Gustine Municipal Code Art. 4 Offenses Involving Public Morals

No person shall play, participate in, or bet for or against any game not mentioned in Penal Code §§ 330 or 330(a), on any street, sidewalk, alley, highway or parking lot open to the general public, if such game is played, conducted, dealt or carried on with cards, dice or other device, for money, checks, chips, credits or any other thing which has or represents value.

State Law reference— Gaming, Penal Code § 330 et seq.

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accosting means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his person, or upon property in immediate possession.

Ask, beg or solicit means, without limitation, the spoken, written or printed word or other such acts as are conducted in furtherance of the purpose of obtaining alms.

Forcing oneself upon the company of another means continuing to request, beg, or solicit alms from a person after that person has made a negative response, blocking the passage of the individual addressed or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands.

(b) Prohibited acts. It shall be unlawful for any person to solicit money or other things of value:

(1) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on that property;

(2) Within 15 feet of the entrance or exit from any public toilet facility;

(3) Within 15 feet of an automatic teller machine, provided that when an automatic teller machine is located within an automated teller machine facility, such measurement shall be measured from the entrance or exit of the facility;

(4) Within 15 feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the booth or facility;

(5) In any public transportation vehicle, or in any bus or within 15 feet of any bus stop or taxistand;

(6) From any operator of a motor vehicle that is in traffic on a public street; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle;

(7) From any person who is waiting in line for entry into any building, public or private, including, but not limited to, any residence, business, or athletic facility; or

(8) Within 15 feet of the entrance or exit from a building, public or private, including, but not limited to, any residence, business, or athletic facility.

(c) Forcing oneself on another. It shall be unlawful for any person to solicit money or other things of value by accosting another or by forcing oneself upon the company of another.

No person shall commit a nuisance in any public place, or upon any private property, or in any place where there are other persons to be offended or annoyed thereby. The term "commit a nuisance" as used in this section shall mean to evacuate the bowels or bladder at a place not provided for that purpose.

Except and unless a person applies for and is issued a special events permit by the city, it shall be unlawful for any person to drink or consume any intoxicating liquor, or consume any intoxicating liquor, or have in his possession or control an open container of an intoxicating liquor, in or on any public street, sidewalk, alley, mall, school grounds or any parking lot open to public use, whether publicly or privately owned.

(Code 1966, § 5-5.01)

Before issuing any permit for consumption of alcoholic beverages in a public place, the chief of police shall be satisfied that the public peace, safety, health, and general welfare will not be endangered or jeopardized by the issuance of such permit. The chief of police may impose conditions upon the issuance of such permit to ensure that such activity will be compatible with the preservation of the public peace, safety, health, and general welfare. The chief of police may consider any relevant factual material, including, but not limited to, the proposed place or location of such activity and the character and reputation of the applicant and other persons who will be involved in the conducting and operation of the activity under the permit if issued. If the chief of police finds that the issuance of such permit will endanger or jeopardize the public peace, safety, health, and general welfare, the permit shall be denied.

(Code 1966, § 5-5.03)

The permit if so issued shall be good for such time period as prescribed by the chief of police.

(Code 1966, § 5-5.04)

The permittee shall have a copy of the permit in his possession and shall produce such permit upon a request by the chief of police or any of his representatives.

(Code 1966, § 5-5.07)

The person, society, lodge, organization, or corporation to who a permit is issued shall be liable for any loss, damage, or injury sustained by any person whatever by reason of the negligence of the permittee to who such permit shall have been issued.

(Code 1966, § 5-5.06)

The chief of police shall have the authority to revoke such permit at any time if the activity being conducted under the permit is conducted in such a manner that the chief of police deems it to be detrimental to the public peace, safety, health, and general welfare.

(Code 1966, § 5-5.05)