Chapter 11.01
PUBLIC PEACE, MORALS AND WELFARE – MISCELLANEOUS OFFENSES

Sections:

11.01.010    Expectorating, spitting, etc.

11.01.020    Gaming or gambling.

11.01.030    Use of firearms, guns, etc., within City limits.

11.01.040    Liquor in public places.

11.01.050    Regulation of simulated gambling device.

11.01.010 Expectorating, spitting, etc.

It shall be unlawful for any person to expectorate, spit or spew upon any sidewalk of the City. [Ord. 12-004.]

11.01.020 Gaming or gambling.

A. Every person, firm, corporation or association who, for profit, or for anything of value or for commercial purpose of any nature, keeps, operates, conducts or maintains, either directly or indirectly, within the City any house, room, apartment, dwelling place, building, premises or other place where any game, gambling or gaming not mentioned or included in Cal. Penal Code § 330 or 330a 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, shall be guilty of a misdemeanor.

B. Every person, firm, corporation or association, either as owner, lessor, lessee, principal, agent, employee or participant or otherwise, who maintains or keeps or 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, building, premises, or other place upon or in which any gambling, games or gaming prohibited in this section 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 playing, conducting or dealing any such games, gambling or gaming shall, for the purposes of this section, be deemed to be keeping, conducting, operating and maintaining the same for profit or commercial purposes. [Ord. 12-004; Ord. 13-004 § 15; Ord. 15-003 § 1.]

11.01.030 Use of firearms, guns, etc., within City limits.

No persons shall upon any street or public place or upon any property within the City use, discharge or cause or permit to be used or discharged any firearm, gun, pistol or any weapon or thing which is capable of propelling or which does propel, in any manner, any bullet or missile whatever without the express permission of the Chief of Police or his or her designee. [Ord. 12-004; Ord. 15-003 § 1.]

11.01.040 Liquor in public places.

A. The drinking of any alcoholic liquor, including spirits, wine, beer or ale, or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, or the possession of any glass, can, or open container containing any alcoholic liquor, is prohibited on any public street, alley, sidewalk, parking lot, or other public ways.

B. This section shall not apply where the possession of alcohol is at an event located in public ways for which a license to sell said beverages has been issued, pursuant to the laws of the State of California, and a permit to hold the event has been issued by the City. However, it shall be an infraction for any person to possess any glass container for food or beverage in any public street, alley, sidewalk, parking lot, or other public ways in the boundaries of the City-approved event. [Ord. 12-004; Ord. 15-003 § 1; Ord. 18-008 § 2.]

11.01.050 Regulation of simulated gambling device.

A. “Person” means an individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation, or other organization.

B. “Simulated gambling device” means any device that, upon connection with an object, is available to play or operate a computer simulation of a game, where the play or operation of the device may deliver or entitle to a person or persons playing or operating the device to a payoff directly or indirectly from the owner or operator of the device or that person’s designee. The following rules of construction apply to the definition of “simulated gambling device”:

1. “Device” means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, machine, computer, or other device or equipment. The meaning of “device” also includes any associated equipment necessary to conduct the operation of the device.

2. “Upon connection with” means insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device, including by manual input by any person of characters, numbers, or any combination thereof, or other code for the purpose of accessing or activating a device, or any other mechanism or method by which the object provides access to the device.

3. “Object” means a coin, bill, ticket, token, card, characters, numbers, or any combination thereof, other code, or other tangible or intangible access mechanism or method, obtained directly or indirectly through payment of consideration, or obtained as a bonus or supplement to another transaction involving the payment of consideration.

4. “Play or operate” or “play or operation” includes the use of skill, the application of the element of chance, or both.

5. “Computer simulation” includes simulations by means of a computer, computer system, video display, video system or any other form of electronic video presentation.

6. “Game” includes slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest, or other promotion, lotto, and any other game associated with gambling or which could be associated with gambling. “Game” does not necessarily imply gambling as that term may be defined elsewhere.

7. “Payoff” means cash, monetary or other credit, billet, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually.

8. “Gambling” in the term “simulated gambling device” is for convenience of reference only. “Simulated gambling device” as used in this chapter is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.

C. Every person who manages, supervises, maintains, provides, produces, possesses or uses one (1) or multiple simulated gambling device(s) for commercial purposes is guilty of a misdemeanor. Each individual act to manage, supervise, maintain, provide, produce, possess or use a simulated gambling device constitutes a separate violation of this section.

D. An individual is not prohibited from personal, recreational, and noncommercial ownership, possession, play, operation, or use of a device which could be construed to be a simulated gambling device.

E. Nothing in this chapter is intended to conflict with the provision of State law concerning gambling, slot machines, gambling devices, or lotteries. In the event of a direct and express conflict between this chapter and State law, California law, as applicable, controls. [Ord. 15-003 § 1.]