Chapter 5.10
SOCIAL GAMES
Sections:
5.10.010 Social games allowed.
5.10.060 Social game regulations.
5.10.070 Revocation or suspension of license.
5.10.010 Social games allowed.
Pursuant to ORS 167.121, the city authorizes the playing or conducting of social games in a private business, private club or in a place of public accommodation. For purposes of this chapter, “social games” shall mean a game, other than a lottery, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the social game. “Player” shall have the meaning set forth in ORS 167.117. (Ord. 8-2010 § 1 (Exh. A); Ord. 13-1999 § 3; Ord. 6-1987 § 4.A. Formerly 5.20.010)
5.10.020 License required.
No person shall conduct or permit the playing of social games without having a license issued by the city. A license granted under this chapter is not transferable and is valid only at the premises described therein. All licenses are valid for one year from the first day of the month the license is granted unless revoked pursuant to the terms of this chapter. (Ord. 8-2010 § 1 (Exh. A); Ord. 13-1999 § 3; Ord. 6-1987 § 4.B. Formerly 5.20.020)
5.10.030 Application.
Application for a social games license shall be made annually to the city manager on the form provided by the city. (Ord. 8-2021 § 1; Ord. 8-2010 § 1 (Exh. A); Ord. 13-1999 § 3; Ord. 6-1987 § 4.C. Formerly 5.20.030)
5.10.040 License fees.
A nonrefundable annual fee established by council resolution shall accompany the application. (Ord. 8-2010 § 1 (Exh. A); Ord. 13-1999 § 3; Ord. 6-1987 § 4.D. Formerly 5.20.040)
5.10.050 License issuance.
A. The city manager will issue the license unless the city manager or designee finds that:
1. Within five years of the present application date, the applicant, the applicant’s officers or managers, or any person having a financial interest in the private business, private club, or place of public accommodation (a) has been convicted of any felony or misdemeanor under federal or state law or this code relating to theft, fraud, gambling, controlled substances, or prostitution activities; or (b) has had a social game license revoked pursuant to FMC 5.10.070; or
2. The applicant, the applicant’s officers or managers, or any person having a financial interest in the private business, private club, or place of public accommodation has falsified any statement in the license application; or
3. Any violation of federal or state law or this code relating to gambling has occurred on the premises described in the application. It shall be prima facie evidence of such violation if any person has forfeited bail on, pleaded nolo contendere to, or been convicted of any offense in violation of federal or state law or this code relating to gambling or gambling devices where the act charged occurred on the premises described in the license application; or
4. The applicant has permitted the commission of any criminal act on the premises described in the application or has failed to maintain the premises in conformance with all the requirements of this code; or
5. The applicant did not pay the license fee required in this chapter; or
6. The applicant did not submit a signed application that includes all required information or failed to provide other information related to the application as requested by the city manager.
B. If the city manager or designee finds that any of the grounds for denial set forth in subsection A of this section exist, the city manager will promptly inform the applicant in writing of the basis for the denial of the application.
C. There is no automatic renewal of a license issued under this chapter. A person seeking a license renewal must submit a new application each year. (Ord. 8-2021 § 1; Ord. 8-2010 § 1 (Exh. A))
5.10.060 Social game regulations.
A. A private business, private club or public place of accommodation with a valid social games license (“licensed business”) may only allow card games to be played.
B. While participating in social games, no more than 10 players may sit at each table at any one time.
C. Social games may only be played during legal liquor dispensing hours.
D. Licensees may not allow patrons to engage in disorderly conduct.
E. A licensed business shall be open to police inspection during all hours of operation. Licenses shall be available for inspection during all hours of operation.
F. No person under the age of 21 shall be allowed to participate in any social game or to enter or remain upon such licensed premises.
G. Each licensee shall assign a person whose duty shall be to supervise the games and see to it that they are played strictly in accordance with this chapter, other applicable city ordinances and regulations and Oregon law. The licensed business shall be vicariously liable for any conduct of any employee in regard to any gambling activity or social game conducted in or upon the licensed premises. (Ord. 8-2017 § 1 (Exh. A); Ord. 8-2010 § 1 (Exh. A))
5.10.070 Revocation or suspension of license.
A. The city manager may revoke or temporarily suspend for 30 days a social games license when the city manager or designee finds:
1. Any information that would be grounds for denial of a license application; or
2. That conducting of social games in the location authorized by the license causes disorderly or violent acts, litter, noise, vandalism, vehicular or pedestrian traffic congestion, or other similar problems in the area around the licensed premises.
B. Revocation or suspension becomes effective 10 days after the city manager or designee makes reasonable attempts to notify the licensee in writing of the grounds for revocation or suspension. If the licensee gives notice of appeal to the city manager prior to the effective date of the revocation or suspension, revocation or suspension shall not become effective until the appeal is finally determined pursuant to FMC 5.10.080. If the licensee cannot be found after a reasonable effort to locate him or her has been made, then such notice may be sent by certified mail to the license address, or posted at the same, and shall be deemed actual notice to the licensee.
C. On a case-by-case basis, depending upon the severity of the violation and the likelihood of continued unlawful activity on such premises, in lieu of suspending or revoking a license or to reduce the penalty period involved, with the concurrence of the licensee, the city manager may order a civil penalty of up to $500.00 per violation of this code. Failure to pay the civil penalty within 30 days shall be grounds for revocation or suspension of the social games license. (Ord. 8-2021 § 1; Ord. 8-2010 § 1 (Exh. A))
5.10.080 Appeal.
The sole method of appeal of a denial, revocation or suspension of a social games license shall be as follows:
A. The applicant may appeal to the city council by filing a written appeal with the city manager within 10 days of receipt of the notice of denial, revocation or suspension. Upon receipt of a timely appeal, the city manager will schedule an appeal hearing before the city council. The hearing will be set no less than 10 days after the timely appeal is filed. The city council may take such action(s) as it deems appropriate concerning the appeal, consistent with this chapter. (Ord. 8-2021 § 1; Ord. 8-2010 § 1 (Exh. A))
5.10.090 Penalties.
A. Any person who violates this chapter or fails to comply with any of its requirements is subject to a civil penalty of not more than $500.00 for each violation. Each day or portion of a day such violation continues is deemed a separate violation.
B. If any person is found to have violated any of the provisions of this chapter, such finding shall not operate to relieve such person from paying any fee or penalty on any fee for which such person is liable, nor shall the payment of any such fee be a bar to, or prevent, any action in a court of competent jurisdiction, including the municipal court, for the violation of any of the provisions of this chapter.
C. In the event the city maintains an action in a court of competent jurisdiction, including the municipal court, to compel compliance with or restrain the violation of the provisions of this chapter, the city shall be entitled to the award of its reasonable attorney fees and any administrative costs associated with the enforcement of this chapter relative to the particular violation. (Ord. 8-2010 § 1 (Exh. A))