2006-653-Ordinance No. 2006-023 Recorded 6/29/2006REVI ED
LEGAL COUNSEL
REV WED
CODE REVIEW COMMITTEE
DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
CLERKS CJ 1406.653
06/29/200610;52;49 AM
i
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Adopting Chapter 9.16, Social
Gaming, of the Deschutes County Code and ORDINANCE NO. 2006-023
Declaring an Emergency.
WHEREAS, Social Gaming in private businesses and places of public accommodation in a
County or City is only permitted in the State of Oregon if authorized by a local ordinance;
WHEREAS, by Ordinance No. 2005-025, the Board of County Commissioners adopted a
Social Gaming Ordinance (Deschutes County Code Chapter 9.16) for the purpose of authorizing and
regulating limited Social Gaming in connection with Special events held within Deschutes County;
WHEREAS, pursuant to Section 3, SUNSET CLAUSE, of Ordinance No. 2005-025, Deschutes
County Code Chapter 9.16 is repealed June 30, 2006; and
WHEREAS, the Board has determined it is appropriate to adopt Deschutes County Code
Chapter 9.16 for an additional one-year period; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. ADOPTION. Deschutes County Code Chapter 9.16, Social Gaming, attached
hereto as Exhibit "A" and incorporated herein by reference, is hereby enacted and made a part of the
Deschutes County Code.
Section 2. EMERGENCY. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, an emergency is declared to exist and this ordinance takes effect
July 1, 2006.
PACE 1 of 2 - ORDINANCE NO. 2006-023 (06/28/06)
Section 3. SUNSET CLAUSE. This ordinance enacting Deschutes County code Chapter
9.16 is repealed June 30, 2007.
DATED this e7y day of June, 2006.
BOARD OF COUNTY COMMISSIONERS
OF DESCFg:%FES COUNTY, OREGON
NI R. LUKE, C
BEV-CLARNO, Vice-Chair
MIC EL D LY, Con' sioner
Date of 1 s' Reading: day of , 2006.
Date of 2nd Reading: (fit day of 444~ , 2006.
Record of Adoption Vote
Commissioner Yes No Abstained
Dennis R. Luke
Michael M. Daly
Bev Clarno
Effective date: 1St day of July 2006.
Excused
&huA,4~ ta~
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2006-023 (06/28/06)
Chapter 9.16. SOCIAL GAMING
9.16.010.
Short title.
9.16.020.
Legislative authority and
purpose.
9.16.030.
Definition - Board.
9.16.040.
Definition - County.
9.16.050.
Definition - Person and Persons.
9.16.060.
Definition - Player.
9.16.070.
Definition - Social Game; Social
Gaming.
9.16.080.
Legislative authority and
purpose.
9.16.090.
Permitted social gaming.
9.16.100.
License fee.
9.16.110.
License - application.
9.16.120.
License - background
investigation.
9.16.130. License - issuance.
9.16.140. License - non-transferable.
9.16.150. Number of licenses.
9.16.160. License - revocation or
suspension.
9.16.170. Social gaming - restrictions.
9.16.180. Penalties.
1
9.16.010. Short title.
DCC 9.16 shall be known as the Deschutes
County Social Gaming ordinance.
(Ord. 2005-025 1 2005)
9.16.020. Legislative authority and
purpose.
Oregon Revised Statues ("ORS") 167.180, et seq.
define gambling and provide for the regulation of
gambling in the State of Oregon. Pursuant to
ORS 167.117(7) "gambling" does not include
"social games." ORS 167.121 provides that
counties and cities may, by ordinance, authorize
the playing or conducting of a Social Game in a
private business, private club, or in a place of
public accommodation. Such ordinances may
provide for regulation or licensing of the
authorized Social Games. The purpose of this
ordinance is to authorize and regulate, in
accordance with Oregon state law, the playing or
conducting of Social Games at Special Events
held in Deschutes County in private businesses or
in places of public accommodation. It is not the
purpose of this ordinance and this ordinance is
not intended to regulate any form of gambling or
gaming authorized and regulated under Oregon
state law other than Social Gaming as specifically
defined in this ordinance.
(Ord. 2005-025 1 2005)
9.16.030. Definition - Board.
"Board" means the Deschutes County Board of
County Commissioners.
(Ord. 2005:025 1 2005)
9.16.040. Definition - County.
"County" means Deschutes County and is limited
to the unincorporated areas of the County.
(Ord. 2005-025 § 1, 2005)
9.16.050. Definition - Person and Persons.
"Person" and "Persons" mean any individual,
firm, partnership, corporation, joint venture,
association, social club, fraternal organization,
fraternity, sorority, non-profit organization,
estate, trust, business trust, receiver, trustee,
syndicate or any other group, organization or
combination acting as a unit.
(Ord. 2005-025 § 1, 2005)
9.16.060. Definition - Player.
"Player" means a person who engages in any
form of gambling solely as a contestant or bettor,
without receiving or becoming entitled to receive
any profit therefrom other than personal gambling
winnings, and without otherwise rendering any
material assistance to the establishment, conduct
or operation of the particular gambling activity.
A person who gambles at a Social Game of
chance on equal terms with the other participants
therein is a person who does not otherwise render
material assistance to the establishment, conduct
or operation thereof by performing, without fee or
remuneration, acts directed toward the
arrangement or facilitation of the game, such as
inviting persons to play, permitting the use of
premises thereof and supplying cards or other
equipment used therein. A Person who engages
in bookmaking is not a player.
(Ord. 2005-025 § 1.2005)
Chapter 9.16 1 (06/2006)
EXHIBIT "A," Ordinance 2006-023
9.16.070. Definition - Social Game; Social
Gaming.
"Social Game" and "Social Gaming" mean a
game, other than a lottery, between players at a
Special Event held in a private business or place
of public accommodation where no house player,
house bank or house odds exist and there is no
house income from the operation of the Social
Game.
(Ord. 2005-025 41, 2005)
9.16.080. Definition - Special Event.
"Special Event" means an event held within
County that is held one time or on an infrequent
basis; not more than once annually.
(Ord. 2005-025 41, 2005)
9.16.090. Permitted social gaming.
Social Gaming, as defined in this ordinance, shall
be permitted only in connection with Special
Events provided the Person or Persons promoting
and/or putting on the Special Event has first
obtained a Social Gaming license approved and
issued by the Board and provided that the Special
Event and the Social Gaming to be conducted in
connection with Special Event shall comply with
all applicable County ordinances and all
applicable State and Federal laws and regulations.
(Ord. 2005-025 § 1, 2005)
9.16.100. License - fee.
Every person submitting an application to County
to obtain a Social Gaming license pursuant to this
chapter shall submit with the application for the
license a fee in the amount of $250.00. In the
event of the surrender, suspension, revocation or
expiration of any license issued pursuant to this
chapter, no license fee or any portion thereof
shall be refunded.
(Ord. 2005-025 41, 2005)
9.16.110. License -application.
Application for a license to be issued pursuant to
this chapter shall be made upon a form or forms
provided by County and shall be accompanied by
the fee required in DCC 9.16.100, an executed
authorization to permit County to obtain criminal
history information for each Person involved in
promoting and/or putting on the Special Event
with which the proposed Social Gaming is
connected and all other information and
documentation as may reasonably be required by
County to consider and determine the
sustainability of issuing a Social Gaming license
to an applicant. The application form shall
require at least the following information:
A. The true name and address for the Person
applying for the license and of each Person
directly responsible for promoting and/or
putting on the Special Event;
B. The past criminal record, if any, of all such
Persons;
C. The name of the Special Event;
D. The address and a description of each
location or locations of the Special Event and
of each location or locations where the
proposed Social Gaming will occur.
E. The address and telephone number of the
principle place of business of the Person or
Person promoting and/or putting on the
Special Event.
F. The type or types of Social Game or games to
be played, the estimated number of
participants, the estimated number of gaming
tables to be used and a specific description of
the betting scheme that will be used for each
Social Game or games to be played; and
G. Any such other or additional information as
County deems reasonably necessary to
effectuate the provisions and purposes of this
chapter.
(Ord. 2005-025 1 2005)
9.16.120. License - background
investigation.
Upon submission of an application for a Social
Gaming license pursuant to this chapter, County
shall review the application and shall conduct an
investigation of the applicant, all Persons
associated with the Special Event and/or Social
Gaming to be conducted in connection with the
Special Event as County determines is
appropriate. Investigations may include, but shall
not be limited to, investigation of criminal
records, financial stability, business experience,
personal history and reputation of applicant and
Chapter 9.16 2 (06/2006)
EXHIBIT "A," Ordinance 2006-023
any Person involved with promoting and/or
putting on the Special Event, for habits, traits and
character.
(Ord. 2005-025 §1, 2005)
9.16.130. License - issuance.
Upon consideration of an application for a Social
Gaming license and consideration of information
obtained as the result of a background
investigation and upon consideration of any and
all other information the Board may deem
relevant to the application for a Social Gaming
license, the Board may issue a Social Gaming
license.
(Ord. 2005-025_§ 1, 2005)
9.16.140. License - non-transferable.
A license issued pursuant to this chapter is not
transferable and shall not be valid for any event
or location other than the event and location or
locations specifically described in the license.
Any assignment or transfer of any license issued
pursuant to this chapter or any attempt to assign
or transfer any license issued pursuant to this
chapter shall be deemed to be an irrevocable
surrender and cancellation of that license.
(Ord. 2005:025 § 1.2005)
9.16.150. Number of licenses.
No person may be issued more than two (2)
Social Gaming licenses in County within a
calendar year and no more than two (2) Social
Gaming licenses may be issued with a calendar
year for Social Gaming at any one location,
address, business, or place of public
accommodation.
(Ord. 2005-025 1 2005)
9.16.160. License - revocation or
suspension.
Any license issued pursuant to this chapter may
be immediately revoked or suspended by the
Board upon a determination by the Board that any
Person or Persons promoting and/or putting on
the Social Gaming authorized by the license has
violated the terms and conditions of the license,
any applicable County ordinance or any State or
Federal law or regulation or if the Board
determines, for any reason, that the Social
Gaming activities, as conducted, adversely impact
the health, safety or welfare of the citizens of
Deschutes County.
(Ord. 2005_025 §1, 2005)
9.16.170. Social gaming - restrictions.
In addition to the requirement that any Person
conducting Social Gaming under a license issued
by County shall comply with all applicable
County ordinances and State and Federal laws
and regulations, any Social Gaming conducted in
County shall be conducted in accordance with all
of the following conditions:
A. A valid license issued pursuant to this chapter
shall be visibly displayed in each room or
enclosure where the Social Game takes place.
County may issue duplicate original licenses
if approved Social Gaming will take place in
more than one location;
B. Every room or enclosure where a Social
Game takes place shall be open to free and
immediate access by County, its authorized
personnel and to any law enforcement officer
during all hours of operation of the Social
Gaming. Doors leading into each room or
enclosure where a Social Game takes place
shall remain unlocked during all hours of
operation;
C. No Person shall obstruct, interfere with or
attempt to obstruct or interfere with any
County representative, personnel or any law
enforcement officer who views or attempts to
view the conduct of any Social Gaming;
D. No doors, screens or other obstructions shall
conceal any Player or Players at any table or
location where Social Gaming is conducted;
E. No person under the age of 18 shall be
permitted to participate in any Social Game
or to enter or to remain in any room or
enclosure in which a Social Game is being
played;
F. No Social Gaming shall take place between
the hours of 2:00 a.m. and 10:00 a.m. of any
day; and
G. No Person who obtains a license to conduct
Social Gaming under this chapter shall
participate in any Social Game nor shall they
Chapter 9.16 3 (06/2006)
EXHIBIT "A," Ordinance 2006-023
fund, back, farm out or otherwise sponsor,
financially or otherwise, any other Person in
the playing or the participation in any Social
Game authorized by this chapter.
(Ord. 2005-025 41, 2005)
9.16.180. Penalties.
In addition to any and all penalties that may be
assessed under State or Federal law, any violation
of this chapter is a Class A violation.
Or( d. 2005=025 § 1, 2005)
Chapter 9.16 4 (06/2006)
EXHIBIT "A," Ordinance 2006-023