The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Advance gambling activity."
A person advances gambling activity if, acting other than as a player, the person engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes but is not limited to conduct directed toward the creation or establishment of a particular game, contest, scheme, device or activity; the acquisition or maintenance of premises, paraphernalia, equipment or apparatus; the solicitation or inducement of persons to participate; the actual conduct of the playing phases; the arrangement or maintenance of the financial or recording phases; or any other phase of the operation of the activity.
"Contest of chance"
means a 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.
"Gambling"
means the staking or risking of something of value upon the outcome of a contest of chance or a sporting event, upon an agreement or understanding that someone will receive something of value in the event of a certain outcome. However, the term "gambling" does not include raffles, bingo and related activities of a bona fide nonprofit nature conducted under a valid and existing permit issued pursuant to law by the department of revenue of the state. The burden of proving that the act complained of falls within the latter exception shall be upon the person charged.
"Gambling device"
means a device, machine, paraphernalia or equipment that is used or usable in the playing phases of a gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine.
"Gaming scheme"
includes a lottery in which:
1. 
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;
2. 
The winning chances are to be determined by a drawing or by some other method wholly or partially based on an element of chance; and
3. 
The holders of the winning chances are to receive something of value.
"Social game"
means gambling in a home where no house player, house bank or house odds exist and where there is no house income from the operation of the game.
"Something of value"
means money or property; a token, object or article exchangeable for money or property; or a form of credit or promise directly or indirectly contemplating transfer of money or property or of an interest therein, or involving extension of a service or entertainment or a privilege of playing at a game or scheme without charge.
(CAC 8.26.010; AO No. 93-173(S), § 1, 2-24-1994; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2014-42, § 54, 6-21-2014)
It shall be an affirmative defense to prosecution under section 8.60.030, pertaining to engaging in gambling, section 8.60.040, pertaining to advancing gambling activity, section 8.60.050, pertaining to permitting gambling on own premises, and section 8.75.075, pertaining to remaining in a gambling place, that the gambling activity giving rise to the charge was a social game. It shall be a separate affirmative defense that the activity was limited to card games and did not involve sale of alcoholic beverages, and was not open to the public, and the premises was not used for aiding or abetting any illegal activities.
(AO No. 93-173(S), § 2, 2-24-1994; AO No. 98-59(S), § 1, 5-19-1998)
A. 
It is unlawful for any person to knowingly engage in gambling.
B. 
Violation of this section is a class B misdemeanor.
(CAC 8.16.020; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, § 10, 6-21-2014)
A. 
It is unlawful for any person to knowingly advance gambling activity.
B. 
Violation of this section is a class B misdemeanor.
(CAC 8.16.030; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, § 10, 6-21-2014)
A. 
It is unlawful for any person to knowingly permit gambling on premises owned, rented or occupied by the person.
B. 
Violation of this section is a class B misdemeanor.
(CAC 8.16.040; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, §§ 10, 54, 6-21-2014)
A. 
A person commits the offense of possession of a gambling device if, with knowledge of the character of the device, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of, a gambling device knowing that the device is used or is to be used in unlawful gambling.
B. 
It is an affirmative defense in a prosecution under this section that the gambling device possessed by the defendant was used or intended to be used only in a social game.
C. 
Violation of this section is a class B misdemeanor.
(AO No. 89-52; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, § 10, 6-21-2014)
A. 
Gambling devices which have been seized in a place where a violation of this chapter occurred may be destroyed by the police department:
1. 
If such devices could be used for no other purpose than as gambling devices; or
2. 
Upon judgment of a court of competent jurisdiction in a proceeding in rem that an item seized was used in or in aid of a violation of this chapter.
B. 
Items seized in a place where a violation of this chapter occurred may be forfeit under this section even though seized before the action described in subsection A.2 of this section was instituted.
C. 
It is no defense to an in rem action under subsection A.2 of this section that the person who had the items seized in the person's possession at the time and place of seizure has not been convicted in a criminal proceeding arising from the use of the devices seized.
D. 
An item forfeited under this section shall be disposed of at the discretion of the chief of police, except as otherwise provided in this Code. Money used in a gambling activity shall be transmitted to the general fund. If the chief of police directs that other items forfeit under this section be sold, proceeds of such sale shall be transmitted to the general fund.
(CAC 8.16.060; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2014-42, § 54, 6-21-2014)