Chapter 9.32
PROHIBITION OF SIMULATED GAMBLING DEVICES
Sections:
9.32.010 Purpose and findings.
9.32.030 Simulated gambling devices prohibited.
9.32.050 Construction with state law.
9.32.080 Remedies cumulative – Each day a separate offense.
9.32.010 Purpose and findings.
The City Council of the City of Vacaville finds as follows:
A. Pursuant to Chapter XI, Section 7 of the California Constitution, the City of Vacaville may make and enforce all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
B. Pursuant to Section 38771 of the California Government Code, the City of Vacaville may declare what activities or conditions may constitute a nuisance.
C. Pursuant to Section 19803 of the California Business and Professions Code, the City of Vacaville may impose more stringent local controls or conditions upon gambling activities that are permitted under applicable state law.
D. It is a goal of the City Council to establish Vacaville as a unique and distinctive place, with a high quality of life in an attractive, secure environment for the City’s residents and businesses.
E. Businesses describing themselves as business centers and Internet cafes have opened across the state, which promote the sale of products and services by offering entries into a sweepstakes, the results of which may be revealed in several ways, including by playing games on the business’s computers. Patrons can select from multiple games, many of which have the appearance of casino-style games of chance, such as slot machines. Winning sweepstakes entries may be redeemed at the business for cash or cash equivalent payouts.
F. On January 1, 2015, Assembly Bill 1439 went into effect, which provided that businesses engaged in or offering a sweepstakes-like promotion revealed through an electronic video monitor to simulate gambling or play gambling-themed games in order to increase the sale of their products or services are engaged in an illegal activity.
G. Following the passage of Assembly Bill 1439, some businesses engaged in sweepstakes promotions changed the operation of their simulated gaming devices by adding a game of skill component prior to the award of any prizes under the gambling-themed sweepstakes games. This change is a thinly veiled attempt to evade Assembly Bill 1439 by invoking the “pinball exception” to illegal gambling pursuant to Section 330b(f) of the California Penal Code. Section 330b(f) provides that pinball and other amusement machines or devices which are predominantly games of skill do not constitute an illegal slot machine. The addition of a so-called “game of skill” component does not materially alter the nature of devices that offer sweepstakes promotions nor does it alleviate adverse secondary effects generated by such devices.
H. Businesses that utilize simulated gambling devices present unique challenges for local government. These businesses provide the allure of traditional gambling by offering gambling-based video games and cash prizes, whereas it is not always clear under state law whether a particular business is engaged in illegal gambling and/or unlawful promotional sweepstakes.
I. Many of the negative community impacts that might be expected from a business establishment that provides simulated gambling devices have manifested themselves in the City of Vacaville and neighboring cities, including a significant increase in police calls for service related to criminal activity such as theft, robbery, fighting, illegal drug activity, public intoxication, narcotics offenses, vandalism, property damage, burglary, robbery, loitering, trespassing, disturbing the peace, and other criminal activity. The increased demand for police resources to address these activities significantly reduces the Police Department’s ability to respond to other emergencies and to be proactive elsewhere within the City.
J. The City of Vacaville has received numerous complaints from community members and business establishments voicing concern over businesses which they perceive as “gambling houses” operating within the City.
K. The intent of the City Council in adopting this chapter is to protect public health, safety and welfare by prohibiting broadly the possession or use of simulated gambling devices, including any related activity or behavior which can be reasonably construed to be the use of simulated gambling devices. The City Council in prohibiting simulated gambling devices in no way intends to approve the use of actual slot machines, other forms of casino gambling or other types of gambling devices that may be regulated pursuant to state law. In addition, this prohibition is aimed directly at devices that simulate gambling activity, regardless of whether the devices or the simulations in and of themselves can be said to constitute gambling as that term may be defined elsewhere.
(Ord. 1889, Added, 08/25/2015)
9.32.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, unless the context shall indicate another meaning or intent. Whenever any reference is made herein to any local law or regulation or to any state or federal statute, regulation or other law, the reference includes any subsequent amendment or superseding provision.
“Person” shall mean 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.
“Simulated gambling device” shall mean any device that is available to play or operate a video 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 or potential payoff, whether such payoff is revealed before, during or after the commencement of the game. The following rules of construction apply to this definition of “simulated gambling device”:
1. The term “device” shall mean 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 terms “play or operate” or “play or operation” shall include the use of skill, the application of the element of chance, or both.
3. The term “video simulation” shall include simulations by means of a computer, computer system, video display, video system or any other form of electronic video presentation.
4. The term “game” shall include slot machines, poker, bingo, craps, keno, or any other type of game ordinarily played in a casino; any other game associated with gambling or which could be associated with gambling; and a game, whether or not casino-themed, involving the display of the results or the potential results of a raffle, sweepstakes, drawing, contest, lotto, game of skill, or other promotion. The term “game” does not necessarily imply gambling as that term may be defined elsewhere.
5. The term “payoff” shall mean cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or the equivalent of cash (including but not limited to gift cards, prepaid cards, credit, checks, etc.) in any amount, or to receive merchandise or anything of value whatsoever, whether made automatically from the device or manually.
6. The term “gambling” as used 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.
“Slot machine” shall have the same meaning as specified in Section 330b of the California Penal Code.
(Ord. 1889, Added, 08/25/2015)
9.32.030 Simulated gambling devices prohibited.
It is unlawful for any person to manage, supervise, maintain, provide, produce, possess or use one or more simulated gambling devices.
(Ord. 1889, Added, 08/25/2015)
9.32.040 Exemptions.
This chapter does not prohibit:
A. 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.
B. A business that caters to minors, including, but not limited to, traditional video arcades, and children or family amusement centers, provided such businesses do not offer cash payoffs.
C. Bingo games that are authorized pursuant to Title 5 of this code.
(Ord. 1889, Added, 08/25/2015)
9.32.050 Construction with state law.
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, California law, as applicable, controls.
(Ord. 1889, Added, 08/25/2015)
9.32.060 Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance.
(Ord. 1889, Added, 08/25/2015)
9.32.070 Civil injunction.
The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause for injunctive relief.
(Ord. 1889, Added, 08/25/2015)
9.32.080 Remedies cumulative – Each day a separate offense.
Any person subject to this chapter who personally, or through an agent, employee, independent contractor or other representative, violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person. All remedies provided herein shall be cumulative and not exclusive.
(Ord. 1889, Added, 08/25/2015)
9.32.090 Application.
A person’s management, supervision, maintenance, provision, production, possession or use of one or more simulated gambling devices prior to the effective date of this chapter shall not affect the application of this chapter to such activity after the effective date, regardless of whether that person was previously issued a permit or license by the City of Vacaville. This chapter is applied to such activity pursuant to the City of Vacaville’s inherent police power and is reasonably necessary for the protection of the public health, safety, and welfare.
(Ord. 1889, Added, 08/25/2015)