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The following initiative ordinance is Ordinance No. 36674, approved June 5, 1917, by more than a majority of qualified electors of this City. The placing of this ordinance in this Code shall not be construed as altering, amending or repealing said ordinance. Any violation of the provisions of Ordinance No. 36674 shall not be deemed to be a violation of any of the provisions of this Code, but shall be deemed to be a violation of said Ordinance and punishable as therein provided.
“ORDINANCE NO. 36,674 (New Series)
An Ordinance prohibiting the shaking of dice for money or merchandise and prohibiting the keeping or permitting to be kept places for playing certain games in the City of Los Angeles not prohibited by Section 330 or 330a of the Penal Code, and prohibiting the playing or betting at such games.
The People of the City of Los Angeles do ordain as follows:
Section 1. It shall be unlawful for any person, either as principal, agent, employee or otherwise, to keep, conduct or maintain within the City of Los Angeles, any house, room, apartment or place used in whole or in part as a place where any game not mentioned in Section 330 or 330a of the Penal Code of the State of California is played, conducted, dealt or carried on, with cards, dice, billiard balls, pool balls, cues or other device, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value.
Section 2. It shall be unlawful for any person, either as principal, agent, employee or otherwise, knowingly to permit any house, room, apartment or place owned by the person or under the person’s charge or control, in said City of Los Angeles, to be used in whole or in part for playing, conducting, dealing or carrying on therein any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, with cards, dice, billiard balls, pool balls, cues or other device, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value.
Section 3. It shall be unlawful for any person to play or bet at or against any game not mentioned in Section 330 or 330a of the Penal Code of the State of California, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, cues, or other device, for money, checks, chips, credit or any other representative of value or for any merchandise or any other thing of value.
Section 4. That any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punishable by a fine of not less than ten ($10.00) dollars or more than One Thousand ($1,000.00) dollars, or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. (Amended by Ord. No. 160,063, Eff 7/28/85.)
Section 5. That Ordinance No. 18,984 (New Series), entitled “An Ordinance prohibiting the keeping of places for playing certain games and prohibiting the playing or betting of such games,” approved October 15th 1909, be and the same is hereby repealed; provided, however, that such repeal shall not affect any prosecution for violation of any provision of said Ordinance No. 18,984 (New Series) committed prior to the repeal thereof. That all other ordinances or parts of ordinances in conflict with this ordinance be and the same are hereby repealed.
I hereby certify that the foregoing ordinance was submitted for approval to a vote of the qualified electors of the City of Los Angeles, pursuant to the provisions of the Charter of said City, at the General Municipal Election held in said City on Tuesday, June 5, 1917, and that said ordinance was approved by more than a majority of the qualified electors of said City voting thereon at said election.
CHAS L. WILDE
City Clerk of the City of Los Angeles”
Notwithstanding the provisions of Ordinance No. 36,674 (New Series), now set forth as Section 43.01 of the Los Angeles Municipal Code, the City Council is hereby authorized to adopt an ordinance legalizing bingo games for charitable purposes in the City of Los Angeles in accordance with state law. (Ord. No. 149,508, approved by voters April 7, 1977.)
A. Definitions. For the purposes of this section, the following terms are defined as hereinafter set forth:
1. “Pin Game”: Any table, cabinet, or mechanism equipped for the playing of any game whereby any marble, ball, pellet or other moving object is propelled, released, rolled or shot along, over or above a surface set with pins, pegs or other obstructions or irregularities which deflect or impede the course of the moving object or which may divert or direct it beyond the control of the player.
2. “Marble Game”: Any table, cabinet or stand equipped for the playing of a game whereby marbles or balls are, with the aid of a mechanical plunger or other affixed device, propelled, released, shot or rolled so as to drop or come to rest in holes, slots, cups or traps, resulting in a score or tally being electrically or otherwise registered or shown which score or tally depends upon the course followed or point reached by the marble or ball or upon the contact points touched by it along its course, or upon any combination of such factors.
3. The phrase “Any game similar to a marble game” shall mean: “Balley-Alley” and any other miniature mechanical bowling game device, by whatever name called; any table, cabinet or mechanical device equipped for the playing of any game whereby any marble, ball, pellet or any moving object is propelled, rolled, shot or released toward a goal, pin, set of pins, or other objective by means of any plunger, ejector, mechanical bat, mechanical hand or by means of any other striking or releasing mechanism which is affixed or attached to the table or cabinet, or which is an integral part of the mechanical device or which is mechanically manipulated, controlled or guided, and which game is so contrived that, at the conclusion of the operation or play thereof the score or result of play thereof is visible or otherwise discernible so as to permit or make practicable the playing off or the awarding of a prize or reward upon the operation or play of the game.
4. “Claw, Hook, or Grab Machine”: Any amusement machine or device so designed that articles placed or heaped therein for the purpose of the game may be grabbed, hooked, or otherwise displaced, recovered or removed by the operation of any contrivance simulating in miniature a power shovel, clam shell, dragline or similar excavating tool or machine.
5. “Horse Racing Machine”: Any mechanically operated amusement machine or device contrived to simulate in miniature the running of a horse race or any other race run by beasts, humans or machines, or which is contrived to put in motion any number of objects or symbols which then do, or appear to, run or move against each other in the manner of a miniature race, or which is designed to represent, by symbols, the running of any race and the order of the finish thereof.
B. It shall be unlawful for any person to keep, maintain or possess in any place of business or in any place of public resort:
1. Any pin game, any marble game or any game similar to a marble game, any claw, hook or grab machine or any horse race machine, the operation of which game or machine is controlled, permitted or made available by placing therein a coin, plug, disc, key or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase.
2. Any mechanical device or mechanically operated contrivance for the playing of any game of chance, the use or operation of which is controlled, permitted or made available by placing therein any coin, plug, disk, key or token, or which is let for use, operation or play upon the payment or delivery of anything of value therefor, or upon the making of any purchase.
C. The provisions of this section shall not apply to the keeping, possessing or exhibiting of any such mechanical contrivance or device at or in any mercantile store in which such mechanical contrivances or devices are kept solely for sale and which mechanical contrivances or devices members of the public are not permitted or allowed to operate, manipulate or play except as incident to a demonstration for the purpose of sale. This section is not unconstitutional, although it pertains to machines in which a degree of skill may be developed.
This section is not unconstitutional, although it pertains to machines in which a degree of skill may be developed.
People v. Hambro, CR A 1856
People v. Eisenberg CR A 1900
People v. Chuba CR A 2391
A. Any machine, contrivance, appliance, device game, ticket, chance, share, interest, instrument or article operated, used, kept, possessed, placed or maintained in violation of the provisions of:
1. Section 330a of the Penal Code of the State of California; or
2. Any section enumerated in Part I, Title 9, Chapter 9 of the Penal Code of the State of California: or
3. Sections 43.00 to 43.16, inclusive, of the Los Angeles Municipal Code; is hereby declared to be a nuisance and shall be subject to abatement as hereinafter provided.
B. When any person has been convicted of or pleaded guilty to any violation of any ordinance of this City or of any law of this state, which offense involved the operation, use, maintenance or possession of any article declared by Subsection A hereof to be a nuisance, then such article shall be destroyed by the Chief of Police after the plea or after the judgment of conviction has become final.
If any article subject to destruction as hereinabove provided is in the custody of any court within this City, the Chief of Police shall cause an application to be made to the judge of said court for an order releasing such article to the Chief of Police in order that the Chief of Police may comply with this section.
No person shall visit, attend or resort to any office, house, room, tenement or other place where any lottery is contrived, prepared, set up, proposed, drawn or conducted or where lottery tickets are sold, offered for sale, given away, furnished or transferred.
A similar ordinance was held constitutional as a reasonable exercise of the police power.
People v. Aguinaldo, CR A 2770.
No person shall possess, exhibit or expose to view, when two or more other persons are present, any part of any faro box, any pique blocks or pique cards, any roulette, fan tan or craps equipment or any gambling layout whatever in any barred or barricaded house or room, or in any place built or protected in such a manner as to make it difficult of access or ingress to police officers.
No person shall resort to, attend or be in any house, room or other place where there is any gambling device, equipment or paraphernalia, which place is barred, barricaded, built or protected in such a manner as to make ingress or access difficult to police officers.
A substantially similar ordinance was held not in violation of any constitutional privileges nor unreasonable or oppressive because of infringement upon personal rights. “Barred and Barricaded” do not include ordinary private residences or rooms where doors are locked or bolted in the ordinary method.
Matter of Ah Chung, 136 Cal. 678 CR A 3440.
(Added by Ord. No. 111,074, Eff. 5/3/58).
It shall be unlawful for any person knowingly to visit, frequent, or be present at or within any house, room, apartment, stand or place used in whole or in part as a gambling house, or any place where any game is played, conducted, dealt or carried on with cards, dice, or other device for money, checks, chips, credit, pennants, cigars, candy, merchandise or other valuable thing, or representative of value; provided, however, this ordinance shall not apply to any police officer while in the exercise of their duties as such officer, nor to any person whose presence in any such place is necessary in the course of the person’s lawful business.
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