Division 2 — GAMBLING HOUSES

4212. • GAMBLING HOUSES PROHIBITED.

No person, either as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall keep, conduct or maintain any house, room, apartment or place used in whole or in part as a place where any game not mentioned in Section 330 of the State Penal Code is played, conducted, dealt or carried on with cards, dice, chips or any other similar device, for money, checks, chips, credit or any other representative of value or for any merchandise or thing of value.

No person, either as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall knowingly permit any house, room, apartment or place owned by such person or under the charge or

control of such person, to be used in whole or in part for playing, conducting, dealing or carrying on therein, any game not mentioned in Section 330 of the State Penal Code, with cards, dice, chips or any other similar device, for money checks, chips, credit or any other representative of value or for any merchandise or thing of value.

No person, as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall operate, maintain, conduct or carry on as a business any public card room or public game room or any other public place where any poker game, card game or any game of chance is played, conducted, carried on or permitted.

No person shall visit, frequent, participate in or be present in any house, room, apartment, stand or place used in whole or in part, where gambling is being conducted or carried on or where any person receives, holds or wards, or purports to receive, hold or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, which is staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result or purported result of any trial or contest, or purported trial or contest of skill, speed or power of endurance of man or beast, or between men, beasts or mechanical apparatus or upon the result or purported result of any lot, chance, casualty unknown or contingent event whatsoever.

The enclosure of a horse track, when licensed by the California Horse Racing Board, shall not be deemed a gambling house or place, so long as the wagering is confined to pari-mutuel wagering upon the results of a horse race.