The purpose of Sections 9.28.010 and 9.28.100 through 9.28.150 is to preserve the public peace, health and safety. It is the finding of this legislative body that games predominantly of chance, as described in Section 9.28.100, present a significant threat to the public peace, health and safety. For this reason it is the intent of this legislative body that the prohibitions of Section 9.28.100 apply to games predominantly of chance, as described in said section.
The provisions of Sections 9.28.010 and 9.28.100 through 9.28.150 specifically make the mere possession of any machine, contrivance or device defined in Section 9.28.100 illegal, and render such machine or contrivance subject to confiscation as provided in Section 9.28.140.
(Prior code § 4-57; Ord. 2897 § 1, 1975)
For the purpose of Sections 9.28.020 through 9.28.090, the following words and phrases are defined as set forth below:
"Betting"
means an agreement, expressed or implied, between two or more persons that money or some valuable thing contributed by those so agreeing shall become the property of one or some of them upon the happening or not happening in the future of an event which at the time is an uncertainty, or upon the ascertainment of the facts in dispute.
"Consideration"
means any benefit, right, interest, gain, advantage, profit or payment conferred or agreed to be conferred upon one person by another person, as an inducement for some detriment, prejudice, forbearance, inconvenience, disadvantage, loss, or for some act, payment, responsibility, or service given, suffered or undertaken, conferred, or agreed to be conferred by a person.
"Gamble" or "gambling"
means the playing of a game, device or contrivance in which the element of chance is the controlling factor for stakes or the betting on the results of any game or contest, device or contrivance, whether it be one of skill or chance.
"Prize"
means any form of consideration except a trophy or trophies.
"Trophy"
means a placard, plaque, medal, statue, vase or similar object given to a person or group as a memento of his or their victory, status or standing at the conclusion of a tournament. It includes the above-mentioned articles which are competed for as mementos of victory, status or standing obtained in a designated tournament, and not as items of monetary value or for the value that can be derived by exchanging such items for another thing, payment or money.
(Prior code § 18A-1)
No person shall play, bet at, or, as owner or employee, open, set up, manage, conduct or maintain any game, machine or enterprise wherein:
A. 
A consideration is given by the player; and
B. 
Prizes are awarded as determined by chance, or by any combination of skill and chance wherein chance is the predominant factor.
(Prior code § 18A-2)
No person shall play, bet at, or, as owner or employee, open, set up, manage, conduct or maintain any game, machine or enterprise wherein:
A. 
A consideration is given by the player; and
B. 
Prizes are awarded to the player; and
C. 
Such game, machine or enterprise is played concurrently with or alternately or in connection with any of the following:
1. 
Any lottery,
2. 
Any game of chance, or any game which is a combination of skill and chance wherein chance is the predominant factor, whether or not a consideration is paid for playing such game of chance or combination thereof.
(Prior code § 18A-3)
No person shall set up, manage, conduct or maintain any combination of games of chance and games of skill which are alternated or played in any sequence with each other so that free games are used to entice or lure players into the playing for a consideration of paid games of skill or paid games combining the element of chance with the element of skill wherein chance is the predominant factor.
(Prior code § 18A-4)
No person shall set up, manage, conduct or maintain in any public place or public building any game, machine or enterprise wherein or whereby prizes are awarded by operation of chance, and for playing such game, machine or enterprise, no consideration is furnished by the player.
(Prior code § 18A-5)
It is unlawful for any person knowingly to visit or be in any room, place or space where anything declared unlawful by Sections 9.28.020 through 9.28.090 is carried on, conducted or operated.
(Prior code § 18A-7; Ord. 2893 § 6, 1975)
It is unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment or place owned by him or under his charge or control to be used in full or in part for anything declared unlawful by Sections 9.28.020 through 9.28.090.
(Prior code § 18A-8)
No person shall have in his possession or under his control, either as owner, lessee, agent, employee, mortgagor or otherwise, or permit 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 pinball machine or marble machine, contrivance, appliance or mechanical device, upon the result of action on which money or other valuable thing is or may be staked or hazarded, and which is operated or played by placing or depositing therein any coins, checks, slugs, balls or other articles or devices, or in any other manner, and by means whereof, or as a result of the operation of which, any merchandise, money, representative or article of value, checks or tokens redeemable in, or exchangeable for, money or any other thing of value, or any additional free game or free play upon such machine, is or are or may be won or lost or taken from or obtained from such machine, or paid or to be paid or pretended to be paid or given or to be given or pretended to be given by any merchant, owner of such machine or any other person, when the result of action or operation of such machine, contrivance, appliance or mechanical device is dependent upon hazard or chance, or any combination of skill and chance wherein chance is the predominant factor.
The mere possession or control, either as owner, lessee, agent, employee, mortgagor or otherwise, of any pinball machine or marble machine, contrivance, appliance or mechanical device as defined in this section, 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 pinball machine or marble machine, contrivance, appliance or mechanical device as defined in this section might be an infraction of the laws of the state against lotteries, gaming or gambling.
(Prior code § 4-51; Ord. 2897 § 1, 1975)
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 pinball machine or marble machine, appliance or electrical or mechanical device as prohibited in Sections 9.28.010 and 9.28.100 through 9.28.150.
(Prior code § 4-52)
The provisions of Sections 9.28.010 and 9.28.100 through 9.28.150 are not intended to conflict with, but shall supplement all laws of the state prohibiting lotteries, gaming or gambling. These provisions shall be invoked by all law enforcement officers of the city whose duty it is to enforce the state laws against lotteries, gaming or gambling, when by operation of Sections 9.28.010 and 9.28.100 through 9.28.150 the use, ownership or possession, as defined in Section 9.28.100, of any such game or mechanical device or contrivance is prohibited by Sections 9.28.010 and 9.28.100 through 9.28.150, but might not be prohibited by the laws of the state.
(Prior code § 4-53)
The pinball machine or marble machine, contrivance, appliance or mechanical device the use or operation or possession of which machine is prohibited by Sections 9.28.010 and 9.28.100 through 9.28.150, is usually, but not exclusively, described as consisting of a table on legs, the table being in the shape of a box with the upper side covered by glass. Inside the box is a surface studded with pins, plugs, buffers, springs and holes. When a ball is released by a plunger upon the surface, the ball wends its way from the top to the bottom, and during the journey may fall into one of the numerous holes, or in its course along the surface of the table may hit many of the springs, pins or plugs, thereby and by means of electrical or other recordings, giving to the player a score or other result from the operation of such machine which indicates the probable or possible return to the player of any consideration mentioned in Section 9.28.100.
The description of the pinball machine or marble machine or other contrivance, appliance or mechanical device given in this section does not in any way limit the penal provisions of Section 9.28.100, and this section is not to be construed as making legal any pinball machine or marble machine or other contrivance, appliance or mechanical device which is prohibited by the general terms of Section 9.28.100, but which is not specifically described in this section.
(Prior code § 4-54)
In addition to any other remedy provided for violation of Sections 9.28.010 and 9.28.100 through 9.28.150, any machine, contrivance, appliance or mechanical device prohibited under Sections 9.28.010 and 9.28.100 through 9.28.150 may be seized by any of the officers designated by Section 335a of the Penal Code of the state, being officers whose duty it is to inform against and diligently prosecute offenses against gaming.
(Prior code § 4-55)
A notice of intention summarily to destroy machines or devices seized under the provisions of Section 9.28.140 shall, upon such seizure, be posted in a conspicuous place upon the premises in or upon which such machine or device was seized.
Such machines or devices shall be held by the seizing officer for thirty days after such posting, and if no action is commenced to recover possession of such machines or devices within such time, the same shall be summarily destroyed by such officer or, if such machines or devices are held by the court in any civil or criminal action to be in violation of Sections 9.28.010 and 9.28.100 through 9.28.150, the same shall be summarily destroyed by such officer after the decision of the court has become final.
Any money seized in connection with such machines or devices is to be paid into the treasury of the city for credit of the general fund immediately after such machines or devices have been so destroyed.
(Prior code § 4-56)
The violation of any provision of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4318 § 5, 1991)