Gaming
[align=left]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. (a) 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 permit the
operation, placement, maintenance, or keeping of, in any place, room,
space, or building owned, leased, or occupied, managed, or
controlled by that person, any slot machine or device, as defined in
this section.
It is unlawful for any person to make or to permit the making of
an agreement with another person regarding any slot machine or
device, by which the user of the slot machine or device, as a result
of the element of hazard or chance or other unpredictable outcome,
may become entitled to receive money, credit, allowance, or other
thing of value or additional chance or right to use the slot machine
or device, or to receive any check, slug, token, or memorandum
entitling the holder to receive money, credit, allowance, or other
thing of value.
(b) The limitations of subdivision (a), insofar as they relate to
owning, storing, possessing, or transporting any slot machine or
device, do not apply to any slot machine or device located upon or
being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as the 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.
(c) The limitations of subdivision (a) do not apply to a
manufacturer's business activities that are conducted in accordance
with the terms of a license issued by a tribal gaming agency pursuant
to the tribal-state gaming compacts entered into in accordance with
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168,
inclusive, and 25 U.S.C. Sec. 2701 et seq.).
(d) For purposes of this section, "slot machine or device" means a
machine, apparatus, or device that is adapted, or may readily be
converted, for use in a way that, as a result of the insertion of any
piece of money or coin or other object, or by any other means, the
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
operation unpredictable by him or her, 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 the 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 operation, also sell, deliver, or present
some merchandise, indication of weight, entertainment, or other thing
of value.
(e) Every person who violates this section is guilty of a
misdemeanor.
(f) Pinball 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 included within the
term slot machine or device, as defined in this section.
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 (d) 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 a defendant
shall be destroyed or otherwise altered until after a final court
determination that the 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, or if used solely as a prop for a motion picture,
television, or video production.
(b) Subdivision (a) shall apply only if the slot machine or device
is adjusted to render the machine or device inoperable, or if the
slot machine or device is set on demonstration mode.
(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:
(1) "Demonstration mode" means that the programming or settings of
a slot machine or device have been programmed, set, or selected to
operate normally, but to not accept or pay out cash or any other
consideration.
(2) "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 the case of
larceny of property of like value for the first offense, except that
the fine may not exceed more than five thousand dollars ($5,000). A
second offense of this section is punishable, as in the case of
larceny, except that the fine shall not exceed ten thousand dollars
($10,000), or both imprisonment and fine.
(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.
336.5. Gaming chips may be used on the gaming floor by a patron of
a gambling establishment, as defined in subdivision (m) of Section
19805 of the Business and Professions Code, to pay for food and
beverage items that are served at the table.
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. (a) Every person who engages in one of the following
offenses, shall be punished for a first offense by imprisonment in a
county jail for a period of not more than one year or in the state
prison, or by a fine not to exceed five thousand dollars ($5,000), or
by both imprisonment and fine:
(1) Pool selling or bookmaking, with or without writing, at any
time or place.
(2) 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, any purported bet or
bets, wager or wagers, any purported wager or wagers, selling pools,
or purported pools, upon the result, or purported result, of any
trial, purported trial, contest, or purported contest, of skill,
speed or power of endurance of person or animal, or between persons,
animals, or mechanical apparatus, or upon the result, or purported
result, of any lot, chance, casualty, unknown or contingent event
whatsoever.
(3) 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 person or animal, or between persons, animals,
or mechanical apparatus, or upon the result, or purported result, of
any lot, chance, casualty, unknown or contingent event whatsoever.
(4) 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 person or animal, or between persons, animals,
or mechanical apparatus, or upon the result, or purported result, of
any lot, chance, casualty, unknown or contingent event whatsoever.
(5) 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 that space to be used
or occupied for any purpose, or in any manner prohibited by paragraph
(1), (2), (3), or (4).
(6) 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 person or animal, or between persons, animals,
or mechanical apparatus.
(b) 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 or she is not imprisoned in the state prison,
be imprisoned in the county jail for a period of not more than one
year and pay a fine of not less than one thousand dollars ($1,000)
and not to exceed ten thousand dollars ($10,000). Nothing in this
paragraph shall prohibit a court from placing a person subject to
this subdivision on probation. However, that person shall be required
to pay a fine of not less than one thousand dollars ($1,000) nor
more than ten thousand dollars ($10,000) or 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 pursuant to this subdivision from either being
imprisoned or from paying a fine of not less than one thousand
dollars ($1,000) and not more than ten thousand dollars ($10,000).
(c) 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
previous conviction shall be charged in the accusatory pleadings. If
two or more of the 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 or she 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 fifteen thousand dollars
($15,000), or be punished by both imprisonment and fine. Nothing in
this paragraph shall prohibit a court from placing a person subject
to this subdivision on probation. However, that person shall be
required to pay a fine of not less than one thousand dollars ($1,000)
nor more than fifteen thousand dollars ($15,000), or 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 and subject to this subdivision from
either being imprisoned or from paying a fine of not more than
fifteen thousand dollars ($15,000).
(d) 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.
(e) This section applies not only to persons who commit any of the
acts designated in paragraphs (1) to (6), inclusive, of subdivision
(a), as a business or occupation, but also applies to every person
who in a single instance engages in any one of the acts specified in
paragraphs (1) to (6), inclusive, of subdivision (a).
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, offers to give, 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,
including, but not limited to, sporting events, contests, and
exhibitions such as baseball, football, boxing, horse racing, and
wrestling matches, with the intention or agreement or understanding
that the person shall corruptly or dishonestly umpire, manage,
direct, referee, supervise, judge, preside, or officiate at, any
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 of not more than ten
thousand dollars ($10,000), or by imprisonment and fine. A second
offense of this section is a felony and shall be punished by
imprisonment in the state prison or by a fine of not more than
fifteen thousand dollars ($15,000), or by both imprisonment and fine.
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 ten
thousand dollars ($10,000), or by both imprisonment and fine. A
second offense of this section is punishable by imprisonment in a
county jail for a period of not more than one year or in the state
prison or by a fine of not more than ten thousand dollars ($10,000),
or by both imprisonment and fine.
(e) (1) As used in this section, "controlled game" means any poker
or Pai Gow game, and any other game played with cards or tiles, or
both, and approved by the Department of Justice, and 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.
A fee may not be calculated as a fraction or percentage of wagers
made or winnings earned. The amount of fees charged for all wagers
shall be determined prior to the start of play of any hand or round.
However, the gambling establishment may waive collection of the fee
or portion of the fee in any hand or round of play after the hand or
round has begun pursuant to the published rules of the game and the
notice provided to the public. 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 five collection rates
may be established per table. However, if the gambling establishment
waives its collection fee, this fee does not constitute one of the
five collection rates.
337k. (a) It is unlawful for any person to advertise, or to
facilitate the advertisement of, nonparimutuel wagering on horse
races.
(b) Violation of this section is an infraction punishable by a
fine of five hundred dollars ($500). A second conviction for a
violation of this section is a misdemeanor punishable by a fine of up
to ten thousand dollars ($10,000).
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.
337t. The following definitions govern the construction of this
section and Sections 337u, 337w, 337x, and 337y:
(a) "Associated equipment" means any equipment or mechanical,
electromechanical, or electronic contrivance, component or machine
used remotely or directly in connection with gaming or any game that
would not otherwise be classified as a gaming device, including dice,
playing cards, links which connect to progressive slot machines,
equipment which affects the proper reporting of gross revenue,
computerized systems for monitoring slot machines and devices for
weighing or counting money.
(b) "Cashless wagering system" means a method of wagering and
accounting in which the validity and value of a wagering instrument
or wagering credits are determined, monitored, and retained by a
computer that is operated and maintained by a licensee and that
maintains a record of each transaction involving the wagering
instrument or wagering credits, exclusive of the game or gaming
device on which wagers are being made. The term includes
computerized systems which facilitate electronic transfers of money
directly to or from a game or gaming device.
(c) "Cheat" means to alter the normal elements of chance, method
of selection, or criteria, excluding those alterations to the game
generally done by the casino to provide variety to games and that are
known, or should be known, by the wagering players, which determine
any of the following:
(1) The result of a gambling game.
(2) The amount or frequency of payment in a gambling game.
(3) The value of a wagering instrument.
(4) The value of a wagering credit.
(d) "Drop box" means the box that serves as a repository for cash,
chips, tokens, or other wagering instruments.
(e) "Gambling establishment" means any premises wherein or whereon
any gaming is done.
(f) "Gambling game device" means any equipment or mechanical,
electromechanical, or electronic contrivance, component or machine
used remotely or directly in connection with gaming or any game which
affects the result of a wager by determining win or loss. The term
includes any of the following:
(1) A slot machine.
(2) A collection of two or more of the following components:
(A) An assembled electronic circuit which cannot be reasonably
demonstrated to have any use other than in a slot machine.
(B) A cabinet with electrical wiring and provisions for mounting a
coin, token, or currency acceptor and provisions for mounting a
dispenser of coins, tokens, or anything of value.
(C) A storage medium containing the source language or executable
code of a computer program that cannot be reasonably demonstrated to
have any use other than in a slot machine.
(D) An assembled video display unit.
(E) An assembled mechanical or electromechanical display unit
intended for use in gambling.
(F) An assembled mechanical or electromechanical unit which cannot
be demonstrated to have any use other than in a slot machine.
(3) Any mechanical, electrical, or other device that may be
connected to or used with a slot machine to alter the normal criteria
of random selection or affect the outcome of a game.
(4) A system for the accounting or management of any game in which
the result of the wager is determined electronically by using any
combination of hardware or software for computers.
(5) Any combination of one of the components set forth in
subparagraphs (A) to (F), inclusive, of paragraph (2) and any other
component that the commission determines, by regulation, to be a
machine used directly or remotely in connection with gaming or any
game which affects the results of a wager by determining a win or
loss.
(g) "Past-posting" means the placing of a wager by an individual
at a game after having knowledge of the result or outcome of that
game.
(h) "Pinching wagers" means to reduce the amount wagered or to
cancel the wager after acquiring knowledge of the outcome of the game
or other event that is the subject of the wager.
(i) "Pressing wagers" means to increase a wager after acquiring
knowledge of the outcome of the game or other event that is the
subject of the wager.
(j) "Tribal Gaming Agency" means the person, agency, board,
committee, commission, or council designated under tribal law,
including, but not limited to, an intertribal gaming regulatory
agency approved to fulfill those functions by the National Indian
Gaming Commission, as primarily responsible for carrying out the
regulatory responsibilities of the tribe under the Indian Gaming and
Regulatory Act (25 U.S.C. Sec. 2701) and a tribal gaming ordinance.
(k) "Wagering credit" means a representative of value, other than
a chip, token, or wagering instrument, that is used for wagering at a
game or gaming device and is obtained by the payment of cash or a
cash equivalent, the use of a wagering instrument or the electronic
transfer of money.
(l) "Wagering instrument" means a representative of value, other
than a chip or token, that is issued by a licensee and approved by
the California Gambling Control Commission or a tribal gaming agency,
for use in a cashless wagering system.
337u. It is unlawful for any person to commit any of the following
acts:
(a) To alter or misrepresent the outcome of a gambling game or
other event on which wagers lawfully have been made after the outcome
is determined, but before it is revealed to the players.
(b) To place, increase, or decrease a wager or to determine the
course of play after acquiring knowledge, not available to all
players, of the outcome of the gambling game or any event that
affects the outcome of the gambling game or which is the subject of
the wager or to aid anyone in acquiring that knowledge for the
purpose of placing, increasing, or decreasing a wager or determining
the course of play contingent upon that event or outcome.
(c) To claim, collect, or take, or attempt to claim, collect, or
take, money or anything of value in or from a gambling game, with
intent to defraud, without having made a wager contingent on the
game, or to claim, collect, or take an amount greater than the amount
actually won.
(d) Knowingly to entice or induce another to go to any place where
a gambling game is being conducted or operated in violation of this
section, or Section 337v, 337w, 337x, or 337y, with the intent that
the other person play or participate in that gambling game.
(e) To place or increase a wager after acquiring knowledge of the
outcome of the gambling game or other event which is the subject of
the wager, including past-posting and pressing wagers.
(f) To reduce the amount wagered or cancel the wager after
acquiring knowledge of the outcome of the gambling game or other
event which is the subject of the bet, including pinching wagers.
(g) To manipulate, with the intent to cheat, any component of a
gambling game device in a manner contrary to the designed and normal
operational purpose for the component, including, but not limited to,
varying the pull of the handle of a slot machine, with knowledge
that the manipulation affects the outcome of the gambling game or
with knowledge of any event that affects the outcome of the gambling
game.
337v. It is unlawful for any person at a gambling establishment to
use, or to possess with the intent to use, any device to assist in
any of the following:
(a) In projecting the outcome of the gambling game.
(b) In keeping track of the cards played.
(c) In analyzing the probability of the occurrence of an event
relating to the gambling game.
(d) In analyzing the strategy for playing or wagering to be used
in the gambling game, except as permitted by the California Gambling
Control Commission or a tribal gaming agency.
337w. (a) It is unlawful for any person to use counterfeit chips,
counterfeit debit instruments, or other counterfeit wagering
instruments in a gambling game, the equipment associated with a
gambling game, or a cashless wagering system.
(b) It is unlawful for any person, in playing or using any
gambling game, the equipment associated with a gambling game, or a
cashless wagering system designed to be played with, receive, or be
operated by chips, tokens, wagering credits or other wagering
instruments approved by the California Gambling Control Commission or
a tribal gaming agency, or by lawful coin of the United States of
America to either:
(1) Knowingly use chips, tokens, wagering credits, or other
wagering instruments not approved by the California Gambling Control
Commission or a tribal gaming agency, or lawful coin, legal tender of
the United States of America, or use coins or tokens not of the
same denomination as the coins or tokens intended to be used in that
gambling game, associated equipment, or cashless wagering system.
(2) Use any device or means to violate this section or Section
337u, 337v, 337x, or 337y.
(c) It is unlawful for any person, not a duly authorized employee
of a gambling establishment acting in furtherance of his or her
employment within that establishment, to possess any device intended
to be used to violate this section or Section 337u, 337v, 337x, or
337y.
(d) It is unlawful for any person, not a duly authorized employee
of a gambling establishment acting in furtherance of his or her
employment within that establishment, to possess any key or device
known to have been designed for the purpose of, and suitable for,
opening, entering, or affecting the operation of any gambling game,
cashless wagering system, or dropbox, or for removing money or other
contents from the game, system, or box.
(e) It is unlawful for any person to possess any paraphernalia for
manufacturing slugs. As used in this subdivision, "paraphernalia
for manufacturing slugs" means the equipment, products, and materials
that are intended for use or designed for use in manufacturing,
producing, fabricating, preparing, testing, analyzing, packaging,
storing, or concealing a counterfeit facsimile of the chips, tokens,
debit instruments, or other wagering instruments approved by the
California Gambling Control Commission or a tribal gaming agency, or
a lawful coin of the United States, the use of which is unlawful
pursuant to subdivision (b). The term "paraphernalia for
manufacturing slugs" includes, but is not limited to, any of the
following:
(1) Lead or lead alloys.
(2) Molds, forms, or similar equipment capable of producing a
likeness of a gaming token or lawful coin of the United States.
(3) Melting pots or other receptacles.
(4) Torches.
(5) Tongs, trimming tools, or other similar equipment.
(6) Equipment which can be reasonably demonstrated to manufacture
facsimiles of debit instruments or wagering instruments approved by
the California Gambling Control Commission or a tribal gaming
agency.
337x. It is unlawful to cheat at any gambling game in a gambling
establishment.
337y. It is unlawful to do either of the following:
(a) Manufacture, sell, or distribute any cards, chips, dice, game,
or device which is intended to be used to violate Section 337u,
337v, 337w, or 337x.
(b) Mark, alter, or otherwise modify any gambling game device or
associated equipment in a manner that either:
(1) Affects the result of a wager by determining win or loss.
(2) Alters the normal criteria of random selection, which affects
the operation of a gambling game or which determines the outcome of a
game.
(c) It is unlawful for any person to instruct another in cheating
or in the use of any device for that purpose, with the knowledge or
intent that the information or use conveyed may be employed to
violate Section 337u, 337v, 337w, or 337x.
337z. (a) Any person who violates Section 337u, 337v, 337w, 337x,
or 337y shall be punished as follows:
(1) For the first violation, by imprisonment in a county jail for
a term not to exceed one year, or by a fine of not more than ten
thousand dollars ($10,000), or by both imprisonment and fine.
(2) For a second or subsequent violation of any of those sections,
by imprisonment in a county jail for a term not to exceed one year
or by a fine of not more than fifteen thousand dollars ($15,000), or
by both imprisonment and fine.
(b) A person who attempts to violate Section 337u, 337v, 337w,
337x, or 337y shall be punished in the same manner as the underlying
crime.
(c) This section does not preclude prosecution under Section 332
or any other provision of law.[/align]
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