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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