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.
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COPIES TO:
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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
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: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-
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