Murrieta Municipal Code Ch. 9.15 Gaming Club Regulations

“Gaming club” is defined as set forth in Section 19802 of the California Business and Professions Code, as amended.

(Ord. 333 § 2 (part), 2005)

Gaming clubs are prohibited within all zoning districts within the city of Murrieta.

(Ord. 333 § 2 (part), 2005)

It is the purpose and intent of the chapter to conform laws related to gaming clubs within the city to the provisions of California Business and Profession Code Sections 19819 and 19819.5, which reads as follows:

19819. No gaming club shall be located within the territorial limits of any county, city, or city and county which had not permitted gaming clubs prior to January 1, 1984 unless a majority of electors voting thereon affirmatively approved a measure permitting legal gambling with that county, city or city and county.

19819.5(a). On or after January 1, 1996, neither the governing board nor the electors of a county, city, or city and county that has not authorized legal gaming within its boundaries prior to January 1, 1996 shall authorize legal gaming.

The city council finds and determines that to permit the establishment and operation of gaming clubs in the city would be contrary to the public health, safety and welfare of the residents of the city.

(Ord. 333 § 2 (part), 2005)

No application to establish or operate a gaming club in the city shall be accepted or processed unless and until the electors of the city affirmatively propose and approve an initiative measure in accord with California law permitting legal gambling within the city.

(Ord. 333 § 2 (part), 2005)

A. Every person who, for profit, or for anything of value, or for commercial purposes of any nature, keeps, operates, conducts or maintains, either directly or indirectly, in the city, any house, room, apartment, dwelling place, or other place where any game, gambling or gaming not mentioned or included in Section 330 or 330A of the Penal Code of the State of California is played, conducted, dealt or carried on, whether with cards, dice or any other device of whatsoever nature for money, checks, credit, merchandise or other representative of value shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail, not exceeding six months, or by both such fine and imprisonment.

B. Every person either as owner, lessor, lessee, principal, agent, employee or participant or otherwise who maintains or keeps or operates or conducts directly or indirectly in whole or in part, or who directly or indirectly is in possession in whole or in part of any house, room, apartment, dwelling place or other place upon or in which any gambling, games or gaming prohibited in this section are played, conducted, dealt, or carried on, and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such games, gambling or gaming, or who directly or indirectly gains or receives anything of value or any financial profit from playing, conducting, or dealing of any such games, gambling or gaming shall for the purposes of this chapter be deemed to be keeping, conducting, operating and maintaining the same for profit or commercial purposes.

(Ord. 333 § 2 (part), 2005)

Every person who knowingly permits any of the games, gambling or gaming which by Section 9.15.050 are made unlawful to be played, maintained, operated, conducted or dealt in any house, room, apartment, dwelling place or other place owned or rented by such person in whole or in part is punishable as provided in Section 9.15.050.

(Ord. 333 § 2 (part), 2005)

Every person who visits, frequents, participates in or knowingly permits any games, gambling or gaming which by Section 9.15.050 is or are made unlawful to be played, operated, maintained, conducted or dealt in any house, room, apartment, dwelling place or other place, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the county jail, not exceeding six months, or by both such fine and imprisonment.

(Ord. 333 § 2 (part), 2005)

Every person who shall place or bet at or against any of the games, gambling or gaming which by Section 9.15.050 are made unlawful shall be punishable as provided in Section 9.15.050.

(Ord. 333 § 2 (part), 2005)