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HomeMy WebLinkAboutOrd 21-08 MuniCode Gaming ORDINANCE NO. 21 - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** AMENDING CHAPTER 5.48 OF THE DUBLIN MUNICIPAL CODE RELATING TO GAMING The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 5.48 of the Dublin Municipal Code is revised as follows: 5.48.010 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. As used herein, "game," "gambling" and "gaming" mean any game played with cards, dice or tiles that is played for currency, check, credit or any other thing of value. 5.48.020 Property used in gaming-Prohibited. 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 5.48.010 occurs. 5.48.030 Visiting gaming premises-Prohibited. 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 chapter is occurring. 5.48.040 Authority to seize money and property. In addition to any other remedy provided by law, any furniture, fixtures, equipment or article or anything of value, used in violation of this chapter 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 the 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 chapter and seized pursuant to this section shall be deposited in the general fund of the City. 5.48.050 Exceptions. Nothing in this chapter 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 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Ord No. 21-08, Adopted 5/06/08, Item 7.4 Page 1 of2 Section 4. Posting. The City 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, APPROVED AND ADOPTED this 6th day of May, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None AZL!:!~t Deputy City Clerk Ord No. 21-08, Adopted 5/06/08, Item 7.4 Page 2 of2