No person shall write or cause to be written in any hotel or
motel register any other or different name than the true name of the
person or the name by which the person is generally known. The above
offense is punishable as a violation. Upon conviction in the municipal
court of the city for violation of this section, such person so convicted
shall be fined not less than $50.00 nor more than $720.00 for each
violation.
[Section 5.252 amended by Ordinance No. 6169, enacted May 15, 2006]
(1)
Social
Games Prohibited/Exception. “Social games,” as defined
in ORS 167.117 are prohibited within the corporate limits of the city
of Springfield, except:
(a)
Social
games between players in private homes or social games conducted by
charitable, fraternal, religious or non-profit organizations where
no house player, house bank or house odds exist and there is no house
income; and
(2)
“Non-Profit
Organization” Defined. For the purpose of this section, “non-profit
organization” means any person organized and existing for charitable,
benevolent, eleemosynary, humane, philanthropic, educational, civic
or other non-profit purposes. The fact that an organization does qualify
for charitable deduction for tax purposes or that organization is
otherwise exempted from payment of federal income taxes pursuant to
the Internal Revenue Code of 1954, as amended, constitutes prima facie
evidence that the organization is a non-profit organization.
(3)
“House” Defined. Includes owner of business, private club, or place of public accommodation, and owner’s spouse, children of owner or spouse, owner’s brothers, sisters, or parents, or a business in which one of the foregoing named individual is associated. A license for the house is required by section 5.258(3) of this code.
[Section 5.254 amended by Ordinance No. 6140, enacted August 1, 2005; further
amended by Ordinance No. 6169, enacted May
15, 2006]
(1)
No person shall consume controlled substances, as defined in ORS
475.005, on public property.
(2)
No person shall consume alcoholic liquor, as defined in ORS 471.001
on public property.
(3)
The prohibition set forth in subsection (2) does not apply to:
(a)
The consumption of alcoholic liquor in sidewalk cafes that have obtained permits pursuant to Section 7.302 of this Code.
(b)
The use of alcohol in street areas licensed for that purpose
by the Oregon Liquor Cannabis Commission and adherence to all relevant
Oregon Liquor and Cannabis Commission guidelines or regulations.
(c)
The consumption of medications, as directed by a prescriber,
as stipulated in ORS 414.351.
(4)
The term "consume" means the act of imbibing, injecting, ingesting,
inhaling, or otherwise introducing a substance into the human body.
(5)
The prohibition set forth in subsection (1) will take immediate effect if any of the following occurs:
(a)
The state of Oregon passes a law granting local jurisdictions
the power to regulate public consumption of controlled substances;
(b)
A court with appropriate jurisdiction determines that cities
can regulate the public consumption of such substances within their
boundaries; or
(c)
A regulatory body of the state of Oregon identifies or drafts
regulations allowing implementation.
(6)
Penalties.
[Section 5.256 added by Ord. No. 5872, January 20, 1998; amended by Ord. No. 6169, May 15, 2006; Ord. 6472, 1/29/2024]
(1)
Title.
This section is known as the “City of Springfield Social Gaming
Code/Texas Holdem Poker Card Tournament.” The purpose of this
section is to allow businesses, private clubs or places of public
accommodation to host “Texas Holdem Poker Card Tournaments.”
(2)
Social
Games Permitted. Texas Holdem Poker Card Tournaments as defined below,
other than lottery, between players in a private business, private
club or in a place of public accommodation where no house player,
house dealer, house bank or house odds exist, and there being no house
take (meaning no house income from the operation of the social gaming),
are hereby permitted as provided herein.
(a)
“Texas
Holdem Poker Card Tournament” Defined. Texas Holdem is a sevencard
poker card game. The players deal to each other and the deal passes
between players. There may be a set betting on the first round of
betting called “blinds.” The players at each table are
dealt two cards face down. After a round of betting, three community
cards are turned face up in the middle of the table. This action is
called the “flop.” Players may fold at any time. After
the flop is turned face up, there is another round of betting. A fourth
community card is turned up next to the flop. This is known as the
“turn.” Another round of betting ensues. Finally, a fifth
community card is turned up next to the turn. This is known as the
“river” or “fifth street.” A round of betting
follows. There is no limit on the amount a player can bet at any time.
Therefore, a player can bet all of his or her chips or move all in
any round of betting.
(b)
“Buy In” Defined. In tournament-style Texas Holdem, all players who play in the tournament pay the same exact buy in fee. The tournament winners split up the buy in fee as the winnings pursuant to terms agreed upon before the tournament begins. No other winnings or compensation to the players is permitted other than the buy in fees. No more than two buy in fees are permitted, one during the initial buy in for participation in the tournament and a second buy in optional with the tournament organizer for players during the tournament. The buy in fee is limited as set forth in section 5.258(9)(1) of this code.
(c)
“Springfield
Social Gaming Code,” Other Definition. Unless the context requires
otherwise, all terms set forth in this chapter shall have the same
meaning as set forth in ORS 167.117.
(3)
License
Required for Social Games. Any person(s), business, private club,
nonprofit organization or place of public accommodation desiring to
permit patrons or invitees to engage in Texas Holdem Poker Card Tournaments
within the city of Springfield and any tournament organizer shall
acquire and maintain a valid license from the city. Licenses shall
be granted only upon application to the city and upon approval of
the city manager’s office. Licenses shall be renewed annually
not later than July 1 of each year; provided further, that there shall
be no prorating of any license fee for license applications made at
other times throughout the year.
(4)
Application
for License and Investigation—Application Requirements. Before
a license for Texas Holdem Poker Card Tournaments may be granted by
the city manager’s office, an applicant must submit an application
for license to the city manager’s office with the following
information and allow investigation to be made there upon. A completed
applicant form must include the true names, dates of birth, social
security numbers and addresses of all persons financially interested
in the business and/or all persons who are either on the board of
directors of or hold offices in the entity or organization. The term
“persons financially interested in the business” shall
include all persons who share in the profits of the business or in
social gaming activities located, on the basis of gross or net revenue,
including landlords, lessors, lessees, any owners of the building,
fixtures or equipment used in the social game. The application shall
also include names, dates of birth, social security numbers and addresses
of all tournament sponsors, if different from person financially interested
in the business.
(5)
Application Renewal. The grantee of the social gaming license must notify the city manager’s office within 10 days of any change in persons financially interested in the business, or in the names of any persons who are either on the board of directors or hold offices in the entity or organization and request a renewal of its license. At the time of such request, the applicant shall submit the information required by subsection 4 of this section regarding application requirements.
(6)
License
Fee. For each business or other entity or organization license (including
tournament organizer), an annual $100.00 fee shall be required. The
city council of the city of Springfield may modify this fee at any
time.
(7)
Standards
for Issuance of License. The city manager’s office shall either
approve the application and grant the license applied for, or deny
the application and refuse to grant the license. The license shall
not be granted, or if so be temporarily revoked or suspended, if any
applicant or any person(s) financially interested in the business,
entity or organization have:
(a)
Supplied
any false or misleading information in the application or omitted
any request of information from the application;
(b)
Pled
no contest or have been convicted of any felony within the last 10
years;
(c)
Had
a license in his/her name revoked or suspended three times by Oregon
Liquor Control Commission (OLCC), either of which was in the last
five years;
(d)
Been
convicted and is currently on parole for any crime involving or related
to gambling;
(e)
Had
two or more convictions within five years for gambling-related activities;
or
(f)
Violated
any provision of this chapter.
(8)
License
Not Transferable. No license shall be assigned or transferred; any
such attempt shall void the license.
(9)
Responsibilities
of Licensee. It shall be the responsibility of the licensee to insure
that:
(a)
No
form of unlawful gambling is permitted upon the licensed premises;
(b)
Texas
Holdem Poker Card Tournaments are conducted consistent with the provisions
of state law, city ordinances and this section, including the limit
section below;
(c)
Limitations: There shall be no house player, house bank, house dealer, house odds, and there shall be no income from the operation or buy in fees of the Texas Holdem Poker Card Tournament and tournament organizers may not charge any fee to players or participants in Texas Holdem Poker Card Tournaments as described in the SMC other than the buy in fee described in section 5.258(2)(b).
(d)
There
are to be no off-premises signs advertising gambling, card playing
or social games. Advertisement in print or air wave media is authorized;
(e)
The
playing of social games shall be arranged as to provide equal access
and visibility to any interested party. The buy in fee for each player
must be the same amount per tournament;
(f)
No
person under 18 years of age shall be permitted to participate in
the social game;
(g)
No
charge, other than a buy in fee shall be collected from a player for
the privilege of participating in a game;
(h)
No
player shall be charged a price for any consumer goods which is higher
or lower than the price charged to non-participants, or that is normally
charged;
(i)
A copy of this chapter, SMC section 5.258, “The Springfield Social Gaming Code/Texas Holdem Poker Card Tournament,” and the social gaming license of the license holder shall be posted in a conspicuous place near the area where the games are to be played;
(j)
The
room or enclosure where the tournaments take place is open to free
and immediate access by law enforcement officers. Doors leading into
the room or enclosure remain unlocked during all hours of operation;
(k)
Tournaments
are to be conducted in the normal operating hours of any private business,
private club or in a place of public accommodation. Furthermore, no
social game is to be conducted between the hours of 2:00 a.m. and
10:00 a.m. on any day;
(l)
Buy
in Limitation. No tournament may charge a player a total buy in fee,
greater than $100.00 in a 24-hour period. No other winnings or compensation
to the players is permitted other than the buy in fee;
(m)
In
a Texas Holdem Poker Card Tournament, no more than two buy in fees
are permitted per player, per tournament, one during the initial buy
in for participation and the tournament, and a second buy in optional
with the tournament organizer for players during the tournament. The
total sum of one or two buy ins may not be greater than $100.00 for
any single player in a 24-hour period.
(10)
Tournament
Format Required. All Texas Holdem Poker Card Tournaments’ social
games shall utilize a tournament format. A tournament format shall
include the following:
(a)
Except for the buy in fee described in section 5.258(2)(b), no fee may be charged to the players and paid to the house or tournament organizer.
(b)
A set buy in fee;
(c)
Players and card game shall receive in-game currency represented
by chips (poker-type) which shall be non-redeemable;
(d)
Participants shall compete for awards corresponding to a participant’s
relative standing at the conclusion of the tournament;
(e)
All fees and monies taken in for the tournament shall be paid back
to the contestants at the conclusion of the tournament; and, therefore
the house licensee, private business owner, manager, tournament organizer
etc., shall take no part of the buy in from the tournament players
as profit or expenses etc.
(11)
Terms
of the License. All licenses issued hereunder shall be for a period
of one year and shall be renewed annually not later than July 1 of
each year. Licenses are not transferable and must be reapplied for
not later than July 1 of each year. Persons applying for licenses
must submit an application and the appropriate fee. All persons securing
a license shall be required to pay an annual fee of $100.00 There
shall be no proration for licenses applied for or renewed after July
1 regarding the annual fee. All renewals shall be approved by the
city manager’s office. (12)
Revocation of License. A license is subject to revocation at
any time for violation of this chapter or any provisions of state
law related to gambling. If at any time facts arise or become known
to the city manager’s office which are sufficient to show the
violation of this chapter or state law, the city manager’s office
shall notify the licensee in writing that the license is to be revoked
and that all social gaming activities must cease within 10 days. The
violations need not lead to a conviction, but must establish a reasonable
doubt about the “licensee’s ability to perform the license
activity without danger to property or public health or safety or
violation of this chapter.” The notice of revocation shall state
the reasons for the revocation, set a period of not less than 30 days
before social gaming activities can recommence and inform the licensee
of the procedures for filing an appeal.
(13)
Suspension of License. Upon determining that a licensed activity
presents an immediate danger to persons or property, or that a license
holder is in violation of any provisions of state law related to gambling
or violation of this chapter, the city manager may suspend the license
for the social gaming activity. The suspension shall take effect immediately
upon notice being received by the licensee, or being delivered to
the licensee’s business address as stated on the licensee’s
application for the license that is being suspended. The notice shall
be mailed to the licensee and state the reason for the suspension
and inform the licensee of the procedures for filing an appeal. The
city manager may continue the suspension for as long as the reason
for the suspension exists, or until a decision is made by the appellate
authority on appeal regarding the suspension concludes the matter.
(14)
Appeals.
Appeals of revocation or suspension shall be made to the city manager
of the city of Springfield. Upon decision by the city manager, a final
appeal regarding suspension or revocation of the license will be submitted
to the Springfield city council. The person whose license is being
suspended or revoked will have the opportunity to present his/her
side to the Springfield city council for final decision at an open
public council meeting.
(15)
Penalty.
In addition to the suspension or revocation by the city manager of
any license hereunder, any licensee, firm, corporation, business,
association or person(s) associated with the licensee who violates
any provision of this chapter, may upon conviction, be fined in the
amount not to exceed $500.00 for each violation. Upon conviction,
a license may be revoked by the Springfield Municipal Court. Each
day that a violation is permitted to occur may be considered a separate
violation and a separate penalty may be applied.
[Section 5.258 added by Ordinance No. 6140, enacted August 1, 2005; amended
by Ordinance 6184, enacted September 18,
2006]
(1)
It shall
be unlawful for any person eight years of age or older to expose their
genitalia while in a public place or place visible from a public place,
if the public place is open or available to persons of the opposite
sex.
(2)
Public
place may include but is not limited to: city streets, public and/or
city parks, schools and school grounds, city and/or other government
property and premises open to the public as not excluded in the following
section.
(3)
An exclusion
to the above described violation exists for: privately owned adult-only
businesses such as: taverns/bars/clubs which cater to an adult cliental.
Therefore, excluded from the above described violation for public
nudity/indecent exposure are employees or independent contractors
hired to perform at the establishment, engaging in adult nude or erotic
dancing as part of the adult-only private business enterprise.
(a)
Note:
Customers at such businesses/establishments are not included or protected
by this exception.
(4)
Violation
of this offense shall be punishable by a fine of no more than $720.00.
[Section 5.259 added by Ordinance No. 6164, enacted May 15, 2006]
