Chapter 5.20
SOCIAL GAMES
Sections:
5.20.030 License required for Texas Hold’em.
5.20.040 Application for license.
5.20.050 Standards for issuance of license.
5.20.070 Responsibility of the licensee.
5.20.090 Subsequent revocation.
5.20.010 Definitions.
A. The definitions set out in ORS 167.117 are hereby adopted by reference.
B. “Texas Hold’em” shall mean any form of the card game commonly referred to as Texas Hold’em, which is currently enjoying widespread popularity in the United States.
C. “City” means city of Creswell. [Ord. 425 § 1, 2005].
5.20.020 Authorization.
The social game known as Texas Hold’em shall be permitted in the city of Creswell as permitted by this chapter. [Ord. 425 § 2, 2005].
5.20.030 License required for Texas Hold’em.
Any person(s), business, private club, or place of public accommodation desiring to permit patrons or invitees to engage in Texas Hold’em in the city of Creswell shall have a valid license from the city. Licenses shall be granted only upon application to the city and upon approval of the city council. The license fee shall be established by the city council by resolution. [Ord. 425 § 3, 2005].
5.20.040 Application for license.
Application for the initial license shall be made on blank forms provided by the city. [Ord. 425 § 4, 2005].
5.20.050 Standards for issuance of license.
The city council shall either approve the application and grant the license applied for or deny the application and refuse to grant the license. The license shall not be granted, or it shall be revoked, if any applicant or any person who has interest in the business or who owns or controls gambling equipment and apparatus has done the following:
A. Supplied any false or misleading information in the application or omitted any requested information from the application.
B. Has pleaded no contest to or been convicted of any felony within three years.
C. Had a license in his/her name which was revoked or suspended three times by the Oregon Liquor Control Commission, either of which was in the last five years.
D. Been convicted and is currently on parole for any crime involving or related to gambling.
E. Had two or more convictions within the past five years for gambling-related activities which demonstrate undesirable traits and behavior. [Ord. 425 § 5, 2005].
5.20.060 Term of license.
All licenses issued hereunder shall be for a period of one year and shall be renewed July 1st of each year. Licenses are nontransferable and must be reapplied for at least 30 days prior to the expiration of the license. All licenses issued after January 1st of any year shall require a fee of one-half the normal fee. All renewal licenses shall be approved by the city manager. [Ord. 519 § 3, 2018; Ord. 425 § 6, 2005].
5.20.070 Responsibility of the licensee.
It shall be the responsibility of the licensee to ensure that:
A. No form of unlawful gambling is permitted upon the licensed premises.
B. All games of Texas Hold’em are open to public inspection during all hours of operation.
C. There are no off-premises signs advertising gambling, card playing, social games, or Texas Hold’em.
D. The playing of Texas Hold’em games shall be arranged so as to provide equal access and visibility to any interested party.
E. No person under the age of 21 years is permitted to participate in a game of Texas Hold’em.
F. No charge is collected from any player for the privilege of participating.
G. No participant in a game of Texas Hold’em shall be charged a price for any consumer goods which is higher or lower than the price charged nonparticipants.
H. All games of Texas Hold’em shall be played with cash or with chips. The value of the chips shall be shown on a chart which is clearly visible to all players or the chips shall be clearly marked to show their value.
I. Texas Hold’em game licenses shall be posted in a conspicuous place near the table where the game is being played.
J. The room or enclosure where the game of Texas Hold’em is held shall be open to free and immediate access by the city of Creswell police department authorized personnel. Doors leading into the room or enclosure shall remain unlocked during all hours of operation.
K. Texas Hold’em shall not be played between the hours of 2:00 a.m. and 10:00 a.m. [Ord. 425 § 7, 2005].
5.20.080 Bet limits.
The city council shall set bet limits on Texas Hold’em in an appropriate resolution of the city council. [Ord. 425 § 8, 2005].
5.20.090 Subsequent revocation.
A license is subject to revocation at any time for violation of this chapter or any of the provisions of the Oregon Revised Statutes relating to gambling. If at any time facts arise or become known to the city council which are sufficient to show violation of this chapter or the Oregon Revised Statutes, the city council shall notify the licensee through the city manager of such facts and forthwith revoke the license. Any license so revoked shall not be returned, unless the licensee applies to the city council in writing for return of the license within 15 days of the date of revocation. In such case, the city council shall hear the objection to the revocation at its first regular session following the filing of the objection. The city council decision in connection with the revocation shall be final. [Ord. 519 § 3, 2018; Ord. 425 § 9, 2005].
5.20.100 Penalties.
In addition to the suspension or revocation of any license hereunder, any licensee, firm, corporation, or person(s) associated with the licensee who violates any provision of this chapter may, upon conviction, be fined in an amount not to exceed $300.00 for each violation. Each day that a violation is permitted to occur is considered a separate violation. [Ord. 425 § 10, 2005].