Chapter 9.26
PROHIBITION OF SIMULATED GAMBLING DEVICES
Sections:
9.26.030 Simulated gambling devices prohibited.
9.26.040 Exceptions from prohibition.
9.26.050 Construction with state law.
9.26.010 Purpose.
In enacting this chapter, it is the intent of the city council of the city of Pittsburg to protect the safety and welfare of the general public. [Ord. 14-1380 § 2, 2014.]
9.26.020 Definitions.
A. “Person” means an individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation or other organization.
B. “Simulated gambling device” means any device that, upon connection with an object, is available to play or operate a computer simulation of any game, where the play or operation of the device may deliver or entitle the person or persons playing or operating the device to a payoff directly or indirectly from the owner or operator of the device or that person’s designee. The following rules of construction apply to this definition of “simulated gambling device”:
1. The term “device” means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device or equipment. The term “device” also includes any associated equipment necessary to conduct the operation of the device.
2. The term “upon connection with” means insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device, including by the manual input by any person of characters, numbers, or any combination thereof, or other code for the purpose of accessing or activating a device, or any other mechanism or method by which the object provides access to the device.
3. The term “object” means a coin, bill, ticket, token, card, characters, numbers, or any combination thereof, other code, or any other tangible or intangible access mechanism or method, obtained directly or indirectly through payment of consideration, or obtained as a bonus or supplement to another transaction involving the payment of consideration.
4. The terms “play or operate” or “play or operation” include the use of skill, the application of the element of chance, or both.
5. The term “computer simulation” includes simulations by means of a computer, computer system, video display, video system or any other form of electronic video presentation.
6. The term “game” includes slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, and any other game associated with gambling or which could be associated with gambling, but the term “game” does not necessarily imply gambling as that term may be defined elsewhere.
7. The term “payoff” means cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually.
8. The use of the word “gambling” in the term “simulated gambling device” is for convenience of reference only. The term “simulated gambling device” as used in this chapter is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.
C. “Slot machine” has the same meaning as specified in Section 330b of the California Penal Code. [Ord. 14-1380 § 2, 2014.]
9.26.030 Simulated gambling devices prohibited.
It is unlawful for any person to manage, supervise, maintain, provide, produce, possess or use one or multiple simulated gambling devices. Each individual act to manage, supervise, maintain, provide, produce, possess or use a simulated gambling device constitutes a separate violation of this chapter. [Ord. 14-1380 § 2, 2014.]
9.26.040 Exceptions from prohibition.
Nothing in this chapter is intended to prohibit an individual’s personal, recreational and noncommercial ownership, possession, play, operation or use of a device which could be construed to be a simulated gambling device. [Ord. 14-1380 § 2, 2014.]
9.26.050 Construction with state law.
A. Nothing in this chapter is intended to conflict with the provisions of state law concerning gambling, slot machines, gambling devices or lotteries. In the event of a direct and express conflict between this chapter and state law, state law, as applicable, controls.
B. Nothing in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by state law. [Ord. 14-1380 § 2, 2014.]
9.26.060 Penalties.
A. Violation of this chapter is a public nuisance.
B. Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city for violations of this chapter. Such additional remedies include, but are not limited to, injunctive relief, administrative citations or any other remedy available under the municipal code. [Ord. 14-1380 § 2, 2014.]