Chapter 5.10
SOCIAL GAMING
Sections:
5.10.010 Social games permitted.
5.10.030 License required for social games.
5.10.040 Application for license and investigation.
5.10.070 Standards for issuance of license.
5.10.080 License not transferable.
5.10.090 Responsibilities of licensee.
5.10.110 Revocation of license.
5.10.120 Suspension of license.
5.10.010 Social games permitted.
Social games, other than a lottery, between players in a private business, private club or in a place of public accommodation where no house player, house bank or house odds exist and there is no house take (meaning no house income from the operation of the social game), are hereby permitted as provided herein. [Ord. 748 § 1, 2006].
5.10.020 Definitions.
Unless the context requires otherwise, all terms set forth in this chapter shall have the same meaning as set forth in ORS 167.117. [Ord. 748 § 2, 2006].
5.10.030 License required for social games.
Any person(s), business, private club, nonprofit organization or place of public accommodation desiring to permit members, patrons or invitees to engage in any social game within the city of Myrtle Creek shall acquire and maintain a valid license from the city. Licenses shall be granted only upon application to the city and upon approval by the city administrator. [Ord. 748 § 3, 2006].
5.10.040 Application for license and investigation.
Before a license for social gaming may be granted by the city administrator, an applicant must submit an application for a license to the city administrator with the following information and allow an investigation to be made thereon. A completed application form must include the true names, dates of birth, and addresses of all persons financially interested in the business and all persons who are on the board of directors of or hold offices in the entity or organization. The term “persons financially interested in the business” shall include all persons who share in the profits of the business where the social gaming activity is located, on the basis of gross or net revenue, including landlords, lessors, lessees, and the owners of the building, fixtures or equipment used in the social game. The application shall also include all names, dates of birth, and addresses of any tournament sponsors if different from persons financially interested in the business. [Ord. 748 § 4, 2006].
5.10.050 Application renewal.
The grantee of a social gaming license must notify the city administrator within 10 days of any change in persons financially interested in the business or in the names of any persons who are either on the board of directors of or hold offices in the entity or organization and request a renewal of its license. At the time of such request, the applicant shall submit the information required by MCMC 5.10.040. [Ord. 748 § 5, 2006].
5.10.060 License fee.
For each business or other entity or organization licensed, a $100.00 fee shall be required upon each application for issuance of a license and each license renewal. The city council may modify this fee at any time. [Ord. 748 § 6, 2006].
5.10.070 Standards for issuance of license.
The city administrator 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 temporarily revoked or suspended, if any applicant or any person(s) financially interested in the business, entity or organization have:
(1) Supplied any false or misleading information in the application or omitted any requested information from the application;
(2) Pleaded no contest to or been convicted of any felony within the last 10 years;
(3) 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;
(4) Been convicted and is currently on parole for any crime involving or related to gambling;
(5) Had two or more convictions within five years for gambling-related activities; or
(6) Violated any provision of this chapter. [Ord. 748 § 7, 2006].
5.10.080 License not transferable.
No license shall be assigned or transferred; any such attempt shall void the license. [Ord. 748 § 8, 2006].
5.10.090 Responsibilities of licensee.
It shall be the responsibility of the licensee to ensure that:
(1) No form of unlawful gambling is permitted upon the licensed premises.
(2) Social games are conducted consistent with the provisions of state law, city ordinances and this section.
(3) There shall be no house player, house bank or house odds, and there shall be no house income from the operation of the social game.
(4) There are no off-premises signs advertising gambling, card playing, or social games.
(5) No person under the age of 18 years shall be permitted to participate in a social game.
(6) No charge shall be collected from a player for the privilege of participating in a game.
(7) 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.
(8) The rules for the social games and the social gaming licenses are posted in a conspicuous place near the area where the games are being played.
(9) The room or enclosure where the social games take place is open to free and immediate access by law enforcement officers. Doors leading into the room or enclosure remain unlocked during all hours of operation.
(10) No social game is conducted between the hours of 2:00 a.m. and 10:00 a.m. [Ord. 748 § 9, 2006].
5.10.100 Terms of license.
All licenses issued hereunder shall be for a period of up to one year and shall be renewed on the first business day of January of each year. Licenses are nontransferable and must be reapplied for at least 30 days prior to the renewal date each year accompanied by the appropriate fee. All persons securing a license after the first business day of January each year shall be required to pay the total annual fee of $100.00. All renewals shall be approved by the city administrator. [Ord. 748 § 10, 2006].
5.10.110 Revocation of license.
A license is subject to revocation at any time for violation of this chapter or any of the provisions of state law related to gambling. If at any time facts arise or become known to the city administrator which are sufficient to show violation of this chapter or state law, the city administrator shall notify the licensee in writing that the license is to be revoked and that all social gaming activities must cease within 15 days. The violations need not lead to a conviction, but must establish a reasonable doubt about the licensee’s ability to perform the licensed activity without danger to property or public health or safety. The notice of revocation shall state the reason for the revocation, set a period of no less than 30 days before social gaming activities can recommence and inform the licensee of the procedures for filing an appeal. [Ord. 748 § 11, 2006].
5.10.120 Suspension of license.
Upon determining that a licensed activity presents an immediate danger to persons or property, the city administrator may suspend the license for the activity. The suspension shall take effect immediately on notice being received by the licensee, or being delivered to the licensee’s business address as stated on the licensee’s application for the license that is being suspended. The notice shall be mailed to the licensee and state the reason for the suspension and inform the licensee of the procedures for filing an appeal. The city administrator may continue the suspension for as long as the reason for the suspension exists or until a decision by the appellate authority on an appeal regarding the suspension concludes the matter. [Ord. 748 § 12, 2006].
5.10.130 Penalties.
In addition to the suspension or revocation of any license hereunder, any licensee, firm, corporation, association or person(s) associated with the licensee who violates any provision of this chapter may, upon conviction, be fined in the amount not to exceed $500.00 for each violation. Each day that a violation is permitted to occur is considered a separate violation. [Ord. 748 § 13, 2006].