Legislation # 06-0673 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "GAMBLING."
 
Legislation History 06-0673
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0673
FileTypeSizeDescription
Chapter 16 - Gambling - REDLINE - October 17 2006.doc Other 42K Chapter 16 Redline Version
 
Legislation Text 06-0673

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0673

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "GAMBLING."

 

Chapter 16

 

GAMBLING*

__________

* Charter References: Authority of city to adopt ordinances paralleling state misdemeanor statutes, 2.01c.

Cross References: Management of massage parlors not to permit gambling violations, 19-4.

__________

 

Sec. 16-1. Definitions.

Sec. 16-2. Illegal gambling generally.

Sec. 16-3. Winning by fraud.

Sec. 16-4. Permitting gambling to continue in one's premises.

Sec. 16-5. Aiding or abetting operation of illegal gambling activity.

Sec. 16-6. Illegal possession of gambling device.

Sec. 16-7. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise.

Sec. 16-8. Certain acts not deemed "consideration" in prosecution under chapter.

Sec. 16-9. Exceptions from chapter--Contests of speed or skill.

Sec. 16-10. Same--Games of chance in private residences.

Sec. 16-11. Same--Bingo games and raffles permitted by law.

Sec. 16-12. Immunity of witness testifying in prosecution under chapter; compulsory testimony.

 

Sec. 16-1. Definitions.

 

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

 

Gambling device. A "gambling device" includes:

 

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

 

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

 

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

 

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

 

Interstate gambling means the conduct of an enterprise for profit which engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.

 

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

State Law References: Similar provisions, Code of Virginia, 18.2-325.

 

Sec. 16-2. Illegal gambling generally.

 

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

(Code 1956, 16-18; Ord. No. 13; Ord. No. 474; Code 1964, 19-1)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-326.

 

Sec. 16-3. Winning by fraud.

 

If any person, while gambling, cheats or by fraudulent means wins or acquires for himself or another money or any other valuable thing, such person shall be fined not less than five (5) nor more than ten (10) times the value of such winnings. This penalty shall be in addition to any other penalty imposed under this chapter.

State Law References: Similar provisions, Code of Virginia, 18.2-327.

 

Sec. 16-4. Permitting gambling to continue in one's premises.

 

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

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-329.

 

 

Sec. 16-5. Aiding or abetting operation of illegal gambling activity.

 

Any person, other than those specified in other sections of this chapter, who knowingly aids, abets or assists in the operation of an illegal gambling enterprise, activity or operation, shall be guilty of a Class 1 misdemeanor.

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-330.

 

Sec. 16-6. Illegal possession of gambling device.

 

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

Cross References: Penalty for Class 1 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-331

 

Sec. 16-7. Forfeiture of money, gambling devices, etc., seized from illegal gambling enterprise.

 

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

(Code 1956, 16-21; Code 1964, 19-6)

State Law References: Similar provisions, Code of Virginia, 19.2-386.30.

 

Sec. 16-8. Certain acts not deemed "consideration" in prosecution under chapter.

 

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

(Code 1964, 19-5)

State Law References: Similar provisions, Code of Virginia, 18.2-332.

 

Sec. 16-9. Exceptions from chapter--Contests of speed or skill.

 

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

 

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

Cross References: Penalty for Class 3 misdemeanor, 1-11.

State Law References: Similar provisions, Code of Virginia, 18.2-333.

 

Sec. 16-10. Same--Games of chance in private residences.

 

Nothing in this chapter shall be construed to make it illegal to participate in a game of chance conducted in a private residence, provided such private residence is not commonly used for such games of chance and that there is no operator, as defined in section 16-1.

(Code 1956, 16-18; Ord. No. 13; Ord. No. 474; Code 1964, 19-1)

State Law References: Similar provisions, Code of Virginia, 18.2-334.

 

Sec. 16-11. Same--Bingo games and raffles permitted by law.

 

Nothing in this chapter shall apply to any bingo game, instant bingo, raffle or duck race conducted solely by organizations as defined in Code of Virginia, 18.2-340.16 which have received a permit as set forth in Code of Virginia, 18.2-340.25, or which are exempt from the permit requirement under Code of Virginia, 18.2-340.23.

(Ord. No. 385; Ord. No. 625, 7-25-79; Code 1964, 19-16.1)

State Law References: Similar provisions, Code of Virginia, 18.2-334.2.

 

Sec. 16-12. Immunity of witness testifying in prosecution under chapter; compulsory testimony.

 

No witness, called by the prosecution or by the court, giving evidence in any prosecution under this chapter, shall ever be prosecuted for the offense concerning which such witness testifies. Such witness shall be compelled to testify and for refusing to do so may be punished for contempt.

State Law References: Similar provisions, Code of Virginia, 18.2-337.

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council