CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE

PUBLIC PEACE, MORALS AND WELFARE

Chapter 9.20

GAMBLING

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	9.20.010	Draw poker--Keeping house used for draw poker.
	9.20.020	Draw poker--Permitting house to be used for draw poker.
	9.20.030	Keeping houses used for games of chance not mentioned in Penal Code.
	9.20.040	Permitting houses to be used for games of chance not mentioned in Penal Code.
	9.20.050	Playing or participating in games of chance not mentioned in Penal Code.
	9.20.060	Operating devices used for gambling.
	9.20.070	Operating mechanical devices used for gambling.
	9.20.080	Certain games of chance such as bingo prohibited.
	9.20.090	Participating in games prohibited by Sections 9.20.060 to 9.20.080.
	9.20.100	Permitting participation in games prohibited by Sections 9.20.060 to 9.20.080.
	9.20.110	Certain mechanical games prohibited.
	9.20.120	Gambling devices declared nuisance --Abatement.
	9.20.130	Destruction of gambling devices.

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9.20. 010 Draw poker--Keeping house used for draw poker.

It is unlawful for any person either as principal, agent, employee or otherwise to keep, conduct or maintain in the city any house, room, premise or place used, or held in part, as a gambling house, where that certain game played with cards commonly known as "draw poker" is played and carried on for money or any representative of value. (Prior code § 13-1)

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9.20. 020 Draw poker--Permitting house to be used for draw poker.

It is unlawful for any person, either as principal agent, employee or otherwise, knowingly to permit any house, room, premise or place owned by him, or in his charge or control, in the city to be used in whole or in part as a gambling house or place where that certain game played with cards commonly known as "draw poker" is played for money or any representative of value. (Prior code § 13-2)

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9.20. 030 Keeping houses used for games of chance not mentioned in Penal Code.

It is unlawful for any person, either as owner, principal, agent, employee, licensee, lessee, mortgagee or otherwise, to keep, conduct, operate or maintain within the city any house, room, store, apartment, enclosure or place used in whole or in part as a place where any game dependent upon hazard or chance not mentioned in Section 330 or 330a of the Penal Code of the state is played, conducted, dealt, maintained, operated or carried on, either with cards, dice, billiard balls, pool balls, cues or mechanical devices, appliances or contrivances, or with any other device where the same is played, conducted, dealt, maintained, operated or carried on for money, chips, checks, slugs, tokens, credit or any other representative of value, or for any merchandise, or any other thing of value, or anything redeemable in or exchangeable for money, merchandise or any other thing of value. (Prior code § 13-3)

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9.20. 040 Permitting houses to be used for games of chance not mentioned in Penal Code.

It is unlawful for any person, either as owner, principal, agent, employee, licensee, lessee, mortgagee or otherwise, knowingly to permit any house, apartment, room, store, enclosure or place owned by him, or under his charge or control, in the city to be used in whole or in part for playing, conducting, dealing, operating or carrying on therein any game not mentioned in Section 330 or 330a of the Penal Code of the state, either with cards, dice, billiard balls, pool balls, cues, mechanical devices, contrivances, appliances or any other device, for money, checks, chips, slugs, credit or any other representative of value, or for any merchandise or any other thing of value or for anything redeemable or exchangeable for money. (Prior code § 13-4)

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9.20. 050 Playing or participating in games of chance not mentioned in Penal Code.

It is unlawful for any person to play or bet at, on or against any game not mentioned in Section 330 or 330a of the Penal Code of the state which is operated, played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, cues, mechanical contrivances, appliances or other device for money, checks, chips, credit, tokens or any other representative of value, or for any merchandise or any other thing of value, where the playing or operation thereof depends upon hazard or chance. (Prior code § 13-5)

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9.20. 060 Operating devices used for gambling.

It is unlawful for any person, either as owner, lessee, agent, employee, mortgagee or otherwise, to operate, keep, maintain, rent, use or conduct, within the city, any clock, tape, slot or card machine, or any other machine, contrivance or device upon which money is paid, deposited or played upon chance or upon the result of the action of which money or any other article or thing of value is or may be staked, bet, hazarded, won or lost upon chance, or which machine shall not give the same return in market value each and every time such machine is operated. (Prior code § 13-6)

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9.20. 070 Operating mechanical devices used for gambling.

It is unlawful for any person, either as owner, lessee, agent, employee, mortgagee or otherwise, to operate, keep, maintain, rent, use or conduct, within the city, any machine, contrivance, appliance or mechanical device, upon the result of the action of which money or other valuable thing is or may be staked or hazarded and which is or may be operated or played by placing or depositing therein any coins, checks, slugs, balls or other article or device, or in any other manner, and by means of the action whereof, or as a result of the operation of which any merchandise, money or article representative of value, check or token redeemable in or exchangeable for money, or any other thing of value is won or lost, or taken from or obtained from such machine, when the result of the action or operation of such machine, contrivance, appliance or mechanical device, is dependent upon hazard or chance, or when the same return in market value shall not be obtained each and every time such machine is operated. (Prior code § 13-7)

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9.20. 080 Certain games of chance such as bingo prohibited.

It is unlawful in the city for any person, either as owner, lessee, manager, employee, agent or servant, to conduct, manage, carry on, maintain, operate, 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 transaction 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 favor or is any determining factor of the result of such game, operation or transaction which is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of 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 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 any ball, disk, object, substance or material marked, designated or identified by or with any 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 indirectly, 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, checks, 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, or to any other place or premises.

Provided, however, that no provisions of this section shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 330 or of Section 330a or of Section 320 of the Penal Cede or of any other code section or general law of the state, 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 general law of this state, including all games, operations or transactions for profit commonly known as keno, tango, movie tango, bingo, beano, skill ball, fortune, quintain, fascination or inspiration and all games, operations or transactions similar to such enumerated games under whatever name they may be designated.

Exceptions: Nothing in this section shall prohibit the game of "bingo" if permitted pursuant to Chapter 5.12. (Prior code § 13-8)

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9.20. 090 Participating in games prohibited by Sections 9.20.060 to 9.20.080.

It is unlawful in the city for any person to participate in, play, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited by the provisions of Sections 9.20.060 to 9.20.080. (Prior code § 13-9)

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9.20. 100 Permitting participation in games prohibited by Sections 9.20.060 to 9.20.080.

It is unlawful for any person owning, leasing, managing, controlling or having any interest in any property or premises lying within the incorporated territory of the city to cause or permit the maintenance or operation in or on such property or premises, having knowledge, or after reasonable notice of the existence thereof, of any game, operation or transaction declared by the provisions of Sections 9.20.060 to 9.20.080 to be unlawful. (Prior code § 13-10)

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9.20. 110 Certain mechanical games prohibited.

A. Definitions. For the purposes of this section, the following terms are defined as hereinafter set forth:

1. "Pin game" means any table, cabinet or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregularities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player.
2. "Marble game" means any table, cabinet or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot or rolled so as to drop or come to rest in holes, slots, cups or traps, resulting in a score or tally being electrically or otherwise registered or shown which score or tally depends upon the course followed or point reached by the marble or ball or upon the contact points touched by it along its course, or upon any combination of such factors.
3. The phrase "any game similar to a marble game" shall mean: "balley-alley" and any other miniature mechanical bowling game device, by whatever name called; any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any moving object is propelled, rolled, shot or released toward a goal, pin, set of pins or other objective by means of any plunger, ejector, mechanical bat, mechanical hand or by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical device or which is mechanically manipulated, controlled or guided, and which game is so contrived that, at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the paying off or awarding of a prize or reward upon the operation or play of the game.
4. "Claw, hook or grab machine" means any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked or otherwise displaced, recovered or removed by the operation of any connivance simulating in miniature a power-shovel, clam-shell, dragline or similar excavating tool or machine.
5. "Horse racing machine" means any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in the manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of the finish thereof.

B. Prohibited Maintenance. It is unlawful for any person to keep, maintain or possess in any place of business or in any place of public resort:

1. Any pin game, any marble game or any game similar to a marble game, any claw, hook or grab machine or any horse race machine, the operation of which game or machine is controlled, permitted or made available by placing therein a coin, plug, disk, key or token, or which is or may be let for use, operation or play upon the payment or delivery of anything of value thereof, or upon the making of any purchase;
2. Any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted or made available by placing therein any coin, plug, disk, key or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase.

C. Applicability of Section. The provisions of this section shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance or device at or in any mercantile store in which such mechanical contrivances or devices are kept solely for sale and which mechanical contrivances or devices members of the public are not permitted or allowed to operate, manipulate or play except as incident to a demonstration for the purpose of sale. (Prior code § 13-11)

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9.20. 120 Gambling devices declared nuisance--Abatement.

Any equipment, machine, contrivance, appliance, game, ticket, chance, share, interest, instrument, paper or article operated, used, kept, possessed, placed or maintained in violation of the provisions of the foregoing sections of this chapter or of:

A. Section 330a of the Penal Code of the state; or

B. Any section enumerated in Part 1, Title 9, Chapter 9 of the Penal Code of the state; or

C. Any other part, title, chapter or section of the Penal Code of the state prohibiting gambling, games of chance, lotteries, pool selling or associated or kindred activities or operations; or

D. Any amendments or supplements to the statutes and ordinances herein enumerated and any ordinance of the city and any statute of the state adopted as a substitute for or in place of any of the ordinances or statutes herein enumerated and any ordinance of the city and any statute of the state prohibiting possession of any contrivance, article or device, not covered hereby, used for gambling, lotteries, games of chance, pool selling or associated or kindred operations or activities, and passed subsequently to the adoption of this chapter

are declared to be a nuisance and shall be subject to abatement as hereinafter provided. (Prior code § 13-12)

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9.20. 130 Destruction of gambling devices.

Any article declared by Section 9.20.120 to be a nuisance, as a result of the operation, use, keeping, possession, placing or maintaining which any person, firm or corporation has been convicted of or has pleaded guilty to any violation of any law of this state or of any ordinance of this city, shall be destroyed by the chief of police after such plea or after judgment of conviction becomes final. The contents of such machine shall be destroyed or, if money, shall be deposited in the general fund.

If any articles subject to destruction as herein provided are in the custody of any court within the city, the chief of police shall cause to be made an application to the judge of the court for an order releasing the articles to him for the purpose of complying with this section. (Prior code § 13-13)

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