§ 519. GAMBLING ACTIVITIES AND GAMBLING FACILITIES PROHIBITED.


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  • No ordinance shall be adopted by the City Council which would permit or authorize any gambling activities or gambling facility in the City of Anaheim. Any ordinance adopted by the City Council in violation of this section shall be null and void.
    Neither the City Council, nor any officer or employee of the City when acting in his or her official capacity, shall (i) take any action or approve any license, permit or other entitlement, including but not limited to any zoning reclassification or zoning code amendment, which would directly or indirectly result in the authorization, approval, establishment or expansion of any gambling activities or gambling facility in the City of Anaheim; or (ii) acquiesce or concur in any action or decision of any other governmental agency or governmental official having jurisdiction concerning such gambling activities or gambling facility where a protest or objection procedure is available to the City and where failure to so protest or object could result in the approval, establishment or expansion of any gambling activities or gambling facility in the City of Anaheim or which could authorize any gambling activities or gambling facility to be so established or expanded; or (iii) approve, authorize, execute or enter into any agreement or understanding, or take any other action of any nature whatsoever, which would authorize, approve, or in any way facilitate or result in, any gambling activities or gaming facility in the City of Anaheim, including, but not limited to, any agreement or understanding relating to any gambling activities or gambling facility which would result in the receipt by the City of any revenue of any kind from such gambling activities or gambling facility.
    The term “gambling activities” as used in this section shall mean any game, contest or activity in which one or more players wager, stake or otherwise risk money, checks, credits, merchandise, chips, markers or other items of value or representations of value for the chance to win money, checks, credits, merchandise, chips, markers or other items of value or representations of value based upon the outcome or result of such game, contest or activity, regardless of whether chance or skill is the determining factor, except those certain games, contests and activities lawfully permitted in the City of Anaheim as of November 1, 2006.
    The term “gambling facility” as used in this section shall mean any property, lot, building or structure used in whole or part for any gambling activities.
    Nothing contained in this section shall be deemed to apply to any gambling activities or gambling facilities which are beyond the power of the City of Anaheim to prohibit.
    Nothing contained in this section shall be deemed to prohibit the adoption of an initiative measure by the electorate of the City of Anaheim relating to gambling activities or gambling facilities in the City of Anaheim, nor shall be deemed to prevent the City Council from prohibiting or otherwise regulating any games, contests or activities which were permitted within the City of Anaheim as of November 1, 2006, to the extent it is within the power of the City to do so. (Added November 7, 2006, filed by Secretary of State February 13, 2007.)