44-670-Ordinance No. 82-41 Recorded 11/15/1982r-
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VOL F„ GE C ! ,
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Providing For
the Regulation of Social *
Games Within Unincorporated *
r
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L E
Deschutes County,
Providing
For Procedures and
and Providing For
Penalties
Referendum.
NOV
1982
ORDINANCE NO. 82-041
ROSEMARY PATTERSO
DESCHUTES COU N
NTY CLERK
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Prohibitions.
operate, or assist in operating,
including a lottery.
Section 2. Definitions.
No person shall participate in,
any gambling game or activity,
1. The term "Card Room" shall mean any space, room or
enclosure open to the public and used or intended to be used for
playing cards.
2. The term "Gambling" shall mean any contest, game, gaming
scheme or gaming device played for anything of value in which the
outcome depends in a material degree upon an element of chance,
notwithstanding that skill of the contestants may also be a factor
therein; except the term "Gambling" shall not include social
games.
3. The term "Social Games" means:
a. A game, other than a lottery, involving the playing
of cards only between players in a private home where no house
player, house bank or house odds exist, and there is no house
income from the operation of the social game; and
b. Games, other than lottery, involving the playing of
cards only between players in a private club or place of public
accomodation where no house player, house bank or house odds
exist, and there is no house income from the operation of the
social game.
4. The term "Dealer-Player" shall mean any person over the
age of twenty-one (21), who deals and is properly licensed to deal
blackjack or 21 in card rooms in Deschutes County, Oregon, and as
defined in ORS 167.117(8). More than one dealer-player may part-
icipate in a given game.
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5. The official rules of the County for social games are
those established in the most recent edition of The Official Rules
of Card Games, published by the United States Playing Card
Company.
6. The terms of black jack are black jack with a changing
bank.
Section 3. AA22lication For Premise License.
1. No person who owns, manages, or operates a private
business, private club, or place of public accomodation shall
permit a social game between players at a place where a card room
is located without first securing a premise license for such
purpose from the Deschutes County Sheriff's Office.
2. The cost of a premise license shall be $750.00 for
premises with one card table. Premises wanting to have any
additional card tables shall pay an additional $750.00 for each
table to be operated. The license fee shall be paid annually on
or before January 1 and shall not be prorated for any portion of
the year. These license fees shall be prorated for any applica-
tion made during 1982 for the 1982 year. Such proration will be
the number of days left in 1982 from the date of the application's
approval as it bears to 365 days.
3. Application for a premise license shall include the name
of the proposed licensee, the location of its place of business,
the names of all persons directly or indirectly interested in the
business, the nature of this interest, and any criminal record of
these persons. Such application shall be under oath and shall be
accompanied by a complete set of fingerprints and a photograph of
the applicant. The application shall be accompanied by an $80.00
non-refundable investigation fee and the $750.00 license fee,
which may be refunded if the application is denied.
4. The premise license issued under this Section shall not
be assignable or transferrable. A change in ownership of a
licensed business shall require a new application for a license.
5. The premises shall provide all cards and gaming
equipment.
Section 4. Application for Dealer-Player Permit.
1. No person shall act as a dealer-player in a game of 21
or blackjack at a card room located within Deschutes County,
Oregon, without first having secured a dealer-player permit for
such purpose from the Deschutes County Sheriff's Office.
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L 44 PA. l' E',. 2. The cost of a dealer-player permit shall be $200.00.
The dealer permit shall be paid annually on or before January 1
and shall not be prorated for any portion of the year. These
license fees shall be prorated for any application made during
1982 for the 1982 year. Such proration will be the number of days
left in 1982 from the date of the application's approval as it
bears to 365 days. Application for such dealer-player permit
shall be under oath and will include the true name and address of
the applicant, the past criminal record, if any, and the addresses
of all residences of the applicant for the past ten years immedia-
tely prior to the filing of the application. The application
shall be accompanied by a complete set of fingerprints and a
photograph of the applicant. The application shall be accompanied
by an $80.00 non-refundable investigation fee. Unless the appli-
cation is denied under Section 5 of this ordinance, the dealer-
player permit shall be effective thirty (30) days after its
approval. During the first thirty (30) days of this Ordinance,
dealer permits shall be effective upon its approval, after its
investigation and payment of the required fees.
Section 5. Granting and Denial of Application For Premise
License and Dealer-Player Permit. When reviewing an application
for a premise license and/or dealer-player permit, the Sheriff
shall consider:
1. Applicant's criminal record;
2. Completeness, authenticity, and accuracy of the
application.
3. Prior gaming violations; and
4. Evidence of good character.
Section 6. Suspension and Revocation of Premise License
and/or Dealer-Player Permit.
1. A premise license and/or dealer-player permit shall be
temporarily suspended if there are reasonable grounds to suspect
that the holder of the premise license and/or dealer-player permit
has violated any provision of this ordinance or has committed any
act that would have denied him or her from receiving the initial
license and/or dealer-player permit under Section 5.
Section 7. Hearing on Denial and Revocation of Premise
License and/or Dealer-Player Permit. Any applicant denied a
premise license and/or dealer-player permit or any premise
licensee and/or dealer-player permittee who has been temporarily
suspended pursuant to Section 6 of this ordinance, shall be
entitled to a hearing to be held by the Board of County Commis-
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44 3 sioners, or their deisgnee, following ten (10) days' written
notice of the denial of the application or proposed revocation to
the holder of the premise license and/or dealer-player permit.
Section 8. Regulations. Violation of the following acts is
hereby unlawful:
1. All card rooms shall be open to police inspection during
all hours of operation. The premise license must be displayed for
public view at all times in the card room.
2. The playing of all card games shall be so arranged as to
provide free access and visibility to any interested party. Doors
leading into the card room must remain unlocked during all hours
of operation.
3. No person under the age of twenty-one (21) shall be
permitted to participate in any card game or to enter or remain
upon such premises.
4. No charge shall be collected from any player for the
privilege of participating in any game.
5. No signs or advertising or gambling, playing of cards or
advertising specific forms of card playing, enticing participants
or procuring players shall be permitted. Signs visible from
inside the building informing the public in which areas cards may
be played will be allowed.
6. With respect to the social games set forth in this
ordinance, there shall be a limit on any bet of $5.00, and a
three-raise limit.
7. No premise licensee shall participate in any card game,
nor procure players, back, farm out, assign, or sublet in card
games lawfully permitted under this Ordinance on the premises in
which said licensee has an interest or works.
8. No premise licensee and/or dealer-player shall permit
persons who are visibly intoxicated to participate in gaming
activities. The Board of County Commissioners shall adopt and
provide to the Sheriff's Office a list of games and rules to be
used under this Ordinance. The Licensee shall supply the
Sheriff's office with the hours of operation of the establishment.
These rules and hours must be displayed in public view in the
premises at all times.
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9. With respect to the social game of 21 or blackjack, the
dealer must possess a valid dealer-player permit. Said permit
shall be displayed for public view in the card room at all times
when the dealer is dealing. Any such dealer shall not have any
direct or indirect relationship with the premise licensee of the
card room in which he is dealing and shall not have any relation-
ship, direct or indirect, to any third parties.
10. No alcoholic drinks or beverages shall be purchased for
or furnished at no cost to the players by the dealer/player or by
a premise owner, manager, employee or supervisor.
11. No guns or firearms of any kind will be allowed inside
the premise and/or card room, except as carried by official law
enforcement officers.
12. Each card room shall have assigned to it a person whose
duties shall include supervision of any games played within the
card room and see to it that they are played strictly in accord-
ance with this Ordinance and within the provisions of the Oregon
Revised Statutes. No premise licensee shall permit any person to
engage in unlawful gambling in or upon any licensed premises. The
premise licensee shall regulate the times for the use of its card
room.
Section 9. Powers of County. The County and its law en-
forcement agencies shall have, in addition to any other powers
that it may have conferred by statute, ordinance or otherwise, the
right to inspect and examine, in connection with social games, all
premises, equipment and supplies in, upon or about premises where
card rooms are located. In the course of exercising their duties
under this Section, they may summarily seize and remove from such
premises and impound any gaming equipment or supplies for the
purposes of examination and inspection of said gaming equipment
and supplies.
Section 10. Allocation of Funds. All monies collected under
this Ordinance shall be specifically allocated to the Deschutes
County Sheriff's Fund and/or to the County General Fund.
Section 11. Penalties. Upon certification by any member of
the County law enforcement agencies that any of the Section 8
regulations have been violated, the affected premise license and
the dealer/player license shall be suspended until a court hearing
and trial has been completed. Violation of this Ordinance is
punishable, upon conviction, by a fine of not more than $1,000.00,
or imprisonment in the County Jail for a period not to exceed one
hundred (100) days, or both, and where other County Ordinances or
State of Oregon laws are violated, such violations are punishable
in accordance with such acts. Each day of violation constitutes a
seperate offense. Conviction of a violation shall result in the
permanent revocation of a license.
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Section 12. Severance Clause. If any section, subsection,
provision, clause or paragraph of this Ordinance shall be adjudged
or declared by any Court of competent jurisdiction to be unconsti-
tutional or invalid, such judgment shall not affect the validity
of the remaining portions of this Ordinance; and it is hereby ex-
pressly declared that every other section, subsection, provision,
clause or paragraph of this Ordinance enacted, irrespective of the
enactment of validity or the portion hereof declared to be uncon-
stitutional or invalid, is valid.
Section 13. Repeal and Referendum. This Ordinance shall be
automatically repealed on May 17, 1983, unless continued by the
voters. It shall be the duty of the Board of County Commissioners
to submit the Ordinance, as contained herein, to the People of
Deschutes County for their approval or rejection at the primary
election on that date.
DATED this 1 day of crcrP~'►, , 1982.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
SUSAN STONEMAN
Recording Secretary
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CLAY C. SHEPARD, Chairman