Alameda Municipal Code § 4-49 Gambling Houses

No person shall, in the City, keep or maintain, or become an inmate of, or a visitor to or shall in any way contribute to the support of any house or place for the practice of gambling, or knowingly let or underlet, or transfer, the possession of any premises for the use, by any person, for any of the purposes.

(Ord. No. 535 N.S. § 16-211)

It shall be unlawful for any person within the limits of the City to exhibit or expose to view in any barred or barricaded house or room, or in any place protected in a manner to make it difficult of access or ingress to Police Officers when three (3) or more persons are present, any playing cards, dice, dominoes, fan-tan table or layout or any part of such layout, or any gambling implements whatsoever.

(Ord. No. 535 N.S. § 16-212)

Every building or place used for the purpose of unlawful gambling, lotteries or games of chance, played for money or other things of value in violation of any provision of the Penal Code or City ordinances, and every building or place wherein or upon which such gambling, lotteries or games of chance are held or occur, is hereby declared to be a public nuisance which may be abated and suppressed as provided in this section.

(Ord. No. 535 N.S. § 16-221)

Whenever the Chief of Police finds that such unlawful gambling, lotteries or games of chance are being conducted or carried on at any building or place within the City, he/she shall, in writing, notify the owner thereof and order him/her to abate the nuisance immediately. Said notice and order shall be served upon the owner in the manner hereinafter set forth for the service of notice by the City Clerk.

Therefore, if the nuisance is not immediately abated and suppressed, and kept effectually suppressed at the building or place during the period of one (1) year next after the service of said notice, the Chief of Police shall immediately inform the City Council of the existence of the nuisance, and of the neglect or refusal of the owner to abate the same.

(Ord. No. 535 N.S. § 16-222)

Upon receipt of such information the City Council shall pass a resolution declaring that, according to its information and belief, such a nuisance exists or is being maintained at a certain building or place, giving the location of the same, and notifying the owner of the building or place to appear before the Council at a time to be specified in the resolution and show cause why the nuisance should not be abated and suppressed as herein provided.

(Ord. No. 535 N.S. § 16-223)

Upon the passage of the resolution the City Clerk shall notify the owner of the building or place of the passage thereof, by mailing a copy of the resolution, registered and postage prepaid, to his/her post office address, or cause such copy to be delivered to him/her personally in the manner provided for the service of summons in civil process. If the name or address of the owner is doubtful or unknown to the City Clerk, notification of the passage of the resolution may be made by posting a copy thereof conspicuously on the building or place referred to in the resolution and delivering another copy to the occupants thereof. In every case notification of the passage of the resolution shall be given as aforestated at least seven (7) days prior to the time set for the hearing. The City Clerk or person who actually delivers or posts the copy of the resolution shall make and file his/her affidavit certifying to the time and manner of doing the same.

(Ord. No. 535 N.S. § 16-224)

At the time set for the hearing the City Council shall hear the testimony offered on the part of the Chief of Police and also on the part of the owner, provided that the hearing may be continued or adjourned, if the Council should find it necessary or desirable. After considering the testimony and such other evidence as may be presented, the Council shall render its decision, either dismissing the proceeding, or ordering the abatement and suppression of the nuisance, in which latter case it shall order the building or place where the nuisance exists or was maintained to be closed up and kept closed effectually for a period of one (1) year next thereafter, which decision and order shall be final and conclusive.

(Ord. No. 535 N.S. § 16-225)

If the existence of such a public nuisance be established and proved to the satisfaction of the City Council as aforementioned, the Chief of Police shall remove from such building or place all the fixtures, devices and other movable property used in conducting, maintaining, aiding or abetting the nuisance, and the property shall be sold in the manner provided for the sale of chattels under execution. In accordance with the order aforementioned, such building or place shall be closed and kept closed effectually for a period of one (1) year next thereafter, against its use for any purpose whatsoever, unless sooner released as hereinafter provided. While the order remains in effect the building or place shall be and remain in the custody of the City Police Department.

(Ord. No. 535 N.S. § 16-226)

The proceeds of the sale of any personal property, as provided in the preceding section, shall be applied as follows:

a. First. To the costs of such removal and sale.

b. Second. To the cost of closing the building or place as aforesaid, and keeping the same closed;

c. Third. The balance, if any, shall be paid to the owner of the property so sold; provided, however, that all devices or movable property not capable of being used for anything except gambling or lottery purposes, shall be summarily destroyed.

(Ord. No. 535 N.S. § 16-227)

Should the owner of the building or place appear and give a bond payable to the City with two (2) sureties or a surety company, approved by the Mayor, in an amount equal to the value of the lot or parcel of land upon which the building or place is located according to the last equalized assessment roll of the City, conditions that he/she will immediately abate the nuisance and prevent the same from being established or kept thereat for a period of one (1) year next thereafter, then the Mayor may, if satisfied of his/her good faith and the sufficiency of the bond and sureties, order the building or place released and delivered up to said owner.

(Ord. No. 535 N.S. § 16-228)

In lieu of the bond aforementioned the Mayor may, at his/her option, require the owner to put up the amount in cash, to be deposited in a savings bank to the credit of the City, as a guarantee or pledge that the building or place will not be used for such gambling or lottery purposes for one (1) year thereafter as aforesaid.

(Ord. No. 535 N.S. § 16-229)

If, thereafter, the building or place is not used for such gambling or lottery purposes for the period of one (1) year as aforementioned, then any bond given by the owner shall be deemed null and void; in case the amount required was deposited in cash instead of a bond, the same shall then be drawn from the savings bank wherein it was deposited and returned to the owner, together with the interest paid thereon by the bank. If, however, satisfactory proof is made to the City Council that such gambling games or lotteries have been reestablished or carried on at the building or place during the period covered by the bond, or cash deposit, then, and in that case, the bond or cash deposit shall be forfeited to the City.

(Ord. No. 535 N.S. § 16-2210)

For the purpose of this section the word owner shall mean the person named as such on the official records of Alameda County, and shall include individuals, corporations, associations, partnerships, also trustees, lessees and agents.

(Ord. No. 535 N.S. § 16-2211)

This section shall not be deemed as providing the exclusive method for abating or suppressing such nuisances, but simply as an alternative or cumulative method therefor, and the invocation of this section shall not prevent the City, at any time, from enjoining the maintenance of such nuisance, or invoking any other method provided by the codes or general laws for abating the same.

(Ord. No. 535 N.S. § 16-2212)