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HomeMy WebLinkAboutOrd 51-87 GamingORDINANCE NO. 51 -87 AN ORDINANCE OF THE CITY OF DUBLIN REGULATING GAMING The City Council of the City of Dublin does 'ordain as follows: Section 1: GENERAL PROHIBITION. Any game, gambling or gaming not mentioned or'included in Section 330 or 330a of the Penal Code of the State of California is prohibited in any public place within the City of Dublin. As used herein, game, gambling" and "gaming" mean any card game played for currency, check, credit or any other thing of value. Section 2: UNLAWFUL TO PERMIT PROPERTY TO BE USED FOR VIOLATION. It is unlawful for any person, either as owner, lessee, agent, employee, mortgagor, or otherwise, to knowingly permit any room, building or premises, or any furniture, fixtures, equipment or other article or anything of value to be used in the City for or in connection with any game, gambling or gaming in connection with which a violation of Section 1 of this ordinance occurs. Section 3: UNLAWFUL TO VISIT PREMISES WHERE VIOLATION OCCURRING. It is unlawful for any person in the City to knowingly visit any premises open to the public where a violation of any provisions of this ordinance is occurring. Section 4: SEIZURES. In addition to any other remedy provided by law, any furniture, fixtures,o equipment or article or anything of value, used in violation of this ordinance may be seized by any of the officers designated by Sections 335 and 335a of the Penal Code of the State of California, and in such cases shall be disposed of as provided in Section 335a of said Penal Code, provided, however, that the phrase "machine or device" as used in said Section 335a of the Penal Code shall mean any furniture, fixtures, equipment or article or anything of value except money, coin or currency. Any or all money, coin or currency used in violation of this ordinance and seized pursuant to this Section shall be deposited in the general fund of the City. 'Section 5: PRESUMPTIONS. In a trial for a violation of any of the provisions of this ordinance, it shall be presumed that any game of draw poker or any variation thereof which was played publicly or in which participation was open or available to the PUblic, returned something of value to any person who controlled or permitted the operation of such game and to any person who was in control or possession of the premises in or upon which such game was played. This shall be a rebuttable presumption. -1- Section 6: EXCEPTIONS. Nothing in this ordinance includes or applies to any act which is made a public offense by Sections 318, 331, or 336 of the Penal code of the State of California, or by any other section of the Penal Code or by'any other law of the State of California. Section 7: EFFECTIVE DATE AND POSTING OF ORDINANCE. This · Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The Cit~ Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of ~he City of Dublin on this 26th day of October , 1987, by the following vote: AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTEST: Mayor -2-