Oakland Municipal Code Ch. 9.24 Gambling

For the purposes of this chapter certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended:

"Bet" and "betting" mean an agreement, ex- pressed 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 fact in dispute.

"Computerized sweepstakes device" shall mean any computer, machine, game, apparatus or similar device which upon insertion of a coin, token, access number, magnetic card or similar object, or upon payment of anything of value, may be operated by the public generally for use in a contest of skill, entertainment, amusement or chance whether or not registering a score, and which provides the user with a chance to win any cash payout or anything that could be redeemed, directly or indirectly for any cash payout or anything of value However, pinball, skeeball, and other amusement machines or devices that afford the opportunity of additional chances, free plays or nominal payments are not included within the term "computerized sweepstakes device."

Gambling. "To gamble" and "gambling" mean the playing at a game, device or contrivance in which the element of chance is the controlling factor, for stakes, or the betting on the result of any game, device or contrivance, whether it be one of skill or chance.

"Internet sweepstakes café" means any premises upon which a computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever.

"Public place" means any place or premises except a bona fide private dwelling or an apartment, suite or room which is used in good faith as the residence of one or more persons.

"Stake" means a fund or valuable thing or things contributed by two or more persons on an understanding, express or implied, that each one so contributing is to have a chance to gain a portion or all of such fund, thing or things, dependent upon the happening or not happening of some uncertain event.

(Ord. No. 13245, § 2, 7-15-2014; Prior code §§ 3-5.01—3-5.05)

The City Administrator shall have the power to adopt regulations to further the intent and purposes of this chapter in regards to computerized sweepstakes devices and internet sweepstakes cafes.

(Ord. No. 13245, § 2, 7-15-2014)

A. It is unlawful for any person in any public place within the city to gamble at cards, dice or any other game, device or contrivance, or to bet money upon the result of any game, or upon the occurring of a future contingency; or to knowingly visit any public place where gambling or betting is being carried on or conducted; or to knowingly keep, maintain or conduct, or contribute to the support of, any public place where gambling or betting is being carried on or conducted; or to knowingly let, or sub-let, or transfer the possession of, any premises for use for said purposes; or to entice or persuade any person or persons to visit any public place known by the person so inviting or enticing or persuading to be a place where gambling or betting is being carried on or conducted; or to buy or sell anything of value won in any game, or as the result of any bet, or as the result of the determination of any uncertain event.

B. Internet sweepstakes cafes are prohibited within the City.

C. It is unlawful for any person to establish, manage or otherwise engage in the business of operating an internet sweepstakes café.

D. It is unlawful for any person, either as owner, lessee, agent, employee, mortgagor, or otherwise, to permit any room, building or premises, or any furniture, fixtures, equipment or other article or anything of value to be used in the City for or in connection with any internet sweepstakes café.

E. The operation, conduct, or maintenance of an internet sweepstakes café is a public nuisance.

(Ord. No. 13245, § 2, 7-15-2014; Prior code § 3-5.06)

It is unlawful for any person to print, publish, distribute, circulate, sell, or give away, in the city, any chart, table, list, sheet, circular, or publication of any kind, giving, or purporting to give, or represented as giving any list, or probable or possible list, of entries for any horse race thereafter anywhere to take place, if there be printed as part thereof, or in connection therewith, or in any other publication, printing or writing accompanying the same, or referring thereto, or connected therewith, any tip, information, prediction, or selection or advice, as to any key, cipher or cryptogram indicating, containing or giving a tip, information, publication or selection of, or advice as to the winner or probable winner, or loser or probable loser, or the result or probable result of any such race, or the standing or probable standing of any horse therein, or any statement as to, or comment upon, or reference to, the form, condition or standing of, or the actual, probable or possible standing, past, present or future of the betting, wagering or odds upon or against any horse named in such list, or probable or possible list of entries, or to print, publish, distribute, circulate, sell or give away in the city any printed or written information, or pretended informational comment, tip, prediction, or reference, concerning any horse or horse race which will or may, or is designed to, aid, enable, encourage or assist any person to bet or wager, or to establish odds, or to lay a basis upon which to bet or wager, at any time thereafter, against any horse or upon any horse race.

(Prior code § 3-5.08)

It is unlawful for any person, or any social club or other club, in the city, to conduct or participate in any card game in any public place, or to which an admission fee is charged, unless such person, social club or other club shall have first obtained a permit from the Chief of Police of the city to conduct such card game. Such permit shall be granted by the Chief of Police only after an application therefor in writing has been made. Such permit shall be granted within seven days after such application is made unless it shall appear to said Chief of Police that the applicant is not a fit and proper person to hold such a permit, or the moral conditions associated with such applicant are detrimental to public morals. Such permit shall continue in full force and effect for a period of one year from and after the date it is issued unless within such period it shall be revoked for good cause by the Chief of Police; provided, further, that nothing herein shall prevent granting by the Chief of Police of a temporary permit to be effective for a period of seven days after the granting thereof.

(Prior code § 3-5.11)

It is unlawful for any person, whether as owner, agent, lessor, lessee or tenant, or otherwise, without first obtaining a permit so to do, to erect, construct or maintain any barred or barricaded house, or room, or a room or hall with double doors, or other place so built, constructed or protected as likely to be difficult of access or ingress to police officers or members of the Fire Department in the performance of their official duties, or to erect, hang or maintain, in or upon any building, any door made wholly of metal, or metal and wood, or any door composed of wood, or of wood, nails and glass, over two inches in thickness. No door or room shall without a permit be fastened by any bar or bars, prop or props, behind or across the same, or be secured otherwise than by a lock or locks, bolt or bolts.

(Prior code § 3-5.12)

Application for a permit provided for in Section 9.24.050 shall be in writing, specifying the purpose or reason for which it is sought, the location and character of, the premises involved, and the address of the applicant, and shall be filed with the City Clerk. Immediately upon filing, it shall be referred to the Chief of the Fire Department and the Chief of Police for investigation and report. Unless the Chief of the Fire Department or the Chief of Police shall within seven days after receipt of said application file with the City Clerk a written report that it should be denied on the grounds that such house or room or door by reason of its nature, location or purpose, specifying the objections thereto, has become or is likely to become a serious and needless or unreasonable obstruction or obstacle to members of the Fire Department or of the Police Department in extinguishing fires, making arrests or raids, or otherwise discharging their public duties, the permit shall be granted. Such permit may also be granted before the expiration of the seven-day period whenever the Chief of Police and the Chief of the Fire Department shall each file a written approval thereof.

(Prior code § 3-5.13)

Whenever any barred or barricaded house, or room, or door referred to in Section 9.24.050 shall be erected, maintained, or kept, under the authority of or by a permit provided for in Section 9.24.060, and the Chief of the Fire Department, or the Chief of Police shall file a written report with the Council setting forth reasons for revocation of such permit, the Council shall fix a time for the hearing of the same, and shall send notice to the holder of such permit to appear at such time and show cause why the said permit should not be revoked.

Within seven days after the denial of any application in the manner set forth in Section 9.24.060, the applicant may renew the application by filing it with the City Council and the Council shall fix the time for the hearing of the same.

In revoking, confirming, denying or granting any permit, the Council shall consider the application, the reports of the Chief of the Fire Department and the Chief of Police, and other attending facts and circumstances, and shall exercise a reasonable and sound discretion in the premises.

(Prior code § 3-5.14)

The permit provided for in Section 9.24.060 shall be in addition to any building permit which may be required under the building laws of the city. The granting of a permit by the Council to erect or maintain a public garage shall be understood to include authority to install necessary automatic fire doors of metal or of metal and other material.

(Prior code § 3-5.15)

Editor's note— Ord. No. 13425, § 2, adopted July 15, 2014, repealed § 9.24.090, which pertained to pinball machines and derived from the prior code §§ 3-5.17, 3-5.18.