Costa Mesa Municipal Code Ch. II Gambling

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person, either as owner, lessee, manager, employee, agent or servant, shall operate, open or deal in any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, payment or gratuity consisting of any money, check, token credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the 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, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus or equipment or by any means or in any manner, or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disc, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing held, used, operated or maintained by any player or participant therein or by any 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 such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that 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 such game, operation or transaction is, or is to be played, conducted, carried on, maintained or operated, or to any other place or premises.

(Code 1960, § 4100; Ord. No. 89-31, § 2(2), 12-4-89)

No provision of this chapter shall be deemed or construed as prohibiting any act made unlawful by the provisions of section 320, 330 or 330a of the Penal Code, or of any other Code section or general law of the state, it being the intent of the city council to prohibit all games, operations or transactions herein described, not prohibited by the provisions of any general law of this state, whether games of skill or games of chance involving cards, dice or other devices for money, checks, credits or other things of value including but not limited to all games, card games, operations or transactions for profit commonly known as keno, tango, bridgo, movie tango, bingo, beano, Skee-ball, fortune, quintain, fascination or inspiration, and all games, card games, operations or transactions similar thereto, by whatever name they may be designated, except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code.

(Code 1960, § 4101; Ord. No. 67-37, 12-4-67; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code:

(1) No person shall participate in, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited in section 11-26.

(2) No person shall deal, play, open or operate, either as owner or employee, whether for hire or not, or play or bet at or against any game of chance played with cards, dice or any device for money, check, credit or other representative of value.

(Code 1960, §§ 4102, 4104; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person shall act as lookout, doorkeeper or gamekeeper for any game of chance played with cards, dice or any device, for money, check, credit or other representative of value.

(Code 1960, § 4105; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person shall visit any room within the city where any game of chance played with cards, dice or any device for money, check, credit or other representative of value is being played or operated.

(Code 1960, § 4106; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person shall operate or exhibit any gaming table, device or apparatus, or operate any gaming establishment, or any room or place for the practice of gambling or playing games of chance for money, or other representative of value, with cards, dice or other device.

(Code 1960, § 4107; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person, either as owner or agent, shall lease or rent any building, room, lot or other place to any person to be used for gambling or playing games of chance for money or any representative of value.

(Code 1960, § 4108; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code:

(1) Every person, who for profit, or for anything of value, or for commercial purposes of any nature, keeps, operates, conducts or maintains, either directly or indirectly, in the incorporated territory of the city any house, room, apartment, dwelling place or other place where any game, gambling or gaming not mentioned or included in section 330 or 330a of the Penal Code is played, conducted, dealt or carried on, whether with cards, dice or any other device of whatsoever nature for money, check, credit, merchandise or other representative of value, shall be guilty of a misdemeanor.

(2) Every person, either as owner, lessor, lessee, principal, agent, employee or participant, or otherwise, who maintains or keeps or operates or conducts, directly or indirectly, in whole or in part, or who, directly or indirectly, is in possession, in whole or in part, of any house, room, apartment, dwelling place or other place upon or in which any gambling, game or gaming prohibited in this section is played, conducted, dealt 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, gambling or gaming, or who, directly or indirectly, gains or receives anything of value or any financial profit from playing, conducting or dealing of any such game, gambling or gaming, shall for the purposes of this chapter be deemed to be keeping, conducting, operating and maintaining the same for profit or commercial purposes.

(Code 1960, §§ 4109, 4119; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, every person who knowingly permits any game, gambling or gaming which, by section 11-33 is made unlawful to be played, maintained, operated, conducted or dealt in any house, room, apartment, dwelling place or other place owned or rented by such person in whole or in part shall be punishable as provided in section 1-33 of this Code.

(Code 1960, § 4110; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, every person who visits, frequents, participates in or knowingly permits any game, gambling or gaming which, by section 11-33, is made unlawful to be played, operated, maintained, conducted or dealt in any house, room, apartment, dwelling place or other place shall be guilty of a misdemeanor.

(Code 1960, § 4111; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, every person who shall place a bet at or against any game, gambling or gaming which, by section 11-33, is made unlawful, shall be guilty of a misdemeanor.

(Code 1960, § 4112; Ord. No. 89-31, § 2(2), 12-4-89)

Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, it is unlawful for any person to keep, maintain, possess or have under his control in any place of business, or in any other place of public resort, either as owner, lessee, agent, employee, mortgagee or otherwise, any machine, apparatus or device as a pinball or marble machine or device within the provisions of this chapter if it is one that is adapted, or may readily be converted into one that is adapted, for use in such a way that, as a result of the insertion of any piece of money or coin or other object such machine is caused to operate or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable to him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or thing of value, or which may be given in trade, or the user may secure additional chances or rights to use such machine, apparatus or device.

(Code 1960, § 4113; Ord. No. 66-14, 4-18-66; Ord. No. 89-31, § 2(2), 12-4-89)

The chief of police shall apply to the judge of any court which has the custody of any machine subject to destruction under the terms of the Penal Code for an order releasing such machine to him for the purpose of complying with this chapter.

(Code 1960, § 4116; Ord. No. 89-31, § 2(2), 12-4-89)

Nothing contained in this chapter shall be interpreted or construed to make it unlawful for any person to keep, maintain, possess or have under his control, either as owner, lessee, agent, employee, mortgagee or otherwise, any mechanical amusement game such as "shuffle alleys," "baseball games," "guns" and the like which have been classified as, and which are, games of skill and which are not prohibited under section 11-37. All such mechanical games not prohibited herein shall, however, be subject to all other laws of the state and ordinances of the city pertaining to gambling.

(Code 1960, § 4117; Ord. No. 89-31, § 2(2), 12-4-89)