Chapter 9.24
SOCIAL GAMBLING
Sections:
9.24.030 Bingo, lotto, raffles, and Monte Carlo events.
9.24.010 Definitions.
A. The definitions contained in ORS 167.117 as constituted on October 23, 2013, are, by this reference, adopted in full and made a part of this chapter and code.
B. In addition to the definitions in the Oregon Revised Statutes adopted above:
“Premises,” for purposes of LCMC 9.24.020, means the parcel and building housing a charitable, fraternal or religious organization. Where more than one use is included within any building and single parcel involving a charitable, fraternal or religious organization, no portion of the building or parcel may include a use involving a for-profit enterprise. The entire building and parcel must be operated by a nonprofit, tax-exempt charitable, fraternal or religious organization. (Ord. 2013-12 § 1; Ord. 93-10 § 1; Ord. 87-12 § 1)
9.24.020 Social games.
A. The playing and conducting of social games within a private home or the premises of a charitable, fraternal or religious organization, organized primarily for purposes other than the conducting of social games, is authorized within the city where no house player, house bank or house odds exist, and there is no house income from the operation of a social game.
B. Charitable, fraternal or religious organizations, organized primarily for purposes other than the conducting of social games, may only conduct the playing of social games after receipt of a valid permit issued by the city.
C. To demonstrate that the charitable, fraternal or religious organization is organized primarily for purposes other than the conducting of social games, and therefore be eligible to make application for a permit, the charitable, fraternal or religious organization must be exempt from the payment of federal income taxes and have held that exempt status for at least one year preceding the application for a permit. Furthermore, the organization must be open and operating from premises within the city for a one-year period of time prior to making application for a social games permit.
D. Application for such permit shall be made annually to the city recorder upon such form as the city shall provide. A nonrefundable annual application fee of $200.00 shall be submitted with the completed application for a city permit. The applicant shall also be responsible for the full cost of all criminal background investigation (e.g., fingerprinting) necessary to process the request for a social games permit. The council may by resolution specify a different application fee for such permit.
E. Upon presentation of a complete application and supporting information together with a valid receipt from the finance director’s office evidencing payment of the fee referred to in subsection (D) of this section, the application shall be referred to the police department for background investigation and review. At a minimum, the investigation shall include fingerprinting, identification and an investigation of the criminal history, if any, of the applicant(s), including, but not limited to, all current officers of the organization or entity applying for a social games permit. The police chief may issue a social games permit if the background investigation is favorable.
F. Any organization whose application is denied may appeal the denial. Appeals must be made in accordance with the uniform administrative appeals process (Chapter 1.26 LCMC).
G. A social games permit may be suspended or revoked when it appears to the city council that the permittee, its officers, employees or agents have violated this chapter or the provisions of state law, including ORS Chapter 167, as they relate to gambling or have provided false information either on their application or to the chief of police in the conduct of his investigation. (Ord. 2013-12 § 2; Ord. 93-10 § 2; Ord. 87-12 § 2)
9.24.030 Bingo, lotto, raffles, and Monte Carlo events.
The playing and conducting of bingo, lotto, raffles, and Monte Carlo events by charitable, fraternal or religious organizations is authorized within the city, provided the organization has complied with the provisions of the Oregon Revised Statutes relating to the operation of bingo, lotto, raffle games, and Monte Carlo events conducted by charitable, fraternal or religious organizations. (Ord. 2013-12 § 3; Ord. 93-10 § 3; Ord. 87-12 § 3)
9.24.040 Violation – Penalty.
A. Conducting social games without the city permit required by LCMC 9.24.020, or in violation of any provision of this chapter or condition of such permit, is unlawful and a Class B violation.
B. Conducting bingo, lotto, raffle games or Monte Carlo events in the city without the required state license or in violation of any state license, regulation, or condition is unlawful and a Class B violation.
C. Knowingly participating in a social game that is operating without the required city permit is a Class B violation.
D. Conducting a bingo, lotto, raffle or Monte Carlo event without complying with state regulations and license requirements constitutes gambling and may be punished as provided by state law. All of the above city penalties are in addition to and not in lieu of applicable penalties provided by Oregon Revised Statutes.
E. Oregon Revised Statutes provide for the following penalties for unauthorized gambling:
1. A person commits the crime of unlawful gambling in the first degree if the person knowingly promotes or profits from unlawful gambling. Under ORS 167.127, unlawful gambling in the first degree is a Class C felony.
2. A person commits the crime of unlawful gambling in the second degree if the person knowingly places a bet with a bookmaker, or participates or engages in unlawful gambling as a player. Under ORS 167.122, unlawful gambling in the second degree is a Class A misdemeanor. (Ord. 2015-10 §§ 5, 6; Ord. 2013-12 § 4; Ord. 93-10 § 4; Ord. 87-12 § 4)