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Home My WebLink About6.3 Gaming Regulation Ordinance i CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 26, 1987 SUBJECT An Ordinance of the City of Dublin Regulating Gaming EXHIBITS ATTACHED Draft Ordinance Section 330 California Penal Code S ction 330a California Penal Code RECOMMENDATIO S 1 ) Open public hearing 2 ) Receive staff presentation 3 ) Hear public testimony 4 ) Close public hearing 5 ) Deliberate 6 ) Waive reading and adopt 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 in any public place. It would be unlawful for any person to knowingly permit gambling or gaming on any premises, or for any person to knowingly visit any premise open to the public 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. This ordinance was introduced at the City Council meeting of October 12, 1987. ------------------------------------------------------------------ COPIES TO: ITEM NO. _6.o J_ Jr t r 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- i 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- _ i y. ,,•,...,A.S 1(r,yr-,./��, yrT� i'Jrttr'fty r .. �1 .1 i >t Y ,11• ir. 330 '..'CRIMES-AGAINST PERSON 4 ��,. .' r•- '--, (�> ,v .r. rn•�y'tG'i b ri�t.•L•,t:rs�.�il�'i�9TfiCL(Xoii Role-r-e-s'e'aJ:;T::i':>",:�'._'.•. . ...•....!<i NI .:: •:j•.,:i,"�I } defuud wuthooncr�led �� t�•• Section 1(l LBingo to inelude'ards numbers notwithstanding 332 .Winning by�fraudulrnt means.: k or usal toesainttead r, ; this seetim,ice'132 :"•...�'' „ a+ ,is .til -inB r , doa wdtnesses; neglect or ref t?; t:: r.• a: laeiling.is§337it! 334. Use.manufacture,or sale of hidden device to diminish cha»ce,or .D�E,�P00 - d r :r fraudulent means d winning at eoneesnon0. - g hfbition in certain eoontiei upon assent electors,see `�I L any other fraud i»ed ice 17. _ r n rY;ry.t?;or opmdoo of game of rAzzlydaale. r; 4.. . .r. ,o ::• :i t�dud iie inoliion'd - ., 337 t= 335:'C:District attorneys and peace o{Cicas;•enforeemen tl: :p„biie offscei Tiding or 8 s § chf' ;Sled d duty. ::a'� •�'r'` ' iY;t +$olidting•eustomea for gambiiru$'houx,°see§ 31L4 ,;:•1 vr;'r:;, devices;• sawn;,nonce d intention to -nl t.,, ••,r;. . 335a.��Lottery or. ambling od: destruction;jurisdiction of recovery �?q_�5•loti+II 8 h es;'aid &ce; di& of more than B Pell •.:. :,✓:>.• 1.1�. q .� n+, ,.y... building; zs#;iy.tion, rdisposal of 56 money'money.' : . t.• a ��a siz fee on or perms g within 8; 1 * 1 to gamble in drinking place:; :i1,d>'J -f 336.�j.Allowing minor money; licensing d.r';punishment~ ''t}'�'i ii%•��?�• _ ? :337 .Public offieeis:.asking or receiving protection .,>rvn•,,..;�•.tr•<.r b .a,_s.r'�� ,..: :-`: g fOr ordinance permitting conduct of prohibited ,ai;Eve person,who has m his possession or under his games.or '`- •`` " :• `co"ntiol, tither as owner:lessce,'agcnb'employee,"mort- �� 3371:rt•Baokmakin8 a'pooLxll'ing; keeping or'oocuPyin6 P with • •r:or,arh0 permits,to bo •placed, paraphernalia for rocarding wagers,etc.; stake holding;'ra :gagee,°or othCrwise, ,. cl e or pane permitting unlawfn1 use of room or enclosure; maintained;or;kept,'in�anY IOOm, Space, OSUr iaaldag otBaxep ge6rs; prt�convictions punch-t; =bw7ding'owtied,leased of ticciipie�by:him,or under his -t:•::�ti`-:a plicadon'of section";; y � nagement'orciontrol,;anY'"slot:-or card;machine, F p :olferin of attempting to bribe pl°yer;'punish' ► the xl;i,: 337b�.•Sporting everts; -.1, B s.2fs' :"c•: a :: :r' 'contrivance,'aPPlianec or mechanical device, upon _ meat: ;:�:` ':5'''- ri li' ,337c 'S sting event; player stapling or attempting to accept bn� �resiilt of aCtjon of vvhjch money or other valuable thing i4 3;i1• pudshmrnt •":":: :,' • ;staked oi'haiaided,anti which is operated;peia or played,by .s•„ 337d Sporting events;offs or attempt to bribe offic+al: punishment. r., epos 8,.. `' checks,.slugs, lacing'or-d ttm therein any:corns, f•:•.::. 337a "Sporting events; official receiving or attempting w receive bribe; balls,or Ojher.arhCles or device,'or in any other mariner . ' p' 1°1e1L horse by dr,rB or�" and by`means wheieof,or as a result-of the operation of 331f.''Horse races; stimulating or depressing --•:.rntering drugged horse in nee; entering Lone artier fictitious which any merch3RdlSe,moneys representative or articles :::,,• ,..: :._nsmr� drug defined c of value,checks,or tokens;redeemable in,or exchanges- within racing inclosure; prohibition; ex«p 3378.'.Horse races; drugs ble for�money or.any Other.thing of value,is won or lost, ` lion; appro val and supervision of use- ' 337h "Racing animals: adnnn>stnion d poison,drugs,etc'or use of or taken from or:bbtained from such machine,when the device to affect speed result;of,action or operation'of such.machine, contri- =''''' 3371 Transmittal-of acing information to gamblers .._.:, :.::: vantx,appliance,Or mechanical device is dependent upon • n who has in his =337j to 337x. Blank.', ' .... •- ry.perso 3375 ''Dnw poker,"pmhibidon in counties over four million popuia- p SC5S10II Ocfvnder his'COntrol,.either,as Owner,lessee, } "tiou;.assent of electors !;: .• -�_ Coss Rcfermees :, agent,'employee,•mortgagee,or'otherwise, or who per- Contro l oC gambling ships. see § 11300 et seq. .''' mlts to'be:pla64 maintained br.kept, m any room, Duplicate bridge tournaments,rules Prohibiting wagering or gambling• space, inclosure-or building, owned, leased or occupied see Government code § 53070. by him,=or under his management or control, any card Faun labor contractors, gamblers forbiddea to frequent premises.s m� or any dice having more than six faces or bases .-;'.Labor code § 1696.6. each,upon the result of action of which,any money or Gambling lasses,intone tax deductions;see Revenue and Taxation Code: other valuable thin g'is staked or haiarded,or as a result 17206. , Horse racing wagering by unauthorized methods, see Business and of the operation.bf which any merchandise, money, ! Professions Code § 19662 Lotteries see § 319 a seq. repreSGn�tive or article'of value,check or token,reds em- Saidirig minor to gambling house.Penalty,see § 273C able in or exchangeable for money or any other thing of Wage deduction for gambling losers d seuonal worker forbidden'see value,is won or lost or taken,when the result of action or Labor Code § 253• operation of such dice_.is dependent upon hazard or wagering on prize fisbn. see § 412 chance,is�8uilty of a misdemeanor,and shall'(ptuusha• § 330. .Gaming defined; punishment ble by i fine not less than one hundred dollars(5100)nor Every person who deals,plays,or carries on,opens,or 'more than one thousand dollars(S 1,000),or by imprison- Every or by to be opened,or who conducts,either as owner or meat iii the county jail not exceeding six months, or by employee, whether for hire or not, any Same of faro, both such fine and imprisonment.• (Added by State 1911, monte, roulette, lansquenet, rouge et noire, rondo, tan, c. 483,`§ 1. Amended.by�Stats 1983, c 1092. § 26�) fan-tan, stud-horse poker, seven-and-a-half. twenty-one, , Coss References nine played hokey-pokey,or any banking or percentage 8 P Y Muinufactuie,ownership,etc:of slot machines or device,see§§330b, with cards,dice,or any device,for money,checks,credit, 330.1."". or other representative of value, and every person who Misdemeanor,o control defined.of got 1m�ees or devices,see 1330 plays or bets at or against any of said prohibited games,is S&=of slot machines or devices,see 1330.3 guilty of a misdemeanor, and shall be punishable by a Thing of value,defined.see 13 30.2. r fine not less than one hundred dollars (5100) nor more 330b, Slot machines or devices; man repair, than one thousand (51,000). or by imprisonment in the § on, transportation, sale, etc-0 county jail not exceeding six months,or by both such fine o�emhiP+ 1 and imprisonment. (Enacted 1872 Amended by State exceptions 1885, e.'145;'§ 1; State1891, c 62. §1; Stab1983, a in 1) Unlawful or foreign egulaatiion of Itmu unlawful for a vessels 1092, § 267.).;,. i