Chapter 5.45
SOCIAL GAMING
Sections:
5.45.010 Purpose – Short title.
5.45.030 Social games authorized – License required.
5.45.040 Social game license application – Fee.
5.45.050 Standards for license issuance – Denial.
5.45.060 License term – Renewal.
5.45.070 License not transferable.
5.45.080 Operation regulations – Responsibilities of licensee.
5.45.090 Voluntary charitable donations.
5.45.100 License suspension and revocation – Penalties – Appeals.
5.45.110 Bingo not prohibited.
5.45.010 Purpose – Short title.
The purpose of this chapter is to authorize the playing and conducting of social games in private businesses, private clubs, and/or places of public accommodation within city, and impose a license requirement for playing and conducting such social games. This chapter will be referred to as the “social gaming ordinance.” [Ord. 477 § 2, 2017].
5.45.020 Definitions.
Unless specifically stated otherwise herein, all terms contained within this chapter that are defined in ORS 167.117 have the meaning assigned to them in ORS 167.117.
Notwithstanding the foregoing, unless the context requires otherwise, when used in this chapter the following terms and phrases have the meanings assigned to them below:
“Council” means the Sisters city council.
“Facility” means a private business, private club, and/or place of public accommodation in city.
“House bank” refers to the operation of a social game where the organization employs a person to supervise a single social game for the purpose of securing a portion of any monetary gain contributed directly by the individual players to that single game.
“House income” means any monetary net gain or advantage received by the house directly from the actual play of a social game.
“House odds” means the operation of a social game where the probabilities of success of the single social game exist in favor of the operation.
“House player” means a principal or employee who participates on behalf of an organization for purposes of altering the normal probability associated with social gaming.
“License” means the permission granted by city under this chapter to a licensee authorizing the licensee to conduct and play social games on the premises of a facility.
“Manager” means city’s city manager or his or her designee.
“Person” means an individual, partnership, limited partnership, limited liability company, corporation, association, or any agent or representative thereof.
“Social game(s)” means a game involving the playing of cards only, which does not include lotteries, 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. “Social game” will not include bingo which is defined under ORS 167.117(1) and OAR 137-025-0020(2). [Ord. 477 § 3, 2017].
5.45.030 Social games authorized – License required.
Any person who owns, manages, and/or operates a facility may permit social games to be conducted on the premises of such facility provided such person acquires and maintains a license as provided in this chapter. Licenses will be granted only upon application to city and upon approval by the manager. [Ord. 477 § 4, 2017].
5.45.040 Social game license application – Fee.
Application forms for social gaming licenses will be available at Sisters City Hall. At the time of submission of an initial license application, the applicant must pay a nonrefundable license fee in the amount of $100.00. The license fee amount may be modified from time to time by council resolution. The license application documents may be included as part of city’s business license application materials and must contain, at minimum, the following: (1) the location of the subject facility; (2) the true name, date of birth, social security number, and address of each person who (a) owns, manages, and/or operates the subject facility, (b) owns or leases the building in which the subject facility is located, and/or (c) sponsors and/or promotes social games within the subject facility; and (3) written consent of the person(s) who own(s), manage(s), and/or operate(s) the subject facility to authorize city to investigate the subject facility with respect to the conduct of social games from time to time during reasonable hours. [Ord. 477 § 5, 2017].
5.45.050 Standards for license issuance – Denial.
Within 14 calendar days after receipt of a completed license application and an investigation of the subject facility, the manager will (1) issue a license to the applicant, or (2) provide written notice to the applicant that the license has been denied and specifying the reason(s) for such denial. The manager may deny a license for reasons, including, without limitation, the following: (1) the manager determines that the applicant provided false and/or misleading information in its application or omitted any information requested in the application; (2) the applicant pleaded no contest to or has been convicted of any felony during the 10-year period immediately preceding the date on which the application was received by the manager; (3) the applicant had a valid Oregon Liquor Control Commission license which was revoked or suspended for any reason within the five-year period immediately preceding the date on which the application was received by the manager; (4) the applicant was convicted of any crime involving or related to gambling and is on parole for such crime at the time the application is received by the manager; and/or (5) the applicant has had two or more convictions for gambling-related activities within the five-year period immediately preceding the date on which the application was received by the manager. [Ord. 477 § 6, 2017].
5.45.060 License term – Renewal.
The license term will be for one calendar year, beginning July 1st and ending June 31st. A license terminates automatically on June 30th of each year unless a license renewal application is approved by the manager. A license renewal application will be made on a form to be provided by city and must be submitted to city not less than 30 days prior to the expiration of the license. At the time of submission of a license renewal application, the licensee must pay a license renewal fee. The renewal fee amount may be set from time to time by council resolution. No portion of the initial or renewal fee is refundable if a license is denied or operation of the facility is discontinued for any reason, including, without limitation, suspension or revocation of the license. [Ord. 477 § 7, 2017].
5.45.070 License not transferable.
No license may be assigned or transferred; any attempt to do so will void the license. For purposes of this section, assignment will include, without limitation, a transfer of shares or other ownership interests of the person owning the subject facility that results in a change in the person owning more than 50 percent of the shares or other ownership interests of the person owning the subject facility, regardless of whether the transfer occurs voluntarily or involuntarily, by operation of law, or because of any act or occurrence. [Ord. 477 § 8, 2017].
5.45.080 Operation regulations – Responsibilities of licensee.
(1) Operation Regulations. Except as otherwise expressly provided under this chapter, each licensee must comply with the following operating regulations, in addition to all other applicable federal, state, and local laws, regulations, and/or ordinances:
(a) The owner of a facility where social games are played must possess a valid license issued in accordance with this chapter.
(b) House players, house banks, and house odds are prohibited during a social game. House income from the operation of a social game is prohibited.
(c) A facility may not charge (i) an entrance or access fee of any kind, including, without limitation, a cover charge or door fee, on days when social games are being played in the business, and/or (ii) a membership fee or cover fee to participate in a social game.
(d) Social games may not be conducted and/or played in a location that is observable from a public right-of-way.
(e) Persons under 21 years of age are prohibited from participating in social games and are not permitted in any room or enclosure while a social game is conducted.
(f) Each social game must be conducted with a facility owner or principal managing employee physically present.
(g) Any charge for consumer goods sold on the facility’s premises to an individual playing a social game must equal the price charged to a nonparticipant in the social game.
(2) Responsibilities of Licensee. Each licensee will (a) prohibit all forms of unlawful gambling within the licensee’s facility, (b) ensure that social games are conducted in a manner consistent with the provisions of this chapter and all applicable federal, state, and local laws, regulations, and/or ordinances, (c) ensure that all social games are conducted openly within licensee’s facility such that the social games may be freely and immediately accessed by law enforcement officers and/or city representatives, (d) ensure that all social games are arranged within licensee’s facility so as to provide equal access and visibility to all interested parties, (e) ensure that this chapter, the license, and the rules of the social game are displayed at all times within the subject facility in a conspicuous location near the area in which the social game is conducted, and (f) prohibit social games between the hours of 2:00 a.m. and 10:00 a.m. (Pacific Time). [Ord. 477 § 9, 2017].
5.45.090 Voluntary charitable donations.
Nothing contained in this chapter prohibits a licensee from accepting donations of canned or other nonperishable food items from a social game participant for the use or benefit of a designated beneficiary (other than the licensee) in conjunction with the participant’s participation in a social game. All donated items must be promptly distributed by the licensee to the designated beneficiary. A licensee may not retain any portion of such donated items or otherwise receive any gain or benefit therefrom. Notwithstanding anything contained in this chapter to the contrary, a licensee may not require social game participants to make donations or otherwise charge an entry or other fee as a condition to participation in a social game. [Ord. 477 § 10, 2017].
5.45.100 License suspension and revocation – Penalties – Appeals.
(1) Grounds for Suspension and/or Revocation. The manager may suspend or revoke a license for failure to comply with this chapter, for submitting falsified information to city, and/or for noncompliance with any other city ordinances or regulations and/or violations of federal, state, and/or local laws, regulations, and/or ordinances.
(2) Notice of Revocation or Suspension. The manager must provide to the licensee written notice of any license suspension or revocation and reasons therefor by first-class U.S. mail at least 10 calendar days prior to the effective date of the revocation or suspension. All social games conducted at the subject facility must cease within 14 calendar days after receipt of the manager’s notice.
(3) Appeal. A decision to deny, suspend, or revoke a license may be appealed by delivering personally a written notice of appeal to the manager within 14 days after receipt by the licensee of the notice of denial, suspension, or revocation. Unless the manager has declared that imminent danger to the public will exist, the manager’s decision to revoke or suspend is stayed pending appeal. The manager will transmit the notice of appeal together with the file of the appealed matter to the council after which transmission council will fix a time and place for hearing the appeal. The council will give the appellant not less than 10 days’ prior written notice of the time and place of hearing of the appealed matter.
(4) Violations – Infractions. Violation of or failure to comply with any provision of this chapter is punishable upon conviction by a fine not to exceed $500.00. City will be entitled to collect from any licensee, affiliate, agent, or other representative thereof who violates any provision of this chapter city’s reasonable attorney fees and other fees, costs, and expenses incurred by city to enforce this chapter. Each day in violation constitutes a separate offense.
(5) Remedies Not Exclusive. The remedies provided in this section are not exclusive and will not prevent city from exercising any other rights and/or remedies available under law, nor will provisions of this chapter prohibit or restrict city or other appropriate prosecutor from pursuing criminal charges under state law and/or city ordinances. [Ord. 477 § 11, 2017].
5.45.110 Bingo not prohibited.
The game of bingo is not (1) prohibited within city or (2) regulated by this chapter or any other city ordinance. Pursuant to ORS 464.420, bingo is subject to regulation only as provided under Oregon law. [Ord. 477 § 12, 2017].