San Diego Municipal Code § 56.20 Certain Types of Coin Games and Similar Contrivances — Definitions

For the purposes of this Section, the following terms are defined as hereinafter set forth:

(a) “Pin Ball Game.” 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.

(b) “Marble Game.” 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.

(c) The phrase “any game similar to a marble game” shall mean: “Balley–Alley”
and other miniature mechanical bowling game device, by whatever name
called: 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, 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 of
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 price or reward upon the
operation or play of the game.

d) “Claw,” “Hook” or “Grab” Machine. 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 displayed, recovered or removed by the
operation of any contrivance simulating in miniature a power–shovel,
clamshell, dragline, or similar excavating tool or machine; it being the intent
hereby to include machines or devices which do not deliver, disgorge or eject
any article contained therein, or permit the operator to obtain possession of
any such article or duplicate thereof.

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(e) “Horse Racing Machine.” 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.
(Incorp. 1–22–1952 by O–5046 N.S., contained in O–2429 N.S. adopted 4–28–1942.)

It shall be unlawful for any person to own or have in his possession or under his custody or control, either as owner, lessee, agent, employee, mortgagee or otherwise, any slot machine, pin ball machine, marble machine or any similar device or contrivance, upon the result of the action of which money, amusement or other valuable thing is or may be staked or hazarded, and which is or may be operated or played by placing or depositing therein any coins, checks or slugs, or as a result of the operation of which any money, amusement, value, or representative of value is or may be won or lost, when the result of the action or operation of said slot machine, pin ball machine, marble machine, or similar device or contrivance is dependent, in whole or in part, upon hazard or chance. (Incorp. 1–22–1952 by O–5046 N.S., contained in O–2359 N.S. adopted 1–27–1942.)

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 pin ball game, any marble game, or any game similar to a marble game, or any claw, hook or grab machine, or any horse racing machine, the operation of which game or machine is controlled, permitted or made available by placing therein a coin, plug, disk, 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.

(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, disk, 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.
(Incorp. 1–22–1952 by O–5046 N.S., contained in O–2429 N.S. adopted 4–28–1942.)

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The provisions of this section shall not apply to the keeping, possessing or exhibiting any such mechanical contrivance or device at or in any mercantile store in which such mechanical contrivance 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. (Incorp. 1–22–1952 by O–5046 N.S., contained in O–2429 N.S. adopted 4–28–1942.)

The classes and types of devices hereinabove described are regarded as peculiarly adapted to gambling, or to incite the gambling tendency, and are not bonafide amusement machines. (Incorp. 1–22–1952 by O–5046 N.S., contained in O–2429 N.S. adopted 4–28–1942.)

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:

(a) Section 330a of the Penal Code of the State of California; or

(b) Any section enumerated in Part 1, Title 9, Chapter IX of the Penal Code of the
State of California; or
(c) Any of the provisions of this Section and these Subsections, is hereby
declared to be a nuisance and shall be subject to abatement as hereinafter
provided.

When any person has been convicted of or pleaded guilty to any violation of any law
of this City or of any law of this state, which offense involved the operation, use,
maintenance or possession of any article declared by this Subsection to be a nuisance,
then 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 hereinabove provided 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 said court for an order releasing such article to him in order that he may
comply with this section.
(Incorp. 1–22–1952 by O–5046 N.S., contained in O–2429 N.S. adopted 4–28–1942.)

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