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.
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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
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