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CA:RMM:rmd27l/hpca
City council Meeting 8-26-86
Santa Monica, California
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STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Adding Sections 4226, 4227, 4228,
and 4228A to the Santa Monica Municipal Code
Relating to Gambling
On December 8, 1981, the city Council adopted Ordinance
Number 1238 (CCS) repealing numerous provisions of the Santa
Monica Municipal Code.
The purpose of this ordinance was to
remove obsolete, unlawful, or unnecessary provisions from the
Municipal Code.
In adopting this ordinance, sections 4226, 4227, and 4228
were repealed.
These sections, along with others that were
repealed at the same time, related to gambling.
The repeal of
these section was predicated upon the assumption that they were
duplicative of state law.
In most situations, these sections
simply duplicate provisions of the California Penal Code.
However, the California Penal Code does not prohibit certain
types of card games, such as those conducted in Gardena and
Commerce. Accordingly, since the repeal of these sections was
not intended to permit card clubs in the City of Santa Monica, it
is necessary to re-adopt three of the repealed sections.
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The proposed ordinance adds sections 4226, 4227, and 4228
to the Municipal Code as they existed at the time of their
repeal.
In addition, section 4228A is added to the Municipal Code
to prohibit conduct that has recently been brought to the
attention of the city Attorney. For a fee, certain businesses,
such as bars, desire to deal blackjack for a fixed fee. Although
the game is characterized as "for fun, " there is a clear
potential that gambling activity takes place.
Thus, Section
4228A has been added to prohibit any card game for money or other
consideration.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:rmd259/hpca
City council Meeting 8-26-86
e
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTIONS 4226,
4227, 4228, AND 4228A RELATING TO
GAMBLING TO THE SANTA MONICA MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1 .
Section 4226 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4226. Gamb~inq. No person
shall keep, conduct, or maintain wi thin
the city 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, balls,
billiard balls, pool balls, cues, or other
device when chance is the predominate or a
substantial factor in determining any
winner of such game or any portion, part,
or phase of such game and when for the
winning of such game, or any portion,
part,
or phase
thereof I
any person
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receives in any manner money, checks,
chips, credit, or any other representative
of value or any merchandise or anything of
value; nor shall any person keep, conduct,
or maintain within the City 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, balls, billiard balls,
pool balls, cues, or other device when
skill
is
the
predominate
factor in
determining the winner of such game,
except such games of skill accommodating
not more than 20 players or participants
at anyone time and for the playing of
which a
fee determinable before the
playing of such game is paid in advance,
and when the prize or award to any
portion, part, or phase thereof consists
only of merchandise not exceeding $7.50 in
wholesale value as determined by the
average wholesale cost in Los Angeles
County.
The display of merchandise of a
wholesale value greater than $7.50 is
prohibited.
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SECTION 2. Section 4227 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4227. Use of Premises for
Gambling.
No person knowingly shall
permit any house, room, apartment, or
place owned by him, or under his charge or
control, in said City, 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 devices, for money,
checks,
chips,
credit,
or any other
representative
of
value
or for any
merchandise or any other thing of value.
Nothing contained herein shall
prohibit using of
any house,
room,
apartment, or place being used for the
purpose of playing any skill game as
permitted by Section 4226.
SECTION 3 .
Section 4228 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4228.
Betting.
No person
shall play or bet at or against any game
not mentioned in Section 330 or 330a of
the Penal Code of the State of California,
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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.
Nothing contained herein shall
prohibit or prevent any person from
playing any skill game as permitted by
Section 4226.
SECTION 4.
Section 4228A is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4228A.
No person shall
play, conduct, deal, or carryon any game
mentioned in section 4226 or mentioned in
Penal Code Section 330 or 330a for money
or other consideration paid to the dealer,
employer of the dealer, or other person as
consideration for playing such game.
SECTION 5.
Any provision of the santa Monica Municipal
Code or appendices thereto inconsistent wi th the provisions of
this ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 6.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
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or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clauser or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
The ordinance shall be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS (\
city Attorney
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