El Cerrito Municipal Code Ch. 10.10 Gambling

No person shall keep, conduct or maintain within the city any house, room, apartment or place used in whole or in part as a place where any game, not mentioned in Section 330 or 330a of the Penal Code of the state, is played, conducted or carried on when chance is the predominate or a substantial factor in determining any winner of such game or any portion, part or phase of such game, and when for the winning of such game or any portion, part or phase thereof, any person receives in any manner money, chips, credit, merchandise or anything of value.

(Ord. 92-4 Div. 2 (part), 1992.)

When used for gambling purposes, it is unlawful for any person, firm or corporation to keep, maintain, possess or have under control in any place of business or in any other place of public resort, either as owner, lessee, agent, employee, mortgagee, or otherwise:

A. Any machine or device, so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked or otherwise displaced, recovered, or removed by the operation of any contrivance simulating a power shovel, clam shell, drag line or similar tool or machine;

B. Any machine, or device contrived to simulate in miniature the running of a horse race or any other race run by animals, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move in competition with each other in a manner of a race, or which is designated or designed to represent by symbols, the running of any race and the order of the finish thereof;

C. Any miniature bowling game device, by whatever name called;

D. Any table, cabinet or device equipped for the playing of any game whereby any marble, ball, pellet or any moving object (visual or physical) is propelled, rolled, shot or released toward a goal, pin, set of pins or other object by means of any factor, ejector, electronic device, mechanical hand or by means of any other striking of releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the device, or which is manipulated, controlled or guided, and which game is so contrived that at the conclusion of the operation or play thereof, the score or result of play thereof is visible or otherwise discernible.

(Ord. 92-4 Div. 2 (part), 1992.)

Nothing provided in this chapter shall prohibit the use by any person, firm or corporation of mechanically or electrically operated games, tables or devices, coin-activated or otherwise, wherein the results depend on the skill of the player or players.

(Ord. 92-4 Div. 2 (part), 1992.)

No person shall knowingly permit any house, room, apartment or place owned by such person, or under his or her charge or control in the city, to be used in whole or in part for playing, conducting, dealing or carrying on therein any game prohibited by Section 10.10.010 of this chapter.

(Ord. 92-4 Div. 2 (part), 1992.)

No person shall play, bet, or participate in any game prohibited by Section 10.10.010 of this chapter.

(Ord. 92-4 Div. 2 (part), 1992.)

It is unlawful for any person to visit or be in any room, space, place or on the premises, where anything declared unlawful by Section 330 or 330a of the Penal Code of the state, or by Sections 10.10.010 through 10.10.050 of this chapter, is carried on, conducted, permitted or operated.

(Ord. 92-4 Div. 2 (part), 1992.)

In addition to any other remedy provided by law, any money or property used in connection with any activity which is unlawful under the provisions of this chapter shall be seized by any peace officer. Within twenty-four hours after such seizure, a notice of intention to deposit such money with the city treasurer, or to destroy such property, must be posted in a conspicuous place upon the premises where such money or property was seized. Such money or property shall be held by such officer for thirty days after such posting, and if no court action is commenced to recover possession of such money or property within such time, all the money shall immediately be paid into the general fund of the city, and the property shall be destroyed by such officer. If such an action is commenced, then the disposition of such money or property shall be governed by the court's final decision.

(Ord. 92-4 Div. 2 (part), 1992.)