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HomeMy WebLinkAbout6.4 Ordinance Regulating Gaming r i r CITY OF DUBLIN AGENDA STATEMENT , CITY COUNCIL MEETING DATE: October 12, 1987 SUBJECT An Ordinance of the City of Dublin Regulating Gaming EXHIBITS ATTACHED Draft Ordinance Section 330 California Penal Code p\/ Section 330a California Penal Code RECOMMENDATIONS- ` 1 ) Open public hearing 11 2 ) Receive staff presentation 3 ) Hear public testimony 4 ) Close public hearing 5 ) Deliberate 6 ) Waive reading and introduce proposed ordinance FINANCIAL STATEMENT: None DESCRIPTION The City Attorney' s office has prepared a draft ordinance regulating "gaming" within the city, as part of the comprehensive municipal code revision process. The proposed ordinance specifically prohibits any game, gambling, or gaming not mentioned or included in Section 330 or 330a of the Penal Code. It would be unlawful for any person to knowingly permit gambling or gaming on any premises, or for any person to knowingly visit any premises where a violation is occurring. The intent of this ordinance is to regulate against the establishment of "card rooms" within the corporate limits of the city. Most forms of gambling are prohibited by state law, the exception being draw poker. The regulation of draw poker is reserved to the cities. This ordinance is not intended to dissuade friends or neighbors from playing "draw poker" providing it is not played as a banking or percentage game (Attorney General Opinion ##378 ) . This draft ordinance has been thoroughly reviewed by the Assistant District Attorney in Livermore and extensively revised by the City Attorney. -------------------------------------------------------------------------- COPIES TO: / r TTFM NO- ORDINANCE NO. -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, 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 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 AND ADOPTED by the City Council of the City of Dublin on this day of 1987, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- ,. ,..;...f. .t...+,'. c«.a. ,... •.. r•r.r . ... ,.. ;.,., .7::. t;. .t.>1 Y•'l'F`,;j,ali)�+° 241fF5e,fl'.°:4T-r^(. 1 ! :116 1 y § 330 `CRIMES-AGAINST'THE PERSON ., . . ...','' '='-„y^•-r'3 4. t'�t r.��Ai�N�•l�r�Ct,_�'°'a'thReterenea (Hmgo with ed numbers notvnthstandmg ( .t $aCtlon defined to prelude cards ;3i,�y•, 332. ::Winning by fraudulent means.:trick or cheating • ,- :+ this scctioib'fee§326 3:-� y, •- �.• :: „ r 333.r r.Prosecution witnesses: neglect or refusal to attend ;�) '' 1-seeing;iei§ 337a ` 334. . Use,manufacture,or sale of hidden device.to diminish chalice,or hibition:m certain rnnntlei upon assent of electors,see ,'� _'r ` r;. any other fraudulent means of winning at concession; owning Draw poker,'pro _y .§ 337s i� iiri^� :tCk ,i?d} Ali•:; nYS;;aiL-,or operation of game of razzle-0sule ' Nlisdemeanor,defuied,see 17 r: , ., Y ,s: ey peace otfieera enforeemrnt duties; -] ;Public officei-iiditig or assisting violaUOn'of this section,ace § 337. z !' 335:'t::District attorn sand .,._.�'•-; 'r;.::!•.._:):�•?.� '::'.:•^:: see ni• . ,�glect-of duty. :-_ :So lieiting•eustomas for gsmbling'h°ox' § i',•i; 33sa..:Lottery,,or.gambling devices; seizure notice of intention to'-risdiction of recovery +Q 'l.'SlPmBc)>ln� '=r1 t" "Idl S'}'ii,l; - `••°destro `waiting period; destruction;ju :§'33pa; - es; card dice; . ice of;more than motions;*dispo�at o[seised money." `a 'r., ,{`;y� r���?`gii f S1ot ( •on or permitting within building; S 'Allowing minors to gamble in drinking P ` 336.*ia'Al o g protection money; licensing 'rrU;`r tuiishment'• Y•• ,� �� a 337. :Public officers; asking or reeeivingt conduct of prohibited ,K:: p "'^`'-'",` .,r IOa Oi Dnder his °'''" for permitting Edery.pers..! who has'in his possess or , ... '``games �: : `control;either-as owner,lessee;-agent,`employee, mort- 'u'I+r•' 337a r�:BookmakinB or'poolselling; keePu'8 or occupying Place snub `Oi'W}10 tS.t0 be''placed, riling wa en,etc.;'stake holding;`re- ,gagee,:'or:OtherwL1 pe .T paraphernalia ramp gct gasf o permitting unlawful use of room or enclosure•, :majutaini 6d or;kept, m;;9PY room, spacx, inclosure or -making or,,accepting wagers; prior convictions; punig!'II'ent; '-building'owned,�leased of occupied by bim;or under his —application of xation '.•, ` ,mans emetit'or;control,;any slot..or;card"..machine, Sporting'events; offering or attempting to bnbe player punish- g :t ']1aaCe.Or meCh8IIlCal device, aeon the . .. i:= ;< •_ .aV? 'COntSlvaIll , app ment:` S:1'' ;' 'ir.',::., _ ::' .- valuable thing accepting or a pting to accept bnibC �reSlllt Of action OE WkiChInOIICy,Or Otltel 3370 Sporting events; play P •' ' and is O rated OI played, y . j rfi. .p �s.<n: punishment. Staked Ot bars;ded,' . Pe �. -punishment. ' checks,slugs, 337d.': Sporting events offer or attempt to bribe official: p Ig�g-or de()o5iting therein any..4 --, 337e. :Sporting events official receiving or attempting to receive bribe; bad.or Other Sr kles or device,or in any other manner punishunent and by means whereof,eras a result-of the operation of 1 I'. 3370 `Horse racm stimulating or depressing horse by drug or device•, entering drugged horse m race; enuring horse under fictitious which any merchandise,money,representative or articles ,,f!!: :• -name drug defined. c. ...:_ of value,checks,or tokens;Jredeemable in,or exchanges- . 337g.,;.Horse races; drugs within racing inclosure; prohibition; uuP ble for none or an other:thing of value,is won or lost, lion; approval and supervision of use Y_, Y or taken from or•Obtained from such machine,when the 337h.' Racing animals;'administration of poison.drugs,etc.,or use of .device to affect speed result;of,action or:operation'of such-machine, Contra- ' 337L•.Transmittal.of racing information to gambits : . :^ vance,appliance,or mechanical device is dependent upon .. `337] to 337r. ,Blank..',',' ... . • O has m 337s. ''Draw poker"Prohibition m counties over four mullion popula- hazard Ar Chance, and:CVerY,petSOtl, w t;°ri •s�xnt of electors - possession or under.his`control,.either;as owner,lessee, .Oros; 'References ' agent,'employee,-mortgagee,or otherwise, or who per- agent, maintained or kept, in any room, Control of gambling ships, see § 11300 et seq. wits t0 be placed, main eP Duplicate bridge tournaments,ides prohibiting wagering or gambling, space, inclosure•or building, owned, leased Or Occupied see Government cone § s3o7o. b him,-or under his management or control, any card Farm labor,contractors gamblers es,forbidden to frequent premis sa dice, or any dice having more than six faces or bases Labor Code § 1698.6. Gambling losses,income tax deductions,see Revenue and Taxation Code each, upon the result of action of which any money or § 17206. : - other valuable thin g'js staked or hazarded,or as a result Horse racing, wagering by unauthonud me�O�• liusuness and of the`operation.of'which any merchandise, money, Professions Code § 19662 Lotteries see § 319 et seq. representative or article of value,check or token,redeem- Sending minor to gambling house,penalty, see § 273C able in or exchangeable for money Or any other thing Of Wage deduction for gambling losses of seasonal worker forbidden,sec value,is won or lost or taken_,when the result of action or Labor code § 2s3. operation of such dice_ is dependent upon hazard or Wagering on prise eights see § 412 chance,is guilty of a misdemeanor,and shall be punisher- §.330. Gaming defined; punishment ble by a fine not less than one hundred dollars(5100)nor Every person who deals,plays,or carries on,opens,or more than one thousand dollars($1,000),or by imprison- causes to be opened,or who conducts,either as owner or ment in the county jail not exceeding six months, or ent ' (Added by Stars 19111,, employee, whether for hire or not, any game of faro, both such fine and imprisonm monte, roulette, lansquenet, rouge et noire, rondo, tan, c 483,'§ 1. . 'Amended by Stats1983, a 1092, § 268) fan-tan, stud-horse poker, seven-and-a-half, twenty-one, Cross References hokey-pokey,or any banking or percentage game played Manufacture.Ownership;C M,,.. slot machines. devices,we§§330b. with cards,dice,or any device,for money,checks,credit, 330.1. or other representative of value, and every person who Misdemeanor.defined,we § 17. ' Possession or control of slot machines or devices,see § 330.4, 1.1• plays or bets at or against any of said prohibited games,is Seizure slot machines or devices, see § 3303. guilty of a misdemeanor, and shall be punishable by a 7hiog of valt1e,defined,see§ 330.2' t fine not less than one hundred dollars ($100) not more 330b. ,Slot machines or devices; manufacture,repair, than one thousand ($1,000), or by imprisonment in the § sstssion, transportation, sale, etc.; county jail not exceeding six months,or by both such fine ownership, O a emciptions and imprisonment. (Enacted 1872 'A�en�`dsb198ja c .':.(1) Unlawful acts; regulation of machines on vessels 1885, .c.`145, § 1; Stats1891, c 62, § interstate or foreign commerce. It is unlawful for any 1092, § 26Z).•c- A:iii' —