Fremont Municipal Code Art. I Draw Poker

As used in this article, the phrase “anything of value” shall mean money, coin, currency, check, chip, allowance, token, credit, merchandise, property, or any representative of value, and includes, within limitation, any payment for services or for the use of any premises, cards, chips, furniture, or any other articles. (Ord. 7 § 1. 1990 Code § 3-6100.)

No person shall receive, directly or indirectly, anything of value from the playing or operation of a game of draw poker or any variation thereof, or any game played with cards involving betting or wagering, other than the actual winnings to which a person, playing such game in good faith for himself alone, may be entitled as the result of such a game. (Ord. 7 § 2; Ord. 1090 § 1, 2-3-76. 1990 Code § 3-6101.)

No person shall give anything of value for being permitted to participate in a game of draw poker or any variation thereof, or any game played with cards involving betting or wagering, other than to pay the actual losses sustained by such person playing such game in good faith for himself alone. (Ord. 7 § 3; Ord. 1090 § 1, 2-3-76. 1990 Code § 3-6102.)

No person shall bet or wager anything of value belonging to another person in a game of draw poker or any variation thereof, or any game played with cards involving betting or wagering. (Ord. 7 § 4; Ord. 1090 § 1, 2-3-76. 1990 Code § 3-6103.)

No person, either as owner, lessee, agent, employee, mortgagor, or otherwise, shall knowingly permit any room, building, or premises or any furniture, fixtures, equipment, or other article or anything of value to be used for, or in any game of draw poker or any variations thereof, or any game played with cards involving betting or wagering, in connection with which a violation of Section 9.05.020, 9.05.030, or 9.05.040 occurs. (Ord. 7 § 5; Ord. 1090 § 1, 2-3-76. 1990 Code § 3-6104.)

No person shall knowingly visit any premises where a violation of any provision of this article is occurring. (Ord. 7 § 6. 1990 Code § 3-6105.)

In addition to any other remedy provided by law, any furniture, fixtures, equipment, or article or anything of value used in violation of Section 9.05.050 may be seized by any of the officers designated by Cal. Penal Code §§ 335 and 335a, and in such cases shall be disposed of as provided in Cal. Penal Code § 335a; provided, however, that the phrase “machine or device” as used in Cal. Penal Code § 335a shall mean any furniture, fixtures, equipment, or articles or anything of value except money, coin, or currency. Any or all money, coin, or currency used in violation of Section 9.05.050 and seized pursuant to this section shall be deposited in the general fund of the city. (Ord. 7 § 7. 1990 Code § 3-6106.)

In a trial for a violation of any of the provisions of this article, it shall be presumed that any game of draw poker or any variation thereof, or any game played with cards involving betting or wagering, which was played publicly or in which participation was open or available to the public, returned something of value to any person who controlled or permitted the operation of such game, and to any person who was in control or possession of the premises in or upon which such game was played. This shall be a rebuttable presumption. (Ord. 7 § 8; Ord. 1090 § 1, 2-3-76. 1990 Code § 3-6107.)

Nothing in this article includes or applies to any act which is made a public offense by Cal. Penal Code § 318, 331 or 336 or by any other section of the California Penal Code or by any other law of the state. (Ord. 7 § 9. 1990 Code § 3-6108.)