10.36.010 Hazarding for return of money.
10.36.020 Hazarding for return of merchandise.
10.36.040 Gambling house.
10.36.050 Permitting gambling.
10.36.080 Private club--Exemption.
10.36.090 Election required for gaming club/gambling house.
10.36.010 HAZARDING FOR RETURN OF MONEY. No person, either as owner, lessee, agent, employee, mortgagee, or otherwise, shall operate, keep, maintain, rent, use or conduct any clock, tape, slot or card machine, or any other machine, contrivance or device, upon which money is staked or hazarded upon chance, or into which money is paid, deposited, or played, upon chance or upon result of the action of which money or any other article or thing of value is staked, bet, hazarded, won or lost upon chance. (Prior code § 62.01).
10.36.020 HAZARDING FOR RETURN OF MERCHANDISE. No person, either as owner, lessee, agent, employee, mortgagee, or otherwise, shall operate, keep, maintain, rent, use or conduct any machine, contrivance, appliance or mechanical device upon the result of the action of which money or other valuable things are staked, or hazarded, and which is operated, or played by placing or depositing therein, any coins, checks, slugs, balls or other articles or device or in any manner, and by means of the action thereof, or as a result of the operation of which, any merchandise, money, representative or article of value, check or token, redeemable in, or exchangeable for, money, or any other thing of value, is won, or lost, or taken from, or obtained from, such machine, when the result of the action or operation of such machine, contrivance, appliance, or mechanical device, is dependent upon hazard or chance. (Prior code § 62.02).
10.36.030 DEFINITIONS. Except where the context otherwise requires, the definitions given in this section govern the construction of Sections 10.36.040 through 10.36.130:
* For the statutory provisions prohibiting gaming see Cal. Pen. C §§ 330-337h.
(1) "Anything of value" means money, coin, currency, checks, chip, allowance, token, credit, merchandise, property, script, or anything representative of value, and includes, without limitation, any payment for services or for the use of any premises, cards, chips, furniture or other articles.
Said phrase also means any increase or probable increase in business or patronage resulting directly or indirectly from the playing of any game of cards, or any rent, remuneration or compensation of any nature received by any person, firm, corporation, club, lodge, association or church for the use or occupancy of any premises where the major, primary or customary use of said premises is for gambling;
(2) "Gambling" means the playing of any game not prohibited by the Penal Code of the state, or by any other law of the state, which is played, conducted, dealt, or carried on with cards, dice, dominoes, or other devices for anything of value. (Prior code § 62.50).
10.36.040 GAMBLING HOUSE. No person, either as principal, or agent, employee or otherwise, shall keep, conduct or maintain within the city, any house, room, apartment or place used in whole or in part as a gambling house or place where gambling shall occur. (Prior code § 62.51).
10.36.050 PERMITTING GAMBLING. No person, either as principal, or agent, employee or otherwise, shall knowingly permit any house, room, apartment or place owned by him or under his charge or control, in the city, to be used in whole or in part as a gambling house or place where gambling occurs. (Prior code § 62.52).
10.36.060 BETTING. No person shall within the city deal, operate, attend, play or bet at or against any game not prohibited by the Penal Code of the state or by any other law of the state, which is played, conducted, dealt or carried on with cards, dice, dominoes or other devices for anything of value. (Added by Ordinance 5, adopted February 20, 1967.) (Prior code § 62.53).
10.36.070 EXCEPTIONS. The provisions of Sections 10.36.040 through 10.36.060 shall not apply to:
(1) Occasional private games, otherwise lawful, carried on for purely social purposes in a private home. Said provisions shall not apply to otherwise lawful games, other than card games, conducted by a private group of customers, for the sole purpose of determining which member of said group shall pay for food, refreshments or beverages for immediate consumption by the group;
(2) Any gambling house in existence within the city on February 6, 1967, provided that the continued operation thereof shall be subject to the following:
(a) Only those persons owning and/or operating a gambling house on February 6, 1967, shall conduct the operation. This license may not be sold, given away or transferred, nor may the premises for which the license is issued be changed; provided, however, that the location of the premises may be changed in accordance with the procedures set forth below in subsection 1.
No change of location shall be permitted to a more restrictive use zone than is the existing location for the gambling establishment; no change shall be permitted to a location more than 1000' from the existing location; and no change of location shall be permitted to a location within a residential zone.
1. Application shall be made and shall be subject to the procedures for issuance of a Special Use Permit, Chapter 27.74.
(b) The owner and/or operator desiring to take advantage of this exception shall, on or before the effective date hereof, and annually thereafter, not later than January 31st of each year, register with the chief of the police department. Such registration shall be on forms provided and shall indicate the name and address of the owner and/or operator, the location of the premises and the number of tables provided,
(c) No gambling shall be permitted between the hours of eight a.m. and twelve noon of any day. The hours of operation shall be posted so as to provide notice to patrons,
(d) No more than three tables, seating not more than seven each, at which gambling is allowed shall be permitted. Tables shall not be increased in tournaments and/or special events,
(e) An annual business license fee in the amount of one hundred dollars per table shall be paid at the office of the license collector at the time of registration
(f) The gambling house shall prepare and submit to the Police Department a patron security and safety plan in and around the gambling establishment. The plan shall be submitted at the time of the payment of the annual business license fee. It may include cameras, personnel, and other security and safety measures. The owner shall be responsible for the security and safety of patrons; if the owner limits liability, the limits shall be posted so as to give notice to patrons.
(g) Wagering shall be limited to table stakes. "Table stakes" shall mean that a player is limited to betting only those chips that he has purchased prior to the commencement of play of a particular hand of cards or bet. The player cannot purchase additional chips during the pay of a particular hand of cards or bet. Wagering limit shall be posted so as to give notice to patrons.
The arrest and conviction of anyone for the violation of any statute or ordinance regulating gaming within an excepted premises shall automatically suspend this exception and said gambling house shall cease operation upon notice by the chief of the police department. (Ord. 1998-13 §§ 1-3, 1998; Ord. 1987-3 § 1, 1987; Ord. 1986-3 § 1, 1986; Ord. 1972-6 § 1, 1972; Ord. 1970-28 § 1, 1970: prior code § 62.54).
10.36.080 PRIVATE CLUB -- EXEMPTION. An incorporated or charter fraternal, labor, benevolent or charitable organization, or religious association, that has been continuously carrying on within the city the activities for which it was organized for a period of not less than five years immediately preceding, that limits access to its own membership and the invited guests of its members and that had a city permit on June 30, 1984, shall be exempt from local gaming ordinances and gaming regulations. (Ord. 1984-21 § 1, 1984: prior code § 62.55(a)).
10.36.090 ELECTION REQUIRED FOR GAMING CLUB/GAMBLING HOUSE.
1. No gaming club or gambling house shall be located within the territorial limits of the City of San Mateo unless a majority of electors voting thereon affirmatively approve a measure permitting legal gambling in a gaming club or gambling house within the City.
2.1 "Gaming Club" has the meaning set forth in Section 19802 of the California Business and Professions Code.
2.2 "Gambling house" means any house, room, apartment, or place where, in whole or in part, gambling takes place.
2.3 "Gambling" means the playing of any game not prohibited by the Penal Code of California or by any other law of the state, which is played, conducted, dealt or carried on with cards, dice, dominoes or other devices for anything of value.
2.4 "Anything of value" means money, coin, currency, checks, chip, allowance, token, credit, merchandise, property, script or anything representative of value and includes, without limitation, any payment for services or rent, remuneration or compensation of any nature for the use of any premises, cards, chips, furniture or other articles.
3. Exceptions and exemptions: The provisions of this ordinance shall be subject to the same exceptions and exemptions as are set forth in Section 10.36.070 and 10.36.080 of the ordinances of San Mateo in effect on January 1, 1995, and this ordinance shall not disallow bingo games allowed under Chapter 10.34 of the ordinances of San Mateo. (Ord. 1995-18 § 1, 1995).