Fairfield Municipal Code Art. IV Prohibition of Simulated Gambling Devices

As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another meaning or intent. Whenever any reference is made herein to any local law or regulation or to any state or federal statute, regulation or other law, the reference includes any subsequent amendment or superseding provision.

Person.

The term "person" shall mean an individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation, or other organization.

Simulated Gambling Device.

The term "simulated gambling device" shall mean any device that is available to play or operate a computer simulation of any game, where the play or operation of the device may deliver or entitle the person or persons playing or operating the device to a payoff or potential payoff, whether such payoff is revealed before, during or after the commencement of the game. The following rules of construction apply to this definition of "simulated gambling device":

(1)

The term "device"

shall mean any mechanical or electrical contrivance, computer, terminal, video, or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device, or equipment. The term "device" also includes any associated equipment necessary to conduct the operation of the device.

(2)

The terms "play or operate" or "play or operation"

shall include the use of skill, the application of the element of chance, or both.

(3)

The term "computer simulation"

shall include simulations by means of a computer, computer system, video display, video system, or any other form of electronic video presentation.

(4)

The term "game"

shall include slot machines, poker, bingo, craps, keno, or any other type of game ordinarily played in a casino; any other game associated with gambling; and a game, whether or not casino-themed, involving the display of the results or the potential results of a raffle, sweepstakes, drawing, contest, lotto, game of skill, or other promotion. The term "game" does not necessarily imply gambling as that term may be defined elsewhere.

(5)

The term "payoff"

shall mean cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or the equivalent of cash (including but not limited to, gift cards, prepaid cards, credit, checks, etc.) in any amount, or to receive merchandise or any tangible thing of value greater than one hundred dollars ($100), whether made automatically from the machine or manually.

(6)

The term "gambling" in the term "simulated gambling device"

is for convenience of reference only. The term "simulated gambling device" as used in this chapter is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.

(7)

The term "slot machine"

shall have the same meaning as specified in California Penal Code Section 330b.

(Ord. No. 2015-07, § 2)

It is unlawful for any person to manage, supervise, maintain, provide, produce, possess, or use one or more simulated gambling devices. Each individual act to manage, supervise, maintain, provide, produce, possess, or use a simulated gambling device constitutes a separate violation of this section.

(Ord. No. 2015-07, § 2)

This chapter does not prohibit an individual’s personal, recreational, and non-commercial ownership, possession, play, operation, or use of a device which could be construed to be a simulated gambling device.

(Ord. No. 2015-07, § 2)

Nothing in this chapter is intended to conflict with the provisions of state law concerning gambling, slot machines, gambling devices, or lotteries. In the event of a direct and express conflict between this chapter and state law, California law, as applicable, controls.

(Ord. No. 2015-07, § 2)

Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance.

(Ord. No. 2015-07, § 2)

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause for injunctive relief.

(Ord. No. 2015-07, § 2)

Any person subject to this chapter who personally, or through an agent, employee, independent contractor, or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued, or permitted by such person. All remedies provided herein shall be cumulative and not exclusive.

(Ord. No. 2015-07, § 2)

The provisions of this chapter are not intended to be exclusive and nothing in this chapter in any way limits or precludes the enforcement of any other applicable laws, or any other remedy that may be available to the city for conduct that violates this chapter.

(Ord. No. 2015-07, § 2)

Nothing herein shall be construed to prohibit the issuance of a license to conduct bingo games pursuant to Fairfield Municipal Code, Chapter 12, Article III.

(Ord. No. 2015-07, § 2)

A person’s management, supervision, maintenance, provision, production, possession, or use of one or more simulated gambling devices prior to the effective date of this chapter shall not affect the application of this chapter to such activity after the effective date, regardless of whether that person was previously issued a permit or license by the City of Fairfield. This chapter is applied to such activity pursuant to the City of Fairfield’s inherent police power and is reasonably necessary for the protection of the public health, safety, and welfare.

(Ord. No. 2015-07, § 2)