Chapter 124 — SIMULATED GAMBLING DEVICES

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PERSON. An individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer, or manager of an association, partnership, joint venture, corporation, or other organization.

SIMULATED GAMBLING DEVICE. Any device that, upon connection with an object, is available to play or operate a computer simulation of a game, where the play or operation of the device may deliver or entitle to a person or persons playing or operating the device to a payoff directly or indirectly from the owner or operator of the device or that person's designee. The following rules of construction apply to the definition of "simulated gambling device":

(1) DEVICE. Any mechanical or electrical contrivance, computer, terminal, video, or other equipment that may or may not be capable of downloading games from a central server system, machine, computer, or other device or equipment. The meaning of device also includes any associated equipment necessary to conduct the operation of the device.

(2) UPON CONNECTION WITH. The insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device, including by manual input by any person of characters, numbers, or any combination thereof, or other code for the purpose of accessing or activating a device, or any other mechanism or method by which the object provides access to the device.

(3) OBJECT. A coin, bill, ticket, token, card, characters, numbers, or any combination thereof, other code, or other tangible or intangible access mechanism or method, obtained directly or indirectly through payment of consideration, or obtained as a bonus or supplement to another transaction involving the payment of consideration.

(4) PLAY OR OPERATE or PLAY OR OPERATION. Includes the use of skill, the application of the element of chance, or both.

(5) COMPUTER SIMULATION. Includes simulations by means of a computer, computer system, video display, video system or any other form of electronic video presentation.

(6) GAME. Includes slot machines, poker, bingo, craps, keno, any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest, or other promotion, lotto, an any other game associated with gambling or which could be associated with gambling. "Game" does not necessarily imply gambling as that term may be defined elsewhere.

(7) PAYOFF. Is cash, monetary or other credit, billet, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually.

(8) GAMBLING. In the term "simulated gambling device" is for convenience of reference only. "Simulated gambling device" as used in this chapter is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere. (Ord. 2014-014, passed 12-9-14)

(A) Every person who manages, supervises, maintains, provides, produces, possesses or uses one or multiple simulated gambling device(s) for commercial purposes is guilty of a misdemeanor. Each individual act to manage,

supervise, maintain, provide, produce, possess or use a simulated gambling device constitutes a separate violation of this section.

(B) An individual is not prohibited from personal, recreational, and noncommercial ownership, possession, play, operation, or use of a device which could be construed to be a simulated gambling device.

(Ord. 2014-014, passed 12-9-14)

Nothing in this chapter is intended to conflict with the provision of state law concerning gambling, slot machines, gambling devices, or lotteries. In the event of a direct and express conflict between this chapter and state law, California law, as applicable, controls.

(Ord. 2014-014, passed 12-9-14)