44-464-Ordinance No. 82-40 Recorded 10/26/19824V Elul. 44 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Repealing Ordin- * ance No. 203-4, In The Matter * of An Ordinance Providing For * L~ E the Regulation of Social Games Within Unincorporated * T Deschutes County, and Declar- 2 61982 ing an Emergency. * ROSE DESCNUTSRY PArrERSON ORDINANCE NO. 82-040 COUNTY CLERK THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. That Ordinance No. 203-4, In The Matter of an Ordinance Providing For the Regulation of Social Games Within Unincorporated Areas of Deschutes County, is hereby repealed. Section 2. This Ordinance being necessary for the immediate preservation of public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this .w day of ► 982• BOARD OF COUNTY COMMISSIONERS OF D , S TES CfJUN , CLAY HEPARD, Ch irman ATTEST: S SAN STONEMAN Recording Secretary ALBERT A. YOUNG, Commissioner zz. OBERT C. PAULSON, JR., Com io rfe r 1 - ORDINANCE NO. 82-040 VOL 44 PACE 465 1 BOARD OF CONE1.1ISSIONERS 2 COUNTY OF DLSCHUTES 3 STATE OF OREGON 4 In the Matter of an Ordinance) Providing for the Regulation ) COUNTY ORDINANCE 5 of Social Games within the ) Unincorporated Area of ) NO. 203-4 6 Deschutes. ) 7 THE COUNTY OF DESCHUTES ORDAINS AS FOLLOWS: 8 Section I. PROHIBITIONS. 9 No person shall participate in, operate, or assist in 10 operating, any gambling game or activity, including a 1.ottery. 11 Section II. DEFINITIONS. 12 (a) The term "Card Room" shall mean any space, room or 13 enclosure used or intended to be used for playing cards. 14 (b) The term "Gambling" shall mean any contest, game, 15 gaming scheme or gaming device played for anything of value in uhi.c_h 16 the outcome depends in a material degree upon an element of chance, 17 nothwithstanding that skill of the contestants r2ay also be a factor 18 therein; except the term "Gambling" shall not include social games. 19 (c) The term "Social Games" means: 20 (1) A game other than a lottery between players in 21a private home where no house player, house bank or house odds exist 22 and there is no house income from the operation of the social game; and 23 (2) Games, other than lottery, involving the playing 24 of cards only between players in a private club or place of public 2=5accommodation where no house player, house bank or house odds exist, 26 zinc] there is no house income from the operation of the social game. Page 7. - County Ordinance r. ~f 1 Section III. APPLICATION FOR LICENSE. VOL 44 PACE 466 2 (a) No person who owns, manages, or operates a private 3 business, private club, or place of public accommodation shall permit 4 a social game between players at a place where a card room is located 5-without first-securing a permit for such purpose from the Deschutes 6 County Board of Commissioners. 7 (b) The cost of a permit shall be $150.00 for premises containin-q S 1 to 4 tables and for each additional table a fee of $75.00. The permit 9 fee shall be paid annually on or before January Tst and shall.not be pro- .10-rated for any portion of the year. 11 Section IV. REGULATIONS. 12 It shall be unlawful to operate a card room in violation of any of 13 the following: 14 .(a) All card rooms shall be-open to police inspection during 15 all hours of operation. The permit must be displayed for public inspection 16 at all times. 17 (b) The playing.of all card games shall be so arranged as 18 to provide free access and visibility to any interested party. Doors 19 leading into the card room must remain unlocked during all hours of 20 operation. 21 (c) No person under the age of 21 shall be permitted to 22participate in any card game or to enter or remain upon such premises. 23 (d) No charge shall be collected from any player for the 24 privilege of participating in any game. 25 (e) No signs advertising gambling, playing of cards, or '20 advertising specific forms of card playing, enticing participants or age 2 - Cotanty Ordinance VOL 44 FACE 4 7 `i1'1 procuring players shall be permitted on or near the premises of the 2 I)c rm_it too 3 Section V. REVOCATION OF PERMIT. 4 (a) Any permit issued pursuant to the provisions of this 5 ordinance may be revoked upon violation of the provisions hereof. 6 (b) Prior to the revocation of permit, a hearing shall be 7 held by.the Board of County County Commissioners following ten days 8 written notice of proposed revocation to the holder of the permit 9 Section VI. PENALTY. 10 Violation of this ordinance is punishable; upon conviction; 11 by a fine of.not more than $1,000, or imprisonment in-the-County Jail 22 for a period not to exceed one hundred days; or both. 13 Section VIII. SEVERANCE CLAUSE. 14 If any section, sub-section, provision, clause or paragraph 15 of this ordinance shall be adjudged or declared by any Court of 16 competent jurisdiction to be unconstitutional or invalid, such judgment 17 shall not affect the validity of the remaining portion of this 13 ordinance; and it is hereby expressly declared that every other section, sub-section, provision, clause or paragraph of this ordinance 20 enacted; irrespective of the enactment or validity of the portion 21 hereof declared to be unconstitutional or invalid, is valid. 22 The foregoing ordinance is duly passed by the Board of County 23 Commissioners on the ' day of 1975. 24 Approved 25 ~ 26 I:ou i s District Page 3 - as to form: Selken Attorney ounty Ordinance BOARD„ OIL COM)!HSSION~RS Cnairman ( i , kk~ l ' Commissio e~~