Barstow Municipal Code Ch. 9.24 Gambling

Footnotes:

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State Law reference— Gambling Control Act, Business and Professions Code § 19800 et seq.

The purpose of this chapter is to prohibit gambling within the city that is not sanctioned by the State or the United States of America. With the technological advances (internet access, networked computers, etc.), a new form of gambling (e.g., internet sweepstakes) that has previously been un-regulated has emerged. This chapter is not intended to restrict legitimate businesses from providing internet access to their customers, or restrict business centers (as an ancillary use to hotels and motels for the sole purpose of providing internet access, printing, faxing and email services, without any gaming or sweepstakes), but to prevent any businesses from creating a public nuisance to the adjacent businesses and surrounding neighborhoods.

(Ord. No. 915-2013, § 1(9.24.010), 9-16-2013)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Computer gaming and internet access business means an establishment that provides computers or other electronic devices for access to the worldwide web, internet, e-mail, video games or computer software programs which operate alone or are networked (via Local Area Network, or LAN, Wide Area Network, or WAN, or otherwise) or which function as a client/server program, and which seeks compensation, in any form, from users (including but not limited to, the purchase of phone cards for use for internet time, etc.). The term "computer gaming and internet access business" is synonymous with a personal computer ("PC") cafe, internet cafe, internet sales business and internet center, but does not include a public use or internet learning center as defined in this section.

Nongaming internet uses includes the following:

(1) A bona fide public use or internet learning center.

(2) A bona fide commercial business providing a usable or consumable product, service, etc. (e.g., coffee and/or sandwich shop, restaurant, hotel/motel) that provides wireless local area network (WLAN, or Wi-Fi), or other internet or network connection (LAN, WAN, etc.), without providing any computers, software or subscription for gaming or other sites (including pop-up menus to such sites) to the customer, where the Wi-Fi is an ancillary component of the business, and any charges for such Wi-Fi service comprises less than ten percent of the monthly gross receipts for the store.

Public use or internet learning center means an establishment that provides computer access which is operated by the city, a school district, a college district, or a private institution of learning providing classes in computer instruction which does not engage in gaming, lottery or gambling activity, or a nonprofit organization which does not receive any compensation in any form for the use of a computer and which has a federal tax exempt status.

(Ord. No. 915-2013, § 1(9.24.020), 9-16-2013)

(a) It is unlawful for any person, within the city, to keep, maintain, conduct, control, have charge of, knowingly be present at, or visit any house, or room, place or apartment where any game is played, conducted, dealt, or carried on, with cards, dice other device or contrivance, mechanical, electrical, electro-mechanical, or computer based via the internet, network, or stand-alone software, for money, checks or credit.

(b) It is also unlawful for a place of business, within the city, to offer for sale phone cards, Internet time, etc., where the purchased credits allow the purchaser free points or other measurable units that may be risked by the purchaser for an opportunity to win money. Said purchase shall be deemed for the purposes of illegal gambling. The conduct of a game, contest, lottery, scheme, or promotional offering (e.g., sweepstakes, internet sweepstakes, etc.) may be lawful if:

(1) No part of the purpose of the contest is illegal gambling;

(2) No part of the contest involves the use of a gambling device;

(3) It is an ancillary use of the site that involves less than ten percent of the gross monthly receipts and:

a. A consumable or usable product is purchased other than a phone card, internet access card, or similar form of credit;

b. The activity is for a limited time, not to exceed one month in duration, and not occurring for a minimum of three months; and

c. The activity does not simulate any "Las Vegas" or casino style gambling device.

(Code 1969, § 9.24.040; Ord. No. 153, § 1, 1959; Ord. No. 915-2013, § 1(9.24.040), 9-16-2013)

It is unlawful for any person within the city to deal, carry on, participate in, bet at or against any game which is played, conducted, dealt or carried on, with cards, dice or other device or contrivance, mechanical, electrical, electro-mechanical, or computer-based via the internet, network, or stand-alone software, for money, checks or credit.

(Code 1969, § 9.24.050; Ord. No. 153, § 2, 1959; Ord. No. 915-2013, § 1(9.24.050), 9-16-2013)

(a) Notwithstanding the foregoing, this chapter shall not apply to bingo games authorized by chapter 9.25.

(b) Any federal and/or state sanctioned gambling, such as:

(1) Indian gaming casinos that have also gained land use approval;

(2) State or federal lotteries.

(c) As affiliated with a bona fide nonprofit organization for the sole purpose of raising funds for the non-profit agency, and pursuant to the approval and criteria of a temporary event permit pursuant to chapter 9.45.

(Code 1969, § 9.24.060; Ord. No. 415, § 1, 1976; Ord. No. 432, § 1, 1977; Ord. No. 529, § 2, 1984; Ord. No. 847-2009, § 1, 4-6-2009; Ord. No. 915-2013, § 1(9.24.070), 9-16-2013)