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ORDINANCE NO. 2195
AN ORDINANCE OF THE CITY OF ARCADIA,
COUNTY OF LOS ANGELES, ST A TE OF
CALIFORNIA, AMENDING ARTICLE IV, CHAPTER
2, DIVISIONS I THROUGH 3 OF THE ARCADIA
MUNICIPAL CODE CONCERNING GAMBLING
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION I.
Article IV, Chapter 2, Divisions I through 3 of the
Arcadia Municipal Code are hereby deleted in their entirety and new Sections 4211
through 4213.7 are added to the Arcadia Municipal Code to read as follows:
"CHAPTER 2.
DISORDERLY CONDUCT, NUISANCES, ETC.
PART 1.
GAMBLING
DIVISION I.
DEFINITIONS
4211. GAMBLING HOUSE.
Any house, building, shed, structure, place, lot or parcel of land whereat any
game is played with cards, dice, chips or similar device for money, checks, chips,
credit, prizes, merchandise, certificate, paper, token, or any other article
representative of value when redeemable in or exchangeable for money or anything
of value, where money or anything of value or any representative value is risked,
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staked or hazarded on the result of the game, is hereby declared to be a nuisance
and to be included in the tern1 "gambling house or place."
4211.1
SAME. EXCEPTION.
Any house, building, shed, structure, place, lot or parcel of land whereat any
book, paper, apparatus, device, paraphernalia or similar device is kept for any
period of time whatsoever for the purpose of recording or registering any bet or
wager upon the result or purported result of any trial, purported trial, contest or
purported contest of skill, speed or power of endurance between men or beasts,
horses or any mechanical apparatus, is hereby declared to be a nuisance and to be
included in the term "gambling house or place." The enclosure of a horse track
when licensed by the California Horse Racing Board shall not be deemed a
gambling house or place, so long as the book, paper and/or apparatus are kept by
the licensee to record wagers made through the pari-mutuel machines at licensee's
track.
DIVISION 2.
GAMBLING HOUSES
4212 GAMBLING HOUSES PROHIBITED.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise, shall keep, conduct, or maintain any house, room, apartment
or place used in whole or in part as a place where any game not mentioned in
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Section 330 of the State Penal Code is played, conducted, dealt or carried on with
cards, dice, chips or any other similar device, for money, checks, chips, credit or
any other representative of value or for any merchandise or thing of value.
4212.1
SAME.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise, shall knowingly permit any house, room, apartment or place
owned by such person or under the charge or control of such person, to be Llsed in
whole or in part for playing, conducting, dealing or carrying on therein, any game
not mentioned in Section 330 of the State Penal Code, with cards, dice, chips or
any other similar device, for money checks, chips, credit or any other
representative of value or for any merchandise or thing of value.
4212.2
SAME. PUBLIC GAME ROOMS.
No person, as principal, agent, owner, lessee, manager, employee, servant or
otherwise, shall operate, maintain, conduct or carryon as a business any public
card room or public game room or any other public place where any poker game,
card game, or any game of chance is played, conducted, carried on or permittcd.
4212.3
SAME. PRESENCE PROHIBITED.
No person shall visit, frequent, participate in or be present in any house,
room, apartment, stand or place used in whole or in part, where gambling is being
conducted or carried on or where any person receives, holds or wards, or purports
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to receive, hold or forward, in any manner whatsoever, any money, thing or
consideration of value, or the equivalent or memorandum thereof, which is staked,
pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for
the purpose of being staked, pledged, bet or wagered, upon the result, or purported
result, of any trial or contest, or purported trial or contest of skill, speed, or power
of endurance of man or beast, or between men, beasts, or mechanical apparatus, or
upon the result or purported result of any lot, chance, casualty unknown or
contingent event whatsoever.
4212.4
EXCEPTION. PARI-MUTUEL WAGERING.
The enclosure of a horse track, when licensed by the California Horse
Racing Board, shall not be deemed a gambling house or place, so long as the
wagering is confined to pari-mutuel wagering upon the results of a horse race.
DIVISION 3.
GAMBLING DEVICES
4213. PUBLIC NUISANCE.
Any slot or card machine, contrivance, appliance or mechanical device used,
operated, kept, possessed, placed or maintained in violation of the provisions of:
(I) Section 330a of the State Penal Code; or
(2) Any section enumerated in Part I of Title 9 of Chapter 9
(Lotteries) of the State Penal Code; or
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(3) Section 4213.1 of this Code;
is hereby declared to be a nuisance and shall be subject to abatement as hereinafter
provided in Section 4213.2.
4213.1
POSSESSION PROHIBITED
No person shall keep, maintain, or have 111 his/her possession or under
his/her control, either as owner, lessee, manager, employee, agent or servant, any
punchboard, table, game or device, commonly known as a "marble game," "pin
game," or slot machine or game, or any device similar thereto, the operation, use or
play of which is controlled by placing therein any coin, plate, disc, plug, key or
other device or by the payment of any fee.
4213.2
CONFISCATION.
Any article declared by Section 4213 hereof to be a nuisance, as a result of
the operation, use, keeping, possession, placing or maintaining of which any
person has, in any Court, been convicted of or has pleaded guilty to any violation
of Section 330a of the State Penal Code, or any section enumerated in Part I, Title
9, Chapter 9 (Lotteries) in the State Penal Code, shall be destroyed by the Chief of
Police after such plea or after such judgment of conviction becomes final. The
contents of such machine shall be destroyed, or if money, shall be deposited in the
general fund. If said articles subject to destruction as herein provided are in the
custody of the Court, the Chief of Police shall cause to be made an application to
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the Judge of said Court for an order releasing said articles to him for the purpose of
complying with this Division.
4213.3
USE PROHIBITED.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise, shall conduct, manage, carry on, maintain, operate, open, deal
in, cause or permit to be conducted any game, operation or transaction wherein
chance is a determining factor or is any determining factor in the result of such
game, operation or transaction, and 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 directly or indirectly, by throwing, tossing, dropping, depositing or
placing any ball, marker, object, thing or substance into any perforation, hole, or
indentation, 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,
indicating, choosing or projecting of any such figure, number, character, symbol,
letter, design or mark by means of any device, apparatus, or equipment and where,
by any predetermined or prearranged rule, method, scheme, design or procedure
any person is found, declared or determined to be or is the winner, donee, recipient
or taker of such prize, gift, rebate, compensation, reward, award, payment or
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gratuity, from which the player or participant pays, deposits, expends, gives or
pledges, either directly or indirectly, any money, check credit, property or thing of
value, or makes or agrees to make any purchase 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.
4213.4
SAME.
No person, either as principal, agent, owner, lessee, manager, employee,
servant or otherwise shall conduct, manage, carry on, maintain, operate, deal in, or
cause or permit to be conducted any game not mentioned in Section 319, 320, 330
or 330a of the State Penal Code or any other code section or general law of the
State, the result of which chance is a determining factor, it being the intent by this
section to prohibit any person who has or promises to pay, deposit, expend, give or
pledge any money, check credit, property or thing of value to participate in any
such game, operation, or transaction, and upon which result prizes, gifts, rebates,
compensation, rewards, awards, payments, gratuity is redeemable or exchangeable
for money or any other thing of value, whether the game is called Tango, Keno,
Beano, Skill Ball, Skill Wheel, Fortune, Quintain, Fascination, Inspiration, or by
whatever name the game is called or designated.
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4213.5
TOKENS PROHIBITED.
No person shall buy, purchase, discount, or redeem any prize, merchandise,
representative, article, check, certificate, paper or token, awarded or given at any
place whereat any game prohibited by this Part or by Section 319, 320, 330 or 330a
or by any other section of the State Penal Code.
4213.6
BETTING OR PLAYING PROHIBITED.
No person shall place or bet at or against any of the games, gambling or
gaming activities not mentioned in Section 330 of the State Penal Code or by any
games, gambling or gaming activities made unlawful in Section 4213 of this Code.
4213.7
SAME.
No person shall play at, or bet at or against any game mentioned in this Part
or any game mentioned in Section 319, 320, 330, or 330a of the State Penal Code."
SECTION 2:
The provisions of this Ordinance are severable and the
invalidity of any section, paragraph, phrase, clause or part of this Ordinance shall
not affect the validity or effectiveness of the remainder of this Ordinance.
SECTION 3:
The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of same to be published in the official newspaper
of said City within fifteen (15) days after its adoption. This Ordinance shall take
effect on the thirty-first (31st) day after its adoption.
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Passed, approved and adopted this 7th
day of September ,2004.
A TrEST
APPROVED AS TO FORM
~1Lv,- 0. IdQ;;l
Stephen P. Deitsch, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2195 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 7th day of September, 2004 and that said
Ordinance was adopted by the following vote, to wit:
A YES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
. !J-{<, ~
ity Clerk of the City of Arcadia
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