Chapter 9.26 — DRAW POKER

As used in this chapter, "anything of value" means money, coin, currency, check, chip, allowance, token, credit, merchandise, property or any representative of value, and includes without limitations, any payment for services or for the use of any premises, cards, chips, furniture or other article.

(Ord. 15-59 § 1, 1959)

It is unlawful for any person in the City to receive directly or indirectly anything of value from the playing thereof, other than the actual winnings to which a person playing such game in good faith for himself/herself alone may be entitled as the result of such game. (Ord. 15-59 § 2, 1959)

It is unlawful for any person in the City to give anything of value for being permitted to participate in a game of draw poker or any variation thereof, other than to pay the actual losses sustained by such person playing such game in good faith for himself/herself alone. (Ord. 15-59 § 3, 1959)

It is unlawful for any person in the City of Union City to bet or wager anything of value belonging to another person in a game of draw poker or any variation thereof. (Ord. 15-59 § 4, 1959)

It is unlawful for any person, either as owner, lessee, agent, employee, mortgagor, or otherwise, to knowingly permit any room, building or premises, or any furniture, fixtures, equipment or other article or anything of value to be used in the City of Union City for or in any game of draw poker or any variation thereof in connection with which a violation of Sections 9.26.020 through 9.26.040 occurs.

(Ord. 15-59 § 5, 1959)

It is unlawful for any person in the City to knowingly visit any premises where a violation of any provisions of this chapter is occurring.

(Ord. 15-59 § 6, 1959)

In addition to any other remedy provided by law, any furniture, fixtures, or article or anything of value, used in violation of Section 9.26.050 may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code of the State of California, and in such cases shall be disposed of as provided in Section 335a of the Penal Code; provided, however, that "machine or device" as used in said Section 335a of the Penal Code means any furniture, fixtures, equipment or article or anything of value except money, coin or currency. (Ord. 15-59 § 7, 1959)

In a trial for a violation of any of the provisions of this chapter, it shall be presumed that any game of draw poker or any variation thereof which was played publicly or in which participation was open or available to the public, returned something of value to any person who controlled or permitted the operation of such game and to any person who was in control or possession of the premises in or upon which such game was played. This shall be a rebuttable presumption. (Ord. 15-59 § 8, 1959)

Nothing in this chapter includes or applies to any act which is made a public offense by Sections 318, 331, or 336, of the Penal Code of the State of California, or by any other section of the Penal Code or by any other law of the State of California. (Ord. 15-59 § 9, 1959)