Chapter 7.20 — GAMBLING

Sections:

7.20.010 Illegal card and dice games.

7.20.020 Other illegal games of chance or skill.

7.20.030 Redemption games permitted.

7.20.040 Conduct of illegal games—Control of premises of illegal games.

7.20.050 Permitting illegal games.

7.20.060 Exception for authorized bingo games.

7.20.070 Gambling devices declared nuisance.

7.20.080 Destruction of gambling devices.

7.20.130 Illegal gambling—Seizure of furniture and equipment.

7.20.140 Illegal gambling—Frequenting premises.

7.20.150 Bookmaking—Use of telephone or telegraph facilities.

7.20.160 Tip sheets.

7.20.170 Possession of book or device for recording bets and wagers.

7.20.180 Gambling at dice or pool.

7.20.200 Validity.

Every person who, within the City of Anaheim, plays, deals, opens, conducts, carries on, or otherwise participates in any game which is played, dealt, conducted or carried on, with cards or dice for money, checks, credit, merchandise or other representative or articles of value, and every person who plays or bets with or against any of said prohibited games, is guilty of a misdemeanor; provided, however, this section shall not prohibit or apply to any game expressly prohibited by state law or to any game expressly authorized by state law and which game the City of Anaheim is not otherwise authorized to prohibit. It is the intent of this section to prohibit the playing of all card and dice games for money, checks, credit, merchandise or other representative or articles of value within the City which games are within the power of the City of Anaheim to prohibit. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980: Ord. 5483 § 1 (part); March 14, 1995.)

In addition to the card and dice games prohibited by Section7.20.010 of this Code, and except as provided in Section 7.20.030 of this Code, every person who, within the City of Anaheim, plays, opens, conducts, carries on, or otherwise participates in any game upon the result of which money or other representative or article of value is staked, risked or hazarded and, as a result of which game, money, checks, credit, merchandise or other representative or articles of value, or tokens redeemable in or exchangeable for money or any other thing of value, is won or lost, regardless of whether chance or skill is the determining factor, or is any determining factor, in the result of such game, is guilty of a misdemeanor; provided, however, this section shall not prohibit or apply to any game expressly prohibited by state law or to any game expressly authorized by state law and which game the City of Anaheim is not otherwise authorized to prohibit. It is the intent of this section to prohibit the playing of all games of chance or skill for money, checks, credit, merchandise or other representative or articles of value within the City which games are within the power of the city of Anaheim to prohibit except as authorized pursuant to Section 7.20.030 of this Code. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980: Ord. 5483 § 1 (part); March 14, 1995.)

.010 The term "redemption game" as used in this section shall mean and refer to any game of skill (other than games prohibited pursuant to Section 7.20.010 of this Code) including arcade games, and those games of the type traditionally found at a carnival or fair, upon the result of which game money or other thing of value is staked, risked or hazarded and as a result of which game a prize, merchandise or other thing of value (other than money), or tokens redeemable for prizes, merchandise or other things of value (other than money) is won or lost, and the result of which game is not dependent upon chance as any determining factor.

.020 Section 7.20.020 of this Code shall not prohibit or otherwise apply to any redemption game for which a redemption game permit and, if applicable as hereinafter provided, a redemption game arcade permit has been issued by the City of Anaheim and which permit(s) is (are) then currently in full force and effect.

.030 The term “amusement device” as used in Section 18.16.050 of Chapter 18.16 of this Code shall be deemed to include the term “redemption game” as defined in subsection .010 of this section notwithstanding any other provision of Section 18.16.050 to the contrary.

.040 Redemption game permits and redemption game arcade permits shall be processed, approved, denied and revoked to the same extent and in the same manner as set forth in Section 18.16.050 of this Code for the processing, approval, denial and revocation of amusement device permits and/or amusement device arcade permits, respectively, except as follows:

.0401 A separate application shall be filed for each such redemption game and each such application shall contain the following information in addition to the information required by Section 18.16.050.020 of this Code:

.01 A statement that chance is not a determining factor in the result of such game nor in the award of any prize, merchandise, tokens, or other thing or representative of value based upon the result of such game. The Chief of Police or his designated representative may require additional information or evidence to establish the validity of such statement as part of the application process.

.02 A statement of the rules of such game including the manner in which the result of such game and the award of any prize, merchandise, tokens, or other thing or representative of value is determined.

.03 A statement of the minimum amount of money or other thing or representative of value necessary to be risked by the player or participant in such game which minimum amount shall not exceed one dollar.

.04 A statement that neither money nor tokens or other representative of value redeemable for money shall be awarded as prizes in such game.

.050 This section shall not authorize or apply to any game expressly prohibited by state law, or to any game expressly permitted by state law and which game the City of Anaheim is not otherwise authorized to permit or control by local regulation. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980: Ord. 5483 § 1 (part); March 14, 1995: Ord. 6245 § 18; June 5, 2012.)

.010 Every person who causes, either directly or indirectly, any game prohibited by any provision of either Section7.20.010 or 7.20.020 of this Code to be played, dealt, opened, carried on, or conducted, or who conducts or participates in the conduct of any such prohibited game, whether as owner, employee or unpaid volunteer, shall be guilty of a misdemeanor.

.020 Every person, firm, corporation or association who, for profit, or for anything of value, or for commercial purposes of any nature, keeps, operates, conducts or maintains, either directly or indirectly, within the City of Anaheim, any house, room, apartment, dwelling place, building, premises or other place where any game prohibited by any provision of either Section 7.20.010 or 7.20.020 of this Code is played, conducted, dealt or carried on, shall be guilty of a misdemeanor.

.030 Every person, firm, corporation or association, who, either as owner, lessor, lessee, principal, agent, employee, participant or otherwise, maintains, keeps, operates or conducts, either directly or indirectly and in whole or in part, or who directly or indirectly is in possession of any house, room, apartment, dwelling place, building, premises, or other place upon or in which any games prohibited by any provision of either Section 7.20.010 or 7.20.020 of this Code are played, dealt, conducted or carried on, and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such game or as an admission fee to any place where any such game is played or conducted, or who directly or indirectly gains or receives anything of value or any financial profit from the playing, dealing, conducting or carrying on of any such game shall, for the purposes of this section, be deemed to be keeping, conducting, operating and maintaining the same for profit or commercial purposes. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980: Ord. 5483 § 1 (part); March 14, 1995.)

It shall be unlawful for any person, firm, corporation or association, owning, leasing, managing, controlling or having any interest in any property or premises lying within the City of Anaheim to cause or permit the maintenance or operation in or on such property or premises, having knowledge, or after reasonable notice of the existence thereof, of any game, operation or transaction declared by the provisions of Section 7.20.010 or 7.20.020 of this chapter to be unlawful. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980.)

Nothing contained in this chapter shall be deemed to prohibit the participation in, play, conduct, carrying on or operation of any bingo game authorized pursuant to the provisions of Chapter 7.34 of this Code. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980.)

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:

.010 Section 330a of the Penal Code of the State; or

.020 Any section enumerated in Part 1, Title 9, Chapter 9 of the Penal Code of the State of California; or

.030 The provisions of this chapter, hereby is declared to be a nuisance and shall be subject to abatement as provided in this chapter. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980.)

Any article declared by Section 7.20.070 of this code to be a nuisance as a result of the operation, use, keeping, possession, playing or maintaining of which any person has been convicted of, or has pleaded guilty to, any violation of any law of this State, or any of the provisions of this code, or any ordinance of this City, shall be destroyed by the Chief of Police after such plea or after judgment of conviction becomes final. Such article and the contents thereof shall be destroyed; provided, however, that any money so declared to be a nuisance shall be deposited in the General Fund of the City.

If any article subject to destruction, as herein provided, is in the custody of any court within the City, the Chief of Police shall cause an application to be made to such court for an order releasing such article to him for the purpose of complying with this section. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980.)

In addition to any other remedy provided by law, any furniture, fixtures, equipment or article, or anything of value, used in violation of any provision of this chapter, may be seized by any of the officers designated by Section 335 and 335a of the Penal

Code of the State of California and, in such cases, shall be disposed of in the same manner as provided in said Section 335a of said Penal Code; provided, however, that the phrase "machine or device" as used in said Section 335a of the Penal Code, shall mean any furniture, fixtures, equipment or article, or anything of value, except money, coin or currency. Any or all money, coin or currency used in violation of any provision of this chapter and seized pursuant to this section shall be deposited in the General Fund of the City. (Ord. 4121 § 1 (part); April 29, 1980.)

No person shall visit, frequent or be present at or within any house, room, apartment, office or place used in whole or in part as a place where any game or device is played, operated, conducted, dealt or carried on with cards, dice, billiard balls, pool balls or other devices for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value, prohibited by Section 330 or 330a of the Penal Code of the State of California. (Ord. 1581 § 1; June 6, 1961: Ord. 4121 § 1 (part); April 29, 1980.)

Except as otherwise expressly permitted by state law, no person shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a betting pool, or for the purpose of conducting the business of making book or selling pools on races or other contests, or of betting or laying wagers upon the result of any race or contest. Except as otherwise expressly permitted by state law, no person shall transmit any message over any telephone or telegraph line or wire knowing that such message is to be used in connection with conducting or carrying on a betting pool or making book or selling pools on races or other contests or of betting or laying of wagers upon the result of any race or contest. (Ord. 1428 § 2 (part); December 22, 1959: Ord. 4121 § 1 (part); April 29, 1980; Ord. 5831 § 6; October 15, 2002.)

Except as otherwise expressly permitted by state law, no person engaged in conducting or carrying on a betting pool or in conducting the business of making book or selling pools on races, or the betting or laying of wagers upon the results of any race or contest, shall have in his or her possession any written or printed form, chart, table, list sheet, circular or publication of any kind giving or purporting to give any list of entries for any horse race or other contest thereafter anywhere to take place, if there be written or printed or published as part thereof, 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 other contest or the standing or probable standing of any horse or contestant therein or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse or other contestant, or the actual, probable or possible result of any race or contest, or the actual, probable or possible state, past, present or future of the betting, wagering or odds upon or against any horse or other contestant named in such list, or probable or possible list, or entries unless the names of such horses or other contestants 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 and equal distance therefrom. (Ord. 4121 § 1 (part); April 29, 1980; Ord. 5831 § 7; October 15, 2002.)

Except as otherwise expressly permitted by state law, no person shall have in his or her possession any book, paper, apparatus, device or paraphernalia for the purpose of recording or registering any bet or any purported bet or wager, or any purported wager, upon the result, or purported result, of any trial, or purported trial, or contest or purported contest, of skill, speed, power or endurance of man or beast, or between men, beasts or mechanical apparatus, or upon the result or purported result of any lot, chance, casualty or contingent event whatsoever. (Ord. 4121 § 1 (part); April 29, 1980; Ord. 5831 § 8; October 15, 2002.)

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 dice having six faces or less, or any game played with small round balls usually having one flat face and commonly referred to as "pool peas," or any games using pool balls for the purpose of engaging in billiards, snooker, pool or a similar game, when the aforementioned games are played for money, checks, credit or other representative of value, and every person who bets at or against any of the aforementioned and prohibited games, is guilty of a misdemeanor. (Ord. 4121 § 1 (part); April 29, 1980.)

If any section, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, as applied to any person or persons, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Anaheim hereby declares that it would have passed this chapter, and each section, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid. (Ord. 4121 § 1 (part); April 29, 1980.)