Yorba Linda Municipal Code Art. 1 General Provisions

No person shall, for profit or anything of value or for commercial purposes of any nature, keep, operate, conduct or maintain, either directly or indirectly, any house, room, apartment, dwelling place or other place where any game, gambling or gaming not mentioned or included in Section 330 or 330A of the Penal Code of the state is played, conducted, dealt or carried on, whether with cards, dice or any other device of whatsoever nature for money, checks, credit, merchandise or other representative of value.

(Prior code § 15-1)

A. Every person, either as owner, lessor, lessee, principal agent, employee, participant or otherwise, who maintains, keeps, operates or conducts, directly or indirectly, in whole or in part, or who directly or indirectly is in possession, in whole or in part, of any house, room, apartment, dwelling place or other place upon or in which any gambling, games or gaming prohibited in this chapter is played, conducted, dealt or carried on and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such games, gambling or gaming, or who, directly or indirectly, gains or receives anything of value or any financial profit from the playing, conducting or dealing of any such games, gambling or gaming, shall, for the purposes of this chapter, be deemed to be keeping, conducting, operating or maintaining the same for profit or commercial purposes.

B. It is unlawful for any person to knowingly permit any of the games, gambling or gaming which are prohibited to be played, maintained, operated, conducted or dealt in any house, room, apartment, or dwelling place owned or rented by such person in whole or in part pursuant to this chapter.

(Prior code § 15-2)

No person shall visit, frequent, participate in or knowingly permit any games, gambling or gaming which is prohibited to be played, operated, maintained, conducted or dealt in any house, room, apartment, dwelling place or other place. Every person who places or bets at or against any such games, gambling, or gaming is guilty of a violation of this section.

(Prior code § 15-3)

No person shall act as a lookout, doorkeeper or gamekeeper for any games, gambling or gaming which is prohibited to be played, operated, maintained, conducted or dealt in any house, room, apartment, dwelling place or other place. Every person who shall act as a lookout, doorkeeper or gamekeeper for any games, gambling or gaming shall be guilty of a violation of this section.

(Prior code § 15-4)

A. No person, either as owner, lessee, manager, employee, agent or servant, shall conduct, manage, carry on, maintain, operate, open, deal or deal in, or 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 or 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 by means 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, disc, 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 predetermined or prearranged or any other 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 paying 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 other place or premises.

B. No provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Sections 320, 321, 330, and 330a of the Penal Code of the state or any other section of such Code or general law of the state. It is the intent of the city 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, skill ball, fortune, quintain, fascination or inspiration, and all games, operations or transactions similar thereto, under whatever name they may be designated.

C. No person shall participate in, play, play in or engage in, either directly or indirectly, any game, operation, or transaction prohibited by the provisions of this section.

D. No person owning, leasing, managing, controlling or having any interest in any property or premises within the city shall cause or permit the maintenance or operation in or on such property or premises having knowledge of or after reasonable notice of the existence of any game, operation or transaction therein, prohibited by this section.

(Prior code § 15-5)

The head of the responsible law enforcement agency shall seize or cause to be seized and safely keep all chips, cards, boxes, tables, boards and all other articles used or pertaining to any game of chance played with cards, dice or any device for money, checks, credit or other representative of value and shall produce the same in court, to be retained until the final disposition of any case in which such articles may be required as evidence. Nothing in this section shall prevent the destruction of such articles at any time upon court order when such articles no longer are required to be retained for evidence.

(Prior code § 15-6)

Nothing in this article shall prohibit the operation, permitting of, participation in or employment related to games or activities otherwise permitted under State law conducted by non-profit organizations, regardless of whether money or anything of value is collected as a condition of or as a stake in participation.

(Ord. 2009-0933, § 2)