Santa Barbara County Municipal Code § 6-26 Declared public nuisance; abatement

The pinball machine or marble machine, contrivance, appliance or mechanical device, the use or operation or possession of which machine is prohibited by section 6-24 hereof, is usually, but not exclusively, described as consisting of a table on legs, the table being in the shape of a box with the upper side covered by glass. Inside the box is a surface studded with pins, plugs, buffers, springs and holes and when a ball is released by a plunger upon this surface the ball wends its way from the top to the bottom and during its journey may fall into one of the numerous holes, or its course along the surface of such table may hit many of the springs, pins, or plugs, thereby and by means of electrical or other recordings, giving to the player a score, or other result from the operation of such machine which indicates the probable or possible return to the player of any consideration mentioned in section 6-24.

The description of the pinball machine or marble machine or other contrivance, appliance or mechanical device given in this section does not in any way limit the penal provisions of section 6-24 and is not to be construed as making legal any pinball machine or marble machine or other contrivance, appliance or mechanical device which is prohibited by the general terms of section 6-24, but may not be specifically described in this section; provided, however, that this division shall not be deemed, nor construed to prohibit or penalize the use of five-ball pinball machines or five-ball marble machines which in the operation thereof only allow or give additional chances or rights to use such machine.

(Ord. No. 631, § 2)

It is expressly provided that every person who has in his possession, or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise, or who permits to be placed, maintained or kept in any room, space, enclosure or building owned, leased or occupied by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any pinball machine or marble machine of the type and character described in sections 6-21 and 6-24, other than as exempted in section 6-21 hereof, is guilty of a misdemeanor, even though such person claims that such device is a game of amusement only and that there is no return of any kind to the player.

It is the purpose of the board of supervisors by this particular provision to absolutely ban and prohibit the use in the county of any mechanical devices which are operated by the insertion of a coin or slug, other than as exempted in section 6-21.

The board of supervisors expressly state as a reason for the adoption of this legislation that the individuals who operate such machines obtain illegal power, prey upon the public, particularly children and the unwary, inexperienced and credulous individuals.

(Ord. No. 631, § 6)

It is expressly provided that this division shall not apply to music machines, weighing machines which vend cigarettes, candy, ice cream and like upon which there is deposited an exact consideration and in which in every case the customer obtains that which he purchases.

(Ord. No. 631, § 8)

Every person who manufactures, owns, stores, keeps, possesses, sells, rents, leases, lets on shares, lends or gives away, transports or exposes for sale or lease or offers to sell, rent, lease, let on shares, lend or give away or who permits the operation of or permits to be placed, maintained, used or kept in any room, space or building owned, leased or occupied by him or under his management or control any pinball or marble machine or device as defined in this division and every person who makes or permits to be made with any person any agreement with reference to any machine or device, pursuant to which the user thereof, as a result of any element of chance or other outcome unpredictable to him, may become entitled to receive any money, credit, allowance, or thing of value, or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance or thing of value, is guilty of a misdemeanor. Any machine, apparatus or device is a pinball or marble machine or device within the provisions of this section if it is one that is adapted or may readily be converted into one that is adapted, for use in such a way that as a result of the insertion of any piece of money or coin or other object such machine or device is caused to operate or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or thing of value, or which may be given in trade, irrespective of whether it may, apart from any element of chance or unpredictable outcome of such operation, also sell, deliver or present some merchandise, indication of weight, or other things of value.

(Ord. No. 631, § 1)

In addition to any other remedy provided by law, any such machine, contrivance, appliance or mechanical device prohibited by sections 6-21 and 6-24 may be seized by any of the officers designated by section 335 of the State Penal Code, and a notice of intention summarily to destroy such machine or device shall thereupon be posted in a conspicuous place upon the premises in or upon which such machine or device was seized. Such machine or device shall be held by such officer for thirty days after such posting, and if no action is commenced to recover possession of such machine or device, within such time, the same shall be summarily destroyed by such officer, or if such machine or device is held by the court, in any civil or criminal action, to be in violation of this ordinance the same shall be summarily destroyed by such officer immediately after the decision of the court has become final.

Any and all money seized in or in connection with such machine or device, immediately after such machine or device has been so destroyed, is to be paid into the treasury of the county to the credit of the general fund.

(Ord. No. 631, § 3)

It is expressly provided that any pinball machine or other contrivance or device of a mechanical nature which is operated by the insertion of a coin in a slot, other than as exempted in section 6-21, constitutes a public nuisance, and the district attorney shall institute abatement proceedings against the owner or lessee of any buildings in which such machine is located.

(Ord. No. 631, § 7)

It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise of any pinball machine or marble machine, contrivance, appliance or mechanical device as defined and prohibited in sections 6-21 and 6-24 is prohibited whether or not the mere possession or control, either as owner, lessee, agent, employee, mortgagor or otherwise, of any pinball machine or marble machine, contrivance, appliance or mechanical device as defined in sections 6-21 and 6-24 hereof, might be an infraction of the laws of the state against lotteries, gaming or gambling.

It is specifically declared that every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise or who permits to be placed, maintained or kept in any room, space, enclosure, or building owned, leased or occupied by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only, any pinball machine or marble machine, appliance or electrical or mechanical device, as described in sections 6-21 and 6-24 is guilty of a misdemeanor and punishable as provided in section 1-7.

It is further declared that the provisions of this division specifically make the mere possession of such machine or contrivance or device illegal and render such machine or contrivance subject to confiscation as provided in section 6-25.

(Ord. No. 631, § 5)

The provisions of this division are not intended to conflict with, but shall supplement all laws of the state, prohibiting lotteries, gaming, or gambling and these provisions shall be invoked by all law enforcement officers whose duty it is to enforce the laws of the state against lotteries, gaming or gambling, when by operation of this division the use, ownership or possession, as defined in section 6-24, of any such game or mechanical device or contrivance is prohibited by this division but might not be prohibited by the laws of the state.

(Ord. No. 631, § 4)