CHAPTER 136
GAMBLING OFFENSES
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136.01 Gambling prohibited 136.02 Places kept for gambling 136.03 Possession of gambling devices 136.04 Gambling houses; patronizing or visiting 136.05 Gambling in streets 136.06 Seizure of gambling devices; obstruction or resistance 136.07 Lottery tickets and chances 136.08 Policy games |
136.09 Tape or slot machines 136.10 Exemptions
136.20 Betting upon horse races 136.21 Keeping, occupying premises for taking or recording, bets 136.22 Inducing persons to bet 136.23 Advertising of bets prohibited
136.99 Penalty |
§ 136.01 GAMBLING PROHIBITED.
Each and every sale or purchase, wherein any part of the articles or things received, or to be received, either as to quantity or value, shall in any manner depend upon any chance or hazard, whether by means of checks, cards, envelopes, numbers, dice, or by any means whatsoever, is declared to be gaming within the meaning of the provisions of this chapter, and as such shall be unlawful.
No person shall deal, play, or engage in faro, roulette, or gambling for money or any other valuable thing, or any other device or game, or chance, hazard, or skill, either as bookmaker, dealer, keeper, player, or otherwise, for the purpose of gaming or gambling for money or other valuable thing.
Penalty, see § 136.99
§ 136.02 PLACES KEPT FOR GAMBLING.
Every house, room, yard, boat, vessel, or other structure or premises kept or used for the purpose of permitting persons to gamble for any valuable thing is declared to be a common nuisance.
No person shall own, keep, maintain, manage, or conduct or shall be interested in owning, keeping, maintaining, managing, or conducting any such place.
Penalty, see § 136.99
§ 136.03 POSSESSION OF GAMBLING DEVICES.
No person shall bring into the city or have in his possession, for the purpose of gaming or gambling for money or other valuable thing, any table or other device of any kind or character whatsoever, whereon or with which money or any other valuable thing may in any manner be played or gambled for.
Penalty, see § 136.99
§ 136.04 GAMBLING HOUSES; PATRONIZING OR VISITING.
No person shall patronize, visit, frequent, or be connected with the management or operation, nor act as the doorkeeper, solicitor, runner, agent, abettor or pimp of any house, room, yard, boat, vessel or other structure, place, or premises kept within the city for the purpose of permitting persons to game or gamble for any valuable thing.
Penalty, see. § 136.99
§ 136.05 GAMBLING IN STREETS.
No person shall expose any table, wheel, or device of any kind whatsoever intended, calculated, or designed to be used for gaming or gambling or for playing any game of chance or hazard in, upon, or along any of the streets or other public places of the city.
Penalty, see § 136.99
§ 136.06 SEIZURE OF GAMBLING DEVICES; OBSTRUCTION OR RESISTANCE.
It is made the duty of every member of the Police Department to seize any table, wheel, instrument, device, or thing used for the purpose of gaming or gambling for money or other valuable thing; all such tables, instruments, devices, or things when seized shall be destroyed.
No person shall obstruct or resist any member of the Police Department in the performance of any act authorized in this section.
Penalty, see § 136.99
§ 136.07 LOTTERY TICKETS AND CHANCES.
No person shall keep an office, room, or place for the sale or other disposition of lottery tickets; nor shall any person in the city vend, sell, or otherwise dispose of any lottery tickets; nor shall any person in the city sell or dispose of, in any manner whatsoever, any tickets, figures, numbers, or characters for any prize-gift, present, gift-distribution, chance, or for anything of like name or nature, where money or other property is directly or indirectly pledged, paid, or to be pledged or where numbers, figures, characters, gifts, prizes, presents, or donations are to be drawn, disposed of, or received by any person in any manner whatsoever.
Penalty, see § 136.99
§ 136.08 POLICY GAMES.
No person shall keep, occupy, or use, or permit to be kept, occupied, or used, a place, building, room, establishment, table, or apparatus for policy playing or for the purchase, sale, exchange, or redemption of what are commonly called policy tickets.
No person shall deliver or receive money or other valuable consideration in playing policy or in aiding in the playing thereof, or for policy tickets, or for any writing, paper, or document in the nature of a bet, wager, or insurance upon the drawing or drawn numbers of any policy game, whether such drawing be real or imaginary.
No person, except a public officer, shall have in his possession, custody, or control, any writing, paper, or document representing or being a record of any chance, share, or interest in numbers sold, drawn, or to be drawn, in what is commonly called policy, or in the nature of a bet, wager, or insurance upon the drawing or drawn numbers of any public or private policy game, whether such drawing be real or imaginary.
No person, other than a public officer, shall have in his possession, custody, or control any paper, print, writing, numbers, device, policy slip, policy sheet, or article of any kind such as is commonly used in carrying on, promoting, or playing the game commonly called policy.
No person shall sell, offer for sale, vend, barter, exchange, give away, deal in, or in any way dispose of or redeem any ticket, order, slip, or device of any kind for or representing any number of shares or any interest in any policy or scheme of chance of any kind or description by whatsoever name, style, or title the same may be denominated or known, and whether located or to be drawn, paid, or carried on within or without the limits of the city, or whether this purported drawing be real or imaginary.
No person shall either publicly or privately, as owner or agent, establish, open, set on foot, carry on, promote, make, draw, or act as backer or vendor for or on account of any policy or scheme or chance of any kind or description, by whatsoever name, style, or title the same may be denominated or known, whether located or to be drawn, paid, or carried on within or without the limits of the city, and whether such drawings be real or imaginary; and no person shall be in any way concerned in any such policy or scheme of chance as aforesaid.
No person who is the owner, lessor, lessee, agent, superintendent, janitor, or caretaker of any place, building, or room shall permit policy playing or the barter, sale, exchange, or redemption of what are commonly called policy tickets or slips, or the sale of any chances in alleged drawings in policies to be carried on in such place, building, or room, whether such drawings be real or imaginary.
No person shall patronize, frequent, or be found in any place, building, room, or establishment kept, occupied, or used for policy playing for policy or lottery drawings, or for the sale of what are commonly called policy tickets or slips, or in which are kept any papers, prints, writings, numbers, devices, policy slips, policy tickets, policy sheets, or articles of any kind, such as is commonly used in carrying on, promoting or playing the game or scheme commonly called policy.
No person shall write, print, publish, circulate, or distribute in any way on account of any policy or scheme of chance of any kind or description by whatsoever name, style, or title the same may be denominated or known; and no person shall write, print, publish, circulate, or distribute any book, pamphlet, circular, or sheet of paper whatsoever containing or purporting to contain information concerning any policy or scheme of chance, or where the same is to be or has been drawn, or the prices therein on any of them, or the price of a ticket, or where any such ticket may be or has been obtained, or in any way give publicly to any such policy or scheme of chance, whether the drawings therein referred to be real or imaginary.
No person shall aid, assist, or abet in any manner, or be a party to any of the offenses, acts or matters specified in this section.
Penalty, see § 136.99
§ 136.09 TAPE OR SLOT MACHINES.
No person shall keep, own, operate, use, or cause to be kept, operated, or used, in any room, inn, tavern, shed, booth, building, enclosure, or upon any premises, or any part thereof, any clock, joker, tape, or slot machine or other device of any kind or nature whatsoever upon, in, or by, or through which money is staked or hazarded or into which money is staked or hazarded or into which money is paid or played upon chance, or upon the result of the action of such clock, joker, tape, or slot machine or other device, money or other valuable thing is staked, bet, hazarded, won, or lost. Each and every day on which any person shall operate, keep, own or have in his charge, possession, or control any such clock, joker, tape, or slot machine or other device in violation of the provisions of this section shall be deemed a separate and distinct offense.
Penalty, see § 136.99
§ 136.10 EXEMPTIONS.
Nothing in this chapter shall be construed to prohibit participation in any lottery sponsored by this state or another state or any political subdivision thereof, or in any bingo game licensed by the state.
§ 136.20 BETTING UPON HORSE RACES.
All betting, wagering, speculating, pool-selling, or bookmaking upon any horse race, or the result thereof, and all gambling and every game of any chance of any nature whatsoever, within or upon any and all race tracks and race courses, or in any building within any race track or race course within the city is prohibited.
Penalty, see § 136.99
§ 136.21 KEEPING, OCCUPYING PREMISES FOR TAKING OR RECORDING, BETS.
Any person who keeps, occupies, or controls any room, shed, tenement, tent, booth, building, or other structure, or any part thereof, or who occupies any place anywhere within the city, with any book, instrument, or device for the purpose of taking, recording, or registering bets or wagers or of selling pools; or any person who takes, records, or registers bets or wagers or sells pools upon the result or alleged result of any actual, supposed, alleged, or fictitious trial or test of skill, speed, or power of endurance of man or beast, or upon the result or alleged result of any actual, supposed, alleged, or fictitious political nomination, appointment, or election; or who, being the owner, lessee, or occupant of any room, shed, tenement, tent, booth, or building or other structure, or part thereof, knowingly permits the same to be used or occupied for any purpose, or therein keeps, exhibits, or employs any device or apparatus for the purpose of taking, recording, or registering such bets or wagers or selling such pools, or becomes the custodian or depository for hire or reward of any money, property or things of value, staked, wagered, or pledged upon any such result or alleged result, shall be fined as provided in § 10.99.
In prosecutions under this section, proof of the taking, recording, or registering of such bet or wager, pool-selling, as is herein prohibited, shall be prima facie evidence of the violation of this section, and proof shall not be required that there was any actual, supposed, alleged, or fictitious trial or test of skill, speed, or power of endurance of man or beast, or that there was any actual, supposed, alleged, or fictitious political nomination, appointment, or election, to which such bet, wager, or pool-selling may appertain.
Penalty, see § 136.99
§ 136.22 INDUCING PERSONS TO BET.
No person shall perform or play any tricks of sleight-of-hand or anything of like nature with cards, dice, balls, thimbles, figures, numbers or characters, or with any dishonest or fraudulent instrument, apparatus, or thing, where persons are induced to bet, loan, deposit, or stake money or other property upon the result of such tricks, or the turning or placing of any such instrument or apparatus, or of any figure, letter, number, or character attached to, or played upon any instrument or apparatus.
Penalty, see § 136.99
§ 136.23 ADVERTISING OF BETS PROHIBITED.
No person shall insert or cause to be inserted, or print or publish or cause to be printed or published in any newspaper or other publication printed, published, or circulated in the city, any notice, advertisement, or mention giving or purporting to give information of where or with whom bets or wagers may be made or placed, or where or by whom pools are sold, upon the result of any trial or test of skill, speed, or power of endurance of man or beast, or upon the result of any political nomination, appointment, or election.
No person shall display or exhibit or distribute or cause to be distributed any circular, blank, handbill, pamphlet, or other thing containing any notice, advertisement, or mention giving or purporting to give information where or with whom pools are sold upon the result of any trial or test of skill, speed, or power of endurance of man or beast, or upon the result of any political nomination, appointment, or election.
Penalty, see § 136.99
§ 136.99 PENALTY.
Whoever violates the provisions of this chapter, for which another penalty is not already provided, shall be fined not more than five hundred dollars ($500.00) for each offense.