Every person who manufactures, owns, stores, keeps, possesses,
sells, rents, leases, lets on shares, lends, or gives away, transports,
or exposes for sale or lease or offers to sell, rent, lease, let on
shares, lend or give away, or who permits the operation of or permits
to be placed, maintained, used or kept in any room, space, or building
leased or occupied by him or under his management or control, any
slot machine, card machine, contrivance, appliance, mechanical or
electrical device as hereinafter defined, and every person who makes
or permits to be made with any person any agreement with reference
to any such machine, contrivance, appliance, or device, pursuant to
which the user thereof, as a result of any element of chance or other
outcome unpredictable to him, may become entitled to receive any money,
credit, allowance, or thing of value, or any additional chance or
right to use such machine, contrivance, appliance or device or to
receive any check, slug, token, or memorandum entitling the holder
to receive any money, credit, allowance or thing of value, is guilty
of a misdemeanor.
(Prior code § 4-3.09)
A "machine, contrivance, appliance or device" within the provisions
of this chapter includes (but is not limited to) one that is adapted,
or may readily be converted into one that is adapted, for use in such
a way that, as a result of the insertion of any piece of money or
coin or other object such machine, contrivance, appliance or device
is caused to operate or may be operated, and by reason of any element
of chance or of other outcome of such operation unpredictable by him,
the user may receive or become entitled to receive any piece of money,
credit, allowance or thing of value, or any check, slug, token or
memorandum, whether of value or otherwise, which may be exchanged
for any money, credit allowance, or thing of value or which may be
given in trade, or the user may secure additional chances or rights
to use such machine, contrivance, appliance, device or apparatus,
irrespective of whether it may, apart from any element of chance or
unpredictable outcome of such operation, also sell, deliver or present
some merchandise, indication of weight, entertainment or other things
of value.
(Prior code § 43.10)
(a)
In
addition to any other remedy provided by law any such machine, contrivance,
appliance or device may be seized by law enforcement officers of the
city of Sunnyvale and by any of the officers designated by Section
335 of the Penal Code of the state of California, and a notice of
intention summarily to destroy such machine, appliance, contrivance
or device must thereupon be posted in a conspicuous place upon the
premises in or upon which such machine, contrivance, appliance or
device was seized. Such machine, contrivance, appliance or device
shall be held by such officer for thirty days after such posting,
and if no action is commenced to recover possession of such machine,
contrivance, appliance or device, within such time, the same shall
be summarily destroyed by such officer, or if such machine, contrivance,
appliance or device is held by the court, in any civil or criminal
action, to be in violation of this chapter the same shall be summarily
destroyed by such officer immediately after the decision of the court
has become final.
(b)
Any
and all money seized in or in connection with such machine, contrivance,
appliance or device, immediately after such machine, contrivance,
appliance or device has been so seized is to be paid into the treasury
of the city of Sunnyvale, and upon said machine being destroyed in
accordance with the foregoing provisions of this chapter, is to be
credited to the general fund, otherwise to be returned to the person
who was in possession of said machine when it was seized.
(Prior code § 4-3.11)
The provisions of this chapter are not intended to conflict with but shall supplement all laws of the state of California prohibiting lotteries, gaming, or gambling, and these provisions must be enforced by law enforcement officers whose duty it is to enforce the laws of the state of California against lotteries, gaming or gambling, when by operation of this chapter the use, ownership or possession, as defined in Section 5.24.070 of this code, of any such game or machine, contrivance, appliance or device is prohibited by this chapter but might not be prohibited by the laws of the state of California.
(Prior code § 4-3.12)
(a)
It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise, of any machine, contrivance, appliance or device as defined in Section 5.24.070 of this code and Section 9.32.010 of this chapter, is prohibited and penalized by the provisions of this chapter whether or not the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise, of any such machine, contrivance, appliance or device as defined in Section 5.24.070 of this code and Section 9.32.010 of this chapter, might be an infraction of the laws of the state of California against lotteries, gaming or gambling.
(b)
It is specifically declared that every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise, or who permits to be placed, maintained or kept in any room, space, enclosure, or building owned, leased, or occupied by him under his management or control, whether for use or operation or for storage, bailment, safekeeping, or deposit only, any machine, contrivance, appliance, or device as described in Section 5.24.070 of this code and Section 9.32.010 of this chapter, is guilty of a misdemeanor.
(Prior code § 4-3.13)
(a)
It is further expressly provided that every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise, or who permits to be placed, maintained or kept in any room, space, enclosure, or building owned, leased or occupied by him, or under his management or control, whether for use or operation or for storage, bailment, safekeeping or deposit only any machine, contrivance, appliance or device as defined in Section 5.24.070 of this code and Section 9.32.010 of this chapter, is guilty of a misdemeanor even though such person claims that such device is a game of amusement only and that there is no return of any kind to the player.
(c)
The
city council of the city of Sunnyvale expressly states as a reason
for the adoption of this legislation that the individuals who operate
such machines obtain illegal power and prey upon the public, particularly
children and the unwary, inexperienced and credulous individuals.
(Prior code § 4-3.14)
It is further expressly provided that this chapter shall not
apply to music machines, weighing machines and machines which vend
cigarettes, candy, ice cream and the like upon which there is deposited
an exact consideration and in which in every case the customer obtains
that which he purchases.
This chapter shall not apply to the possession and use of contrivances, appliances, devices, equipment, mechanical, electrical and otherwise utilized or designed to be utilized in the conduct and operation of bingo games by organizations holding licenses issued pursuant to Chapter 9.37 when such contrivances, appliances, devices and equipment are wholly owned by the license holder.
(Prior code 4-3.15; Ord.
1873-77 § 1, 1977)
