CHAPTER 15

GAMBLING

6-15-1:  LEGISLATIVE DECLARATION; CONSTRUCTION
6-15-2:  DEFINITIONS
6-15-3:  UNLAWFUL ACTS

6-15-1:  LEGISLATIVE DECLARATION; CONSTRUCTION:  (1944)

(A) It is declared to be the policy of the City Council, recognizing the close relationship between professional gambling and other organized crime, to restrain all persons from patronizing such activities in this City; to restrain all persons from patronizing such activities when conducted for the profit of any person; to safeguard the public against the evils induced by common gamblers and common gambling houses; and at the same time to preserve the freedom of the press and to avoid restricting participation by individuals in sport and social pastimes which are not for profit, do not affect the public, and do not breach the peace.

(B) All the provisions of this Chapter shall be liberally construed to achieve these ends and administered and enforced with a view to carrying out the declaration of policy stated in subsection (A) of this section.

6-15-2:  DEFINITIONS:  (1944)  The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

“Gain” shall mean the direct realization of winnings; “profit” means any other realized or unrealized benefit, direct or indirect, including without limitation benefits from proprietorship, management, or unequal advantage in a series of transactions.

“Gambling” shall  mean risking any money, credit, deposit, or other thing of value for gain, contingent in whole or in part upon lot, chance, the operation of a gambling device, or the happening or outcome of an event, including a sporting event, over which the person taking a risk has no control, but does not include:  (1)  Bona fide contests of skill, speed, strength, or endurance in which awards are made only to entrants or the owners of entries; or (2) Bona fide business transactions that are valid under the law of contracts; or (3) Other acts or transactions now or hereafter expressly authorized by law; or (4) Any game, wager, or transaction that is incidental to a bona fide social relationship, is participated in by natural persons only, and in which no person is participating, directly or indirectly, in professional gambling.

“Gambling Device” shall mean any device, machine, paraphernalia, or equipment that is:  (1) Used or usable in the playing phases of any professional gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine; or (2) Any so-called “slot machine” or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and

(a) That when operated may deliver, as the result of the application of an element of chance, any money or property, or
(b) By the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or

(3) Any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufactured primarily for use in connection with gambling, and

(a) That when operated may deliver, as the result of the application of an element of chance, any money or property, or
(b) By the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or

(4) Any subassembly or essential part intended to be used in connection with any such machine or mechanical device, but which is not attached to any such machine or mechanical device as a constituent part.

“Gambling Information” shall mean a communication with respect to any wager made in the course of, and any information intended to be used for, professional gambling.  In the application of this definition, the following shall be presumed to be intended for use in professional gambling:  information as to wagers, betting odds, or changes in betting odds.  Legitimate news reporting of an event for public dissemination is not gambling information within the meaning of this Chapter.

“Gambling Premises” shall mean any building, room, enclosure, vehicle, vessel, or other place, whether open or enclosed, used or intended to be used for professional gambling.  In the application of this definition, any place where a gambling device is found is presumed to be intended to be used for professional gambling.

“Gambling Proceeds” shall mean all money or other things of value at stake or displayed in or in connection with professional gambling.

“Gambling Record” shall mean any record, receipt, ticket, certificate, token, slip, or notation given, made, used, or intended to be used in connection with professional gambling.

“Licensed Premises” shall mean any business required to obtain a business license pursuant to this Code.

“Professional Gambling” shall mean:  (1)  Aiding or inducing another to engage in gambling, with the intent to derive a profit therefrom; or (2)  Participating in gambling and having, other than by virtue of skill or luck, a lesser chance of losing or a greater chance of winning than one (1) or more of the other participants.

6-15-3:  UNLAWFUL ACTS:  (1944)

(A) It shall be unlawful for a person to engage in gambling.

(B) It shall be unlawful for a person to own, manufacture, sell, transport, possess, or engage in any transaction designed to affect the ownership, custody, or use of a gambling device or gambling record, knowing that it is to be used in professional gambling.

(C) It shall be unlawful to knowingly transmit or receive gambling information by telephone, telegraph, radio, semaphore, or other means or to knowingly install or maintain equipment for the transmission or receipt of gambling information.

(D) It shall be unlawful for any owner, lessee, agent, employee, operator or occupant of premises to knowingly maintain, aid or permit the maintaining of gambling premises.

(E) It shall be unlawful for any owner, lessee, agent, employee, operator or occupant of licensed premises to knowingly:

(1) Provide or sell play money, script, chips or tokens for use by social gamblers.

(2) Exchange or purchase play money, script, chips or tokens for prizes, items of value, United States currency, bank check or other form of money.

(3) Allow social gamblers to play card games, unless the players deal the cards themselves and the deal changes players before each hand.

(4) Allow any non-player to deal cards.

(5) Allow any social gambler to receive a tip or other form of compensation in exchange for dealing cards.

(6) Receive any portion of tips or other form of compensation from social gamblers or dealers.

(7) Allow social gamblers or dealers to pay the expenses of possessing or maintaining the licensed premises.

(8) Award prizes, money or any other thing of value in connection with the playing of games of chance.

(9) Permit the suppliers of gambling equipment or personnel to be paid based on any type of “cut,” “rake,” or percentage of revenue received by the owner, lessee, agent, employee, operator or occupant of the licensed premises.

(F) A violation of any provision of this Section shall be a criminal offense.