses for said races. Laws of 1917 ch, 149: Boards of county commissioners are given power to regulate use of public fair Grounds and to lease same for fairs or ex- hibition purposes upon such terms and condi- tions as in their judgment shall best promote the holding of such public fairs or exhibitions. Illinois Statutes annotated 1913, criminal code, par. 3741 : Bookmaking and pool selling prohibited generally, except that provisions relating thereto shall not apply to the actual in- closure of fair or race track associations that are incorporated under the laws of this state, during the actual time of the meetings of said associations, or within twenty-four hours before an}- such meet- ings. 5 Same, par. 207 : Before appropriation from Department of Agriculture is payable to any county fair, sworn statement must be filed that at such fair all gambling and gambling devices of whatsoever kind and sale of intoxicating liquors have been prohibited and excluded from grounds and from all adjacent grounds under authority and control of county fair or agriculture societ}^ Indiana Burns annotated statutes of 1914. sec. 2467 : Unlawful for any officer, manager, direc- tor or trustee of any county fair, agricul- tural society or stock association, to rent, lease or donate any part of premises or grounds, or any stall, booth or tent to any persons, company or society, to be used for the purpose of carrying on any game of chance or skill or any scheme, lottery or drawing, with dice, cards, ball or wheels or any other device for the purpose of wager- ing money or anything of value, or upon the result of which any money or other thing of value shall be wagered. Penalty for violation, fine of not less than $25 nor more than $100. loiva Supplement to code, 1907, sec. 1661a: No state aid to county or district fairs unless affidavit from officers of association that no gambling devices or other viola- tions of law were permitted. Code of 1897, sec. 1664: 6 President of any agricultural society may appoint peace officers . . . who may seize all intoxicating liquors and all tools or other implements used in gambling, and re- move or cause to be removed all shows, swings, booths, tents ... or other things that may obstruct by collecting" per- sons around or otherwise, any thorough- fare leading to the enclosure in which agricultural fair is being held. Kansas General statutes of 1915, sec. 10352 : Any person v/ho shall sell pools, engage in games of chance or gambling devices of any kind, or in the sale of intoxicating drinks, upon any fa'ir grounds in this state, during the holding of any fair, and any officer of fair association who shall au- thorize or permit such pool-selling, gam- bling or the sale of intoxicating drinks as aforesaid, shall be fined not less than $25 nor more than $100 for each offense. Laws of 1917, ch. 5, sec. 10: No state appropriation shall be available if any gambling devij:e or gambling of an}' kind shall be permitted upon the grounds of either fair covered by this act (Kansas state fair at Hutchison and at Topeka). Kentucky Kentucky state fair created by act of 1906. p. 385. Management and control under jurisdiction of state board of agriculture, forestry- and immigration. Louisiana Xo laws found. Maine Revised statutes of 1917, ch. 34, sec. 18: All agricultural societies receiving state aid shall cause the prohibitory liquor law to be enforced on all grounds over which they haAe control, and not allow immoral shows, gambling in an}- form or games of chance on said grounds. Sec. 19. Before payment of any state aid. a certificate must be presented from com- missioner of agriculture showing that pro- ^•isions in regard to immoral shows, gam- bling and sale of intoxicating liquors have been strictly complied with. Maryland Annotated code of 1914, sec. 218: Not unlawful in any county (other than Baltimore City) for any person to make a pool or a book or to bet within the ground of any agricultural society upon the result of any trotting, pacing or running race of horses which shall be held within the same grounds . . . provided such grounds are licensed in the manner prescribed. Massacl.usetts Revised laws of 1902. ch. 124, sec. 22: No person shall engage in gaming or horse racing or exhibit, show or pla}' dur- ing the time of holding a cattle show or agricultural fair, or engage in pool selling, ;it or within half a mile of the place of hold- ing such fair, etc. ( regular business within prescribed limits not required to suspend). Michigan No laws found. Minnesota General statutes of 1913, sees. 6505-6507: State agriculture society may license and regulate all shows, exhibitions, perform- ances and privileges on its fair grounds, and summarily stop the same if deemed offensive to good morals or contrary to law. Any person who shall exhibit or perform on fair grounds any indecent, obscene or immoral play or other representation shall be guilty of a misdemeanor. If any show or exhibition licensed shall prove to be indecent or immoral, the governing board shall close the same and license fee paid for such privilege and any money paid in connection therewith shall be forfeited to the society. Sees. 8738-8739 : Officer of any fair or fair ground, with or without warrant, shall arrest any per- son found in the act of committing any of the offenses mentioned in sec 8737 (swin- dling by cards or other devices or tricks) or any person whom he has good reason to believe has been guilty of any such offense. Officer of fair grounds shall eject any per- son known to him, or whom he has good reason to believe, to be a three-card monte man, or who offers to wager or bet money or other valuable thing upon what is com- monly known as " three-card monte," or on any trick or game with cards or other gambling device, and for such ejection, no action for damages shall be maintained. Mississippi No laws found. Missouri Revised statutes of 1909, sec. 681 : Board of directors of state fair have power to make all rules for proper control and conduct of state fair. Is forbidden, directly or indirectly, to permit any gam- bling devices of whatever nature to be operated on the grounds nor to permit in- toxicating liquors to be sold thereon. Sec. 698 : At any fair, show or exhibition held by any incorporated agricultural or mechanical society . . . every person guilty of disorderly conduct, or such con- duct as may interrupt or be prejudicial to the interests of such fair or exhibition whatever, within enclosure, or within 200 yards thereof, shall be liable to immediate arrest. Montana Revised code, 1915 supplement, sec. 1320 : Board of directors of state fair have full control and management of all matters of administration and shall prepare rules for conduct and management of the fair. Xebraska Revised statutes of 1913, sec. 13 : No person shall be permitted to sell in- toxicating liquors or exhibit or conduct indecent shows or dances, or be engaged in any gambling, or other games of chance, or horse racing either inside the enclosure where any state, district or county agri- cultural society fair is being held, or within 10 forty rods thereof, during the time of hold- ing such fair. Penalty for violation of act, not less than $5 nor more than $50 : Provided that trial of speed of horses un- der direction of the society shall not be included in the term horse-racing : pro- vided also, upon proof of violation this sec- tion, inside the enclosure, amount of money appropriated shall be withheld from any money appropriated for ensuing year. Laws of 1913, ch. Ill: No person, firm, company or corporation engaged in the business of furnishing amusement or staging exhibitions for gain in this state at an}' . . . street fairs, carnivals or at any gathering of like nature, shall show or stage either in the open air, tent or any building, any immodest or im- moral act, scene or play or any immodest or immoral dance, song or dialogue . . . nor exhibit any wild-man or wild-woman shows or exhibitions or any person physi- calh' or mentalh" deformed (except in in- terest of medical science). Laws of 1917, ch. 168: County fair established under suoervision of " County Fair Board," who may employ such persons as it deems necessary for the proper management of the fair. Nevada No laws found. Neiv Hampshire No laws found. Xezv Jersey Compiled Laws of 1910, vol. 2, p. 2276: 11 Directors of every fair association shall have police jurisdiction upon grounds of association and for distance of one-quarter of a mile from boundaries of grounds : duty of directors to suppress sale of in- toxicating liquors by parties not regularly licensed; and to prohibit every species of gambling and breach ot peace or laws of the state on said grounds and within said limits : may appoint special police officers for this purpose. Neiv Mexico Annotated statutes of 1915, sec. 5008: State fair commission has entire juris- diction over management of state fair ; power to lease stall, stand and restaurant sites ; give prizes, arrange entertainments and do all things which by said commission may be considered proper for the conduct of said fair, not otherwise prohibited by law. New York Penal law, sec. 971, sub. 3 : Unlawful to keep or use any table, cards, dice or any other article or apparatus what- ever, used or intended to be used in play- mg any game of cards or faro, or other game of chance, upon which money is ;isually wagered, at any of the following places : 3. Within the distance of one mile from the grounds . . . upon which any public fair, exhibition, exercise or meeting is held in the open air. Violation of this section is a misdemeanor. 12 Agricultural law (Laws of 1909, ch. 9), sec. 310: Any agricultural society or club which shall knowingly permit any immoral, lewd, obscene or indecent show or exhibition, use or knowingly permit the use of any gam- bling device, instrument or contrivance in the operation of which bets are laid or wagers made, wheel of fortune, or playing or carrying on of any game of chance upon grounds used by it during annual fair or exhibition, shall thereupon forfeit its right to any state aid. Officers of association must certify that none of these things have been done before state aid may be paid over. North Carolina Pell's Revisal of 1908, sec. 3867: State appropriation for agricultural fairs shall not be made as directed unless all games of chance shall be excluded from the grounds of the corporation. North Dakota Xo laws found. Ohio Page & Adams annotated code, sec. 1085 : State board of agriculture shall have cus- tody of the fair grounds at Columbus and shall use the same for agricultural purposes and may permit the use of same by persons, firms, associations or corporations for such exhibition purposes and under such condi- tions as the board may from time to time prescribe. 13 Oklahoma Laws of 1911, ch. 118, sec! 2: County fairs receive an appropriation from counties for payment of premiums : provided, that no part of said appropriation shall be used or paid for exhibitions of speed or races. Laws of 1915, sec. 12 : Count}' fair association shall have ex- clusive rights to all stand rights and privi- leges of township and county fairs . . . I>rovided that no money appropriated under this act is used to defray any expenses or cost of races, horse shows or amusements. Laws of 1917, ch. 146: Board of directors have control over state fair, and make all rules, regulations, etc., necessary and suitable for the conduct of annual exhibition . . . not incon- sistent with the constitution and laws of this state . . . Oregon Laws of 1913, ch. 146: County fair board is given exclusive jurisdiction of county fair grounds and is entrusted with entire business management and other matters relating to fair. County treasurer can aopropriate certain amounts for fair, provided, that no part of said funds shall be awarded as premiums or prizes for trials of speed. Board of state fair directors have full control over state fair . . . entire di- rection of all rules, meetings and ex- hibitions. 14 Pennsylvania Laws of 1907, page 702, provided that no appropriation should be paid to agricul- tural association which permitted gambling devices or gambling in any form, upon premises of association during annual ex- hibition : but this act was repealed by Laws of 1917, act No. 412, sec. 8. This act provides that state aid shall be given agricultural associations, but that no association shall receive from the Com- monwealth a greater sum than that paid by the association as premiums on exhibits, exclusive of premiums paid for trials of speed. Porto Rico Laws of 1916, act No. 28 : Abolished the Insular Fair Board, which was created for holding annual exhibitions of agricultural and productive industries. W:ode Island Laws of 1917, resolution No. 53: Appropriates certain sums in state treas- ury for use of certain agricultural societies : provided, that no part of appropriation shall be paid to any society where gambling or sale of intoxicating liquors are permitted on the premises or grounds owned or con- trolled b}' such society. Philippine Islands No laws found. South Carolina No laws found. 15 South Dakota Laws of 1903, ch. 218, sec. 14: No person shall keep any shop, booth, tent, etc., for sale of spirituous liquors, nor engage in any gambling at or within one- half mile of the place where the state fair, or any agricultural, horticultural or me- chanical, county or district fair is being held. Violation of act is misdemeanor; fine not less than $5 nor more than $100. Tennessee Shannon's code of 1917: Statute prohibiting gambling generally under sec. 6224, which provides further that it shall be lawful for every person, upon complying with the rules of public fairs in the state, to enter and contend for any and all premiums, as may be offered by the di- rectors of public fairs in the state. Sec. 3038, provides that it is unlawful to sell liquor within one-half mile of enclosure around fair grounds, during the time of fair, without consent of Board of Directors. Texas No laws found. Utah No laws found. Vermont Public statutes, sec. 5946 : Betting on races forbidden, except that agricultural societies, corporations and as- sociations authorized by law to hold public fairs are exempt from provisions of act. 16 Laws of 1915, act No. 19: Act creating state fair commission pro- vides that no sum appropriated shall be al- lowed to any fair unless there is sworn statement made by superintendent or secre- tary of fair that no gambling establish- ments or obscene exhibitions have been licensed by officers of such fair to operate on grounds. Virc/inia Code of 1904, sec. 3818c: Act to prevent gambling or making books or pools is not to be construed to prevent agricultural (or other) societies from offer- ing a purse or premium at such trials of speed of animals or beasts as may be held by them. Washington No laws found. West Virginia Code of 1913, sec. 5330 : Forbids trafficking in intoxicating liquors at or within one mile of fair. Sec. 5331 : Business of horse trading upon highways or roads within one mile of fair grounds forbidden. IVisconsin Supplement to statutes of 1898, vol. 3, sec. 1463, as amended by the laws of 1913, ch. 496: State aid to agricultural societies and as- sociations for annual fairs providing sworn 17 statement is submitted that (among other things) at such fair, all gambling devices whatsoever; sale of intoxicating liquors and exhibitions of an immoral character, have been prohibited from fair grounds and from adjacent grounds. Wyoming Compiled statutes, 1910, sec. 722 : Board cf state fair commissioners shall not permit, directly or indirectly, any gam- bling device of whatsoever nature to be operated on fair grounds, nor permit any unlawful betting, nor any intoxicating li- quors to be sold thereon.