[Ord. No. 1781, 12-16-1980; Ord. No. 1959, 2-17-1988; Ord. No.
2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
Means a game, played with cards bearing lines of numbers,
in which a player covers or uncovers a number selected from a container,
and which is won by a player who is present during the game and who
first covers or uncovers the selected numbers in a designated combination,
sequence or pattern.
Means promoting gambling by unlawfully accepting bets from
members of the public as a business, rather than in a casual or personal
fashion, upon the outcomes of future contingent events.
Means any person organized and existing for charitable, benevolent,
eleemosynary, humane, patriotic, religious, philanthropic, recreational,
social, educational, civic, fraternal or other non-profit purposes,
and who is also exempt from payment of federal income taxes because
of the organization’s charitable, fraternal or religious purposes.
The fact that contributions to an organization profiting from the
contest do not qualify for charitable deductions for tax purposes
or that the organization is not otherwise exempt from payment of federal
income taxes, pursuant to the Internal Revenue Code of 1954, as amended,
constitutes prima facie evidence that the organization is not a bona
fide charitable, fraternal or religious organization.
Means any contest, game, gaming scheme or gaming device in
which the outcome depends in a material degree upon an element of
chance, notwithstanding that skill of the contestants may also be
a factor therein.
Means that a person stakes or risks something of value upon
the outcome of a contest of chance or a future contingent event not
under the control or influence of the person, upon an agreement or
understanding that the person or someone else will receive something
of value in the event of a certain outcome. Gambling does not include:
Bona fide business transactions valid
under the law of contracts for the purchase or sale at a future date
of securities or commodities, and agreements to compensate for loss
caused by the happening of chance, including but not limited to contracts
of indemnity or guaranty and life, health and accident insurance.
Engaging in contests of chance under
the following conditions:
The contest is played for some token
other than money;
An individual contestant may not
purchase more than $10 worth of tokens for use in the contest during
any 24-hour period;
The tokens may be exchanged only
for property other than money;
Except when the tokens are exchanged
for a beverage or merchandise to be consumed on the premises, the
tokens are not redeemable on the premises where the contest is conducted
or within 50 miles thereof; and
Except for charitable, fraternal
or religious organizations, no person who conducts the contest as
owner, agent or employee directly profits from operation of the contest.
Social games.
Bingo, lotto, or a Monte Carlo event operated in compliance with ORS 465.100(2) and LOC § 34.14.820.
Lawful raffles conducted pursuant
to a license issued by the State of Oregon under ORS 464.250 to 464.390.
Means an unlawful gambling scheme in which:
The players pay or agree to pay something
of value for chances, represented and differentiated by numbers or
by combinations of numbers or by some other medium, one or more of
which chances are to be designated the winning ones; and
The winning chances are to be determined
by a drawing, or by some other method; and
The holders of the winning chances
are to receive something of value.
Means a gambling event at which wagers are placed with imitation
money upon contests of chance in which players compete against the
house. As used in this subsection, "imitation money" includes imitation
currency, chips or tokens.
Means a person who engages in any form of gambling solely
as a contestant or bettor, without receiving or becoming entitled
to receive any profit therefrom other than personal gambling winnings,
and without otherwise rendering any material assistance to the establishment,
conduct or operation of the particular gambling activity. A person
who gambles at a social game of chance on equal terms with the other
participants therein is a person who does not otherwise render material
assistance to the establishment, conduct or operation thereof by performing,
without fee or remuneration, acts directed toward the arrangement
or facilitation of the game, such as inviting persons to play, permitting
the use of premises therefor and supplying cards or other equipment
used therein. A person who engages in bookmaking is not a player.
Means a form of a lottery in which each participant buys
a ticket for an article or money designated as a prize and where the
winner is determined by a random drawing. A raffle includes the elements
of consideration, chance and a prize. Consideration is presumed to
be present unless it is clearly and conspicuously disclosed to prospective
participants by the operators that tickets to the drawing may be acquired
without contributing something of economic value.
Means:
A game, other than a lottery, between
players in a private home where no house player, house bank or house
odds exist and there is no house income from the operation of the
social game; and
A game, other than a lottery, between
players in a charitable, fraternal or religious organization where
no house player, house bank or house odds exist, there is no house
income from the operation of the social game and where players are
limited to members in good standing of such organizations and the
spouses or guests of such members.
Means any money or property, any token, object or article
exchangeable for money or property, or any form of credit or promise
directly or indirectly contemplating transfer of money or property
or of any interest therein.
Means not specifically authorized by law.
[Ord. No. 1781, 12-16-1980]
1.
A social game in any place, other than
a private residence, is unlawful unless conducted pursuant to a valid
license issued under this section.
2.
An application to the City to conduct social
games shall not be approved unless:
a.
The applicant is a charitable, fraternal
or religious organization which has existed and operated with its
principal place of business within the City of Lake Oswego for at
least three years prior to the date of application.
b.
The applicant agrees to permit immediate
access for City inspection of the premises at any time during a game
without notification to the licensee.
c.
The application includes all information
deemed by the City to be proper and necessary to determine if the
application and the social games promoted or conducted pursuant thereto
conform to the requirements of this chapter.
d.
The applicant pays an application
fee as established by the City Council.
3.
An application may be approved upon any
condition the City deems proper and necessary to ensure compliance
with the requirements of this chapter.
4.
Licenses issued under this section shall
be for a period of one year only. Any licensee may reapply for a new
license not more than 60 days prior to the expiration date of the
existing license.
[Ord. No. 1781, 12-16-1980; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2231, Amended, 3-21-2000]
1.
Bingo, lotto, or a Monte Carlo Event is
unlawful at any place unless conducted pursuant to a valid license
issued under this section.
2.
An application to the City to conduct bingo,
lotto, or a Monte Carlo Event shall not be approved unless:
b.
The applicant agrees to permit immediate
access for City inspection of the premises at any time during a game
without notification to the licensee.
c.
The applicant shall include all information
deemed by the City to be proper and necessary to determine if the
application for bingo, lotto, or Monte Carlo Event games conducted
pursuant thereto conform to the requirements of this chapter.
d.
The applicant pays an application
fee as established by the City Council.
3.
An application may be approved upon any
condition the City deems proper and necessary to ensure compliance
with the requirements of this chapter.
4.
A license issued under this section shall
be for a period of one year only. Any licensee may reapply for a new
license not more than 60 days prior to the expiration date of the
existing license.
5.
No person who conducts the contest, other
than a charitable, fraternal or religious organization or a player,
may directly profit from the operation of a game bingo, lotto, or
a Monte Carlo Event.
[Ord. No. 1959, 2-17-1988; Editorial change 4-20-1989]
It is lawful in the City of Lake
Oswego to conduct a raffle after having obtained a license for such
activity from the State of Oregon so long as the raffle is conducted
in compliance with all applicable legal requirements.
[Ord. No. 1781, 12-16-1980]
1.
A license issued under this chapter may
be revoked upon reasonable notice and opportunity to be heard, if
a.
The licensee, or any agent or employee
of the licensee, violates any federal or state gambling laws, of any
provision of this chapter; or
b.
The licensee has made any false,
misleading or otherwise not fully truthful statement in the application;
or
c.
Facts exist that if the licensee
were applying for a license under this section such application would
be denied; or
d.
The licensee or any agent or employee
of the licensee fails to comply with any of the terms or conditions
of the license.
2.
Any licensee that has had a license issued
under this section revoked shall be ineligible to apply for a new
license for a period of five years.
3.
Revocation of any license under this section
shall be in addition to any other penalties which may be imposed.
4.
Denial of an application or revocation
of a license may be appealed to the City Council within 10 days of
such denial or revocation.
[Ord. No. 1781, 12-16-1980]
The City expressly reserves the right to amend or repeal any or all sections of LOC §§ 34.14.800 to 34.14.900 at any time. The provisions of LOC §§ 34.14.800 to 34.14.900 create no vested rights. Any amendment or repeal of LOC §§ 34.14.800 to 34.14.900 shall be effective immediately upon all existing licenses. If, because of any such amendment or repeal, any license is no longer authorized under this section, the City may refund the prorated portion of the license fee for that part of the license year which will not be used.
[Ord. No. 1781, 12-16-1980; Ord. No. 1856, 12-28-1982; Ord. No.
1959, 2-17-1988; Ord. No. 2231, Amended, 3-21-2000]
