Chapter 5.30
SOCIAL GAMES
Sections:
5.30.020 Social games – Authorization and conditions.
5.30.030 Responsibilities of owner and person in charge.
5.30.040 Inspection of social games premises.
5.30.050 Notice of social games required.
5.30.010 Definitions.
As used in this chapter:
“Social game” means 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.
“Chief of police” or “chief” means the chief of the city police department or his or her designee. (Ord. 12-01 § 1 (Exh. A), 2012)
5.30.020 Social games – Authorization and conditions.
Social games as defined in SMC 5.30.010 are authorized only when each of the following conditions is met:
A. No house player, house bank, or house odds exist;
B. There is no house income from the operation of a social game;
C. The social game cannot be observed from a public right-of-way;
D. The room or enclosure where the social game takes place is open to free and immediate access by any police officer. Doors leading into the social game room must remain unlocked during all hours of operation;
E. No owner or principal managing employee, as described in more detail below, shall participate in any social game on the premises;
F. A charge for a consumer good sold on the premises to an individual playing a social game must not be higher or lower than the price charged to a nonparticipant in the social game;
G. No owner or principal managing employee may accept any payment, fee, service or gratuity from a social game participant as consideration for participation in the social game on the premises;
H. No owner or principal managing employee may charge a rental or lease fee for the use of the social game;
I. At no point in time may a social game be conducted without an owner or principal managing employee present;
J. No membership fee or cover fee may be charged for participation in the social game; and
K. All social gaming activities and the business where social gaming is permitted must comply with applicable federal, state and local laws and regulations. (Ord. 12-01 § 1 (Exh. A), 2012)
5.30.030 Responsibilities of owner and person in charge.
An owner or person in charge of a business where social gaming is permitted shall:
A. Clearly designate the areas set aside for social gaming.
B. Designate an agent or employee to act as person in charge of a social gaming premises whenever social games are being played. An owner shall be strictly liable for any violation of this chapter which occurs when no person in charge is present at the social gaming premises.
C. Be strictly liable for any violation of the provisions of this chapter by a person in charge, agent, and employee or designate.
D. Not allow social gaming activities on the premises unless the private business, private club or place of public accommodation meets all applicable requirements of the SMC and has been legally established and in existence for at least six months. (Ord. 12-01 § 1 (Exh. A), 2012)
5.30.040 Inspection of social games premises.
All persons who authorize social games on premises owned or managed pursuant to this chapter shall permit entry to premises to any member of the police department, upon presentation of official identification, for the limited purpose of inspecting the premises and any activities, records, or devices involved in such games to ensure compliance with this chapter. (Ord. 12-01 § 1 (Exh. A), 2012)
5.30.050 Notice of social games required.
Where social games are conducted, each owner or person in charge of the premises shall continuously and conspicuously post notice that is clearly readable and in letters at least one inch high that such games must be conducted in accordance with the conditions set forth in SMC 5.30.020, which shall be listed in their entirety. (Ord. 12-01 § 1 (Exh. A), 2012)
5.30.060 Civil penalties.
The chief may assess civil penalties for any violation of the provisions of this chapter in an amount of $1,000 per violation. Each day shall constitute a separate violation for purposes of this section. (Ord. 12-01 § 1 (Exh. A), 2012)