Trinity County Municipal Code Ch. 9.12 Gambling Devices

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 leased or occupied by him or under his management or control, any slot machine, card machine, punchboard, contrivance, appliance, mechanical or electrical device as hereinafter defined and every person who makes or permits to be made with any person any agreement with reference to any such machine, punchboard, contrivance, appliance 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 any additional chance or right to use such machine, punchboard, contrivance, appliance or device 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, and shall be punishable 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.

(Ord. 189 §1, 1948)

A. A "machine, contrivance, appliance, or device" within the provisions of this chapter shall include but is not limited to 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, contrivance, appliance 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, or the user may secure additional chances or rights to use such machine, contrivance, appliance, device or apparatus, 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, entertainment or other things of value.

B. A "punchboard," within the provisions of this chapter, shall include but is not limited to one that is adapted to or may readily be converted into one that is adapted to use in such a way that as a result of the payment of any money or other thing of value such punchboard 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 credit, money, 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 or the user may secure additional chances or rights to use such punchboard.

(Ord. 189 §2, 1948)

In addition to any other remedy provided by law any such machine, punchboard, contrivance, appliance or device may be seized by any of the officers designated by Section 335 of the Penal Code of the state, and a notice of intention summarily to destroy such machine, punchboard, appliance, contrivance or device must thereupon be posted in a conspicuous place upon the premises in or upon which such machine, punchboard, contrivance, appliance or device was seized. Such machine, punchboard, appliance, contrivance, 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, punchboard, contrivance, appliance of device, within such time, the same shall be summarily destroyed by such officer, or if such machine, punchboard, contrivance, appliance or device is held by the court, in any civil or criminal action to be in violation of this chapter 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, punchboard, contrivance, appliance or device, immediately after such machine, punchboard, contrivance, appliance or device has been so seized, is to be paid into the treasury of the county and, upon the machine being destroyed in accordance with the foregoing provisions of this section, is to be credited to the general fund, otherwise to be returned to the person who was in possession of the machine when it was seized.

(Ord. 189 §3, 1948)

The provisions of this chapter are not intended to conflict with, but shall supplement all laws of the state prohibiting lotteries, gaming, or gambling, and these provisions must be enforced 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 chapter the use, ownership or possession, or any such game or machine, punchboard, contrivance, appliance or device is prohibited by this chapter but might not be prohibited by the laws of the state.

(Ord. 189 §4, 1948)

A. It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise, of any machine, punchboard, contrivance, appliance or device is prohibited and penalized by the provisions of this chapter, whether or not the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise of any such machine, punchboard, contrivance, appliance or device might be an infraction of the laws of the state against lotteries, gaming, or gambling.

B. 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 under his management or control, whether for use or operation or for storage, bailment, safekeeping, or deposit only, any machine, punchboard, contrivance, appliance, or device is guilty of a misdemeanor and punishable as provided in Sections 9.12.010 and 9.12.060.

C. It is further declared that the provisions of this chapter specifically make the mere possession of such machine, punchboard, contrivance, appliance or device subject to confiscation as provided in Section 9.12.030.

(Ord. 189 §5, 1948)

A. It is further 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 machine, punchboard, contrivance, appliance or device is guilty of a misdemeanor and punishable by a fine of five hundred dollars or imprisonment in the county jail for six months, or by both such fine and imprisonment, 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.

B. It is the purpose of the board of supervisors of the county by this particular provision to absolutely prohibit the possession in the county of any machine, punchboard, contrivance, appliance or device as defined in Sections 9.12.010 and 9.12.020.

(Ord. 189 §6, 1948)

It is further expressly provided that any machine, punchboard, contrivance, appliance or device which is operated by the insertion of a coin in a slot, or any punchboard, constitutes a public nuisance, and the district attorney is required to and it shall be his duty to institute abatement proceedings against the owner or lessee of any building in which such machine or punchboard is located after this chapter takes effect.

(Ord. 189 §7, 1948)

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

(Ord. 189 §8, 1948)