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Except as otherwise provided in this code, it is unlawful in the city for any person, firm, corporation or association, either as owner, lessee, manager, employee, agent or servant to conduct, manage, carry on, maintain, operate, open, deal or deal in, or to cause or permit to be conducted, managed, carried on, maintained, operated, opened, dealt or dealt in, any game, operation or transaction where any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein chance is a determining factor or is in any way a determining factor or the result of such game, operation or transaction, which game, operation or transaction played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having marked or designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, charter, character, symbol, letter, design or mark of any device, apparatus or equipment, or by any means or in any manner, or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disk, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark, any such figure, number, character, symbol, letter, design or mark hereinabove referred to, corresponding to, duplicating, referring to or relating to, in whole or in part, directly or indirectly, any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing, held, used, operated or maintained by any player or participant therein or by any person, where, by any predetermination or prearrangement, or by any rule, method, scheme, design or procedure any person is found, declared or determined to be, or is, or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation or transaction is or is to be played, conducted, carried on, maintained or operated, or to any place or premises.
Provided, however, that no provision of this section or of Section 9.24.040 or 9.24.050 shall be deemed or construed as prohibiting any act made unlawful by the provisions of Section 320 or 330 of the California Penal Code, or of any code section or general law of the state of California, it being the intent of the city council to prohibit by this chapter all games, operations, or transactions herein described, not otherwise prohibited by this code or the provisions of any general law or code of this state, including all games, operations or transactions for profit commonly known as Keno, Tango, Movie Tango, Beano, Sill Ball, Fortune, Quintain, Fascination or Inspiration, and games, operations or transactions similar thereto under whatever name they may be designated.
(Ord. 491 § 11, 1995; prior code § 4122).