(A) Gambling prohibited. It shall be unlawful for any person to gamble within the city, provided nothing contained herein shall be deemed to prohibit an activity lawful under the laws of the state.
(B) Gambling places prohibited. It shall be unlawful for any person to knowingly permit any premises owned, occupied or controlled by him or her to be used as a gambling place within the city.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GAMBLING. Occurs when any person:
(a) Plays a game of chance or skill for money or other things of value;
(b) Makes a wager upon the result of any game, contest or any political nomination, appointment or election;
(c) Operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of any gambling device;
(d) Knowingly owns or possesses any books, instruments or apparatus by means of which bets or wagers have been or are recorded or registered;
(e) Sells pools upon the result of any game or contest of skill or chance, political nomination, appointment or election;
(f) Sets up or promotes any lottery or sells, offers to sell or offers or transfers any ticket or share for any lottery;
(g) Sets up or promotes any policy game or sells, offers to sell or knowingly possesses or transfers any policy ticket or other similar device;
(h) Knowingly advertises any lottery or policy game or drafts, prints or publishes any lottery ticket or share or any policy ticket or similar device or any advertisement of any lottery or policy game; or
(i) Knowingly transmits information as to wagers, betting odds or chances in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly installs equipment for the transmission or receipt of such information; except that nothing in this division (i) shall prohibit transmission or receipt of such information for the use of news reporting of sporting events or contests.
GAMBLING DEVICE.
(a) Any clock, tape machine, slot machine or other machines or devices for the reception of money or other things of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost, or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place.
(b) However, a
GAMBLING DEVICE does not include:
1. A coin-operated mechanical device played for amusement which awards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operations thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property, and which is commonly known as a pinball machine; or
2. Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance or hazard.
GAMBLING PLACE. Any real estate, vehicle, boat or any other property whatsoever used for the purpose of gambling.
LOTTERY. Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift or sale of some other name.
POLICY GAME. Any scheme or procedure whereby a person promises or guarantees by an instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt.
(D) Food and liquor licenses. Whenever any premises are determined by a court of competent jurisdiction to be a gambling place, all city licenses or permits issued authorizing the serving of food or alcoholic liquor on such premises shall become void; and no license or permit so voided shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued any such license or permit for one year from date of his or her conviction and after a second conviction of keeping a gambling place, any such person shall not be reissued any such license or permit.
(E) Seizure of gambling devices and gambling funds. Every gambling device which is incapable of lawful use constitutes contraband and shall be subject to seizure and confiscation by city police officers. Any money or other thing of value intrinsically related to acts of gambling shall be seized and forfeited as contraband to the city. Disposition of such gambling devices seized or confiscated shall be made according to law.
(1974 Code, § 5-4-5.12)