Article 2 — Other Gambling

• (a) Except as provided in Article 1 of this chapter, it is unlawful for any person, either as owner, lessee, manager, employee, agent, or servant, to conduct, manage, carry on, maintain, operate, open, deal, or deal in (collectively "conduct"), or to cause or permit to be conducted, any game, operation, or transaction (collectively "game") wherein: (1) any prize, gift, rebate, compensation, reward, award, payment, or gratuity consisting of any money, check, token, credit, goods, wares, merchandise, property, or thing of value (collectively "prize") is or is to be given, awarded, or delivered, either directly or indirectly; and (2) chance is the determining factor or a determining factor of the result of the game.

• (b) For purposes of this section, "game" shall include the: (1) throwing, tossing, dropping, depositing, or placing of any ball, marker, object, thing, or substance into any perforation, hole, or indentation in or upon any surface, receptacle, container, object, or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design, or mark of any kind (collectively "mark"); (2) selecting, designating, turning, indicating, choosing, or projecting of any mark by any device, apparatus, or equipment, or by any means or in any manner; or (3) drawing, selecting, choosing, or removing from any receptacle or container any ball, disk, object, substance, or material marked, designated, or identified by or with any mark corresponding to, duplicating, referring to, or relating to, in whole or in part, directly or indirectly, any mark upon any card, paper, board, fabric, surface, object, substance, or thing held, used, operated, or maintained by any player, participant or person, where by any predetermined or prearranged rule, method, scheme, design, or procedure any person is found, declared, or determined to be, or is, or is to be, the winner, donee, recipient, or taker of a prize in the event any such player or participant pays, deposits, expends, gives, or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give, or pledge, either directly or indirectly, any money, check, credit, property, or thing of value or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where the game is, or is to be conducted.

• (Ord. 17, § 1; Ord. 18-861, § 2)

It is unlawful for any person to participate in, play in, or engage in, either directly or indirectly, any game prohibited by the provisions of Section 5-3.201 of this article. (Ord. 17, § 2; Ord. 18-861, § 2)

It is unlawful for any person, owning, leasing, managing, controlling, or having any interest in any property or premises lying within the City 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 declared by the provisions of Section 5-3.201 of this article to be unlawful. (Ord. 17, § 3; Ord. 18-861, § 2)

No provision of Sections 5-3.201 through 5-3.203 of this article shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320 or 330 of the Penal Code of the State, or of any other Code section or general law of the State, it being the intent of the Council to prohibit all games, operations, or transactions described in this article not prohibited by the provisions of any general law of the State, including all games, operations, or transactions for profit commonly known as keno, tango, movie tango, beano, sill ball, fortune, quintain, fascination, or inspiration, and all games, operations, or transactions similar thereto under whatever name they may be designated. (Ord. 17, § 4; Ord. 18-861, § 2)