(a) Definitions. As used in this article:
1. “GAME OF SKILL AND SCIENCE” means any game of amusement, but not including athletic sporting events, which is participated in by one or more players for any prize, gift or award of anything of value where or when any charge is made by the persons conducting, operating or maintaining such game, or any consideration is paid by any player for the right to play or participate in any such game, and the dominating factor in determining the result of such game is dependent upon the skill of the player or players and not upon chance, provided, that in any case where the result of such game may be dependent to some extent upon the judgment, intelligence or adroitness of the player, but nevertheless the dominating factor in determining the result of such game is chance. Such a game shall not be considered as a game of skill and science, but shall be considered as a game of chance.
(b) Permit Required. No person shall engage in, manage, operate, maintain, conduct, carry on or permit, suffer or allow the operation, maintenance, conducting or carrying on of any game of skill and science without a written permit from the Board.
(c) Findings of Board. If the Board finds that the game proposed to be conducted is a game of skill and science and that such game is not prohibited by the provisions of Chapter 10, Part 1, of the Penal Code of the State of California, or any other law of the State of California, or any law of the City, and that the conducting, operating or maintaining of such game at the location described in the application will comport with the public welfare, the Board may grant such application and issue a permit to conduct the same.
If in making its determination of the questions as to whether the game proposed to be operated, conducted or maintained is a game of skill and science or a game of chance, the Board is of the opinion that although the result of such game is dependent to some extent upon judgment, practice, intelligence or adroitness on the part of participants in such game but nevertheless the dominating factor in determining the result of such game is chance, the Board shall find that the proposed game is a game of chance and not a game of skill and science, the application for permit shall be denied.
(d) Permits – Conditions. Any such permit shall be issued upon and subject to the following conditions:
1. That such permittee will not permit, suffer or allow the game authorized to be played in any manner other than the manner described in detail in the application.
2. That no equipment, apparatus, device, material or contrivance of any kind be used in the conduct of or playing of such game that is not described or referred to in the application.
3. That such permittee shall not give or award any prize, award, or gift to any participant in any such game which is money, tokens, checks, warrants, certificates, or chips exchangeable for money by the permittee, the permittee’s agent or employees; provided, that chips or tokens redeemable in or exchangeable for merchandise or the right to further participation in such game, may be used in playing the game authorized hereby;
4. That such permittee will not and does not enter into any agreement, combine or understanding with any person whatsoever to the effect that either the permittee, the permittee’s agent or someone acting for and on behalf of the permittee as contractor, or otherwise, will buy any gift, prize or award given or awarded to any participant in any game, or exchange any such gift, prize or award for money.
Each of said conditions shall be incorporated in and made a part of each permit issued hereunder.
No person shall conduct, operate or maintain any such game, or permit, suffer or allow the conducting, operation or maintenance of any game in any manner or mode except in accordance with and in strict conformance with all of the conditions set forth in this subsection.
(e) Summary Revocation. If the permittee, the permittee’s agent, employee or servant acting for and on behalf of such permittee in connection with the operation, maintenance or conduct of any game, is convicted in any court of having violated any law of the State of California prohibiting or regulating gaming, or of having violated any of the laws of this City prohibiting or regulating gaming, all permits therefore issued to such permittee shall be revoked by the Board immediately upon the filing of a certified copy of final judgment of conviction of the court with the Board and without hearing or previous notice.
(f) Games Prohibited by Law. No permit issued by the Board shall authorize the conduct of any game which is prohibited by the Penal Code of California or any other law of the State of California or of this City. Any permit issued in violation of the provisions of this section shall be void.
(g) Public Hearings. (Amended by Ord. No. 137,649, Eff. 1/6/69.) The Board shall require a public hearing prior to taking action on an application for a permit pursuant to this section. The applicant shall cause to be published a notice of public hearing two times at intervals of not less than five days, within the 21-day period following the filing of an application, in a newspaper of general circulation in the district where the business is to be located. The Board shall cause a suitable public notice to be posted at the location where the business is to be conducted. The applicant shall bear all expense involved in printing, publishing and posting such notice. Such public notice shall conform to rules and regulations adopted by the Board and shall be designed to inform the public as to the nature of th business to be engaged in, its location, the names of the applicant or applicants, the time of the public hearing and the right of persons objecting to be heard. Any interested person may file written protests or objections or appear at the hearing. The Board shall give consideration to all such protests in reaching a decision on such application.