Chapter 8.06
CARDS, DICE AND SIMILAR GAMES
Sections:
8.06.040 Gambling activities prohibited.
8.06.010 Purpose and intent.
The provisions of this chapter are not intended and shall not be construed to supersede any act either expressly permitted or prohibited by state law. The city council intends that this chapter be consistent with state law and its purpose is to protect the health, well-being and safety of the city’s residents. [Ord. 2010-126 § 1 (Exh. A)].
8.06.020 Ballot measures.
No application to establish a gaming club in the city shall be accepted or processed unless and until the electors of the city affirmatively propose and approve an initiative measure in accord with California law permitting legal gambling within the city. [Ord. 2010-126 § 1 (Exh. A)].
8.06.030 Application fee.
In the event that a ballot measure addressing the issue of legal gambling is approved through the initiative process, any application fee for a license to operate a gaming club in the city shall include such sum of money as is necessary to reimburse the city for all reasonable costs and expenses incurred by the city with respect to such ballot measure, as determined by the city clerk. [Ord. 2010-126 § 1 (Exh. A)].
8.06.040 Gambling activities prohibited.
A. Every person who, for profit or for commercial purposes of any nature, keeps, operates, conducts, permits or maintains, either directly or indirectly, in the city, any structure or room within a structure, or any other place, where any game, gaming or gambling not made unlawful by the provisions of state law (including without limitation California Penal Code Sections 319 et seq. and 330 et seq.) is played, conducted, dealt or carried on, whether with cards, dice or other objects or devices of any nature, including any computer simulation thereof, for money, checks, credit or other things of value shall be guilty of a misdemeanor.
B. Every person who deals, plays, carries on, or maintains, or who causes to be dealt, played, carried on or maintained, or who conducts either as a player, owner, principal, agent or employee, whether for hire or not, any of the activities prohibited in subsection (A) of this section shall be guilty of a misdemeanor.
C. This section is intended and shall be construed to apply to activities played, conducted, dealt or carried out in Internet cafes, cyber cafes and similar computer- or electronic-based commercial businesses or establishments in the city that are owned, opened or operated principally to promote or facilitate any of the activities prohibited in subsection (A) of this section. [Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.
8.06.050 Exclusions.
A. AVMC 8.06.040 is not intended and shall not be construed to apply to not-for-profit, noncommercial activities that are played, conducted, dealt or carried out in the following places:
1. In residences and residential property, whether individual or group, and any appurtenant common area or recreation facilities appurtenant to such residence or residential property, used with the consent of the owner or person with managing authority over such residence, residential property or appurtenant common area or recreation facilities; or
2. In facilities owned, leased or rented by or donated to any nonprofit corporation or charitable organization, duly registered as such with the Internal Revenue Service or the state, when the game, gaming or gambling activities are conducted for the purpose of raising funds for such corporation or organization.
B. AVMC 8.06.040 is not intended and shall not be construed to apply to the conduct of bingo games pursuant to and in accordance and compliance with the provisions of California Penal Code Section 326.5 and Chapter 8.08 AVMC.
C. AVMC 8.06.040 is not intended and shall not be construed to apply to the conduct of charitable raffles that are conducted pursuant to and in accordance and compliance with the provisions of California Penal Code Section 320.5. [Ord. 2010-126 § 1 (Exh. A)].