HomeMy WebLinkAbout1814 Social Gambling
ORDINANCE NO. I g / '1
AN ORDINANCE PER~1ITTING SOCIAL GAMBLING IN CERTAIN SITUATIONS, AND
DECLARING AN EHERGENCY.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1"
Social Gambling and Social Games as defined
in House Bill No. 3327, which is to become effective May 6, 1974, are
hereby permitted in charitable, fraternal and religious organizations"
SECTION 20 It is hereby adjudged and declared that the
existing conditions are such that this Ordinance i-s necessary for
the immediate preservation of the public health and safety of the
people of the City of Ashland and an emergency is hereby declared
to exist and this Ordinance shall take effect and be in full force
. .
and effect from and after its passage and approval by the Mayor.
The foregoing Ordinance was first read on the ~~day of
/I r/uL
/
A-prr/L
1974 and duly PASSED and ADOPTED this j}~'/day of
, 1974.
~. h.:;~
Archie Co Fries, Mayor
ATTEST:
j/ ;1, .1~/~d
M. Butler, City Recorder
Ordinance No& /6'/1/
RONALD L. SALTER
ATTORNEY' AT LAW
70 NORTH PIONEER STREET
P. O. BOX 727
ASHLAND. OREGON 97520
OREGON LEGISLATIVE ASSEMBLY-1974 SPECIAL SESSION
Enrolled
House Bill 3327
Sponsored by COMMITTEE ON RULES
CHAPTER ........................................
AN ACT
Relating to gambling; creating new provisions; amending ORS 167.117;
repealing section 3, chapter 788, Oregon Laws 1973; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
Section 1. ORS 167.117, as amended by section 1, chapter 788, Oregon
Laws 1973, is amended to read:
167.117. As used in ORS 167.117 to 167.162, unless the context requires
otherwise:
(1) "Bookmaking" means promoting gambling by unlawfUlly accepting
bets from members of the public as a business, rather than in a casual
or personal fashion, upon the outcomes of future contingent events.
(2) "Contest of chance" means any contest, game, gaming scheme or
gaming device in which the outcome depends in a material degree upon
an element of chance, notwithstanding that skill of the contestants may
also be a factor therein.
(3) "Gambling" means that a person stakes or risks something of value
upon the outcome of a contest of chance or a future contingent event not
under his control or influence, upon an agreement or understanding that
he or someone else will receive something of value in the event of a
certain (Iuteome. "Gambling" does not include:
(a) Bona fide business transactions valid under the law of contracts
for the purchase or sale at a future date of securities or commodities, and
agreements to compensate for loss caused by the happening of chance, in-
cluding but not limited to contracts of indemnity or guaranty and life,
health or accident insurance.
(b) Engaging in contests of chance under the following conditions:
(A) The contest is played for some token other than money;
(B) An individual contestant may not purchase more than $10 worth
of tokens for use in the contest during any 24-hour period;
(C) The tokens may be exchanged only for property other than money;
(D) Except when the tokens are exchanged for a beverage or mer-
chandise to be consumed on the premises, the tokens are not redeemable
on the premises where the contest is conducted or within 50 miles thereof;
and
(E) Except for charitable organizations, no person who conducts the
contest as owner, agent or employe profits in any manner from operation
of the contest.
(c) Social games.
As used in this subsection, "charitable organization" means any person
organized and existing for charitable, beneV'Olent, eleemosynary, humane,
patriotic, religious, philanthropic, recreational, social, educational, civic,
fraternal or other nonprofit purposes. The fact that contributions to an
organization profiting from the contest do not qualify for charitable deduc-
tion for tax purposes or that the organization is not otherwise exempt from
payment of federal income taxes pursuant to the Internal Revenue Code
of 1954, as amended, constitutes prima facie evidence that the organization
is not a bona fide charitable organization.
(4) "Gambling device" means any device, machine, paraphernalia or
equipment that is used or usable in the playing phases of unlawful gam-
bling, whether it consists of gambling between persons or gambling by a
person involving the playing of a machine. Lottery tickets, policy slips
and other items used in the playing phases of lottery and policy schemes
are not gambling devices within this definition. Amusement devices which
do not return to the operator or player thereof anything but free additional
games or plays shall not be considered to be gambling devices.
(5) "Lottery" or "policy" means an unlawful gambling scheme in
which:
(a) The players payor agree to pay something of value for chances,
represented and differentiated by numbers or by combinations of numbers
or by some other medium, one or more of which chances are to be
designated the winning ones; and
(b) The winning chances are to be determined by a drawing or by
some other method; and
(c) The holders of the winning chances are to receive something of
value.
(6) "Numbers scheme or enterprise" means a form of lottery in which
the winning chances or plays are not determined upon the basis of a
drawing or other act on the part of persons conducting or connected with
the scheme, but upon the basis of the outcome of a future contingent event
otherwise unrelated to the particular scheme.
(7) "Player" means a person who engages in any form of gambling
solely as a contestant or bettor, without receiving or becoming entitled to
receive any profit therefrom other than personal gambling winnings, and
without otherwise rendering any material assistance to the establishment,
conduct or operation of the particular gambling activity. A person who
gambles at a social game of chance on equal terms with the other partici-
pants therein is a person who does not otherwise render material assistance
to the establishment, conduct or operation thereof by performing, without
fee or remuneration, acts directed toward the arrangement or facilitation
of the game, such as inviting persons to play, permitting the use of
premises therefor and supplying cards or other equipment used therein.
A person who engages in bookmaking is not a player.
(8) "Profits from gambling" means that a person, other than as a
player, accepts or receives money or other property pursuant to an agree-
ment or understanding with another person whereby he participates or
is to participate in the proceeds of gambling.
(9) "Promotes gambling" means that a person, acting other than as
a player, engages in conduct that materially aids any form of gambling.
Conduct of this nature includes, but is not limited to, conduct directed
toward the creation or establishment of the particular game, contest,
scheme, device or activity involved, toward the acquisition or maintenance
of premises, paraphernalia, equipment or apparatus therefor, toward the
solicitation or inducement of persons to participate therein, toward the
conduct of the playing phases thereof, toward the a.rrangement of any of
its financial or recording phases or toward any other phase of its operation.
A person promotes gambling if, having control or right of control over
premises being used with his knowledge for purposes of gambling, he
permits the gambling to occur or continue or makes no effort to prevent
its occurrence or continuation.
Enrolled House Bill 3327
Page 2
(10) "Slot .machine" means a gambling device that as a result of the
,. insertioil of a coin or other object operates, either' completely au~
matically, or with the aid of some physical act by the player, in such a
manner that, depending upon elements of chance, it may eject something
of value or otherwise entitle the player to something of value. A device
so constructed or readily adaptable or convertible to such use is no less
a slot machine because it is not in working order or because some
mechanical act of manipulation or repair is required to accomplish its
adaptation, conversion or workability. Nor is it any less a slot machine
because apart from its use or adaptability as such it may also sell or
deliver something of value on the basis other than chance.
(11) "Social game" means: [a game, other than a lottery, between
players in a private home or private business, private club or in a place
of public accomodation where no house player, house bank or house odds
exist and the graBS income from the operation of the social game does
not exceed 25 percent of the gross income of the private business, private
club or public accommodation.]
(a) A game, other than a lottery, between players in a private home
where no house player, house bank or house odds exist and there is no
house income from the operation of the social game; and
(b) If authorized pursuant to section 3 of this 1974 Act, a game, other
than a lottery, between players in a private business, private club or place
of public accommodation where no house player, house bank or house
odds exist and there is no house income from the operation of the social
game.
(12) "Something of value" means any money or property, any token,
object or article exchangeable for money or property, or any form of
credit or promise directly or indirectly contemplating transfer of money
or property or of any interest therein.
SECTION 2. Section 3, chapter 788, Oregon Laws 1973, is repealed.
SECTION 3. Counties and cities may, by ordinance, authorize the play-
ing or conducting of a social game in a private business, private club or in
a place of public accommodation. Such ordinances may provide for reg-
ulation or licensing of the social games authorized.
SECTION 4. This Act becomes operative 60 days ,after its effective
date.
SECTION 5. This Act being necessary for >the immediate preservation
of the public peace, health and safety, an emergency is declared to exist,
and this Act takes effect upon passage.
o
Enrolled House Bill 3327
Page 3