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4121FOLLOWS: ORDINANCE NO. 4121 AN ORDINANCE OF THE CITY OF ANAHEIM AMEND- ING CHAPTER 7.20 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO GAMBLING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SFCTTnN 1_ That Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.20.010 ILLEGAL CARD AND DICE GAMES. Every person, firm, corporation or association who, for profit, or for anything of value or for commercial purposes of any nature, keeps, oper- ates, conducts or maintains, either directly or in- directly, within the City of Anaheim, any house, room, apartment, dwelling place, building, premises or other place where any game, gambling or gaming not mentioned or included in Section 330 or 330a of the Penal Code of the State of California is played, conducted, dealt or carried on whether with cards, dice, or any other device of whatsoever nature, for money, checks, credit, merchandise or other representative of value shall be guilty of a misdemeanor. Every person, firm, corporation or association, either as owner, lessor, lessee, princi- pal, agent, employee or participant or otherwise, who maintains or keeps or operates or conducts directly or indirectly in whole or in part, or who directly or indirectly is in possession in whole or in part of any house, room, apartment, dwelling place, building, premises, or other place upon or in which any gambling, games or gaming prohibited in this section are played, conducted, dealt or carried on, and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such games, gambling or gaming, or who directly or indirectly gains or receives anything of value or any financial profit from playing, conducting or dealing of any such games, gambling or gaming shall, for the purposes of this article, be deemed to be keeping, conducting, operating and maintaining the same for profit or com- mercial purposes. -1- 7.20.020 ILLEGAL GAMES OF CHANCE. It shall be unlawful within the City of Anaheim for any person, firm, corporation or associa- tion, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain, oper- ate, open, deal or deal in, or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or trans- action wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is any determining factor of the result of such game, operation or transac- tion, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throw- ing, tossing, dropping, depositing or placing of any ball, marker, object thing or substance into any per- foration, hole or identation, in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicat- ing, choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus or equipment, or by any means or in any manner or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, any such figure, number, character, symbol, letter, design or mark hereinabove referred to corresponding to, duplicating, referring to or relating to, in whole or in part, directly or in- directly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing held, used, operated or maintained by any player or participant therein or by any person, where, by any predetermined or prearranged, or by any rule, method, scheme, design or procedure, any person is found, declared or determined to be, or is or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property -2- or thing of value, or makes or agrees to make any pur- chase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any other place or premises; provided, however, that no provision of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320, or of Section 320a, or of Section 330 of the Penal Code, or of any other code section or general law of the State of California, it being the intent of the City Council to prohibit by this section all games, operations or transactions herein described, not prohibited by the provisions of any gen- eral law of this State, including all games, operations or transactions for profit, commonly known as keno, tango, movie tango, beano, skill ball, fortune, quintan, fascination or inspiration, and all games, operations or transactions similar thereto under whatever name they may be designated. 7.20.030 PARTICIPATION IN ILLEGAL GAMES. It shall be unlawful within the City of Anaheim for any person to participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provi- sions of Section 7.20.010 or 7.20.020 of this Chapter. 7.20.040 BETTING ON ILLEGAL GAMES. Every person who shall place or bet at or against any of the games, gambling or gaming which by Section 7.20.010 or 7.20.020 of this Chapter are made unlawful shall be guilty of a misdemeanor. 7.20.050 PERMITTING ILLEGAL GAMES. It shall be unlawful for any person, firm, corporation or association, owning, leasing, man- aging, controlling or having any interest in any property or premises lying within the City of Anaheim to cause or permit the maintenance or operation in or on such prop- erty or premises, having knowledge, or after reasonable notice of the existence thereof, of any game, operation or transaction declared by the provisions of Section 7.20.010 or 7.20.020 of this Chapter to be unlawful. -3- 7.20.060 shall be deemed to conduct, carrying orized pursuant to this Code. 7 .20.070 EXCEPTION FOR AUTHORIZED BINGO GAMES. Nothing contained in this chapter prohibit the participation in, play, on or operation of any bingo game auth- the provisions of Chapter 7.34 of GAMBLING DEVICES DECLARED NUISANCE. Any machine, contrivance, appliance, device, game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or maintained in violation of the provisions of: .010 Section 330a of the Penal Code of the State; or .020 Any section enumerated in Part 1, Title 9, Chapter 9 of the Penal Code of the State of California; or .030 The provisions of this chapter, hereby is declared to be a nuisance and shall be subject to abatement as provided in this chapter. 7.20.080 DESTRUCTION OF GAMBLING DEVICES. Any article declared by Section 7.20.070 of this Code to be a nuisance as a result of the operation, use, keeping, possession, playing or main- taining of which any person has been convicted of, or has pleaded guilty to, any violation of any law of this State, or any of the provisions of this Code, or any ordinance of this City, shall be destroyed by the Chief of Police after such plea or after judgment of conviction becomes final. Such article and the contents thereof shall be destroyed; provided, however, that any money so declared to be a nuisance shall be deposited in the General Fund of the City. If any article subject to destruction, as herein provided, is in the custody of any court within the City, the Chief of Police shall cause an application to be made to such court for an order releasing such article to him for the purpose of complying with this section. -4- 7.20.090 DRAW POKER - RECEIv�NG PAYMENT FOR PLAYING OR OPERATING GAME. It is unlawful for any person to re- ceive directly or indirectly anything of value from the playing or operation of a game of draw poker or any vari- ation thereof, other than the actual winnings to which a person playing such such game in good faith for himself alone may be entitled as a result of such game. 7.20.100 DRAW POKER - PAYING FOR PRIVILEGE OF PARTICIPATING IN GAME. It is unlawful for any person to give anything of value for being permitted to participate in a game of draw poker or any variation thereof, other than to pay the actual losses sustained by such person playing such game in good faith for himself alone. 7.20.110 DRAW POKER - BETTING PROPERTY BELONGING TO ANOTHER. It is unlawful for any person to bet or wager anything of value belonging to another person in a game of draw poker or any variation thereof. 7.20.120 DRAW POKER - PERMITTING PREMISES TO BE USED FOR VIOLATIONS. It is unlawful for any person, either as owner, lessee, agent, employee, mortgagor or other- wise, to knowingly permit any room, building or premises, or any furniture, fixtures, equipment or other article, or anything of value, to be used for or in any game of draw poker or any variation thereof, in connection with which a violation of Sections 7.20.090, 7.20.100 or 7.20.110 occurs. 7.20.130 ILLEGAL GAMBLING - SEIZURE OF FURNITURE AND EQUIPMENT. In addition to any other remedy pro- vided by law, any furniture, fixtures, equipment or article, or anything of value, used in violation of any provision of this chapter, may be seized by any of the officers designated by Section 335 and 335a of the Penal Code of the State of California and, in such cases, shall be disposed of in the same manner as provided in said Section 335a of said Penal Code; provided, however, that the phrase "machine or device" as used in said -5- Section 335a of the Penal Code, shall mean any furniture, fixtures, equipment or article, or anything of value, except money, coin or currency. Any or all money, coin or currency used in violation of any provision of this chapter and seized pursuant to this section shall be deposited in the General Fund of the City. 7.20.140 ILLEGAL GAMBLING - FREQUENTING PREMISES. No person shall visit, frequent or be present at or within any house, room, apartment, office or place used in whole or in part as a place where any game or device is played, operated, conducted, dealt or carried on with cards, dice, billiard balls, pool balls or other devices for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value, prohibited by Section 330 or 330a of the Penal Code of the State of California. 7.20.150 BOOKMAKING - USE OF TELEPHONE OR TELEGRAPH FACILITIES. No person shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a betting pool, or for the purpose of conducting the business of making book or selling pools on races or other contests, or of betting or laying wagers upon the result of any race or contest. No person shall transmit any message over any telephone or telegraph line or wire knowing that such message is to be used in connection with conducting or carrying on a betting pool or making book or selling pools on races or other contests or of betting or laying of wagers upon the result of any race or contest. 7.20.160 TIP SHEETS. No person engaged in conducting or carrying on a betting pool or in conducting the business of making book or selling pools or races, or the betting or laying of wagers upon the results of any race or con- test, shall have in his possession any written or printed form, chart, table, list sheet, circular or publication of any kind giving or purporting to give any list of entries for any horse race or other contest thereafter anywhere to take place, if there be written or printed or published as part thereof, any tip, information, pre- diction or selection of, or advice as to, or any key, cipher or cryptogram indicating, containing or giving any tip, information, publication or selection of, or ad- vice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or contestant therein or any state- ment as to, or comment upon, or reference to, the form condition or standing of any horse or other contestant, or the actual, probable or possible result of any race or contest, or the actual, probable or possible state, past, present or future of the betting, wagering or odds upon or against any horse or other contestant named in such list, or probable or possible list, or entries unless the names of such horses or other con- testants shall be arranged in such list, or probable or possible list, in alphabetical order, and shall all be printed in type of the same size and face and of identi- cal appearance, and shall all be printed flush with the left side of the column in which the same are printed, or all an equal distance therefrom. 7.20.170 POSSESSION OF BOOK OR DEVICE FOR RECORDING BETS AND WAGERS. No person shall have in his posses- sion any book, paper, apparatus, device or paraphernalia for the purpose of recording or registering any bet or any purported bet or wager, or any purported wager, upon the result, or purported result, of any trial, or pur- ported trial, or contest or purported contest, of skill, speed, power or endurance of man or beast, or between men, beasts or mechanical apparatus, or upon the result or purported result of any lot, chance, casualty or con- tingent event whatsoever. 7.20.180 GAMBLING AT DICE OR POOL. Every person who deals, plays or carries on, opens or causes to be opened, or who conducts either as owner or employee, whether for hire or not, any game of dice having six faces or less, or any game played with small round balls usually having one flat face and commonly referred to as "pool peas," or any games using pool balls for the purpose of engaging in billiards, snooker, pool or a similar game, when the aforementioned games are played for money, checks, credit or other rep- resentative of value, and every person who bets at or against any of the aforementioned and prohibited games, is guilty of a misdemeanor. -7- 7.20.200 VALIDITY. If any section, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional or invalid, as applied to any person or persons, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Anaheim hereby declares that it would have passed this chapter, and each section, para- graph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid." - SECTION 2. Nothing contained in this ordinance shall be deemed to prohibit the operation of any gaming premises otherwise lawfully existing pursuant to the provisions of Ordinance No. 3552. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the amendment hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions were committed prior to the effective date hereof, nor to be construed as a waiver of any license or penalty or the penal pro- visions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordi- nance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and contin- uations, and not as new enactments. SECTION 4. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this /9t1� d of April, 1980. R OF THE C7/hY OF ANAHEIM ATTEST: LINDA D. ROBERTS, CITY CLERK 000, BY: OL.Vum 0. /E DEPUTYCITY CLERK OF THE CITY OF ANAHEIM -8- J LW: fm STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4121 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 15th day of April, 1980, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of April, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4121 on the 29th day of April, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of April, 1980. LINDA D. ROBERTS, CITY CLERK BY Gt DEPUTY CITY CLERK (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4121 and was published once in the Anaheim Bulletin on the 9th day of May, 1980. LINDA D. ROBERTS, CITY CLERK BY DEPUTY CITY CLERK