Newark Municipal Code Ch. 9.20 Draw Poker

As used in this chapter, the phrase "any thing of value" shall mean money, coin, currency, check, chip, allowance, token, credit, merchandise, property, or any representative of value, and includes without limitation, any payment for services or for the use of any premises, cards, chips, furniture or other article.

(Ord. 8 § 1, 1955)

It is unlawful for any person in the city to receive, directly or indirectly, any thing of value from the playing or operation of a game of draw poker or any variation thereof, other than the actual winnings to which a person playing the game in good faith for himself alone may be entitled as the result of such game.

(Ord. 8 § 2, 1955)

It is unlawful for any person in the city to give any thing of value for being permitted to participate in a game of draw poker or any variation thereof, other than to pay the actual losses sustained by the person playing the game in good faith for himself alone.

(Ord. 8 § 3, 1955)

It is unlawful for any person in the city to bet or wager any thing of value belonging to another person in a game of draw poker or any variation thereof.

(Ord. 8 § 4, 1955)

It is unlawful for any person, either as owner, lessee, agent, employee, mortgagor, or otherwise, to knowingly permit any room, building or premises, or any furniture, fixtures, equipment or other article or any thing of value to be used in the city for or in any game of draw poker or any variation thereof in connection with which a violation of Sections 9.20.020, 9.20.030 or 9.20.040 of this chapter occurs.

(Ord. 8 § 5, 1955)

It is unlawful for any person in the city to knowingly visit any premises where a violation of any provisions of this chapter is occurring.

(Ord. 8 § 6, 1955)

In addition to any other remedy provided by law, any furniture, fixtures, equipment or article or any thing of value, used in violation of Section 9.20.050 of this chapter may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code of the state, and in such cases shall be disposed of as provided in Section 335a of the Penal Code; provided, however, that the phrase "machine or device" as used in Section 335a of the Penal Code shall mean any furniture, fixtures, equipment or article or anything of value except money, coin or currency.

(Ord. 8 § 7, 1955)

In a trial for a violation of any of the provisions of this chapter, it shall be presumed that any game of draw poker or any variation thereof which was played publicly or in which participation was open or available to the public, returned something of value to any person who controlled or permitted the operation of such game and to any person who was in control or possession of the premises in or upon which the game was played. This shall be a rebuttable presumption.

(Ord. 8 § 8, 1955)

Nothing in this chapter includes or applies to any act which is made a public offense by Sections 318, 331 or 336, of the Penal Code of the state, or by any other section of the Penal Code or by any other law of the state.

(Ord. 8 § 9, 1955)