Rosemead Municipal Code Ch. 9.20 Gambling

For the purposes 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.

(Prior code § 4166.2)

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 to cause or permit to be conducted, managed, carried on, maintained, operated, opened, 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 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 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, 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 pre-determined or pre-arranged, 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 place or premises; provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320 or of Section 330 of the Penal Code, 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 section 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, Sill Ball, Fortune, Quintain, Fascination or Inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated.

B. 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 subsection A of this section.

C. 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 9.20.020(A) to be unlawful.

D. It is unlawful for any person, firm, corporation or association to deal, play, carry on, open, cause to be opened, conduct or participate in any game of chance, or any game wherein chance is a determining factor or is any determining factor of the result of such game, which game is played or conducted with, or involves the use of cards, for money, checks, credits, or any other thing of value, or to bet, or to cause bets to be made or received at, or on the outcome of any such game.

Provided, however, that no provision of this subsection shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320 or of Section 330 of the Penal Code 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 section any game, operation or transaction herein described not prohibited by the provisions of the general law of this state, whether such games, operations or transactions are conducted under the names hereinabove specified or under any other name.

(Prior code §§ 4165—4165.3)

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 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. And 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.

B. It is unlawful for any person, firm or corporation to have in his, 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 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, 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 in equal distance therefrom.

(Prior code §§ 4166, 4166.1)