Chapter 5.25
SOCIAL GAMES
Sections:
5.25.010 Social games permitted.
5.25.030 License required for social games.
5.25.040 Application requirements.
5.25.060 License fee and renewal.
5.25.070 License not transferable.
5.25.080 Responsibility of licensee.
5.25.090 Texas hold’em tournament fee.
5.25.140 Nonprofit organizations.
5.25.010 Social games permitted.
Social games, as defined and authorized under ORS 167.117, other than lotteries, between players in a private business, in a private club, or in a 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 games, are hereby authorized. [Ord. 1161 § 1, 2006.]
5.25.020 Definitions.
“House” means the owner or owners of a business, private club, or place of public accommodation where one or more social games occur.
“Nonprofit organization” means any persons or entities organized and existing for charitable, benevolent, eleemosynary, humane, philanthropic, educational, civic, or other nonprofit purposes. The fact that an organization does not qualify for charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes, pursuant to the Internal Revenue Code of 1986, as amended, constitutes prima facie evidence that the organization is not a nonprofit organization.
“Player” means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom, other than personal gambling winnings, and without otherwise rendering any material assistance to the house, conduct or operation of the particular gambling activity. A person who gambles at a social game of chance on equal terms with the other participants is a person who does not otherwise render material assistance to the establishment, conduct, or operation thereof by performing, with or without fee remuneration, acts directed toward the arrangement or facilitation of the game, permitting the use of premises therefor and supplying cards or other equipment used therein.
“Residential establishments” includes retirement centers, nursing homes, or other residential dwellings or facilities.
“Social gaming organizer” means a person who organizes social games or Texas hold’em tournaments who is not the house and is not an employee, representative, agent, director, officer, shareholder, partner, or member of the house. [Ord. 1161 § 2, 2006.]
5.25.030 License required for social games.
A. A social gaming license shall not be required for social games conducted in residential establishments or by nonprofit organizations.
B. Except as provided in subsection (A) of this section, the house and the social gaming organizer, if any, shall each be required to obtain a social gaming license prior to organizing, conducting, or hosting social games. [Ord. 1161 § 3, 2006.]
5.25.040 Application requirements.
Before a social gaming license may be granted, an applicant must submit an application for a license to the city recorder and sign a written consent for an investigation to be made thereon. A completed application form must include the true names, dates of birth, Social Security numbers and addresses of all of the owner(s) of the house and, if the owner of the house is a corporation or limited liability company, all shareholders or members who own more than a 20 percent interest therein, all managers, directors, and partners or officers, as well as the local manager of the house. The same information shall be provided for any social gaming organizer. [Ord. 1161 § 4, 2006.]
5.25.050 Licenses granted.
The social gaming license shall be granted if:
A. The applicant has not:
1. Been previously convicted of a felony involving moral turpitude, including but not limited to fraud, forgery, theft, burglary, illegal drugs, and crimes against persons, such as robbery, sex offenses or assaults; or
2. Been convicted of five misdemeanors in the last five years; or one misdemeanor for any of the offenses identified in subsection (A)(1) of this section, if they were prosecuted or settled as a misdemeanor offense; or
3. Been convicted of or forfeited bail for any crime involving gambling;
B. The application for the license contains no false or misleading information; and
C. The applicant pays to the city the annual license fee provided in JCMC 5.25.060. [Ord. 1161 § 5, 2006.]
5.25.060 License fee and renewal.
The annual social gaming license fee shall be set by resolution and the license shall be renewed annually not later than July 1st of each year. [Ord. 1161 § 6, 2006.]
5.25.070 License not transferable.
No license shall be assigned or transferred. [Ord. 1161 § 7, 2006.]
5.25.080 Responsibility of 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. Social games are conducted consistent with the provisions of state and federal laws, city ordinances, and this section.
C. There shall not be a house bank, house odds, or house income from the operation of a social game.
D. Only players who gamble at a social game of chance on equal terms with the other participants shall be permitted to play.
E. All social games shall be open to public inspection during all hours of operation.
F. The playing of all social games shall be so arranged as to provide equal access and visibility to any interested party.
G. No person under the age of 18 years shall be permitted to participate in a social game.
H. No participant in a social game shall be charged a price for any consumer goods, which is higher or lower than the price charged nonparticipants.
I. The room or enclosure where the social games take place shall be open to free and immediate access by law enforcement officers at all times social games are being conducted. Doors leading into the room or enclosure shall remain unlocked during all hours of operation.
J. No tournament may charge a player a total buy-in fee greater than $50.00 in a 24-hour period. No other winnings or compensation to the players is permitted, other than the buy-in fee. [Ord. 1161 § 8, 2006.]
5.25.090 Texas hold’em tournament fee.
A social gaming organizer who organizes a Texas hold’em tournament and is a separate person or entity from the house may charge a fee of not to exceed $5.00 per player for each Texas hold’em tournament; provided, that no portion of such fee is paid directly or indirectly to the house. [Ord. 1161 § 9, 2006.]
5.25.100 License suspension.
A social gaming license may temporarily be suspended if the house or social gaming organizer licensee:
A. Is convicted of a disqualifying offense; or
B. Violates any provision of this chapter. [Ord. 1161 § 10, 2006.]
5.25.110 Appeals.
Appeals from the temporary suspension may be made by the license holder to the city council, if the notice of appeal is filed with the city recorder within 10 days of notice of temporary suspension. If no appeal is filed, the suspension shall remain in affect. A temporary suspension shall continue until it is either reversed or made permanent by the city council. [Ord. 1161 § 11, 2006.]
5.25.120 Revocation.
Permanent revocation may be made only by the city council, and such revocation shall take place at a city council meeting only after the licensee has been served notice at least 10 days prior to the meeting. Such notice shall include the time and date of the meeting, the grounds upon which the permanent revocation is sought, and it shall inform the licensee that the licensee shall have the right to appear at a public hearing, introduce evidence, be represented by legal counsel at licensee’s expense, and cross examine evidence against the licensee. Notice shall be deemed to have been received by the licensee if the city recorder mails such notice to the address listed by the licensee on his application for the license. [Ord. 1161 § 12, 2006.]
5.25.130 Penalties.
Violation of or failure to comply with any provision of this chapter is punishable, upon conviction, by a fine not to exceed $500.00, or imprisonment in jail not to exceed 180 days, or both such fine and imprisonment. Each game conducted in violation of this chapter shall constitute a separate violation. [Ord. 1161 § 13, 2006.]
5.25.140 Nonprofit organizations.
Nonprofit organizations, as defined in ORS 167.117(4)(d), may operate social games in accordance with all state statutes and are not required to obtain a social gaming license from the city. The regulation of nonprofit gaming for fundraising is the responsibility of the Department of Justice, and those organizations which desire to utilize bingo, raffle, and/or Monte Carlo gaming as fundraisers shall obtain a charitable gaming license from the Department of Justice. [Ord. 1161 § 14, 2006.]