Maywood Municipal Code Ch. 9 Gambling

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Any game similar to a marble game" shall mean "Balley-Alley", any other miniature mechanical bowling game device, by whatever name called, and any table, cabinet, or mechanical device equipped for the playing of any game whereby any marble, ball, pellet, or any moving object is propelled, rolled, shot, or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, or mechanical hand or by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical device or which is mechanically manipulated, controlled, or guided, and which game is so contrived that at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the paying off or awarding of a prize or reward upon the operation or play of the game.

(b) "Claw, hook, or grab machine" shall mean any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displaced, recovered, or removed by the operation of any contrivance simulating in miniature a power shovel, clamshell, dragline, or similar excavating tool or machine.

(c) "Horse racing machine" shall mean any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans, or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in the manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of the finish thereof.

(d) "Marble game" shall mean any table, cabinet, or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot, or rolled so as to drop or come to rest in holes, slots, cups, or traps, resulting in a score or tally being electrically or otherwise registered or shown, which score or tally depends upon the course followed or point reached by the marble or ball, or upon the contact points touched by it along its course, or upon any combination of such factors.

(e) "Pin game" shall mean any table, cabinet, or mechanism equipped for the playing of any game whereby any marble, ball, pellet, or other moving object is propelled, released, rolled, or shot along, over, or above a surface set with pins, pegs, or other obstructions or irregularities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player.

(§ 6, Ord. 330)

It shall be unlawful for any person to keep, maintain, or possess in any place of business or in any place of public resort:

(a) Any game similar to a marble game, any claw, hook, or grab machine, any horse racing machine, any marble game, or any pin game, the operation of which game or machine is controlled, permitted, or made available by placing therein a coin, plug, disc, key, or token, or which is let for use, operation, or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase; and

(b) Any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted, or made available by placing therein any coin, plug, disc, key, or token, or which is let for use, operation, or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase.

The provisions of this section shall not apply to the keeping, possessing, or exhibiting of any such mechanical contrivance or device at or in any mercantile store in which such mechanical contrivances or devices are kept solely for sale and which mechanical contrivances or devices members of the public are not permitted or allowed to operate, manipulate, or play except as incident to a demonstration for the purpose of sale.

(§ 6, Ord. 330)

It shall be unlawful for any person to play or bet at or against any game not mentioned in Section 330 or 330a of the Penal Code of the State, which game is played, conducted, dealt, or carried on with cards, dice, billiard balls, pool balls, cues, or other devices for money, checks, chips, credit, or any other representatives of value or for any merchandise or any other thing of value.

(§ 3, Ord. 330)

It shall be unlawful for any person, either as principal, agent, employee, or otherwise, to keep, conduct, or maintain within the City any house, room, apartment, or place used in whole or in part as a place where any game not mentioned in Section 330 or 330a of the Penal Code of the State is played, conducted, dealt, or carried on with cards, dice, billiard balls, pool balls, cues, or other devices for money, checks, chips, credit, or any other representatives of value or for any merchandise or any other thing of value.

(§ 1, Ord. 330)

It shall be unlawful for any person, either as principal, agent, employee, or otherwise, knowingly to permit any house, room, apartment, or place owned by him or under his charge or control in the City to be used in whole or in part for playing, conducting, dealing, or carrying on therein any game not mentioned in Section 330 or 330a of the Penal Code of the State with cards, dice, billiard balls, pool balls, cues, or other devices for money, checks, chips, credit, or any other representatives of value or for any merchandise or any other thing of value.

(§ 2, Ord. 330)

No person, either as owner, lessee, agent, employee, mortgagee, or otherwise, shall operate, keep, maintain, rent, use, or conduct any clock, tape, slot, card machine, or any other machine, contrivance, or device upon which money is staked or hazarded upon chance or into which money is paid, deposited, or played upon chance or upon the result of the action of which money or any other article or thing of value is staked, bet, hazarded, won, or lost upon chance.

(§ 5, Ord. 330)

No person shall sell, let, lease, or rent any telegraph or telephone line or wire, or transmit any message over such line or wire, knowing that such line, wire, or message is to be used by any person in conducting or carrying on any establishment or occupation prohibited by the provisions of Section 337a of the Penal Code of the State.

(§ 4, Ord. 330)

It shall be unlawful for any person to have in his possession in the City any writing, memoranda, betting marker, or betting sheet upon which is recorded any bet or wager, or any purported bet or wager, upon the result or purported result of any trial or purported trial or contest or purported contest of skill, speed, or power of endurance of man or beast or between man, beast, or mechanical apparatus, or upon the result or purported result of any lot, chance, casualty, or contingent event whatsoever.

(§ 1, Ord. 391)

(a) Scope. Nothing contained in this section shall be deemed to repeal or modify any other provision of this chapter prohibiting the possession, display, or use of any lottery device, pin game, marble game, or other device suitable for lottery or gaming purposes.

(b) Punchboard defined. "Punchboard" shall mean, extend to, and include any board or device similar in function and manner of play to a punchboard, even though the numbers or symbols to be drawn by the player are not concealed in holes within the board in the style of an ordinary punchboard.

(c) Prohibited. It shall be unlawful for any person to possess in any place of public resort or in any place of business open to the public any punchboard upon which or in connection with which any writing, legend, or diagram is displayed, or any oral statement is made, indicating that any money, merchandise, property, or any other thing of value will be distributed through any scheme or plan of which the punchboard is a means or instrumentality.

The provisions of this subsection shall be effective regardless of whether any charge shall be demanded or accepted, either directly or indirectly, or any donation to any real or purported charity shall be accepted from any patron, customer, visitor, or other person for the privilege of playing the punchboard.

(§ 10, Ord. 330)

No person shall have in his possession any lottery ticket or have, keep, or store upon any premises in his possession or under his control any lottery ticket.

(§ 8, Ord. 330)

No person shall make, manufacture, print, engrave, stamp, paint, or write, either in whole or in part, any lottery ticket.

(§ 12, Ord. 330)

No person shall have in his possession any lottery device.

(§ 9, Ord. 330)

No person shall have in his possession any book, tablet, ledger, account, bill, paper, memorandum, list, or record used, or understood or intended to be used, or to represent any record whatsoever, of any lottery, lottery company, lottery ticket, device, or drawing held or to be held.

(§ 11, Ord. 330)

No person shall give, publish, disseminate, or impart any knowledge or information regarding the alleged result or outcome of any lottery or lottery drawing.

(§ 13, Ord. 330)

No person shall visit, attend, or resort to any office, house, room, tenement, or other place where any lottery is contrived, prepared, set up, proposed, drawn, or conducted or where lottery tickets are sold, offered for sale, given away, furnished, or transferred.

(§ 15, Ord. 330)

Upon a trial for the violation of any of the provisions of Sections 5-9.10 through 5-9.15 of this chapter, it shall not be necessary to prove the existence of any lottery or lottery company in, for, or by which any lottery ticket is intended to be issued or used, or purported to have been issued or used, nor to prove the existence of any lottery or lottery company, actual or pretended, in, for, or by which any book, tablet, ledger, account, bill, paper, memorandum, list, record, device, or other object is or has been made, kept, issued, printed, written, marked, stamped, set up, or drawn. In all such cases, proof that such articles enumerated in this section are used, or intended to be used, or were or have been used, or are purported or understood to belong to or be a part of or relate to any lottery, lottery company, ticket, or lottery drawing shall be sufficient.

(§ 14, Ord. 330)

No person shall exhibit or expose to view, when three (3) or more persons are present, any part of any faro box or roulette or fan-tan table or layout in any barricaded house, room, or place built or protected in a manner to make it difficult for access or ingress by police officers, nor shall any person resort to or visit any such place.

(§ 16, Ord. 330)

No person shall have in his possession any tin, bowl, box, or other receptacle used for holding, covering, or concealing any article used as a unit, or any stick, rod, or article used as a unit, or any tool, instrument, or other device used, or intended to be used, for the playing of fan-tan or any game of a similar kind or nature for money, checks, chips, credit, merchandise, or other representatives of value.

(§ 17, Ord. 330)

No person, with intent to defraud, shall have in his possession any machine, appliance, contrivance, or device of any kind or description used, or intended to be used, to evade the correct payment for the use of any machine or apparatus so equipped from registering correctly the amount so deposited.

(§ 18, Ord. 330)

No person, with intent to defraud, shall deposit in the coin collecting attachment of any machine or apparatus equipped with a coin collecting attachment any disc, device, or substance other than the coin, lawful money of the United States, representing the correct amount of the lawful money required as payment for the use of such machine or apparatus so equipped.

(§ 19, Ord. 330)

Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument, or article operated, used, kept, possessed, placed, or maintained in violation of the provisions of Section 330a of the Penal Code of the State or any section enumerated in Chapter 9 of Part I of Title 9 of the Penal Code of the State or the provisions of this chapter is hereby declared to be a nuisance and shall be subject to abatement as provided in Section 5-9.22 of this chapter.

(§ 7, Ord. 330)

When any person has been convicted of, or pleaded guilty to, any violation of any law of the City or of the State, which offense involved the operation, use, maintenance, or possession of any article declared by Section 5-9.21 of this chapter to be a nuisance, such article shall be destroyed by the Chief of Police after the plea or after the judgment of conviction has become final.

If any article subject to destruction as provided in this section is in the custody of any court within the City, the Chief of Police shall cause an application to be made to the judge of such court for an order releasing such article to him in order that he may comply with the provisions of this section.

(§ 7, Ord. 330)