IV. Offenses Against Public Decency

Chapter 9.32
GAMBLING

Sections:

9.32.010    Unlawful.

9.32.020    Use of premises.

9.32.030    Participation.

9.32.040    Exemption.

9.32.050    Penalty for violation.

9.32.010 Unlawful.

It is unlawful for any person, either as principal, agent, or employee, or otherwise, to keep, conduct or maintain within the city any house, room, apartment, stand or place used in whole or in part as a gambling house or place where any game not mentioned in Section 330 of the Penal Code of the state of California is played, conducted, dealt or carried on with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise, or other valuable thing or representative of value. (Ord. 316 § 1, 1962).

9.32.020 Use of premises.

It is unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment, stand or place owned by him or under his charge or control in the city to be used in whole or in part as a gambling house or place for playing, conducting, dealing or carrying on any game not mentioned in Section 330 of the Penal Code of California with cards, dice or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing or representative of value. (Ord. 316 § 2, 1962).

9.32.030 Participation.

It is unlawful for any person to play or bet at or against any game not mentioned in Section 330 of the Penal Code of the state of California, which is played, conducted, dealt or carried on with cards, dice or other device, for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing or representative of value in any house, room, apartment, or place described in this chapter. (Ord. 316 § 3, 1962).

9.32.040 Exemption.

Unless otherwise declared unlawful under the laws of the state of California, the following are exempt from the operation of any of the provisions of this chapter:

A. Business Prizes. The giving by an association or licensed store, market, shop, service establishment, or other similar business house of prizes and purses for contests or exhibits;

B. Public Social Games. The carrying on of a game or games at any public social gathering by a recognized church, charitable organization, community service or fraternal organization or benevolent organization; and the prize or prizes of usual or ordinary value given to one or more players at any game played at such public social gathering shall not be deemed a thing of value and prohibited hereby;

C. A cardroom or card game carried on within the clubrooms of any incorporated fraternal or benevolent society, labor union, or charitable organization not open to members of the public but only to members of the particular organization and incidental to the purposes for which the corporation is organized;

D. Card tables and card games of a social nature played thereat, where no money or anything of value passes as a result of the card games;

E. A cardroom or card game carried on for business in compliance with the laws of the state and laws and regulations of the county in any premises located in territory annexed to the city on or before December 31, 1975; provided, that such cardroom or card game had been lawfully in operation for a period of one month or more immediately prior to December 31, 1975. Such cardrooms or card games are subject to the jurisdiction of the city to enact reasonable regulations in respect thereto, to require permits therefor, and to charge reasonable fees. Such regulations and procedures relating to the issue of permits and the fees for permits may be fixed by resolution of the city council, and permit issued on condition that the owner and operator of such card room or game subscribe to contract in writing agreeing to abide by such regulations as a condition for a permit. (Ord. 76-1 § 1, 1976; Ord. 316 § 4, 1962).

9.32.050 Penalty for violation.

Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $5.00 or more than $500.00, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. (Ord. 316 § 5, 1962).