HomeMy WebLinkAboutOrdinance 5684 04/19/1993
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5684
(GENERAL)
ORDINANCE NO.
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AN ORDINANCE ALLOWING SOCIAL GAMES WITHIN THE CITY OF SPRINGFIELD,
SUBJECT TO CONDITIONS AND RESTRICTIONS, ESTABLISHING ARTICLE XV
"SOCIAL GAMES" OF THE SPRINGFIELD CODE 1965, REPEALING SECTION
5-13-5 OF THE SPRINGFIELD CODE 1965, AND AMENDING SECTIONS 8-6-6,
8-6-7 and 8-6-8 OF THE SPRINGFIELD CODE 1965, AND DECLARING AN
EMERGENCY.
THE CITY OF SPRINGFIELD, OREGON DOES ORDAIN AS FOLLOWS:
section 1. section 5-13-5 of the Springfield Code of 1965 is
hereby repealed.
section 2. There is hereby added to Chapter 5 of the
Springfield Code 1965 a new Article XV,[as follows:
"section 5-16-1 Intent. It is the intent of this
ordinance to authorize social games subject to specific
conditions and restrictions in accordance with Oregon
Revised Statute 167.121. Only those social games herein
described shall be allowed by this ordinance. Any gambling
activity carried on outside the scope of this ordinance
shall be controlled and regulated by the applicable
statutes found in Chapter 167 of the Oregon Revised
Statutes.
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section 5-16-2 Definitions. As used in sections 5-16-1
through 5-16-17, except when the context indicates
otherwise, the following definitions apply:
Black Jack (21). Except as may be specifically
modified by this ordinance, Black Jack (21) shall be
defined as set forth in "Ainslies Complete Hoyle"
dated 1975, Simon and Schuster, a copy of which is
located in the Reference section of the Springfield
Public Library.
Contest of Chance. Any contest, game, gaming scheme
or gaming device in which the outcome depends in a
material degree on an element of chance,
notwithstanding that skill of the contestants also may
be a factor.
Gambling. When a person stakes or risks something of
value on the outcome of a contest of chance or a
future contingent event not under his or her control
or influence on an agreement or understanding that he
or she or someone else will receive something of value
in the event of a certain outcome. "Gambling" does
not include:
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(1) Social games, or
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(2) Bona fide business transactions valid under the
law of contract 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, including but not limited to
contracts of indemnity or guaranty and life,
health or accident insurance.
Gamblinq Device. Any device, machine, paraphernalia
or equipment that is used or usable in the playing
phases of unlawful gambling, whether it consists of
gambling between persons or gambling by a person
involving the playing of a machine. Amusement
devices, that do not return to the operator or player
anything but free additional games or play shall not
be considered to be gambling devices.
House. A person or business acting on his or her own
behalf or the benefit of others as a regular bank
throughout the game; or, a person who participates in
or gambles at a social game other than as a player.
Player. 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
participants 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 therefore and supplying cards or other
equipment used therein. A person who engages in
bookmaking is not a player.
Person Financiallv Interested. A person financially
interested shall include all persons who share in the
profits of the business, on the basis of gross or net
revenue, including partners, stockholders, landlords,
lessors, lessees, and the owner or owners of the
building, fixtures and equipment. This also includes
the owner or owners of the fixtures and equipment used
in the social game.
Poker. Except as may be specifically modified by
this ordinance, Poker shall be defined as stud Poker,
Low Ball and Draw, set forth in "Ainslies Complete
.
Hoyle" dated 1975, Simon and Schuster, a copy of which
is located in Reference Section of the Springfield
Public Library.
Social Game. A game involving the playing of Poker
and Black Jack only, which does not include lotteries,
between players in private business, private club, or
place of public business or public accommodation where
no house player, house bank, or house odds exist and
there is no income from the operation of the social
game.
Social Gaming Table. Any table used or intended to be
used as a card table for the playing of social games
only and the use of which is available to the public.
section 5-16-3 Authorized and License Reauired. Social
games are authorized in Springfield. No private business,
private club, or place of public business or public
accommodation, by charitable, fraternal, religious or
nonprofit organizations shall allow any social game on its
premises without first obtaining a license from the
Council.
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section 5-16-4 Exemption. Social games between players
conducted by charitable, fraternal, religious or nonprofit
organizations are exempt from the requirements of section
5-16-5, 5-16-6, 5-16-13 and section 8-6-8 of the
Springfield Code 1965. Charitable, fraternal, religious or
nonprofit organizations are subject to the requirements of
section 5-16-15. For purposes of this exception, nonprofit
organizations means any person organized and existing for
charitable, benevolent, eleemosynary, humane,
philanthropic, educational, civic or other nonprofit
purposes, and who is also exempt from payment of federal
income taxes because of its charitable, fraternal, or
religious purposes. The fact that an organization does not
qualify for charitable deduction for tax purposes or that
the organization is 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 nonprofit organization. This
exemption does not exempt social games in private homes or
conducted by such organizations from the controls,
regulations and prohibitions regarding gambling found in
Chapter 167 of the Oregon Revised Statues.
Section 5-16-5 License Investigation. Except for renewals,
an applicant for a social game license shall submit an
application which shall include:
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(1) The true names and addresses and date of birth of
all persons financially interested in the
business.
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(2) The personal history and business experiences of
such persons.
(3) The past criminal record, if any, of all persons
who have any financial interest in the business.
(4) A $75.00 nonrefundable investigation fee for each
person financially interested.
(5) Fingerprints and photographs of persons
financially interested in the business.
section 5-16-6 criteria for Grant or Denial of Application.
In addition to conforming to the requirements listed in
section 5-16-5, the license shall not be granted if:
(1) Any person financially interested in business has
been previously convicted of a felony within the
last ten years.
(2) Any person financially interested in the business
has been convicted of five or more misdemeanors,
the last of which was within the last five years;
(3) Any person financially interested in the business
has been convicted of any crime involving
gambling within the last five years or any person
who has any financial interest in the business
has forfeited bail for any crime involving
gambling within the last five years;
(4) Any person financially interested in business has
been directly or indirectly involved in a
forfeiture proceeding regarding a gambling
device, as defined by state law, where such
gambling device has been ordered destroyed within
the last five years;
(5) Any false or misleading information is supplied
in the application or any information requested
is omitted from the application;
(6) Any person financially interested in the business
has had a license in his or her name revoked or
suspended three or more times by the Oregon
Liquor Control commission, the last of which was
in the last five years.
(7) Any person financially interested in the business
or any employee has violated any provision of
Sections 5-16-1 through 5-16-14.
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(8) Any person financially interested in the business
has committed any other conduct involving moral
turpitude within the last five years.
section 5-16-7 Responsibility of the Licensee.
(1) Where a social game is allowed, the licensee
shall have the duty to supervise the games and
see that they are played strictly in accordance
with this code and state law.
(2) Licensee shall have the responsibility to ensure
that the game is a social game, between players
only, and that there are no persons dealing as
house and that there is no one engaging in the
game as a business or commercial enterprise.
Section 5-16-8 License Not Transferable. No license shall
be assignable or transferable. The addition or the
substitution of a person financially interested in a
licensed business shall be reported immediately to the
City Manager, who shall order an investigation by the
Police Department. The change shall be approved or denied
by the Council. Applications for change of financial
ownership shall be accompanied by a $75.00 nonrefundable
investigation fee for each person financially interested.
Section 5-16-9 Suspension and Revocation of License.
(1) The City Manager shall suspend or revoke any
social game license if after issuance of the
license the City Manager finds.
(a) That there has been a violation of the
requirements set forth in this ordinance.
(b) Any person financially interested in the
business or any employee violates any
provision of section 5-16-5 through 5-16-15.
(c) Any person financially interested in the
business commits any other conduct involving
involving moral turpitude.
Section 5-16-10 Suspension/Revocation/Appeal.
(1) Revocation of License. The City Manager or
designee, shall notify the licensee in writing
that the license is to be revoked. The
violations need not lead to a conviction, but
must establish a reasonable doubt about the
licensee's ability to perform the licensed
activity. The notice shall be given at least 30
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days prior to the revocation hearing. The City
Manager or designee may discontinue the
revocation proceedings. A notice of the
revocation shall state the reason for the
revocation and inform the licensee of the
provisions for Appeal.
(2) Suspension of License. The City Manager or
designee may suspend the license for the activity
or device at once. The suspension shall take
effect immediately on notice being received by
the licensee, or being delivered to the
licensee's business address as stated on the
licensee's application for the license that is
being suspended. The notice shall be mailed to
the licensee and state the reason for the
suspension and inform the licensee of the
provisions for appeal. The City Manager or
designee may continue suspension as long as the
reason for the suspension exists or until a
determination on appeal regarding the suspension
is made.
(3)
(a) Appeal. Upon payment of an Appeal Fee of
$300.00 an applicant whose application to
the City Manager for a license has been
denied or a licensee whose license has been
denied renewal, has been suspended or is to
be revoked may appeal in writing to the
Council within 30 days after the notice of
denial, suspension or revocation is mailed.
The appeal shall be filed with the City
Recorder and shall state:
(i)
(ii)
The name and address of the appellant.
The nature of the determination being
appealed.
The reason the determination is
incorrect.
What the correct determination of the
appeal should be.
(iii)
(iv)
(b) An appellant who fails to file such a
statement within the time permitted waives
his or her objections, and the appeal shall
be dismissed. If a notice of revocation is
appealed, the revocation does not take
effect until final determination of the
appeal. The Council shall hear and
determine the appeal on the basis of the
written statement and such additional
evidence as it considers appropriate. The
applicant shall be provided at least 14 days
written notice of the hearing on the appeal.
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(c) At the hearing, the appellant may present
testimony and oral argument, personally or
by counsel, and any additional evidence.
The rules of evidence as used by courts of
law do not apply, and the decision of the
Council after the hearing is final.
section 5-16-11 Requlations. No person shall operate a
social game in violation of any of the following
regulations and rules.
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(1) Poker. There shall be a limit on the ante
and any bet of $2.00, and a three-raise limit per
player of $2.00 for each Poker hand or Game. No
backup bets shall be allowed.
Blackiack (21). There shall be a limit on any
bet per hand of $5.00. No backup bets shall be
allowed. The initial card to each player other
than the dealer may be dealt face down. All
winning bets shall be paid at odds of one-to-one,
except that a player's blackjack shall be paid as
posted in the Licensee's rules, but shall not
exceed a payment of one and one-half to one.
If both a players hand and the dealers hand have
at the end of the round, the same total under a
count of 21, neither hand shall win. No person
shall play more than one hand at a time. Anyone
with a minimum bank of $150.00 may deal and any
player with a Blackjack and a minimum bank of
$150.00 can assume the deal.
(2)
No person shall act as a "house" whether or not
such person or such "house" has any connection
with the establishment or place in which the
social gambling is conducted.
(3)
Licensees holding or obtaining licenses under the
provisions of sections 5-16-1 through 5-16-16,
shall agree to be bound by and observe the terms,
conditions and provisions of those sections and
of the regulations and rules established thereby.
(4)
Social games conducted or operated in the City
under the provisions of sections 5-16-1 through
5-16-16 shall be subject to the provisions of
state law and the code and ordinances of the
City.
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(5) All rooms where a social game is permitted shall
be open to police inspection during the hours of
operation. Doors leading into the room must
remain unlocked during the hours of operation.
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(6)
(7)
(8)
(9)
(10)
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social game licenses shall be posted in an area
visible to the public and available for
inspection during the hours of operation.
No licensee or employee shall participate in a
social game or procure players, back a social
game, farm out a social game, assign or sublet a
social game that is otherwise lawfully permitted
on the premises and in which the licensee has an
interest or works.
social games shall be arranged so they cannot be
seen from the street or sidewalk.
No person under the age of 21 years shall be
permitted to participate in a social game or to
enter or remain upon the premises.
No charge shall be collected from a player for
the privilege of participating in a social game
and a player may not tip another player.
No participant in a social game shall be charged
a price for any consumer goods that is higher or
lower than the price charged nonparticipants.
(11) No person shall extend credit to any participant
in a social game.
(12) In a social poker game there cannot be a
designated dealer. The deal of the cards must
rotate in sequence between the players.
(13) In the game of Black Jack (21) there must be a
sign posted that states:
'social Game - Anyone can deal.'
'Players must use a minimum of two decks of
cards, "shoe" from which cards must be
dealt, and gaming chips.'
'''Shoe'', gaming chips and cards furnished by
licensee and fresh (sealed) decks of cards
furnished upon request.'
'$150.00 required to start the deal.'
'Any player with a Blackjack and a minimum
bank of $150.00 can assume the deal.'
'$5.00 bet limit per hand.'
'Each player may play only one hand.'
(14) In the game of Poker there must be a sign posted
that states:
. 'Social Game - Anyone can deal.'
'Cards and gaming chips furnished by licensee
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and fresh (sealed) decks of cards
furnished upon request.'
'$2.00 bet limit per hand.'
'Three raise limit per player per hand.'
(15) Except as specified in subsection (13) above in
the Game of Black Jack (21), no person may be
denied the right to deal. If a person is denied
the right to deal, it shall be grounds for
immediate suspension of license.
(16) In the game of Blackjack (21) there shall not be
less than two decks and a "shoe" shall be
utilized for dealing.
(17) No social game is provided for herein shall be
conducted between 2:01 am and 12:01 pm
notwithstanding the provision of Springfield Code
section 8-6-9(2) (a) allowing certain games to
operate during hours authorized to dispense
alcoholic beverages.
(18) No more than four (4) tables for social games
shall be permitted on any premises where social
games are conducted.
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(19) The license or permit shall be posted in a
conspicuous place upon the business premises
available for inspection by the pUblic, employees
and prospective employees of the business.
(20) Licensees holding or obtaining licenses under the
provisions of section 5-16-1 through 5-16-16
shall furnish at no cost to the players a "shoe"
for a playing of Blackjack (21) and gaming chips
and cards used in playing Blackjack (21) and
Poker and upon request by any player shall
furnish fresh (sealed) decks of cards for use by
players. The Licensee may impose reasonable
rules regarding the frequency with which such
decks are furnished. Only "shoe" gaming chips and
cards furnished by Licensee shall be utilized
in social games under this Article.
Section 5-16-12 Advertisinq. Signs advertising gambling,
the playing of cards, advertising specific forms of card
playing, enticing participants or procuring players are
prohibited. Advertising of social games outside of a
licensee's premises through the media or by any other means
is also prohibited.
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Section 5-16-13 License Fee. For each business licensed,
an annual fee of $250.00 shall be required.
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section 5-16-14 Enforcement. Violation of this ordinance
may result in criminal prosecution for violation of state
gambling laws, civil enforcement through Springfield Code
1965,and administrative procedures described in this
ordinance. The City may also file a civil action to
recover fees unpaid or, after mailing notice via certified
mail to the person responsible for the business, the City
may place a lien against the real property where the
business is located for the amount of the fee plus
interest. The lien shall be filed with the Finance Officer
and noted in the lien docket.
section 5-16-15 Nonprofit Orqanizations. A charitable,
fraternal, religious or nonprofit organization, as defined
in section 5-16-4 may be granted a social game license at an
annual fee of $25.00 if:
(1) The tables are for the exclusive use of members
of the society, club or fraternal organization;
(2) No charge is made for participation;
(3) The conduct of a cardroom is not the primary
reason for existence of the society, club or
fraternal organization.
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section 5-16-16 Sunset. This ordinance shall lapse and
be no further force and effect on July 1, 1995.
section 3. section 8-6-6 of the Springfield Code 1965 is hereby
amended as follows:
"8-6-6 Card Rooms. Bowlinq Allevs. Pool & Billiard Rooms;
Others Establishments Operatinq such Games.
(1) Card rooms as referred to herein shall mean and
include any private business, private club or
place of accommodation in which social games as
defined in Article 15 of Chapter V are conducted
and all establishments whose principal business
is the keeping, maintenance, furnishing
facilities for, operation of or permission to
operate, or the playing for a fee or any valuable
consideration on the premises under its control
of any card game, bOWling alley, pool playing or
billiard playing;
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(2) It shall be unlawful for any person to operate or
maintain a bowling alley, pool room, billiards
room, or card room without first obtaining a
license therefore in the manner provided in this
article; and
(3) Notwithstanding that the operation and
maintenance of the games referred to in this
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section is not the principal business of any
person or establishment, any person or
establishment furnishing or permitting the
playing of such games or activities upon the
premises for a fee shall obtain a license for the
individual respective games in accordance with
section 8-6-8.
Section 4. section 8-6-7 of the Springfield Code 1965 is hereby
amended as follows:
"8-6-7 Licenses--Applications: Issuance.
(1) Any person desiring a license for the operation
of any billiard room, pool room, card room or
bowling alley shall make applications therefore
to the city recorder, and upon payment of the
annual fee mentioned in the following section,
and approval of the application by the council,
such license shall be issued.
(2) The licenses for the operation of games by any
establishment provided in section 8-6-6(3) (i.e.,
not the principal business of the establishment)
shall also require payment of the fees provided
in 8-6-8.
(3) Any applicant not qualified under Springfield
Code Section 5-13-3 shall not be licensed to
operate social games in a card room."
Section 5. section 8-6-8 of the Springfield Code 1965 is hereby
amended as follows:
"8-6-8 Bowlinq Allev: Pool Rooms: Billiard Rooms: Card
Rooms--Licenses-Fees. The license fee for the respective
games enumerated in section 8-6-6 of this code, and to
operate a billiard room, pool room, card room, or bowling
alley, shall be as follows:
Bowling Alleys
Pool and Billiard
Tables/Card Tables
$ 6.00 per alley per year
30.00 a year
25.00 first table
20.00 second table
15.00 third table
10.00 fourth table
5.00 each additional
table
all per table per year
Card Tables (social
games conducted)
500 per table
(limit of 4 tables)
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Section 6. It is hereby found and determined that matters
pertaining to social games within the City of Springfield are
matters affecting the welfare of the City of Springfield and that
an emergency is therefore found and declared to exist.
The provisions of Article 5-16-3, 5-16-4, 5-16-5, 5-16-6, 5-16-7,
5-16-8, 5-16-9, 5-16-10, 5-16-13, and 5-16-15 under Section 2 of
this ordinance and sections 3, 4, and 5 of this ordinance shall be
effective July 1, 1993. The remaining provisions of this
ordinance shall take effect May 1, 1993.
ADOPTED by the Common Council of the City of Springfield,
this 19th day of April , 1993 by a vote of 4
for and 1 against.
day of
APPROVED by the Mayor of the City of Springfield this
Apri 1 , 1993.
19th
g#7/!~
Mayor
ATT}fT: '..
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City Recorder
REVIEWED & APPROVED
AS TO FORM
jQ~e.~\~ J \_"IlA\~
DATE: ~?~ \~, \C\~~
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFIELD
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