Is an ordinance to regulate gambling within the jurisdiction of the Municipal Police Service valid if not in conflict with general law?

California, United States of America


The following excerpt is from People v. McGennis, 244 Cal.App.2d 527, 53 Cal.Rptr. 215 (Cal. App. 1966):

As to the first problem, the court said 'it is clear that the regulation of gambling in any form is within the purview of local police power. * * * The ordinance, therefore, is valid if not in 'conflict' with general law. * * * There are many situations wherein municipal police power may operate on the same subject matter embraced in state legislation. This is particularly true when the local regulations purport only to supplement the general by additional reasonable requirements, or are in aid and furtherance thereof (Pipoly v. Benson, 20 Cal.2d 366, 370, 125 P.2d 482, 147 A.L.R. 515, and cases cited therein).'

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