Chapter 7.20


Article I. Social Games

7.20.010    Social games prohibited – Exception.

7.20.020    Nonprofit organization defined.

7.20.030    House defined.

7.20.040    Tournament organizer defined.

Article II. The Halsey Social Gaming/Texas Holdem Poker Card Tournament

7.20.050    Title.

7.20.060    Social games permitted.

7.20.070    License required for social games.

7.20.080    Application for license.

7.20.090    Application renewal.

7.20.100    Standards for issuance of a license.

7.20.110    License not transferable.

7.20.120    Responsibilities of the licensee.

7.20.130    Tournament format required.

7.20.140    Terms of the license.

7.20.150    Revocation of license.

7.20.160    Suspension of license.

7.20.170    Appeals.

7.20.180    Penalty.

Article I. Social Games

7.20.010 Social games prohibited – Exception.

Social games, as defined in ORS 167.117 are prohibited within the city limits of the city of Halsey except:

(1) Social games between players in private homes or social games conducted by charitable, fraternal, religious or nonprofit organizations where no house player, house bank or house odds exist and there is no house income; and

(2) Pursuant to this city of Halsey social gaming/Texas Holdem poker card tournament chapter. [Ord. 374 § 1(A), 2005.]

7.20.020 Nonprofit organization defined.

For the purpose of this chapter, “nonprofit” means any person organized and existing for charitable, benevolent, humane, education, civic, or other nonprofit purposes. The fact that an organization does qualify for charitable deduction for tax purposes or that the organization is otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is a nonprofit organization. [Ord. 374 § 1(B), 2005.]

7.20.030 House defined.

“House” includes the owner of a business, private club, or place of public accommodation, and the owner’s spouse, children of the owner or spouse, the owner’s brothers, sisters, or parents, or a business in which one of the foregoing named individuals is associated. A license for the house is required by HMC 7.20.070. [Ord. 374 § 1(C), 2005.]

7.20.040 Tournament organizer defined.

A person other than the house who organizes the tournament, including but not limited to the provision of poker chips and playing cards. [Ord. 374 § 1(D), 2005.]

Article II. The Halsey Social Gaming/Texas Holdem Poker Card Tournament

7.20.050 Title.

The City of Halsey Social Gaming/Texas Holdem Poker Card Tournament. The purpose of this article is to allow businesses, private clubs or places of public accommodation to host “Texas Holdem poker card tournaments.” [Ord. 374 § 2(A), 2005.]

7.20.060 Social games permitted.

Texas Holdem poker card tournaments as defined below, other than lottery, between players in a private business, private club, or in a place of public accommodation where no house player, house dealer, house bank, or house odds exist, and there being no house take (meaning no house income from the operation of the social gaming), are hereby permitted as provided herein.

(1) Texas Holdem Poker Card Tournament Defined. “Texas Holdem” is a seven-card poker card game. The players deal to each other and the deal passes between players. There may be a set betting on the first round of betting called “blinds.” The players at each table are dealt two cards face down. After a round of betting, three community cards are turned face up in the middle of the table. This is called the “flop.” Players may fold at any time. After the flop is turned face up there is another round of betting. A fourth community card is turned up next to the flop. This is known as the “turn.” Another round of betting ensues. Finally a fifth community card is turned up next to the turn. This is known as the “river” or “fifth street.” A round of betting follows. There is no limit on the amount a player can bet at any time. Therefore, a player can bet all of his chips or move “all in” any round of betting.

(2) “Buy In” Defined. In tournament style Texas Holdem, all players who play in the tournament pay the same exact “buy in” fee. The tournament winners split up the “buy in” fee as the winnings pursuant to terms agreed upon before the tournament begins. No other winnings or compensation to the players is permitted other than the “buy in” fees. No more than two “buy in” fees are permitted, one during the initial “buy in” for participation in the tournament, and a second “buy in” optional with the tournament organizer or “house” for players during the tournament. The buy in fee is limited as set forth in HMC 7.20.120(12) and (13).

(3) Halsey Social Gaming Ordinance. Unless the context requires otherwise, all terms set forth in this chapter shall have the same meaning as set forth in ORS 167.117. [Ord. 374 § 2(B), 2005.]

7.20.070 License required for social games.

Any person(s), business, private club, nonprofit organization or place of public accommodation desiring to permit patrons or invitees to engage in a Texas Holdem poker card tournament within the city of Halsey shall acquire and maintain a valid license from the city. Licenses shall be granted only upon application to the city and upon approval of the city administrator/city recorder. Licensees shall be renewed annually no later than the first business day of January of each year. [Ord. 374 § 2(C), 2005.]

7.20.080 Application for license.

Before a license for a Texas Holdem poker card tournament may be granted by the city administrator/city recorder, the applicant must submit an application for license to the city with the following information. A completed applicant form must include the true names, dates of birth, driver license number and state, and addresses of all persons financially interested in the business and/or all persons who are either on the board of directors or hold offices in the entity or organization. The term “persons financially interested in the business” shall include all persons who share in the profits of the business where the social gaming activity is located, on the basis of gross or net revenue, including landlords, lessors, lessees, any owners of the building, fixtures, or equipment used in the social game. The application shall also include names, dates of birth, social security numbers and addresses of all tournament sponsors if different from person(s) financially interested in the business. [Ord. 374 § 2(D), 2005.]

7.20.090 Application renewal.

The grantee of the social gaming license must notify City Hall within 10 days of any change in a person’s financial interest in the business, or in the names of any persons who are either on the board of directors or hold offices in the entity or organization and request a renewal of its license. [Ord. 374 § 2(E), 2005.]

7.20.100 Standards for issuance of a license.

The city administrator/city recorder shall either approve the application and grant the license applied for, or deny the application and refuse to grant the license. The license shall not be granted, or if so be temporarily revoked or suspended, if any applicant or any person(s) financially interested in the business, entity or organization have done the following:

(1) Supplied any false or misleading information in the application or omitted any request of information from the application;

(2) Pled no contest or have been convicted of any felony within the last 10 years;

(3) Has been convicted of five misdemeanors or major traffic offenses totaling five, the last of which was within five years of the date of this application;

(4) Has two or more convictions within five years of gambling-related activities;

(5) Had a license in her/his name revoked or suspended three times by the Oregon Liquor Control Commission (OLCC), either of which was in the last five years;

(6) Been convicted and is currently on parole for any crime involving or related to gambling; or

(7) Violated any provision of this chapter. [Ord. 374 § 2(F), 2005.]

7.20.110 License not transferable.

No license shall be assigned or transferred; any such attempt shall void the license. [Ord. 374 § 2(G), 2005.]

7.20.120 Responsibilities of the licensee.

It shall be the responsibility of the licensee to ensure that:

(1) No form of unlawful gambling is permitted upon the licensed premises;

(2) Texas Holdem poker card tournaments are conducted consistent with the provisions of state law, city ordinances, and this section including the limit section below;

(3) Limitations. There shall be no house player, house bank, house dealer, house odds, and there shall be no house income from the operation (buy in fees) of the Texas Holdem poker card tournaments;

(4) There are to be no off-premises signs advertising gambling, card playing or social games. Advertisement in print or air wave media is authorized;

(5) The playing of social games shall be so arranged as to provide equal access and visibility to any interested party. The buy in fee for each player must be the same amount per tournament;

(6) No person under 21 years of age shall be permitted to participate in the social game;

(7) No charge other than a buy in fee shall be collected from a player for the privilege of participating in a game;

(8) No player shall be charged a price for any consumer goods which is higher or lower than the price charged to nonparticipants or that is normally charged;

(9) A copy of this city of Halsey social gaming/Texas Holdem poker card tournament article and the social gaming license shall be readily available where any such tournaments are being conducted;

(10) The room or enclosure where the tournaments take place is open to free and immediate access by law enforcement officers. Doors leading into the room or enclosure must remain unlocked during all hours of operation;

(11) Tournaments are to be conducted in the normal operating hours of any private business, private club or in a place of public accommodation. Furthermore, no social game is to be conducted between the hours of 2:00 a.m. and 10:00 a.m. on any day;

(12) Buy in Limitation. No tournament may charge a player a total buy in fee greater than $100.00 in a 24-hour period. No other winnings or compensation to the players is permitted other than the buy in fee;

(13) In a Texas Holdem poker card tournament no more than two buy in fees are permitted per player, per tournament, one during the initial buy in for participation in the tournament, and a second buy in optional with the tournament organizer or house for players during the tournament. The total sum of one or two buy ins may not be greater than $100.00 for any single player in a 24-hour period. [Ord. 374 § 2(H), 2005.]

7.20.130 Tournament format required.

All Texas Holdem poker card tournament social games shall utilize a tournament format. A tournament format shall include the following:

(1) A set buy in fee;

(2) Players shall receive in-game currency represented by chips (poker-type) which shall be nonredeemable;

(3) Participants shall compete for awards corresponding to a participant’s relative standing at the conclusion of the tournament;

(4) All fees and monies taken in for the tournament shall be paid back to the contestants at the conclusion of the tournament; and, therefore the house licensee, private business owner, manager, tournament organizer, etc. shall take no part of the buy in from the tournament players as profit or expenses, etc. [Ord. 374 § 2(I), 2005.]

7.20.140 Terms of the license.

All licenses issued hereunder shall be for a period of one year and shall be renewed on the first business day of January of each year thereafter. Licenses are not transferable and must be reapplied for at least 30 days prior to the renewal date each year. All renewals shall be approved by the city administrator/city recorder. [Ord. 374 § 2(J), 2005.]

7.20.150 Revocation of license.

A license is subject to revocation at any time for violation of this chapter or any provisions of state law related to gambling. If at any time facts arise or become known to City Hall which are sufficient to show the violation of this chapter or state law, the city administrator/city recorder shall notify the licensee in writing that the license is to be revoked and that all social gaming activities must cease within 10 days. The violations need not lead to a conviction, but must establish a reasonable doubt about the licensee’s ability to perform the license activity without danger to property or public health or safety in violation of this chapter. The notice of revocation shall state the reasons for the revocation, set a period of not less than 30 days before social gaming activities can recommence and inform the licensee of the procedures for filing an appeal. [Ord. 374 § 2(K), 2005.]

7.20.160 Suspension of license.

Upon determining that a license activity presents an immediate danger to persons or property, or that a license holder is in violation of any provisions of state law related to gambling or violation of this chapter, the city administrator/city recorder may suspend the license for the social gaming activity. The suspension shall take effect immediately upon notice being received by the licensee, or being delivered to the licensee’s business address as stated on the licensee’s application for the license that is being suspended. The notice shall be mailed to the licensee and state the reason for the suspension and inform the licensee of the procedures for filing an appeal. The city administrator/city recorder may continue the suspension for as long as the reason for the suspension exists, or until a decision is made by the city council on appeal regarding the suspension concludes the matter. [Ord. 374 § 2(L), 2005.]

7.20.170 Appeals.

Appeals of revocation or suspension shall be made to the city administrator/city recorder of the city of Halsey and shall be filed within 20 days or such action shall be deemed final and conclusive. Upon decision by the city administrator/city recorder, a final appeal regarding the suspension or revocation of the license will be to the Halsey city council. The person whose license is being suspended or revoked will have the opportunity to present her/his side to the Halsey city council for final decision at an open public council meeting. The city administrator/city recorder will serve notice of at least 20 days prior to the council meeting to the licensee. Such notice shall include the time and date of the council meeting and the grounds upon which the permanent revocation is sought. [Ord. 374 § 2(M), 2005.]

7.20.180 Penalty.

In addition to the suspension or revocation by the city administrator/city recorder of any license hereunder, any licensee, firm, corporation, business, association or person(s) associated with the licensee who violates any provision of this chapter, may upon conviction be fined in the amount not to exceed $500.00 for each violation. Upon conviction, a license may be revoked by the Halsey municipal court. Each day that a violation is permitted to occur may be considered a separate violation and a separate penalty may be applied. [Ord. 374 § 2(N), 2005.]