Chapter 9.40
GAMBLING
Sections:
9.40.030 Possession of gambling device or record unlawful.
9.40.040 Confiscation of gambling devices, records and proceeds.
9.40.050 Transmission or receipt of gambling information prohibited.
9.40.060 Maintaining a gambling premise prohibited.
9.40.010 Definitions.
The following definitions shall have the meanings ascribed to them in this section:
“Gain” means the direct realization of winnings.
“Gambling” means risking any money, credit, deposit, or other thing of value for gain contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:
1. Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries;
2. Bona fide business transactions which are valid under the law of contracts;
3. Other acts or transactions now or hereafter expressly authorized by law;
4. Any game, wager, or transaction which is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling.
“Gambling device” means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine.
“Gambling information” means a communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling. In the application of this definition the following shall be presumed to be intended for use in professional gambling: information as to wagers, betting odds, or changes in betting odds. Legitimate news reporting of an event for public dissemination is not gambling information within the meaning of this chapter.
“Gambling premise” means any building, room, enclosure, vehicle, vessel or other place, whether open or enclosed, used or intended to be used for professional gambling. In the application of this definition, any place where a gambling device is found shall be presumed to be in to be used for professional gambling.
“Gambling proceeds” means all money or other things of value at stake or displayed in or in connection with professional gambling.
“Gambling record” means any record, receipt, ticket, certificate, token, slip, or notation given, made, used, or intended to be used in connection with professional gambling.
“Professional gambling” means:
1. Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or
2. Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one or more of the other participants.
“Profit” means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management, or unequal advantage in a series of transactions. (Prior code § 10-36)
9.40.020 Gambling prohibited.
A. It is unlawful for any person to engage in gambling as defined in this chapter.
B. It is unlawful for any person to engage in professional gambling as defined in this chapter. (Prior code § 10-37)
9.40.030 Possession of gambling device or record unlawful.
It is unlawful for any person to possess a gambling device or record. A person who owns, manufactures, sells, transports, possesses, or engages in any transaction designed to affect the ownership, custody, or use of a gambling device or gambling record, knowing that it is to be used in professional gambling, commits possession of a gambling device or record. (Prior code § 10-39)
9.40.040 Confiscation of gambling devices, records and proceeds.
All gambling devices, gambling records, and gambling proceeds are subject to seizure by any member of the Police Department and may be confiscated and destroyed by order of a court acquiring jurisdiction. Gambling proceeds shall be forfeited to the state and shall be transmitted by court order to the general fund of the state. (Prior code § 10-38)
9.40.050 Transmission or receipt of gambling information prohibited.
A. It is unlawful for any person to knowingly transmit or receive gambling information by telephone, telegraph, radio, semaphore or other means, or knowingly install or maintain equipment for the transmission or receipt of gambling information.
B. Facilities and equipment furnished by a public utility in the regular course of business, and which remain the property of such utility while so furnished, shall not be seized except in connection with an alleged violation of this section by such public utility, and shall be forfeited only upon conviction of such public utility therefor. (Prior code § 10-40)
9.40.060 Maintaining a gambling premise prohibited.
It is unlawful for any person, as owner, lessee, agent, employee, operator or occupant to knowingly maintain or aid or permit the maintaining of a gambling premise. All gambling premises are common nuisances which shall be subject to abatement as provided by law. (Prior code § 10-41)