Social games, as defined in ORS 167.117 are prohibited within the city limits of the City of Brownsville except:
A. 
Social games between players in private homes or social games conducted by charitable, fraternal, religious or nonprofit organizations where no house player, house bank or house odds exist and there is no house income; and
B. 
Pursuant to this City of Brownsville social gaming/Texas Hold 'Em poker card tournament chapter.
(Ord. 709 § 1(A), 2007)
For the purpose of this chapter, "nonprofit" means any person organized and existing for charitable, benevolent, humane, education, civic, or other nonprofit purposes. The fact that an organization does qualify for charitable deduction for tax purposes or that the organization is otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code, as amended, constitutes prima facie evidence that the organization is a nonprofit organization.
(Ord. 709 § 1(B), 2007)
"House" includes the owner of a business, private club, or place of public accommodation, and the owner's spouse, children of the owner or spouse, the owner's brothers, sisters, or parents, or a business in which one of the foregoing named individuals is associated. A license for the house is required by BMC § 5.10.070.
(Ord. 709 § 1(C), 2007)
"Tournament organizer" means a person or otherwise other than the "house" who organizes the tournament including, but not limited to, the providing of gaming supplies such as poker chips and playing cards.
(Ord. 709 § 1(D), 2007)
The City of Brownsville Social Gaming/Texas Hold 'Em Poker Card Tournament. The purpose of this chapter is to allow businesses, private clubs or places of public accommodation to host "Texas Hold 'Em poker card tournaments."
(Ord. 709 § 2(A), 2007)
Texas Hold 'Em 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 Hold 'Em Poker Card Tournament" Defined. "Texas Hold 'Em" is a seven-card 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 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 chips or move "all in" any round of betting.
B. 
"Buy In" Defined. In tournament style Texas Hold 'Em, 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" or optional "re-buy" and/or "add-on" fees. No more than three total fees are permitted, one during the initial "buy in" for participation in the tournament, and an optional "re-buy" and "add-on" depending on the tournament organizer or house for players during the tournament. The associated fees are limited as set forth in BMC § 5.10.120(L) and (M).
C. 
"Re-Buy" Defined. A "re-buy" fee is an amount charged to players who exit the tournament usually in the first round of play. Tournament organizers set a "re-buy" fee at the beginning for the tournament if they choose to allow this option.
D. 
"Add-On" Defined. Tournament organizers, at their option, may provide an "add-on" to players in the tournament. This allows players at the end of the first round of play to purchase additional chips to "add-on" to the amount they have already accumulated.
E. 
"Pay-Out Structure" Defined. Tournament organizers break down the amount to be paid to each winning player and determine the number of players to pay. The total associated fees shall be divided among the winning players as set by the tournament organizer.
F. 
Brownsville Social Gaming Chapter. Unless the context requires otherwise, all terms set forth in this chapter shall have the same meaning as set forth in ORS 167.117.
(Ord. 709 § 2(B), 2007)
Any person(s), business, private club, nonprofit organization or place of public accommodation desiring to permit patrons or invitees to engage in a Texas Hold 'Em poker card tournament within the City of Brownsville 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 Administrator. Licenses shall automatically renew annually unless a new permit is necessary.
(Ord. 709 § 2(C), 2007; Ord. 729 § 1, 2010)
Before a license for a Texas Hold 'Em poker card tournament may be granted by the City Administrator, the applicant must submit an application for license to the City with the following information. A completed applicant form must include the true names, dates of birth, driver license number and state, and addresses of all persons financially interested in the business and/or all persons who are either on the board of directors 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 game 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(s) financially interested in the business.
(Ord. 709 § 2(D), 2007)
The grantee of the social gaming license must notify City Hall within 10 days of any change in a person's financial interest 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.
(Ord. 709 § 2(E), 2007)
The City Administrator 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) financial interest in the business, entity or organization have the following:
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. 
Has been convicted of five misdemeanors or major traffic offenses totaling five, the last of which was within five years of the date of this application;
D. 
Has two or more convictions within five years of gambling-related activities;
E. 
Had a license in her/his name revoked or suspended three times by the Oregon Liquor Control Commission (OLCC), either of which was in the last five years;
F. 
Been convicted and is currently on parole for any crime involving or related to gambling; or
G. 
Violated any provision of this chapter.
(Ord. 709 § 2(F), 2007)
It shall be the responsibility of the licensee to ensure that:
A. 
No form of unlawful gambling is permitted upon the licensed premises;
B. 
Texas Hold 'Em poker card tournaments are conducted consistent with the provisions of State law, City ordinances and this section including the limitations section below;
C. 
Limitations. There shall be no house player, house bank, house dealer, house odds and there shall be no house income from the operation of any of the associated fees of the Texas Hold 'Em poker card tournaments;
D. 
There are to be no off-premises signs advertising gambling, card playing or social games. Advertisement in print or airwave media is authorized;
E. 
The playing of social games shall be so arranged as to provide equal access and visibility to any interested party. The "buy in" fee and other optional fees for each player must be the same amount per tournament;
F. 
No person under 21 years of age shall be permitted to participate in the social game;
G. 
No charge, other than associated tournament fees, 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 nonparticipants or that is normally charged;
I. 
A copy of the City of Brownsville social gaming/Texas Hold 'Em poker card tournament ordinance codified in this chapter and the social gaming license shall be readily available where any such tournaments are being conducted;
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 must remain unlocked during all hours of operation;
K. 
Tournament fees are to be collected during 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 11:30 p.m. and 11:00 a.m. on any day;
L. 
Fee Limitation. All associated fees as defined may not exceed an amount greater than $100.00 in a 24-hour period;
M. 
In a Texas Hold 'Em poker card tournament no more than the three defined, associated fees are permitted per player, per tournament, one during the initial "buy in" for participation in the tournament, and a second "re-buy" and a third "add-on." The latter two fees are optional with the tournament organizer or house for players during the tournament. The total sum of the fees may not be greater than $100.00 for any single player in a 24-hour period.
(Ord. 709 § 2(H), 2007; Ord. 778 § 1, 2019)
All Texas Hold 'Em poker card tournament social games shall utilize a tournament format. A tournament format shall include the following:
A. 
A set "buy in" fee; if "re-buy" or "add-on" fees are allowed as part of the game, then they must be set prior to commencing said game;
B. 
Players shall receive in-game currency represented by poker chips which shall be nonredeemable;
C. 
Participants shall compete for awards corresponding to a participant's relative standing at the conclusion of the tournament;
D. 
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. Tournament pay-out structure shall be listed prior to the beginning of the tournament.
(Ord. 709 § 2(I), 2007)
All licenses issued hereunder shall be for a period of one year and shall be renewed on the first business day of January of each year thereafter. Licenses are not transferable and must be reapplied for at least 30 days prior to the renewal date each year. All renewals shall be approved by the City Administrator.
(Ord. 709 § 2(J), 2007)
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 City Hall which are sufficient to show the violation of this chapter or State law, the City Administrator 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 of 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.
(Ord. 709 § 2(K), 2007)
Upon determining that a license 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 Administrator 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 Administrator may continue the suspension for as long as the reason for the suspension exists, or until a decision is made by the City Council on appeal regarding the suspension.
(Ord. 709 § 2(L), 2007)
Appeals of revocation or suspension shall be made to the City Administrator and shall be filed within 20 days or such action shall be deemed final and conclusive. Upon decision by the City Administrator, a final appeal regarding the suspension or revocation of the license will be to the Council. The person whose license is being suspended or revoked will have the opportunity to present her/his side to the Brownsville City Council for final decision at an open public Council meeting. The City Administrator will serve notice of at least 20 days prior to the Council meeting to the licensee. Such notice shall include the time and date of the Council meeting and the grounds upon which the permanent revocation is sought.
(Ord. 709 § 2(M), 2007)
In addition to the suspension or revocation by the City Administrator 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 Brownsville Municipal Court. Each day that a violation is permitted to occur may be considered a separate violation and a separate penalty may be applied.
(Ord. 709 § 2(N), 2007)