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Original Document
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Original Document
Philadelphia City Council, Ordinance repealing Philadelphia Blue Laws and permitting Sunday sporting events, November 19, 1933.

The following is a true and correct copy of the original passed by Philadelphia City Council and approved by the Mayor on Tenth day of November, Nineteen-thirty-three.

AN ORDINANCE

To carry into effect the Act of Assembly of April 25, 1933, entitled "An Act relating, to baseball and football on Sunday; prohibiting baseball and football on Sunday during certain hours, and also during certain other hours unless the electors of a municipality are in favor of the same and, in certain cases, a license has first been, secured from the municipal authorities; providing for referendums to ascertain the will of the electors, and for the enactment and repeal of licensing ordinances and resolutions in accordance therewith; providing penalties; and repealing inconsistent laws;" and providing for licensing of such games and for license fees and penalties.

WHEREAS, By virtue of the electors of the City of Philadelphia having voted favorably on the question whether baseball and football games may be conducted, staged or engaged in, in the City of Philadelphia on Sundays between the hours of two o'clock post meridian and six o'clock post meridian, it has now become lawful to conduct, stage or engage in such games on Sundays between said hours, in which an admission fee may be charged or is incidental thereto, providing a license has first been obtained and secured from the municipal authorities as hereinafter provided; therefore

Section 1. The Council of the City of Philadelphia ordains, That it shall henceforth be unlawful for any person, co-partnership, association or corporation to conduct, stage or engage in any baseball or football game at which an admission fee is charged or is incidental thereto, on Sundays between the hours of two o'clock post meridian and six o'clock post meridian, unless and until such person, co-partnership, association or corporation desiring or intending to conduct or stage any such baseball or football game shall have first procured from the Director of Public Safety of the City of Philadelphia, a license to conduct, stage or engage in such baseball or football game.

Section 2. The Director of Public Safety is hereby authorized and directed to grant licenses for the conducting, staging or playing of baseball or football on Sunday, between the hours aforesaid, upon proper and bona fide application for the same which application shall be accompanied by affidavit setting forth the kind of game to be played, the place it is to be held and the seating capacity of such place, and whether that place is equipped with stands or other accommodations for spectators, such application to be accompanied by the payment of the requisite sum as provided in the following schedule:

a. For baseball or football games where the event is to be held in a stadium, ball park, arena or other edifice, with seating capacity accommodating 5,000 or more spectators, the license fee shall be fifty (50) dollars for each game.

b. For baseball or football games where the event is held in a stadium, ball park, arena or other edifice, with seating capacity accommodating from 2,500 to, but not including, 5,000 spectators, the license fee shall be ten (10) dollars for each game.

c. For baseball or football games where the event is held in a stadium, ball park, arena or other edifice with seating capacity accommodating from 1,000 to, but not including, 2,500 spectators, the license fee shall be five (5) dollars for each game.

d. For baseball or football games where the event is held in a stadium, ball park, arena or other edifice with seating capacity accommodating less than 1,000 spectators or is in a playground, field or open lot whereon there is no structure for the accommodation of spectators, the license fee shall be one (1) dollar for each game.

It shall be the duty of the Director of Public Safety to make such investigation as he deems necessary to ascertain the truth of the facts set forth in the application and all other pertinent matters incident to the licensing of any baseball or football games as he deems necessary; and it shall further be the duty of the said Director forthwith to pay the a-mounts received by him as license fees into the City Treasury: Provided, That should the playing of any such game be postponed because of rain or other like cause, or interrupted thereby before a completed game within the rules of the association or other agency sponsoring such game has been played, then a substituted license may be issued for a later date without payment of a further or additional license fee.

Section 3. Contributions solicited, directly or indirectly, or permitted by the person, co-partnership, association or corporation or its or their servants, agents or employees at or in connection with such game shall, within the meaning of this ordinance, constitute an admission charge, and all baseball or football games conducted, staged or engaged in on Sundays between the hours aforesaid, at which such collections are solicited or permitted shall be unlawful unless a license shall be obtained and license fee paid under the foregoing provisions of this ordinance.

Section 4. Any person, co-partnership, association or corporation violating any of the provisions of this ordinance or Section 1 of the Act of Assembly approved April 25, 1933, whether as a promoter, sponsor, player or otherwise of or in any such game, shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine not exceeding ten (10) dollars, and in default of payment of such fine and costs of prosecution, such person or any member or agent of any co-partnership or association or any officer or agent of any corporation, responsible for such violation, shall be imprisoned for a period of not more than five days.

Section 5. All ordinances or parts of ordinances inconsistent herewith, to the extent of such inconsistency, be, and the same are hereby repealed: Provided, That the ordinance approved December 15, 1931, entitled, "An Ordinance providing for the licensing of athletic contests and exhibitions at which the public is charged an admission fee and providing for a fee therefore which shall be sufficient to reimburse the City for the expense of protecting the public safety in connection with such contests and exhibitions and providing penalties for the violation hereof", shall not be repealed but shall remain in full force and effect.

ATTEST ;
David W. Harris,
Clerk of City Council.


Credit: Philadelphia City Council
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