Article III — Gambling

As used in this chapter:

"Gambling devices" means any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or maintained in violation of the provision of:

1. Section 330a of the Penal Code of the state; or

2. Any section enumerated in Part 1, Title 9, Chapter 9 of the Penal Code; or

• The provisions of this chapter.

"Poolroom" means a room or place where betting or laying of wagers upon the result of races or contests is carried on as a business.

(Prior code §§ 4300, 4301.2)

No person shall keep, maintain, possess or have under control in any place of business or in any other place of public resort, either as owner, lessee, agent, employee, mortgagee or otherwise, any table games or devices commonly known as pinball game," marble game," fawn game" or lite-a-line," 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, disk, plug, key or other device, or by the payment of any fee. (Prior code § 4300.1)

• A. 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 poolroom, 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 wages upon the result of any race or contest.

• B. 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 poolroom, 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 poolroom or business.

• (Prior code § 4301)

It is unlawful for any person, firm or corporation to have in his or her or its possession in the city 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 is 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, 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 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 of identical appearance, and shall all be printed flush with the left side of the column in which the same are printed, or all of an equal distance therefrom. (Prior code § 4301.1)

No person shall have in his or her 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.

(Prior code § 4304)

No person shall distribute on the highway or elsewhere in the city any such list of entries, tips, odds or results as described in Section 9.08.150 unless published in a newspaper of general circulation.

(Prior code § 4301.3)

• A. No person shall play or bet at or, as an owner or employee, open, deal, play, carry on or conduct any game of chance played with cards, dice, balls, pins, checkers, counters, quoits, beans, spindles, tables, rings, wheels, machines, or any other device, contrivance or apparatus, or with any combination of any thereof, for money, checks, credits or things of value, and every person who bets at any of such prohibited games is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.

• B. Provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Sections 320, 320a, 330, 330a, 330b, 330c, 330.1, 330.2, 330.3, 330.4, 330.5, 330.6, 331, 332, 335a, 336 or 337a of the Penal Code, or of any other code section or general law of the state, it being the intention of the city council to prohibit by this section all games of chance, operations or transactions herein described not prohibited by the provisions of any general law of the state, including, but not limited specifically thereto, such games as Ringo," Keno," Tango," Movie Tango,"

Bingo," Beano," Skill Ball," Fortune," Quintain," Fascination" or Inspiration," and all games, operations or transactions similar thereto, regardless of the name designated. (Prior code § 4302)

• A. It is unlawful in the city for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, 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 price, 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 such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the 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 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, 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.

• B. Provided, however, that no provision of this Article III 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, or of any other code section or general law of the state, it being the intent of the city council to prohibit by this article all games, operations or transactions herein described, not prohibited by the provisions of any general law of the 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.

(Prior code § 4303)

It is unlawful in the city 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 9.08.190 of this article.

(Prior code § 4303.1)

It is 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 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 9.08.190 of this article to be unlawful. (Prior code § 4303.2)