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Ord 2474 - Social Gaming COUNCIL BILL NO. 2853 ORDINANCE NO. 2474 AN ORDINANCE UPDATING THE STATUTORY REFERENCES CONTAINED IN THE CITY OF WOODBURN'S EXISTING LOCAL SOCIAL GAME DETERMINATION MADE PURSUANT TO STATE LAW; REPEALING ORDINANCE 1996; AND DECLARING AN EMERGENCY WHEREAS, pursuant to ORS 167.121 Oregon cities are allowed to pass an ordinance making a local determination as to whether to allow a "social game" as defined by state law; and WHEREAS, ORS 167.117 (21) defines a "social game" as: (a) a game, other than a lottery, 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) if authorized pursuant to ORS 167.121 a game, other than a lottery, between players in a private business, private club 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; and WHEREAS, Ordinance 1996 was previously adopted by the City Council and made a local determination that a social game as defined by state law is allowed in a private home but not allowed at a private business, private club or place of public accommodation; and WHEREAS, the Oregon Legislature has renumbered the Oregon Gambling Statute and the statutory references contained in the City of Woodburn's existing social games determination should be updated; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Gambling Prohibited. Except as provided in this Ordinance, gambling is prohibited in the City of Woodburn pursuant to the provisions of the Oregon Criminal Code. Section 2. Social Game Permitted in Private Home. Pursuant to ORS 167.121, a "social game" as defined in ORS 167.117 (21) (a) is permitted in the City of Woodburn. Page 1 - Council Bill No. 2853 Ordinance No. 2474 Section 3. Social Game Prohibited in Private Business, Private Club or Place of Public Accommodation. . Pursuant to ORS 167.121, a "social game" as defined in ORS 167.117 (21) (b) is prohibited in the City of Woodburn. Section 4. Severability. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 5. Ordinance 1996 is hereby repealed. Section 6. Emergency Clause. This ordinance being necessary for the immediate public peace, health and safety so that the outdated statutory references contained in the City's existing local social game determination can be eliminated, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: �� 20 ( j City Attorney - D to • Appro ed: Kathry Figley Mayor Passed by the Council of o2445/1 Submitted to the Mayor 0t Approved by the Mayor la1o/Z6 // Filed in the Office .f the Recorder 6/ /ai,/ i/ ATTEST: , , ,%`��i�ti , Christina Sheare fay Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2853 Ordinance No. 2474