Chapter 5.28
SOCIAL GAMING

Sections:

5.28.010    Definitions.

5.28.020    Social games allowed—Rules applicable to all social games.

5.28.025    Rules applicable to tournament-style social games.

5.28.030    License required.

5.28.040    Application and license fees.

5.28.050    License application and review.

5.28.060    License denial.

5.28.065    License revocation.

5.28.070    License renewal.

5.28.080    Violation—Penalty.

5.28.010 Definitions.

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. 963 § 2 (part), 2006)

5.28.020 Social games allowed—Rules applicable to all social games.

A social game between players in a private business, private club or place of public accommodation is authorized only when each of the following conditions are met:

A. There shall be no house player, house bank, or house odds.

B. There shall be no house income from the operation of a social game and there shall be no fee paid to, or collected by, the house, a social game organizer, or any other person, for the privilege of participating in a social game, including, but not limited to, a fee to defray the cost of providing the social game equipment or premises upon which the social game is conducted.

C. No form of unlawful gambling shall be permitted upon the licensed premises.

D. The game shall not be visible from a public right-of-way.

E. Persons under 18 years of age shall not be permitted in the room or enclosure where the social game takes place.

F. A license issued pursuant to this chapter shall be conspicuously displayed in the room or enclosure.

G. The room or enclosure where the social game takes place shall be open to free and immediate access by any police officer. Doors leading into the social game room must remain unlocked during all hours of operation.

H. The game shall be played in accordance with the rules set forth in Hoyle’s Modern Encyclopedia of Card Games. However, the rules of a social game may deviate from those set forth in Hoyle’s Modern Encyclopedia of Card Games if:

1. Such deviations are posted in the room or enclosure in a conspicuous location;

2. All players of a social game agree to the posted rule deviation; and

3. The social game does not, with such modifications, violate federal, state, or local law.

I. Copies of SMC Chapter 5.28 and Hoyle’s Modern Encyclopedia of Card Games shall be maintained in the room or enclosure and shall be subject to inspection by any player upon their request. (Ord. 1024 § 1, 2013; Ord. 963 § 2 (part), 2006)

5.28.025 Rules applicable to tournament-style social games.

Tournament-style social games are permitted in a private business, private club or place of public accommodation only when each of the following conditions are met:

A. The conditions set out at SMC 5.28.020 are met, except as made inapplicable under this section.

B. Tournament rules shall be conspicuously posted in the room or enclosure where the tournament takes place.

C. Buy-Ins.

1. All players must buy-in for the same amount of money;

2. Upon buying-in, each player shall be provided exactly the same amount of in-game currency (i.e., poker chips); and

3. No portion of the buy-in shall be paid to or retained by the house, organizer of the social game or any other person for the privilege of participating in a social game, including, but not limited to, a fee to defray the cost of providing the social game equipment or the premises upon which the social game is conducted.

D. All buy-ins must be returned to players pursuant to terms agreed upon before the tournament begins.

E. No other winnings or compensation to the players is permitted other than the buy-in. (Ord. 1024 § 2, 2013; Ord. 988 § 1, 2007; Ord. 963 § 2 (part), 2006)

5.28.030 License required.

A. No person shall conduct or permit to be conducted in any private business, private club or place of public accommodation any social game without obtaining a social gaming license from the city.

B. A social gaming license issued by the city is not subject to transfer or assignment, is not valid at any location other than the premises described therein, and shall be dated as of the first day of the month in which issued and shall expire one year from that date. (Ord. 963 § 2 (part), 2006)

5.28.040 Application and license fees.

The application fee and the annual fee for a social gaming license shall be the fees set by resolution. (Ord. 963 § 2 (part), 2006)

5.28.050 License application and review.

A. Application for a social gaming license must be submitted on a form prescribed by the city. An application must be submitted at least 30 days prior to the date the license is requested to be effective.

B. An application for a social gaming license shall be investigated by the Sutherlin police department. An applicant’s signature on the application form shall constitute the applicant’s consent to conduct the investigation.

C. The chief of police shall approve or deny an application for a social gaming license and shall report any such approval or denial to the city council at its next regularly scheduled meeting. (Ord. 963 § 2 (part), 2006)

5.28.060 License denial.

A. A denial of a license application must be made in writing and sent by first class mail to the applicant’s address stated in the application. The notice of denial shall set forth the grounds upon which the license was denied.

B. An applicant may appeal the denial of a license to the city council if the applicant makes a written application to the city recorder for such a hearing no later than twenty days from the date of the denial. The city council’s decision is final. Pursuant to ORS 34.020, an applicant has the right to appeal the city council’s final order by filing a writ of review in circuit court.

C. To the extent permitted by law, the chief of police shall deny a license if an applicant or any person(s) financially interested in the business, entity or organization has:

1. Been convicted of a felony within the last ten years;

2. Been convicted of five or more misdemeanors, the last of which was within the last five years;

3. Been convicted of any crime involving gambling within the last five years or has forfeited bail for any crime involving gambling within the last five years;

4. Been directly or indirectly involved in a forfeiture proceeding regarding a gambling device, as defined by state law, where such gambling device has been ordered destroyed within the last five years;

5. Supplied any false or misleading information in the application or omitted any requested information from the application;

6. Had a license in his/her name revoked or suspended by the Oregon Liquor Control Commission within the last five years;

7. Violated any provision of this chapter. (Ord. 963 § 2 (part), 2006)

5.28.065 License revocation.

A. The chief of police may revoke any license issued pursuant to this chapter if the chief of police finds that:

1. The holder or any person financially interested in the business, entity or organization has violated the provisions constituting grounds for denial of a license; or

2. The holder or any person financially interested in the business, entity or organization fails to allow lawful inspection of the business premises or records.

B. The chief of police shall provide written notice of the revocation to the holder of the license. The written notice shall state the reason for revocation and shall inform the holder of the license of the right to appeal under subsection E of this section.

C. The notice shall be given at least fifteen days before the revocation becomes effective and shall state the date that the revocation becomes effective, unless an appeal is filed before the revocation effective date in accordance with subsection E of this section.

D. A copy of the written notice of revocation shall be provided to the city council at its next regularly scheduled meeting.

E. An applicant may appeal the revocation of a license to the city council, if the applicant makes a written application to the city recorder for such a hearing no later than twenty days from the date of the denial. The city council’s decision is final. Pursuant to ORS 34.020, an applicant has the right to appeal the city council’s final order by filing a writ of review in circuit court. (Ord. 963 § 2 (part), 2006)

5.28.070 License renewal.

Licenses are valid for one year unless renewed or suspended prior to expiration. An application to renew a license shall be made not later than thirty days prior to the expiration of the current license and shall be made in accordance with the requirements of this chapter. (Ord. 963 § 2 (part), 2006)

5.28.080 Violation—Penalty.

Any person who conducts or permits to be conducted any social gaming in violation of this chapter commits a civil violation. Each day that a violation continues to exist constitutes a separate violation. Violation of this chapter is punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. 963 § 2 (part), 2006)