Irwindale Municipal Code Ch. 9.12 Gambling

Footnotes:

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* For statutory provisions on lotteries, see Penal Code § 319 et seq.; for provisions on gaming, see Penal Code § 330 et seq.

A person shall not:

A. Deal, play, carry on or conduct:

1. Any game where players bet or wager money, checks, credits or other things of value against each other, or

2. Any game of chance for money, checks, credits or other things of value;

B. Bet or wager at or on any such game; Provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 320a, or of Section 330, or of Section 337a of the Penal Code, or of any other code section or general law of the state, it being the intent of the city council to prohibit by this section all gambling described in this section, not otherwise prohibited by the provisions of any law of the state.

(Ord. 284 § 1, 1975: Ord. 238 § 1, 1970: Ord. 69 § 1(part), 1959: prior code § 4114).

The provisions of this chapter shall not apply to bingo games conducted for charitable purposes for which a valid permit has been obtained pursuant to Chapter 9.14.

(Ord. 528 § 2, 1998).

No person shall knowingly permit any game prohibited by Section 9.12.010 to be played, conducted, or dealt in any house or other premises owned by, rented by or in lawful possession of such person.

(Ord. 284 § 2, 1975: Ord. 238 § 2, 1970: Ord. 69 § 1(part), 1959: prior code § 4115).

No person, either as owner, lessee, manager, employee, agent or servant, shall carry on, maintain, operate, open, deal or deal in any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is the determining factor or is any determining factor of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter, design or mark of any device, apparatus or equipment, or by any means or in any manner, or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, any such figure, number, character, symbol, letter, design or mark hereinabove referred to, corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing, held, used, operated or maintained by any player or participant therein or by any person, where, by any predetermination or prearrangement, or by any rule, method, scheme, design or procedure, any person is found, declared or determined to be, or is, or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises, or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any place or premises.

Provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 320a, or of Section 330 of the Penal Code, or of any other code section or general law of the state, it being the intent of the city council to prohibit by this section all games, operations or transactions herein described, not prohibited by the provisions of any general law of the state, including all games, operations or transactions for profit commonly known as keno, tango, movie tango, bingo, beano, sill ball, fortune, quintain, fascination or inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated.

(Ord. 69 § 1(part), 1959: prior code § 4116).

No person shall participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of Section 9.12.030.

(Ord. 69 § 1(part), 1959: prior code § 4117).

No person, owning, leasing, managing, controlling or having any interest in any property or premises lying within the city, shall cause or permit the maintenance or operation in or on such property or premises, having knowledge, or after reasonable notice of the existence thereof, of any game, operation or transaction declared by the provisions of Section 9.12.030 to be unlawful.

(Ord. 69 § 1(part), 1959: prior code § 4118).

A. No person, either as principal, agent, employee or otherwise, shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a pool room, or for the purpose of conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest; and no person shall transmit any message over any telephone or telegraph line or wire owned, controlled or leased by any person engaged in conducting or carrying on a pool room or in conducting the business of making books or selling pools on races or other contests, or of betting or laying of wagers upon the result of any race or contest, knowing that such message is to be used in conducting or carrying on such pool room or business as defined in subsection B of this section.

B. For the purposes of subsection A of this section, a "pool room" is defined to be a room or place where betting or laying of wagers upon the result of races or contests is carried on as a business.

(Ord. 69 § 1(part), 1959: prior code §s; 4119, 4121).

No person shall have in his or its possession in the city any written or printed form, chart, table, list, sheet, circular or publication of any kind, giving or purporting to give, or represented as giving, any list, or probable or possible list, of entries for any horserace or other contest thereafter anywhere to take place or which is anywhere taking place, if there is written or printed or published as part thereof, or in connection therewith, or in any other publication, printing or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction, or selection of, or advice as to, or any key, cipher, or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or other contestant therein, or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse or other contestant, or the actual, probable or possible result of any race or contest, or the actual, probable or possible state, past, present, or future, of the betting, wagering or odds upon or against any horse or other contestant named in such list, or probable or possible list, of entries, unless the names of such horses or other contestants are arranged in such list, or probable or possible list, in alphabetical order, and shall all be printed in type of the same size and face and of identical appearance, and shall all be printed flush with the left side of the column in which the same are printed, or all an equal distance therefrom.

(Ord. 69 § 1(part), 1959: prior code § 4120).

Every person who acts as a guard or lookout for any building, premises, or establishment used for gambling, prostitution, or any other form of vice or illegal act, or where alcoholic beverages are illegally kept, sold, or purchased, or for any person soliciting, offering, or engaging in prostitution, gambling, or any other form of vice, or illegal act, is guilty of a misdemeanor.

(Ord. 69 § 1(part), 1959: prior code § 4122).

Every person who gives any signal intended to or calculated to warn or give warning of the approach of any peace officer to any person in or about any building or premises or places mentioned in Section 9.12.080 is guilty of a misdemeanor.

(Ord. 69 § 1(part), 1959: prior code § 4123).

The sheriff, or other law enforcement agency of the city, shall destroy any device, game, cards, or other thing which is used, kept, placed or maintained. in violation of any statute or of this chapter or any other ordinance after the person, firm, corporation, or association, owning, possessing or having control of such cards, game or thing has pleaded guilty to or has been convicted of such violation and such plea of guilty or conviction has become final.

(Ord. 69 § 1(part), 1959: prior code § 4124).

The sheriff, or other law enforcement agency of the city, shall deposit with the city clerk to the credit of the general fund all money contained in any game or thing he destroys pursuant to the provisions of Section 9.12.100. He shall destroy all other contents of such game or thing.

(Ord. 69 § 1(part), 1959: prior code § 4125).

The sheriff, or other law enforcement agency of the city, shall apply to the judge of any court which has custody of any thing subject to destruction under the terms of Section 9.12.100 for any order releasing such cards, game or thing to him for the purpose of complying with this chapter.

(Ord. 69 § 1(part), 1959: prior code § 4126).