A. Engaging In Gambling Prohibited. It is unlawful to play at, run or operate any game or games of chance, keno, fargo, monte, passfore, passmonte, twenty-one, roulette, chuck-a-luck, hazard, fan tan, poker, stud poker, red and black, high and low, craps, black jack or any other game of chance played with dice, cards, punch boards, slot machines or any other gaming device for money or anything of value in the city.
B. Operating Gambling Establishment Prohibited.
1. The business of gambling or the establishment of a gambling place within one mile of the city is declared to be an offensive or unwholesome business or establishment and is prohibited. Any person who engages in or establishes any gambling game by whatever name or by whatever device within the area above specified is deemed guilty of a violation of this section.
2. Any person who is the owner or possessor of any game mentioned in the subsection A or any person engaged in operating any such game or knowingly supplying any such game with cards or dice or other devices or who is in actual possession and control as owner, lessee or otherwise of the premises upon which any such game is run or operated or who shall knowingly lease premises so to be used or who, having leased such premises, knowingly permits the same so to be used, shall be guilty of a violation of this section.
3. Any person or the members of an organization or club who manages, controls or banks any such game as enumerated in this section or who takes or receives any money or thing of value or anything representing value for himself, themselves, or such organization or club or for any other person for such game to buy drinks, cards or for expenses of the game or for running such game or for any other like or similar person, shall be deemed an operator of the game.
C. Complaint, Warrant, Arrest.
1. Upon filing with the municipal judge of an affidavit in writing made by any citizen that gambling, as prohibited by this section, is being conducted in any building, room, premises or place, describing the same sufficiently for identification, it shall be the duty of the municipal judge to immediately issue a warrant commanding the police to whom such warrant is addressed to enter and search such building, room, premises or place. In the event such place is being used for purposes prohibited by this section, he shall arrest, without a warrant, the parties therein or making their escape therefrom who would be subject to arrest with a warrant, and take possession of any gambling paraphernalia, devices or equipment found therein and shall hold the same until the owner or possessor of such paraphernalia, devices or equipment shall be deprived of possession thereof by law.
2. All money on any table, in any machine or paraphernalia of any kind or description used for gambling purposes or in connection therewith, shall be subject to seizure by any officer of the police department. Such money, tables, machines, or other gambling paraphernalia of any kind or description used for gambling purposes shall, by the order of the municipal judge, be destroyed and demolished.
3. It shall be the duty of such officer to take the person or persons so arrested before the municipal judge and lodge the proper complaint against each person so arrested.
D. Enforcement. It shall be the duty of the police department of the city to enforce the provisions of the foregoing section by appropriate raids, seizure of gambling paraphernalia and bringing to trial ail offenders of the provisions of this chapter. It shall be the duty of the city attorney to investigate and prosecute vigorously ail violations of this section. (Prior code §§ 17-1-1-17-1-7)