La Mesa Municipal Code Ch. 10.08 Gambling

It is unlawful for any person, firm or corporation to set up, manage, conduct, or maintain in any public place or public building or on the premises operated by a social club any game, machine or enterprise wherein or whereby prizes are awarded by operation of chance whether or not consideration is furnished by the player.

(Ord. 332 § 2; April 12, 1949)

It is unlawful for any person, firm or corporation to set up, manage, conduct or maintain any combination of games, machines, or enterprises wherein games of chance and games of skill are alternated or played in any sequence with each other so that free games are used to entice or allure players into the playing for a consideration of paid games of skill or paid games combining the element of chance with the element of skill.

(Ord. 332 § 3; April 12, 1949)

Sections 10.08.010 through 10.08.030 are intended to prohibit the playing of "bingo," "tange," "bridgo," "skill ball" or any game or combination of games similar in operation to such games, and to apply to free as well as to paid playing of such games.

(Ord. 332 § 4; April 12, 1949)

No person shall keep, conduct or maintain within this city any house, room, apartment, office or place used in whole or in part as a gambling house or place where any game not mentioned in Section 330 or 330a of the penal code of the state of California, is played, conducted, dealt or carried on with cards, dice, balls, billiard balls, pool balls, cues, or other devices for money, checks, chips, credit, or any other representative of value, or for merchandise or for anything of value.

(Ord. 1317 § 2; September 11, 1962)

No person shall permit any house, room, apartment, office, or place owned by him, or under his charge or control in this city to be used in whole or in part for playing, operating, conducting, dealing, or carrying on therein any game or device not mentioned in Section 330 or 330a of the penal code of the state of California with cards, dice, balls, billiard balls, pool balls, cues, or other devices for money, checks, chips, credit or any other representative of value or for any merchandise, or for anything of value.

(Ord. 1317 § 3; September 11, 1962)

No person shall play or bet at or against any game not mentioned in Section 330 or 330a of the penal code of the state of California, which is played, conducted, dealt, or carried on with cards, dice, balls, billiard balls, pool balls, cues, or other devices for money, checks, chips, credit or any other representative of value or for any merchandise or anything of value.

(Ord. 1317 § 4; September 11, 1962)

No person shall keep, maintain, possess, have under his control or have in any place of business or house, room, apartment or place owned by him or under his charge or control any pinball machine, table game, or device commonly known as "pin game," "marble game," "fawn game," "lite-a-lite," or any other similar game or any claw, scoop, grab machine, or any horse racing machine or game or any device similar thereto. The description of pinball machine or other games given in this chapter does not in any way include games of skill.

(Ord. 2010 § 1; November 26, 1974)

No person shall play at or operate any game, machine or device prohibited by or referred to in Section 10.08.080.

(Ord. 1317 § 6; September 11, 1962)

In addition to any other remedy provided by law, any such machine, contrivance, appliance, or mechanical device may be seized by any of the officers designated by Section 335a of the penal code of the state of California, being officers whose duty it is to inform against and diligently prosecute offenses against gaming.

(Ord. 1198 § 7; December 13, 1960)

A notice of intention summarily to destroy such machines or devices must thereupon be posted in a conspicuous place upon the premises in or upon which such machine or device was seized.

(Ord. 1198 § 8; December 13, 1960)

Such machine or device shall be held by such officer for thirty days after such posting; and if no action is commenced to recover possession of such machine or device within such time, the same shall be summarily destroyed by such officer; or, if such machine or device is held, by the court in any civil or criminal action, to be in violation of this chapter, the same shall be summarily destroyed by such officer, immediately after the decision of the court has become final.

(Ord. 1198 § 9; December 13, 1960)

Any and all moneys seized in or in connection with such machine or device, immediately after such machine or device has been so destroyed, is to be paid into the treasury of this city for credit of the general fund.

(Ord. 1198 § 10; December 13, 1960)

The provisions of this chapter are not intended to conflict with, but shall supplement all laws of the state of California, prohibiting lotteries, gaming, or gambling; and these provisions must be invoked by all law enforcement officers of this city, whose duty it is to enforce the laws of the state of California against lotteries, gaming or gambling, when by operation of this chapter the use, ownership or possession of any such game or mechanical device or contrivance is prohibited by this chapter but might not be prohibited by the laws of the state of California.

(Ord. 1317 § 7; September 11, 1962)

The provisions of this chapter specifically make the mere possession of such machine or contrivance or device illegal and render such machine or contrivance subject to confiscation as provided in Section 10.08.100.

(Ord. 1198 § 29; December 13, 1960)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute a misdemeanor and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2638 § 3; November 23, 1993)