Duarte Municipal Code Ch. 9.12 Gambling

It shall be unlawful in the city of Duarte, for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain, operate, open, deal or deal in, or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in:

(a) Any poker game, card game or any game of chance, or any game for money or anything of value or representative of value.

(b) Any game of chance played with cards, dice, or any device, for money, checks, credit or anything representative of value.

(c) 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, charter, character, symbol, letter, design or mark 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, any such figure, number, character, symbol, letter, design or mark hereinabove referred to, corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, 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, or by any 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, 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 place or premises.

(Ord. 97 § 1 (part), 1962)

No provision of this chapter shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 330 of the Penal Code, or of any other code section or general law of the state of California, it being the intent of the people to prohibit by this chapter all games, operations or transactions described in Section 9.12.010, not prohibited by the provisions of any general law of this state, including, but not limited to, all games, operations or transactions for profit, commonly known as keno, tango, movie tango, bingo, beano, sill ball, fortune, quintain, fascination, or inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated.

(Ord. 97 § 1 (part), 1962)

It shall be unlawful in the city of Duarte for any person to participate in, play, play in or engage in, either directly or indirectly any game, operation or transaction prohibited by the provisions of Sections 9.12.010 and 9.12.020.

(Ord. 97 § 2, 1962)

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 Duarte 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 Sections 9.12.010 and 9.12.020 to be unlawful.

(Ord. 97 § 3, 1962)

No person shall act as lookout, doorkeeper or gamekeeper for any game, operation or transaction declared by the provisions of Sections 9.12.010 and 9.12.020 to be unlawful.

(Ord. 97 § 4, 1962)

No person shall visit any room within the city where any game, operation or transaction declared by the provisions of Sections 9.12.010 and 9.12.020 to be unlawful is being played or operated.

(Ord. 97 § 5, 1962)

The chief law enforcement officer of the city of Duarte shall seize and safely keep all chips, cards, boxes, tables, boards, and all other articles used or pertaining to any game, operation or transaction declared by the provisions of Section 9.12.010 and 9.12.020 to be unlawful and shall produce the same in court, to be retained with the final disposition of any case in which said articles may be required as evidence; but nothing herein contained shall prevent the destruction of the articles at any time upon court order when the articles no longer are required to be retained for evidence.

(Ord. 97 § 6, 1962)

Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1.04.100 of this code.

(Ord. 6 § 4, 1957)