Irvine Municipal Code Ch. 2 Gambling

Footnotes:

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Editor's note— Ord. No. 05-24, § 1, adopted November 22, 2005, amended the Code by repealing former ch. 2, §§ 4-14-201—4-14-205 and 4-14-207, and adding a new ch. 2, §§ 4-14-201—4-14-203. Former ch. 2 pertained to similar subject matter, and derived from Ord. No. 27, adopted April 17, 1972; the Code of 1976, §§ IV.L-201—IV.L-206; and Ord. No. 265, adopted July 22, 1980.

The provisions of this chapter are not intended and shall not be construed to prohibit any act either positively permitted or prohibited by State law.

(Ord. No. 05-24, § 1, 11-22-05)

(a) Every person who for profit or for commercial purposes of any nature keeps, operates, conducts, permits or maintains, either directly or indirectly, in the City, any structure or room within a structure or any other place, where any game, gaming or gambling not made unlawful by the provisions of State law (including, without limitation, Penal Code §§ 319 et seq., and 330 et seq.) is played, conducted, dealt or carried on, whether with cards, dice or other objects or devices of whatsoever nature, including any computer simulation thereof, for money, checks, credit or other things of value shall be guilty of a misdemeanor.

(b) Every person who deals, plays, carries on, or maintains, or who causes to be dealt, played, carried on or maintained, or who conducts either as a player, owner, principal, agent or employee, whether for hire or not, any of the activities prohibited in Paragraph (a) shall be guilty of a misdemeanor.

(c) This section is intended and shall be construed to apply to activities played, conducted, dealt or carried out in internet cafes, cyber cafes and similar computer- or electronic-based commercial business or establishments in the City that are owned, opened or operated principally to promote or facilitate any of the activities prohibited in Paragraph (a).

(Ord. No. 05-24, § 1, 11-22-05)

(a) Section 4-14-202 is not intended and shall not be construed to apply to not-for-profit, noncommercial activities that are played, conducted, dealt or carried out in the following places:

(i) Residences and residential property, whether individual or group, nor any common area or recreation facilities appurtenant to such residence or residential property, used with the consent of the owner or person with managing authority over such residence, residential property or appurtenant common area or recreation facilities; or

(ii) Facilities owned, leased or rented by any nonprofit corporation or charitable organization, duly registered as such with the Internal Revenue Service, the State or the County of Orange, for the purpose of raising funds for such corporation or organization.

(b) Section 4-14-202 is not intended and shall not be construed to apply to the conduct of bingo games pursuant to and in accordance and compliance with the provisions of Penal Code § 326.5 and of Division 16 of Title 4 of this Code.

(c) Section 4-14-202 is not intended and shall not be construed to apply to the conduct of charitable raffles that are conducted pursuant to and in accordance and compliance with the provisions of Penal Code section 320.5.

(Ord. No. 05-24, § 1, 11-22-05)