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305. The provisions of the preceding section do not apply to any person carrying on a regular business in the sale of liquors or other articles, which business was established prior to the appointment of the meeting referred to in such section.

307. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparations, is sold or given away, to be smoked at such place; and any person who, at such place, sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; and every person who visits or resorts to any such place for the purpose of smoking opium or its said preparations, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. 1881-34.

308. Every person, firm or corporation which sells or gives or in any way furnishes to another person who is in fact under the age of eighteen years any tobacco, cigarette or cigarette papers, or any other preparation of tobacco is guilty of a misdemeanor, and upon conviction thereof shall be punished for the first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment for not more than sixty days; and for the second offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than ninety days; and for each subsequent offense by a fine of not less than one hundred dollars and not more than three hundred dollars, or by imprisonment for not less than ninety days nor more than six months, or by both such fine and imprisonment.

Every person, firm or corporation which sells, or deals in tobacco or any preparation thereof, shall, within ninety days after this act becomes effective, post conspiciously and keep so posted in his or their place of business, a copy of this act, and any such person failing to do so shall upon conviction be punished by a fine of five dollars for the first offense and twenty five dollars for each succeeding violation of this provision, or by imprisonment for not more than thirty days.

The secretary of state is hereby authorized to have printed sufficient copies of this act to enable him to furnish dealers in tobacco with copies thereof upon their request for the same.

1911-481.

308b. Any principal, teacher, employee or school officer of any elementry or secondary school who refuses to use the text-books prescribed by the proper authority for use in the elementary or secondary schools under his charge, who causes any pupil to purchase any supplementary book or books for said pupil's use in the schools, or who refuses or willfully neglects to make such

reports as are required by law, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than one hundred dollars, 1909-403.

309. Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor, who shall admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor. 1880-36.

310. Any person, firm or corporation, who, in any manner,

310. Flag; Definition of; Use of; Exceptions. [(a) The word "flag["] as used in this section and in section 310a of this code includes every flag, standard, color, or ensign authorized by the laws of the United States or of this state, and every picture or representation thereof, of any size, made of any substance, or represented on any substance evidently purporting to be any such flag, standard, color or ensign of the United States or of this state, and every picture or representation which shows the design thereof.

[(b) The provisions of this section and of section 310a of this code shall be so interpreted and construed as to effectuate their Jeneral purpose to make uniform the laws of the state which enact them.

[(c) Whenever by the provisions of this code or of any statute or this state, the use of the flag of the United States or of this state or of any picture or representation of such flag is made penal or unlawful, such code or statute shall not apply to any act permitted by the statutes of the United States or of this state or by any regulations of the United States army or navy nor shall it be construed to apply to newspaper, periodical, book, pamphlet, circular, certificate, diploma, warrant or commission of appointment to office, ornamental picture, article of jewelry or stationery for use in correspondence, on any of which is printed, painted or placed said flag with no design or writing thereon, and disconnect. ed from any advertisement.] (In effect 91 days from and after Mov 15. 1929. Stats. 1929, Chap. 59.) Penal Code, 1929. thereon pursu

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310a. Any person, firm or corporation who in any manner, for exhibition or display, puts, places or causes to be placed. an inserin tion, picture, device docion

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305. The provisions of the preceding section do not apply to any person carrying on a regular business in the sale of liquors or other articles, which business was established prior to the appointment of the meeting referred to in such section.

307. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparations, is sold or given away, to be smoked at such place; and any person who, at such place, sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; and every person who visits or resorts to any such place for the purpose of smoking opium or its said preparations, is guilty of a of shall be punished by a

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more than thirty days.

The secretary of state is hereby authorized to have printed sufficient copies of this act to enable him to furnish dealers in tobacco with copies thereof upon their request for the same.

1911-481.

308b. Any principal, teacher, employee or school officer of any

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308b. Repealed. (Supplemental Books, Purchase of.) (In effect 91 days from and after May 15, 1929. Stats. 1929, Chap. 23.)

Penal Code, 1929.

in the schools, or who refuses or willfully neglects to make such

reports as are required by law, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than one hundred dollars, 1909-403.

309. Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor, who shall admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor. 1880-36.

310. Any person, firm or corporation, who, in any manner, r exhibition or display, puts, places, or causes to be placed, an scription, picture, device, design, symbol, name, advertisement, ord, letter, character, mark or notice of any kind whatsoever, pon any flag of the United States, or ensign evidently purportg to be such flag, or who in any manner appends, annexes or ffixes to any such flag any inscription, picture, device, symbol, ame, advertisement, word, letter, character, mark or notice whatoever, or who displays or exhibits, or causes to be displayed or xhibited, any flag of the United States or ensign purporting to e such flag, upon which is put, attached, annexed, affixed or laced in any manner, any inscription, picture, design, device, symol, name, advertisement, word, letter, mark or notice whatsoever, r who mutilates, tramples upon, or otherwise defaces or defiles ny such flag, said flag being public or private property, or who places or causes to be placed on any manufactured or prepared rticle or covering of said article, such flag or indication of such lag, or who uses or causes to be used for the purpose of a commercial or other trade mark, such flag or indications of such flag, shall be fined not more than two hundred dollars or imprisoned not more than one year, or both, for each and every offense, in the county jail of the county in which the trial is held; provided, however, that flags, or ensigns, the property of and used in the service of the United States, or any state, territory or District of Columbia, may have inscriptions, names of actions, battles, skirmishes, or words, marks or symbols, which are placed thereon pursuant to law or authorized regulations. 1917-43.

310a. Any person, firm or corporation who in any manner, for exhibition or display, puts, places or causes to be placed, an inscription, picture, device, design, symbol, name, advertisement, word, letter, character, mark or notice of any kind whatsoever upon any flag of the State of California, as designated and described in “An act to select and adopt the Bear Flag as the state flag of Califprnia," approved February 3, 1911, or ensign evidently purporting to be such flag or any design thereof, or who in any manner appends, annexes or affixes to any such flag or any design thereof any in

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310a. Desecration of National or State Flag; Penalty. [Whoever, in any manner for exhibition or display places or causes to appear any word, figure, mark, picture, design, drawing or any advertisement of any nature, upon any flag, as defined in section 310 of this code, of the United States or of this state; or shall expose to public view any such flag upon which is printed, painted or otherwise placed or to which is attached, appended, affixed, or annexed any word, figure, mark, picture, design, drawing or any advertisement of any nature, or whoever exposes to public view, manufactures, sells, exposes for sale, gives away or has in possession for sale or to give away or for use for any purpose, any article or substance, being an article of merchandise or a receptacle of merchandise or article or thing for carrying or transport. ing merchandise upon which is printed, painted, attached or other. wise placed a representation of any such flag, standard, color or ensign to advertise, call attention to, decorate, mark or distinguish the article or substance on which so placed; or publicly mutilates, defaces, defiles or tramples any such flag is guilty of a misdemeanor.] (In effect 91 days from and after May 15, 1929. Stats. 1929, Chap. 59.) Penal Code, 1929.

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tions; and provideu, date of the passage hereof have and are using as emblems or badges of membership in said societies a design consisting of a single star and stripe and a bear, together with words or letters on or in proximity to the design indicating the society of which it is the emblem, may continue the manufacture and use of such emblems or badges as insigna of membership in said societies. 1919-147.

CHAPTER VIII.

Indecent Exposure, Obscene Exhibitions, Books and Prints, and Bawdy and Other Disorderly Houses.

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311. Every person who willfully and lewdly, either:

One. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

Two. Procures, counsels, or assists any person so to expose himself, or to take part in any model artist exhibition, or to make any other exhibition of himself to public view, or to the view of any

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