Sec. 18-1. - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Gambling device. A "gambling device" includes:

(1)

Any device, machine, paraphernalia, equipment or other thing, including books, records and other papers, which are actually used in an illegal operation or activity.

(2)

Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to, those depending upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, so that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subparagraph; and provided further, that machines that only sell or entitle the user to items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subparagraph.

Such devices are no less gambling devices if they indicate beforehand the definite result of one (1) or more operations but not all the operations, nor are they any less gambling devices if, apart from their use or adaptability as such, they also sell or deliver something of value on a basis other than chance.

Illegal gambling. The making, placing or receipt of any bet or wager in the city of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or other event the outcome of which is uncertain or a matter of chance, whether such game, contest or event occurs or is to occur inside or outside the limits of this city, shall constitute illegal gambling.

Operator. The term "operator" includes any person, firm or association of persons who or which conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.

(Ord. No. 2258, § 1; Code 1961, § 19-1; Ord. No. 3095-83)

State law reference— Similar provisions, Code of Virginia, § 18.2-325.

Sec. 18-2. - Illegal gambling generally.

Except as otherwise provided in this chapter, any person who illegally gambles shall be guilty of a Class 3 misdemeanor. If an association or pool of persons illegally gamble, each person therein shall be guilty of illegal gambling.

(Ord. No. 2258, § 2; Code 1961, § 19-2; Ord. No. 3095-83)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11(a)(3).

State law reference— Similar provisions, Code of Virginia, § 18.2-326.

Sec. 18-3. - Winning by fraud.

If any person, while gambling, cheats or by fraudulent means wins or acquires for himself or herself or another money or any other valuable thing, such person shall be fined no less than five (5) nor more than ten (10) times the value of such winnings. This penalty shall be in addition to any other penalty imposed under this chapter.

(Ord. No. 2258, § 3; Code 1961, § 19-3; Ord. No. 3095-83)

State law reference— Similar provisions, Code of Virginia, § 18.2-327.

Sec. 18-4. - Permitting gambling to continue in one's premises.

If the owner, lessee, tenant, occupant or other person in control of any place or conveyance knows, or reasonably should know, that it is being used for illegal gambling, and permits such gambling to continue without having notified a law-enforcement officer of the presence of such illegal gambling activity, such person shall be guilty of a Class 1 misdemeanor.

(Ord. No. 2258, § 4; Code 1961, § 19-4; Ord. No. 3095-83)

Cross reference— Penalty for Class 1 misdemeanor, § 1-11(a)(1).

State law reference— Similar provisions, Code of Virginia, § 18.2-329.

Sec. 18-5. - Aiding or abetting operation of illegal gambling activity.

Any person, other than those specified in other sections of this chapter, who knowingly aide, abets or assists in the operation of an illegal gambling activity, shall be guilty of a Class 2 misdemeanor.

(Ord. No. 2258, § 5; Code 1961, § 19-5; Ord. No. 3095-83)

Cross reference— Penalty for Class 2 misdemeanor, § 1-11(a)(2).

State law reference— Similar provisions, Code of Virginia, § 18.2-330.

Sec. 18-6. - Illegal possession of gambling device.

A person is guilty of illegal possession of a gambling device when such person manufactures, sells, transports, rents, gives away, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of, any gambling device, while believing or having reason to believe that such device is to be used in the advancement of any unlawful gambling activity. Illegal possession of a gambling device shall constitute a Class 1 misdemeanor.

(Ord. No. 2258, § 6; Code 1961, § 19-6; Ord. No. 3095-83)

Cross reference— Penalty for Class 1 misdemeanor, § 1-11(a)(1).

State law reference— Similar provisions, Code of Virginia, § 18.2-331.

Sec. 18-7. - Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise.

All money, gambling devices, office equipment and other personal property used in connection with an illegal gambling enterprise or activity, and all money, stakes and things of value received or proposed to be received by a winner in any illegal gambling transaction, which are lawfully seized by any law-enforcement officer or which shall lawfully come into such officer's custody shall be forfeited to the city by order of the court in which a conviction under this chapter is obtained. Such court shall order all money so forfeited to be paid over to the city and, by order, shall make such disposition of other property so forfeited as the court deems proper, including the award of such property to any city or state agency or charitable organization for lawful purposes; or, in case of the sale thereof, the proceeds therefrom to be paid over to the city. Such forfeiture shall not extinguish the rights of any person, without knowledge of the illegal use of such property, who is the lawful owner or who has a lien on the same which has been perfected as provided by law.

(Ord. No. 2258, § 11; Code 1961, § 19-11; Ord. No. 3095-83)

State law reference— Similar provisions, Code of Virginia, § 19.2-386.30.

Sec. 18-8. - Certain acts not deemed "consideration" in prosecution under chapter.

In any prosecution under this chapter, no consideration shall be deemed to have passed or been given because of any person's attendance upon the premises of another; his execution, mailing or delivery of an entry blank; his answering of questions, verbally or in writing; his witnessing of a demonstration or other proceeding; or any one (1) or more thereof, where no charge is made to, paid by, or any purchase required of him in connection therewith.

(Ord. No. 2258, § 7; Code 1961, § 19-7; Ord. No. 3095-83)

State law reference— Similar provisions, Code of Virginia,. § 18.2-332.

Sec. 18-9. - Exceptions from chapter—Contests of speed or skill.

(a)

Nothing in this chapter shall be construed to prevent any contest of speed or skill between men, animals, fowl or vehicles, where participants may receive prizes or different percentages of a purse, stake or premium dependent upon whether they win or lose, or dependent upon their position or score at the end of such contest.

(b)

Any participant who, for the purpose of competing for any such purse, stake or premium offered in any such contest, knowingly and fraudulently enters any contestant other than the contestant purported to be entered or knowingly and fraudulently enters a contestant in a class in which such contestant does not belong, shall be guilty of a Class 3 misdemeanor.

(Ord. No. 2258, § 8; Code 1961, § 19-8; Ord. No. 3095-83)

Cross reference— Penalty for Class 3 misdemeanor, § 1-11(a)(3).

State law reference— Similar provisions, Code of Virginia, § 18.2-333.

Sec. 18-10. - Same—Games of chance in private residences.

Nothing in this chapter shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and that there is no operator, as defined in section 18-1.

(Ord. No. 2258, § 9; Code 1961, § 19-9; Ord. No. 3095-83)

State law reference— Similar provisions, Code of Virginia, § 18.2-334.