|
CALIFORNIA CODES PENAL CODE SECTION
330-337s
330. Every person who deals, plays, or
carries on, opens, or causes to be opened, or who conducts, either as owner or
employee, whether for hire or not, any game of faro, monte, roulette,
lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one,
hokey-pokey, or any banking or percentage game played with cards, dice, or any
device, for money, checks, credit, or other representative of value, and every
person who plays or bets at or against any of those prohibited games, is guilty
of a misdemeanor, and shall be punishable by a fine not less than one hundred
dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment
in the county jail not exceeding six months, or by both the fine and
imprisonment.
330a. Every person, who has in his
possession or under his control, either as owner, lessee, agent, employee,
mortgagee, or otherwise, or who permits to be placed, maintained or kept, in
any room, space, inclosure or building owned, leased or occupied by him, or
under his management or control, any slot or card machine, contrivance,
appliance or mechanical device, upon the result of action of which money or
other valuable thing is staked or hazarded, and which is operated, or played,
by placing or depositing therein any coins, checks, slugs, balls, or other
articles or device, or in any other manner and by means whereof, or as a result
of the operation of which any merchandise, money, representative or articles of
value, checks, or tokens, redeemable in, or exchangeable for money or any other
thing of value, is won or lost, or taken from or obtained from such machine,
when the result of action or operation of such machine, contrivance, appliance,
or mechanical device is dependent upon hazard or chance, and every person, who
has in his possession or under his control, either as owner, lessee, agent,
employee, mortgagee, or otherwise, or who permits to be placed, maintained or
kept, in any room, space, inclosure or building, owned, leased or occupied by
him, or under his management or control, any card dice, or any dice having more
than six faces or bases each, upon the result of action of which any money or
other valuable thing is staked or hazarded, or as a result of the operation of
which any merchandise, money, representative or article of value, check or
token, redeemable in or exchangeable for money or any other thing of value, is
won or lost or taken, when the result of action or operation of such dice is
dependent upon hazard or chance, is guilty of a misdemeanor, and shall be
punishable by a fine not less than one hundred dollars ($100) nor more than one
thousand dollars ($1,000), or by imprisonment in the county jail not exceeding
six months, or by both such fine and imprisonment.
330b. Possession or keeping of slot
machines or devices. (1) It is unlawful for any person to manufacture,
repair, own, store, possess, sell, rent, lease, let on shares, lend or give
away, transport, or expose for sale or lease, or to offer to repair, sell,
rent, lease, let on shares, lend or give away, or to permit the operation of,
or for any person to permit to be placed, maintained or kept in any place,
room, space or building owned, leased or occupied by him or under his
management or control, any slot machine or device as hereinafter defined, or to
make or to permit to be made with any person any agreement with reference to
any slot machine or device, as hereinafter defined, pursuant to which the user
thereof, as a result of any element of hazard or chance or other outcome
unpredictable by him, may become entitled to receive any money, credit,
allowance, or thing of value or additional chance or right to use such slot
machine or device, or to receive any check, slug, token or memorandum entitling
the holder to receive any money, credit, allowance or thing of value; provided,
however, that this section, insofar as it relates to owning, storing,
possessing, or transporting any slot machine or device as hereinafter defined,
shall not apply to any slot machine or device as hereinafter defined, located
upon or being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as such slot machine or device is
located in a locked compartment of the vessel, is not accessible for use and is
not used or operated within the territorial jurisdiction of this State. (2)
Any machine, apparatus or device is a slot machine or device within the
provisions of this section if it is one that is adapted, or may readily be
converted into one that is adapted, for use in such a way that, as a result of
the insertion of any piece of money or coin or other object, or by any other
means, such machine or device is caused to operate or may be operated, and by
reason of any element of hazard or chance or of other outcome of such operation
unpredictable by him, the user may receive or become entitled to receive any
piece of money, credit, allowance or thing of value or additional chance or
right to use such slot machine or device, or any check, slug, token or
memorandum, whether of value or otherwise, which may be exchanged for any
money, credit, allowance or thing of value, or which may be given in trade,
irrespective of whether it may, apart from any element of hazard or chance or
unpredictable outcome of such operation, also sell, deliver or present some
merchandise, indication of weight, entertainment or other thing of value.
(3) Every person who violates this section is guilty of a misdemeanor. (4)
It is expressly provided that with respect to the provisions of Section 330b
only of this code, pin ball, and other amusement machines or devices which are
predominantly games of skill, whether affording the opportunity of additional
chances or free plays or not, are not intended to be and are not included
within the term slot machine or device as defined in said Section 330b of this
code.
330c. A punchboard as hereinafter defined
is hereby declared to be a slot machine or device within the meaning of Section
330b of this code and shall be subject to the provisions thereof. For the
purposes of this section, a punchboard is any card, board or other device which
may be played or operated by pulling, pressing, punching out or otherwise
removing any slip, tab, paper or other substance therefrom to disclose any
concealed number, name or symbol.
330.1. Every person who manufactures,
owns, stores, keeps, possesses, sells, rents, leases, lets on shares, lends or
gives away, transports or exposes for sale or lease or offers to sell, rent,
lease, let on shares, lend or give away or who permits the operation of or
permits to be placed, maintained, used or kept in any room, space or building
owned, leased or occupied by him or under his management or control, any slot
machine or device as hereinafter defined, and every person who makes or permits
to be made with any person any agreement with reference to any slot machine or
device as hereinafter defined, pursuant to which agreement the user thereof, as
a result of any element of hazard or chance, may become entitled to receive
anything of value or additional chance or right to use such slot machine or
device, or to receive any check, slug, token or memorandum, whether of value or
otherwise, entitling the holder to receive anything of value, is guilty of a
misdemeanor and shall be punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail not exceeding six months
or by both such fine and imprisonment. A slot machine or device within the
meaning of Sections 330.1 to 330.5, inclusive, of this code is one that is, or
may be, used or operated in such a way that, as a result of the insertion of
any piece of money or coin or other object such machine or device is caused to
operate or may be operated or played, mechanically, electrically, automatically
or manually, and by reason of any element of hazard or chance, the user may
receive or become entitled to receive anything of value or any check, slug,
token or memorandum, whether of value or otherwise, which may be given in
trade, or the user may secure additional chances or rights to use such machine
or device, irrespective of whether it may, apart from any element of hazard or
chance also sell, deliver or present some merchandise, indication of weight,
entertainment or other thing of value.
330.2. As used in Sections 330.1 to 330.5,
inclusive, of this code a "thing of value" is defined to be any money, coin,
currency, check, chip, allowance, token, credit, merchandise, property, or any
representative of value.
330.3. In addition to any other remedy
provided by law any slot machine or device may be seized by any of the officers
designated by Sections 335 and 335a of the Penal Code, and in such cases shall
be disposed of, together with any and all money seized in or in connection with
such machine or device, as provided in Section 335a of the Penal Code.
330.4. It is specifically declared that
the mere possession or control, either as owner, lessee, agent, employee,
mortgagor, or otherwise of any slot machine or device, as defined in Section
330.1 of this code, is prohibited and penalized by the provisions of Sections
330.1 to 330.5, inclusive, of this code. It is specifically declared that
every person who permits to be placed, maintained or kept in any room, space,
enclosure, or building owned, leased or occupied by him, or under his
management or control, whether for use or operation or for storage, bailment,
safekeeping or deposit only, any slot machine or device, as defined in Section
330.1 of this code, is guilty of a misdemeanor and punishable as provided in
Section 330.1 of this code. It is further declared that the provisions of
this section specifically render any slot machine or device as defined in
Section 330.1 of this code subject to confiscation as provided in Section 335a
of this code.
330.5. It is further expressly provided
that Sections 330.1 to 330.4, inclusive, of this code shall not apply to music
machines, weighing machines and machines which vend cigarettes, candy, ice
cream, food, confections or other merchandise, in which there is deposited an
exact consideration and from which in every case the customer obtains that
which he purchases; and it is further expressly provided that with respect to
the provisions of Sections 330.1 to 330.4, inclusive, only, of this code, pin
ball, and other amusement machines or devices which are predominantly games of
skill, whether affording the opportunity of additional chances or free plays or
not, are not intended to be and are not included within the term slot machine
or device as defined within Sections 330.1 to 330.4, inclusive, of this code.
330.6. The provisions of Sections 330.1 to
330.5, inclusive, of this code, with respect to owning, storing, keeping,
possessing, or transporting any slot machine or device as therein defined,
shall not apply to any slot machine or device as therein defined, located upon
or being transported by any vessel regularly operated and engaged in interstate
or foreign commerce, so long as such slot machine or device is located in a
locked compartment of the vessel, is not accessible for use and is not used or
operated within the territorial jurisdiction of this State.
330.7. (a) It shall be a defense to any
prosecution under this chapter relating to slot machines, as defined in
subdivision (2) of Section 330b, if the defendant shows that the slot machine
is an antique slot machine and was not operated for gambling purposes while in
the defendant's possession. For the purposes of this section, the term "antique
slot machine" means a slot machine that is over 25 years of age. (b)
Notwithstanding Section 335a, whenever the defense provided by subdivision (a)
is offered, no slot machine seized from any defendant shall be destroyed or
otherwise altered until after a final court determination that such defense is
not applicable. If the defense is applicable, the machine shall be returned
pursuant to provisions of law providing for the return of property. (c) It
is the purpose of this section to protect the collection and restoration of
antique slot machines not presently utilized for gambling purposes because of
their aesthetic interest and importance in California history.
330.8. Notwithstanding Sections 330a,
330b, and 330.1 to 330.5, inclusive, the sale, transportation, storage, and
manufacture of gambling devices, as defined in Section 330.1, including the
acquisition of essential parts therefor and the assembly of such parts, is
permitted, provided those devices are sold, transported, stored, and
manufactured only for subsequent transportation in interstate or foreign
commerce when that transportation is not prohibited by any applicable federal
law. Those activities may be conducted only by persons who have registered with
the United States government pursuant to Chapter 24 (commencing with Section
1171) of Title 15 of the United States Code, as amended. Those gambling devices
shall not be displayed to the general public or sold for use in California
regardless of where purchased, nor held nor manufactured in violation of any
applicable federal law. A violation of this section is a misdemeanor.
330.9. (a) Notwithstanding Sections 330a,
330b, 330.1 to 330.5, inclusive, or any other provision of law, it shall be
lawful for any person to transport and possess any slot machine or device for
display at a trade show, conference, or convention being held within this
state. (b) Subdivision (a) shall apply only if the slot machine or device
is adjusted to render the machine or device inoperable. (c) This section is
intended to constitute a state exemption as provided in Section 1172 of Title
15 of the United States Code. (d) For purposes of this section, "slot
machine or device" has the same meaning as "slot machine or device" as defined
in Section 330.1, or "gambling device" as defined in paragraph (1) of
subsection (a) of Section 1171 of Title 15 of the United States Code.
330.11. "Banking game" or "banked game"
does not include a controlled game if the published rules of the game feature a
player-dealer position and provide that this position must be continuously and
systematically rotated amongst each of the participants during the play of the
game, ensure that the player-dealer is able to win or lose only a fixed and
limited wager during the play of the game, and preclude the house, another
entity, a player, or an observer from maintaining or operating as a bank during
the course of the game. For purposes of this section it is not the intent of
the Legislature to mandate acceptance of the deal by every player if the
division finds that the rules of the game render the maintenance of or
operation of a bank impossible by other means. The house shall not occupy the
player-dealer position.
331. Every person who knowingly permits
any of the games mentioned in Sections 330 and 330a to be played, conducted, or
dealt in any house owned or rented by such person, in whole or in part, is
punishable as provided in Sections 330 and 330a.
332. (a) Every person who by the game of
"three card monte," so-called, or any other game, device, sleight of hand,
pretensions to fortune telling, trick, or other means whatever, by use of cards
or other implements or instruments, or while betting on sides or hands of any
play or game, fraudulently obtains from another person money or property of any
description, shall be punished as in case of larceny of property of like value.
(b) For the purposes of this section, "fraudulently obtains" includes, but
is not limited to, cheating, including, for example, gaining an unfair
advantage for any player in any game through a technique or device not
sanctioned by the rules of the game. (c) For the purposes of establishing
the value of property under this section, poker chips, tokens, or markers have
the monetary value assigned to them by the players in any game.
333. Every person duly summoned as a
witness for the prosecution, on any proceedings had under this Chapter, who
neglects or refuses to attend, as required, is guilty of a misdemeanor.
334. (a) Every person who owns or operates
any concession, and who fraudulently obtains money from another by means of any
hidden mechanical device or obstruction with intent to diminish the chance of
any patron to win a prize, or by any other fraudulent means, shall be punished
as in the case of theft of property of like value. (b) Any person who
manufactures or sells any mechanical device or obstruction for a concession
which he knows or reasonably should know will be fraudulently used to diminish
the chance of any patron to win a prize is guilty of a misdemeanor. (c) Any
person who owns or operates any game, at a fair or carnival of a type known as
razzle-dazzle is guilty of a misdemeanor.
As used in this subdivision,
"razzle-dazzle" means a series of games of skill or chance in which the player
pays money or other valuable consideration in return for each opportunity to
make successive attempts to obtain points by the use of dice, darts, marbles or
other implements, and where such points are accumulated in successive games by
the player toward a total number of points, determined by the operator, which
is required for the player to win a prize or other valuable consideration.
(d) As used in this section, "concession" means any game or concession open to
the public and operated for profit in which the patron pays a fee for
participating and may receive a prize upon a later happening. (e) Nothing
in this section shall be construed to prohibit or preempt more restrictive
regulation of any concession at a fair or carnival by any local governmental
entity.
335. Every district attorney, sheriff, or
police officer must inform against and diligently prosecute persons whom they
have reasonable cause to believe offenders against the provisions of this
chapter, and every officer refusing or neglecting so to do, is guilty of a
misdemeanor.
335a. In addition to any other remedy
provided by law any machine or other device the possession or control of which
is penalized by the laws of this State prohibiting lotteries or gambling may be
seized by any peace officer, and a notice of intention summarily to destroy
such machine or device as provided in this section must be posted in a
conspicuous place upon the premises in or upon which such machine or device was
seized. Such machine or device shall be held by such officer for 30 days after
such posting, and if no action is commenced to recover possession of such
machine or device, within such time, the same shall be summarily destroyed by
such officer, or if such machine or device shall be held by the court, in any
such action, to be in violation of such laws, or any of them, the same shall be
summarily destroyed by such officer immediately after the decision of the court
has become final. The superior court shall have jurisdiction of any such
actions or proceedings commenced to recover the possession of such machine or
device or any money seized in connection therewith. Any and all money seized in
or in connection with such machine or device shall, immediately after such
machine or device has been so destroyed, be paid into the treasury of the city
or county, as the case may be, where seized, said money to be deposited in the
general fund.
336. Every owner, lessee, or keeper of any
house used in whole, or in part, as a saloon or drinking place, who knowingly
permits any person under 18 years of age to play at any game of chance therein,
is guilty of a misdemeanor.
337. Every state, county, city, city and
county, town, or judicial district officer, or other person who shall ask for,
receive, or collect any money, or other valuable consideration, either for his
own or the public use, for and with the understanding that he will aid, exempt,
or otherwise assist any person from arrest or conviction for a violation of
Section 330 of the Penal Code; or who shall issue, deliver, or cause to be
given or delivered to any person or persons, any license, permit, or other
privilege, giving, or pretending to give, any authority or right to any person
or persons to carry on, conduct, open, or cause to be opened, any game or games
which are forbidden or prohibited by Section 330 of said code; and any of such
officer or officers who shall vote for the passage of any ordinance or by-law,
giving, granting, or pretending to give or grant to any person or persons any
authority or privilege to open, carry on, conduct, or cause to be opened,
carried on, or conducted, any game or games prohibited by said Section 330 of
the Penal Code, is guilty of a felony.
337a. Every person, 1. Who engages in pool
selling or bookmaking, with or without writing, at any time or place; or 2.
Who, whether for gain, hire, reward, or gratuitously, or otherwise, keeps or
occupies, for any period of time whatsoever, any room, shed, tenement, tent,
booth, building, float, vessel, place, stand or enclosure, of any kind, or any
part thereof, with a book or books, paper or papers, apparatus, device or
paraphernalia, for the purpose of recording or registering any bet or bets, or
any purported bet or bets, or wager or wagers, or any purported wager or
wagers, or of selling pools, or purported pools, upon the result, or purported
result, of any trial, or purported trial, or contest, or purported contest, of
skill, speed or power of endurance of man or beast, or between men, beasts, or
mechanical apparatus, or upon the result, or purported result, of any lot,
chance, casualty, unknown or contingent event whatsoever; or 3. Who, whether
for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or
forwards, or purports or pretends to receive, hold, or forward, in any manner
whatsoever, any money, thing or consideration of value, or the equivalent or
memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged,
bet or wagered, or offered for the purpose of being staked, pledged, bet or
wagered, upon the result, or purported result, of any trial, or purported
trial, or contest, or purported contest, of skill, speed or power of endurance
of man or beast, or between men, beasts, or mechanical apparatus, or upon the
result, or purported result, of any lot, chance, casualty, unknown or
contingent event whatsoever; or 4. Who, whether for gain, hire, reward, or
gratuitously, or otherwise, at any time or place, records, or registers any bet
or bets, wager or wagers, upon the result, or purported result, of any trial,
or purported trial, or contest, or purported contest, of skill, speed or power
of endurance of man or beast, or between men, beasts, or mechanical apparatus,
or upon the result, or purported result, of any lot, chance, casualty, unknown
or contingent event whatsoever; or 5. Who, being the owner, lessee or occupant
of any room, shed, tenement, tent, booth, building, float, vessel, place,
stand, enclosure or grounds, or any part thereof, whether for gain, hire,
reward, or gratuitously, or otherwise, permits the same to be used or occupied
for any purpose, or in any manner prohibited by subdivision 1, 2, 3 or 4 of
this section; or 6. Who lays, makes, offers or accepts any bet or bets, or
wager or wagers, upon the result, or purported result, of any trial, or
purported trial, or contest, or purported contest, of skill, speed or power of
endurance of man or beast, or between men, beasts, or mechanical apparatus, is
punishable by imprisonment in the county jail for a period of not more than one
year or in the state prison. (a) In any accusatory pleading charging a
violation of this section, if the defendant has been once previously convicted
of a violation of any subdivision of this section, the previous conviction
shall be charged in the accusatory pleading, and, if the previous conviction is
found to be true by the jury, upon a jury trial, or by the court, upon a court
trial, or is admitted by the defendant, the defendant shall, if he is not
imprisoned in the state prison, be imprisoned in the county jail for a period
of not more than one year or pay a fine of not less than five hundred dollars
($500) nor more than five thousand dollars ($5,000), or be punished by both
such fine and imprisonment. Nothing in this paragraph shall prohibit a court
from placing such a person on probation, provided, however, that such person
shall be required to pay a fine of not less than five hundred dollars ($500)
nor more than five thousand dollars ($5,000) or to be imprisoned in the county
jail for a period of not more than one year as a condition thereof. In no event
does the court have the power to absolve a person convicted hereunder from
either being imprisoned or from paying a fine of not less than five hundred
dollars ($500). (b) In any accusatory pleading charging a violation of this
section, if the defendant has been previously convicted two or more times of a
violation of any subdivision of this section, each such previous conviction
shall be charged in the accusatory pleadings; and if two or more of such
previous convictions are found to be true by the jury, upon a jury trial, or by
the court, upon a court trial, or are admitted by the defendant, the defendant
shall, if he is not imprisoned in the state prison, be imprisoned in the county
jail for a period of not more than one year or pay a fine of not less than one
thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or be
punished by both such fine and imprisonment. Nothing in this paragraph shall
prohibit a court from placing such a person on probation, provided, however,
that such person shall be required to pay a fine of not less than one thousand
dollars ($1,000) nor more than five thousand dollars ($5,000) or to be
imprisoned in the county jail for a period of not more than one year as a
condition thereof. In no event does the court have the power to absolve a
person convicted hereunder from either being imprisoned or from paying a fine
of not less than one thousand dollars ($1,000). Except where the existence of a
previous conviction of any subdivision of this section was not admitted or not
found to be true pursuant to this section, or the court finds that a prior
conviction was invalid, the court shall not strike or dismiss any prior
convictions alleged in the information or indictment. This section shall apply
not only to persons who may commit any of the acts designated in subdivisions 1
to 6 inclusive of this section, as a business or occupation, but shall also
apply to every person or persons who may do in a single instance any one of the
acts specified in said subdivisions 1 to 6 inclusive.
337b. Any person who gives, or offers or
promises to give, or attempts to give or offer, any money, bribe, or thing of
value, to any participant or player, or to any prospective participant or
player, in any sporting event, contest, or exhibition of any kind whatsoever,
except a wrestling exhibition as defined in Section 18626 of the Business and
Professions Code, and specifically including, but without being limited to,
such sporting events, contests, and exhibitions as baseball, football,
basketball, boxing, horseracing, and wrestling matches, with the intention or
understanding or agreement that such participant or player or such prospective
participant or player shall not use his or her best efforts to win such
sporting event, contest, or exhibition, or shall so conduct himself or herself
in such sporting event, contest, or exhibition that any other player,
participant or team of players or participants shall thereby be assisted or
enabled to win such sporting event, contest, or exhibition, or shall so conduct
himself or herself in such sporting event, contest, or exhibition as to limit
his or her or his or her team's margin of victory in such sporting event,
contest, or exhibition, is guilty of a felony, and shall be punished by
imprisonment in the state prison, or by a fine not exceeding five thousand
dollars ($5,000), or by both such fine and imprisonment.
337c. Any person who accepts, or attempts
to accept, or offers to accept, or agrees to accept, any money, bribe or thing
of value, with the intention or understanding or agreement that he or she will
not use his or her best efforts to win any sporting event, contest, or
exhibition of any kind whatsoever, except a wrestling exhibition as defined in
Section 18626 of the Business and Professions Code, and specifically including,
but without being limited to, such sporting events, contests, or exhibitions as
baseball, football, basketball, boxing, horseracing, and wrestling matches, in
which he or she is playing or participating or is about to play or participate
in, or will so conduct himself or herself in such sporting event, contest, or
exhibition that any other player or participant or team of players or
participants shall thereby be assisted or enabled to win such sporting event,
contest, or exhibition, or will so conduct himself or herself in such sporting
event, contest, or exhibition as to limit his or her or his or her team's
margin of victory in such sporting event, contest, or exhibition, is guilty of
a felony, and shall be punished by imprisonment in the state prison, or by a
fine not exceeding five thousand dollars ($5,000), or by both such fine and
imprisonment.
337d. Any person who gives, or offers to
give, or promises to give, or attempts to give, any money, bribe or thing of
value to any person who is umpiring, managing, directing, refereeing,
supervising, judging, presiding or officiating at, or who is about to umpire,
manage, direct, referee, supervise, judge, preside or officiate at any sporting
event, contest, or exhibition of any kind whatsoever, and specifically
including, but without being limited to, such sporting events, contests, and
exhibitions as baseball, football, boxing, horseracing, and wrestling matches,
with the intention or agreement or understanding that such person shall
corruptly or dishonestly umpire, manage, direct, referee, supervise, judge,
preside, or officiate at, any such sporting event, contest, or exhibition, or
the players or participants thereof, with the intention or purpose that the
result of the sporting event, contest, or exhibition will be affected or
influenced thereby, is guilty of a felony and shall be punished by imprisonment
in the state prison, or by a fine not exceeding five thousand dollars ($5,000),
or by both such fine and imprisonment.
337e. Any person who as umpire, manager,
director, referee, supervisor, judge, presiding officer or official receives or
agrees to receive, or attempts to receive any money, bribe or thing of value,
with the understanding or agreement that such umpire, manager, director,
referee, supervisor, judge, presiding officer, or official shall corruptly
conduct himself or shall corruptly umpire, manage, direct, referee, supervise,
judge, preside, or officiate at, any sporting event, contest, or exhibition of
any kind whatsoever, and specifically including, but without being limited to,
such sporting events, contests, and exhibitions as baseball, football, boxing,
horseracing, and wrestling matches, or any player or participant thereof, with
the intention or purpose that the result of the sporting event, contest, or
exhibition will be affected or influenced thereby, is guilty of a felony and
shall be punished by imprisonment in the state prison, or by a fine not
exceeding five thousand dollars ($5,000), or by both such fine and
imprisonment.
337f. Any person: (a) Who influences, or
induces, or conspires with, any owner, jockey, groom or other person associated
with or interested in any stable, horse, or race in which a horse participates,
to affect the result of such race by stimulating or depressing a horse through
the administration of any drug to such horse, or by the use of any electrical
device or any electrical equipment or by any mechanical or other device not
generally accepted as regulation racing equipment, or (b) Who so stimulates
or depresses a horse, or (c) Who knowingly enters any horse in any race
within a period of 24 hours after any drug has been administered to such horse
for the purpose of increasing or retarding the speed of such horse, is
punishable by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment in the state prison, or in a county jail not exceeding one year,
or by both such fine and imprisonment, or (d) Who willfully or
unjustifiably enters or races any horse in any running or trotting race under
any name or designation other than the name or designation assigned to such
horse by and registered with the Jockey Club or the United States Trotting
Association or who willfully sets on foot, instigates, engages in or in any way
furthers any act by which any horse is entered or raced in any running or
trotting race under any name or designation other than the name or designation
duly assigned by and registered with the Jockey Club or the United States
Trotting Association is guilty of a felony and punishable by imprisonment in
the state prison, or by a fine not exceeding five thousand dollars ($5,000) or
by both such fine and imprisonment. The term "drug" includes all substances
recognized as having the power of stimulating or depressing the central nervous
system, respiration, or blood pressure of an animal, such as narcotics,
hypnotics, benzedrine or its derivatives, but shall not include recognized
vitamins or supplemental feeds approved by the veterinarian representing the
California Racing Board.
337g. The possession, transport or use of
any local anaesthetic of the cocaine group, including but not limited to
natural or synthetic drugs of this group, such as allocaine, apothesine,
alypine, benzyl carbinol, butyn, procaine, nupercaine, beta-eucaine, novol or
anestubes, within the racing inclosure is prohibited, except upon a bona fide
veterinarian's prescription with complete statement of uses and purposes of
same on the container. A copy of such prescription shall be filed with the
stewards, and such substances may be used only with approval of the stewards
and under the supervision of the veterinarian representing the board.
337h. Any person who, except for medicinal
purposes, administers any poison, drug, medicine, or other noxious substance,
to any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt,
filly, dog, animals, or other livestock, entered or about to be entered in any
race or upon any race course, or entered or about to be entered at or with any
agricultural park, or association, race course, or corporation, or other
exhibition for competition for prize, reward, purse, premium, stake,
sweepstakes, or other reward, or who exposes any poison, drug, medicine, or
noxious substance, with intent that it shall be taken, inhaled, swallowed, or
otherwise received by any of these animals or other livestock, with intent to
impede or affect its speed, endurance, sense, health, physical condition, or
other character or quality, or who causes to be taken by or placed upon or in
the body of any of these animals or other livestock, entered or about to be
entered in any race or competition described in this section any sponge, wood,
or foreign substance of any kind, with intent to impede or affect its speed,
endurance, sense, health, or physical condition, is guilty of a misdemeanor.
337i. Every person who knowingly transmits
information as to the progress or results of a horserace, or information as to
wagers, betting odds, changes in betting odds, post or off times, jockey or
player changes in any contest or trial, or purported contest or trial,
involving humans, beasts, or mechanical apparatus by any means whatsoever
including, but not limited to telephone, telegraph, radio, and semaphore when
such information is transmitted to or by a person or persons engaged in illegal
gambling operations, is punishable by imprisonment in the county jail for a
period of not more than one year or in the state prison. This section shall not
be construed as prohibiting a newspaper from printing such results or
information as news, or any television or radio station from telecasting or
broadcasting such results or information as news. This section shall not be so
construed as to place in jeopardy any common carrier or its agents performing
operations within the scope of a public franchise, or any gambling operation
authorized by law.
337j. (a) It is unlawful for any person,
as owner, lessee, or employee, whether for hire or not, either solely or in
conjunction with others, to do any of the following without having first
procured and thereafter maintained in effect all federal, state, and local
licenses required by law: (1) To deal, operate, carry on, conduct,
maintain, or expose for play in this state any controlled game. (2) To
receive, directly or indirectly, any compensation or reward or any percentage
or share of the revenue, for keeping, running, or carrying on any controlled
game. (3) To manufacture, distribute, or repair any gambling equipment
within the boundaries of this state, or to receive, directly or indirectly, any
compensation or reward for the manufacture, distribution, or repair of any
gambling equipment within the boundaries of this state. (b) It is unlawful
for any person to knowingly permit any controlled game to be conducted,
operated, dealt, or carried on in any house or building or other premises that
he or she owns or leases, in whole or in part, if that activity is undertaken
by a person who is not licensed as required by state law, or by an employee of
that person. (c) It is unlawful for any person to knowingly permit any
gambling equipment to be manufactured, stored, or repaired in any house or
building or other premises that the person owns or leases, in whole or in part,
if that activity is undertaken by a person who is not licensed as required by
state law, or by an employee of that person. (d) Any person who violates,
attempts to violate, or conspires to violate this section shall be punished by
imprisonment in a county jail for not more than one year, or by a fine of not
more than five thousand dollars ($5,000), or by both that imprisonment and
fine. (e) (1) As used in this section, "controlled game" means any game of
chance, including any gambling device, played for currency, check, credit, or
any other thing of value that is not prohibited and made unlawful by statute or
local ordinance. (2) As used in this section, "controlled game" does not
include any of the following: (A) The game of bingo conducted pursuant to
Section 326.5. (B) Parimutuel racing on horse races regulated by the
California Horse Racing Board. (C) Any lottery game conducted by the
California State Lottery. (D) Games played with cards in private homes or
residences, in which no person makes money for operating the game, except as a
player. (f) This subdivision is intended to be dispositive of the law
relating to the collection of player fees in gambling establishments. No fee
may be calculated as a fraction or percentage of wagers made or winnings
earned. Fees charged for all wagers shall be determined prior to the start of
play of any hand or round. The actual collection of the fee may occur before or
after the start of play. Ample notice shall be provided to the patrons of
gambling establishments relating to the assessment of fees. Flat fees on each
wager may be assessed at different collection rates, but no more than three
collection rates may be established per table.
337s. (a) This section applies only in
counties with a population exceeding 4,000,000. (b) Every person who deals,
plays, or carries on, opens, or causes to be opened, or who conducts, either as
owner or employee, whether for hire or not, any game of draw poker, including
lowball poker, is guilty of a misdemeanor. (c) Subdivision (b) shall become
operative in a county only if the board of supervisors thereof by resolution
directs that there be placed on the ballot at a designated county election the
question whether draw poker, including lowball poker, shall be prohibited in
the county and a majority of electors voting thereon vote affirmatively. The
question shall appear on the ballot in substantially the following form:
"Shall draw poker, including lowball poker, be prohibited in ____ County?
Yes ____ No ____" If a majority of electors voting thereon vote
affirmatively, draw poker shall be prohibited in the unincorporated territory
in the county. (d) Any county ordinance in any county prohibiting,
restricting, or regulating the playing of draw poker and other acts relating to
draw poker shall not be superseded until, pursuant to subdivision (c), the
electorate of the county determines that subdivision (b) shall be operative in
the county. (e) The Legislature finds that in counties with a large,
concentrated population, problems incident to the playing of draw poker are, in
part, qualitatively, as well as quantitatively, different from the problems in
smaller counties. The Legislature finds that counties with a population
exceeding 4,000,000 constitute a special problem, and it is reasonable
classification to adopt prohibitory legislation applicable only to such
counties. (f) If any provision of this section is held invalid, the entire
section shall be invalid. The provisions of this section are not severable.
|