Lakewood Municipal Code Ch. 4 Gambling

It is not the intention of this Chapter to prohibit any act, either positively permitted or prohibited by state law. This Chapter shall not prohibit any act, either positively permitted or prohibited by state law.

As used in this Chapter, "Person" includes a person, firm or corporation.

As used in this Chapter, gambling or gaming paraphernalia includes any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or maintained by any person in violation of the provisions of the Penal Code of the state of California or any provision of this Chapter.

The law enforcement agency of the City shall destroy anything which is kept, used, placed, or maintained in violation of the provisions of this Chapter, or any provision of the State Penal Code pertaining to gaming or gambling after any person owning, possessing or having control of any such gambling or gaming paraphernalia has pleaded guilty to or has been convicted of such violation and such plea of guilt or conviction has become final. The law enforcement agency shall deposit in the City treasury all money contained in anything it should so destroy pursuant to the Court which has custody of anything subject to destruction under the terms of this Section for any order releasing such gambling or gaming paraphernalia for the purpose of complying with the provisions of this Section.

A person shall not knowingly permit any game prohibited by this Chapter to be played, conducted, or dealt in any house or other premises, owned by, rented by, or in the lawful possession of such person, except where authorized by this Chapter. A person shall not resort to, attend, visit, or be in any house, room, or other place in the City of Lakewood where there is any gaming or gambling being conducted, played or carried on as prohibited by this Chapter.

[Added by Ord. 76-13]

Bingo games for charitable purposes. Nothing in this chapter applies to any bingo games conducted within the City pursuant to and in compliance with a permit, as authorized and issued under Article VI of this Code, provided the following applicable subsections, in addition, are complied with.

[Added by Ord. 76-13]

A. Bingo Games Open to Public. All bingo games shall be open to the public, not just to members of the permittee organization.

B. Attendance Limited to Occupancy Capacity. Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department in accordance with applicable laws and regulations. Permittee shall not reserve seats or space for any person.

C. Maximum Amount of Prize. The total value of prizes awarded during the conduct of any bingo games shall not exceed Two Hundred Fifty Dollars ($250.00) total in cash or kind, or both, for each separate game which is held. Total prizes being offered at various stages during an ongoing series of numbers or symbols being called towards a larger game shall not exceed $250.00.

D. Profits to Be Kept in Separate Fund or Account. All profits derived from a bingo game shall be kept in a special fund or account, and shall not be commingled with any other fund or account. The permittee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this Chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any bingo games which are authorized by this Chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time, without prior notice, and permittee shall fully cooperate with the City by making such record available.

E. Financial Interest in Permittee Only. No individual, corporation, partnership, or other legal entity, except the permittee organization, shall hold a financial interest in the conduct of such bingo game.

F. Exclusive Operation by Permittee. A bingo game shall be operated and staffed only by members and the manager of the permittee organization. Such members or manager shall not receive a profit, wage, or salary, or any other direct or indirect consideration from any bingo game, nor shall they receive payments from the organization for such purpose. Only the permittee shall operate such game, or participate in the promotion, supervision, or any other phase of such game.

G. Bingo Games Conducted Only on Permittee Property. A permittee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The permit issued under this Chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the permittee is organized, the permit shall have no further force or effect. A new permit may be obtained by an eligible organization, upon application under Article VI, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized.

H. Minors Not to Participate. No person under the age of eighteen (18) years shall be allowed to participate in any bingo game.

I. Intoxicated Persons Not to Participate. No person who is intoxicated shall be allowed to participate in a bingo game.

J. Hours of Operation. No bingo game shall be conducted between the hours of midnight and 10:00 a.m., except where authorized by the permit.

K. Participant Must Be Present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

L. Use of Credit Prohibited. No permittee shall issue chips, checks, tokens, markers, or money to a patrol on credit or loan (including but not limited to IOU's and checks to be held), or allow any patron to play on credit.

M. No Admission Charged. No fee, donation, dues or other charge shall be imposed as a requirement for admission or entry onto any licensed bingo premises.

[Added by Ord. 76-13]

It is a misdemeanor under §326.S(b) of the Penal Code of the State of California for any person to receive a profit, wage or salary from any bingo game authorized pursuant to this Code, and all persons are hereby prohibited from violating the same. A violation of §326.S(b) is punishable by a fine not to exceed $10,000.00, which fine shall be deposited in the general fund of the City.

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. An 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.

It shall be unlawful for any person, firm, or corporation to have in his or its possession in the City of Lakewood 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 horse race or other contest thereafter anywhere to take place, or which is anywhere taking place, if there be 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, any key, cipher, or cryptogram indicated, containing or giving any tip, information, publication 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 shall be 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.

For the purpose of this chapter 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.

No person shall distribute on the highway or elsewhere in the City any such list of entries, tips, odds, or results unless published in a newspaper of general circulation.

As used in this Chapter, "pinball machine" means any punchboard or any table game or device commonly known as a pin game or marble game or any claw, scoop or grab machine, or any horse racing machine or game, or any device similar thereto, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug, key or other device, or by the payment or delivery of anything of value, or upon the making of any purchase.

No person shall keep, maintain, possess or have under his control, either as owner, lessee, agent, employee, mortgagee or otherwise, any pinball machine in any building or place, except a building designed for and used exclusively for residential purposes, or a part of a building where such part was designed for, and is used exclusively for residential purposes, or any yard or court used exclusively appurtenant thereto, where said pinball machine is predominately a game of chance. Nothing herein contained shall be deemed to prohibit pinball machines which are predominately games of skill.

It shall be unlawful in the City of Lakewood for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent or servant, to conduct, manager, carry on, maintain, operate, open, deal or deal in, or cause or permit to be conducted, managed, carried on, maintained, operated, dealt or dealt 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 a determining factor or is any determining factor of the result of the game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by 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 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 or 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 predetermined or prearranged, 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 other place or premises;

Provided, however, that no provision of this chapter 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 of the State of California, or of any other code section or general law of the State of California, it being the intent of the City Council to prohibit by this chapter all games operations or transactions herein described, not prohibited by the provisions of any general law of this State, including all games, operations or transactions for profit commonly known as Keno, Tango, Movie Tango, Bingo, Beano, Skill Ball, Fortune, Quintain, Fascination or Inspiration and all games, operations or transactions similar thereto under whatever name they may be designated.

It shall be unlawful in the City of Lakewood for any person to participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of Section 4303 of this chapter.

It shall be unlawful for any person, firm, corporation, or association, owning, leasing, managing, controlling or having any interest in any property or premises lying within the City of Lakewood to 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 4303 hereof to be unlawful.

No person shall have in his possession a book, paper, apparatus, device or paraphernalia for the purpose of recording or registering any bet or any purported bet or wager, or any purported wager, upon the result, or purported result, of any trial, or purported trial, or contest, of skill, speed, power or endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, or contingent event whatsoever.

No person shall deal, play, carry on, open, cause to be opened or conduct any game played with cards, dice or other device for money, checks, credits, or other things of value. A person shall not bet at any such game.