Alhambra Municipal Code Ch. 9.28 Gambling

Section

Cross-reference:

For further provisions concerning the power of the city to prohibit gambling, Charter § 61(38)

For further provisions concerning gambling devices in night clubs, see Chapter 5.40

Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or maintained in violation of the provisions of:

(A) Cal. Penal Code § 330a;

(B) Any section enumerating in Cal. Penal Code Part I, Title 9, Chapter 9;

(C) §§ 9.28.170 to 9.28.200 are hereby declared nuisances.

('86 Code, § 9.28.020) (Ord. 2672, passed - - ) Penalty, see § 1.12.010

(A) Any article declared by § 9.28.020 of this code to be a nuisance, as a result of the operation, use, keeping, possession, placing or maintaining of which any person has been convicted of or has pleaded guilty to any violation of any law of the state or of any ordinance of the city, shall be destroyed by the Chief of Police after such plea or after judgment of conviction becomes final. The contents of such machine shall be destroyed, or if money, shall be deposited in the general fund.

(B) If any articles subject to destruction as herein provided are in the custody of any court within the city, the Chief of Police shall cause to be made an application to the judge of the court for an order releasing the articles to him for the purpose of complying with this section.

('86 Code, § 9.28.160) (Ord. 1897, passed - - )

It shall be unlawful for any person, either as principal, agent, employee or otherwise, to keep, conduct or maintain within the city, any house, room, apartment, stand or place used in whole or in part as a gambling house or place where any game not mentioned in Cal. Penal Code § 330 is played, con-ducted, dealt or carried on with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing or representative of value.

('86 Code, § 9.28.170) (Ord. 1331, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment, stand or place owned by him or under his charge or control in the city to be used in whole or in part as a gambling house or place for playing, conducting, dealing or carrying on any game not mentioned in Section 330 of the state penal code, with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing or representative of value.

('86 Code, § 9.28.180) (Ord. 1331, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to play or bet at or against any game not mentioned in Section 330 of the state penal code, which is played, conducted, dealt or carried on with cards, dice or other device, for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing or representative of value, in any house, room, apart-ment, or place described in the two preceding sections.

('86 Code, § 9.28.190) (Ord. 1331, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to visit, frequent or be present at or within any house, room, stand or place used in whole or in part as a gambling house, or place where any game is played, conducted, dealt or carried on with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing or representative of value; provided, however, that this section shall not apply to any police officer while in the exercise of his duties as such officer nor to any person whose presence in any such place is necessary in the conduct of his lawful business.

('86 Code, § 9.28.200) (Ord. 1331, passed - - ) Penalty, see § 1.12.010

Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of draw poker, including lowball poker, and every person who plays at or bets at or against any such game of draw poker, is guilty of a misdemeanor.

('86 Code, § 9.28.210) (Ord. 3220, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to print, publish, distribute, circulate, sell or give away in the city, any form chart, chart, table, list, sheet or circular or any newspaper or other publication containing any form chart, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give, or represented as giving any list, or probable or possible list of entries for any horse race thereafter anywhere to take place, if there be printed or published as part thereof or in connection therewith, or in the same publication therewith, or in any other publication, printed or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction or selection of, or advice as to or any key, cipher or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race, or the standing or probable standing of any horse therein, or any statement as to, or comment upon or reference to the form, condition, or standing of, or the actual, probable or possible state, past, present or future, of the betting, wagering or odds upon or against any horse named in such list, or probable or possible list of entries, or unless the names of such horses shall be arranged in such list, or probable or possible list, in alphabetical order, and shall all be printed in type of the same size and face and of identical appearance and shall be printed flush with the left side of the column in which the same are printed, or all an equal distance therefrom.

('86 Code, § 9.28.220) (Ord. 2279, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person, after any horse race anywhere shall have taken place, to print, publish, distribute, circulate, sell or give away in the city any form chart, chart, table, list, sheet or circular, or any newspaper or other publication containing any form chart, chart, table, list, sheet, circular or publication of any kind giving or purporting to give, or represented as giving, any list of horses which are the to have participated in such horse race, if there be printed or published as part thereof, or in connection therewith, or in the same publication therewith, or in any other publication, printing or writing accompanying the same or referring thereto or connected herewith, any state-ment as to, or comment upon, or reference to the form or condition of, or the state, at any time, of the betting, wagering or odds upon or against any horse said to have participated in such horse race, or any information, or pretended information, comment, tip or prediction of or concerning any horse said to have participated in such horse race, which will or may aid, enable, encourage, or assist any person to bet or wager or to establish odds or to lay a basis upon which to bet or wager, at any time thereafter, upon or against such horse in any horse race in which such horse may participate or be intended to participate at any time.

('86 Code, § 9.28.230) (Ord. 2279, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to have in his possession in the city any form chart, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give, or represented as giving any list, or probable or possible list, of entries for any horse race thereafter anywhere to take place, or which has already taken place, or is taking place, if there be printed or published as part thereof, or in connection therewith, or in any other publication, printing or writing accompanying the same or referring thereto, or connected therewith, any tip, information, prediction or selection of, or advice as to, or any key, cipher or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice, as to the winner or probable winner or loser or probable loser, or the result or probable result of any such race, or the standing or probable standing of any horse therein, or any statement as to, or comment upon, or reference to the form, condition or standing of, or the actual, probable or possible state, past, present or future, of the betting, wagering or odds upon or against any horse named in such list, or probable or possible list of entries or unless the names of such horses shall be arranged in such list, or probable or possible list, in alphabetical order, and shall all be printed in type of the same size and face and of identical appearance, and shall all be printed flush with the left side of the column in which the same are printed, or all an equal distance therefrom.

('86 Code, § 9.28.240) (Ord. 2279, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person as part of, or in connection with, or in the same publication with any or in any newspaper or other publication con-taining any form chart, chart, table, list, sheet, circular or publication of any kind, giving or pur-porting to give, or represented as giving, any list of horses which are said to have participated in any horse race, to print, publish, distribute, circulate, sell or give away in the city, any column of index numbers, or any index number, or any column of numbers, or any number, connected with or referring to, any catalogue, club list, publication, printing or writing of any kind in which the racing or speed records or turf standings of any horse is written, printed, or kept; or to so print, publish, distribute, circulate, sell or give away in the city, any column of bets or betting or of opening or closing betting, or any statement of or any reference to any bet or betting upon or against any horse in such horse race.

('86 Code, § 9.28.250) (Ord. 2279, passed - - ) Penalty, see § 1.12.010

It shall be unlawful for any person to print, publish, distribute, circulate, sell or give away, in the city any newspaper or other publication containing any statement of publication of the time, record or rate of speed made by any horse in any morning gallop or morning canter or gallop or canter, or warm up, or exercise, or of the time, record or rate of speed made by any horse, at any time, unless the same shall have been made in a regularly announced and attended race against other horses, or in a regularly announced and attended race against time.

('86 Code, § 9.28.260) (Ord. 2279, passed - - ) Penalty, see § 1.12.010

The provisions of §§ 9.28.220 through 9.28.260 shall not apply to any newspaper of general circula-tion which shall be exempt under the Constitution of the United States or the constitution of the state.

('86 Code, § 9.28.270) (Ord. 2279, passed - - )

It shall be unlawful for any person to offer to bet or offer to receive bets on any horse race.

('86 Code, § 9.28.280) (Ord. 2279, passed - - ) Penalty, see § 1.12.010