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Cal. Penal Code § 330 (2026)

✓ current as of May 2026
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Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan, fan-tan, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of those prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

Notes of Decisions
Cited in 45 cases (11 in the last 5 years), 1951–2025 · leading case: Panzer v. Doyle, 2004 WI 52 (Wis. 2004).
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Panzer v. Doyle, 2004 WI 52 (Wis. 2004). · cites it 2× “Although certain enumerated gambling games are prohibited under Cal.Penal Code Ann. § 330 (West Supp.1987), games not enumerated, including the card games played in the Cabazon card club, are permissible.”
Artichoke Joe's v. Norton, 216 F. Supp. 2d 1084 (E.D. Cal. 2002). · cites it 2× “Count IV, brought against the Attorney General, the Director, and the Commission, seeks to preclude enforcement of CaLPenal Code §§ 330, 330a, 330b which prohibit class III gaming in California.”
Larry Flynt v. Stephanie K. Shimazu, 940 F.3d 457 (9th Cir. 2019). “Second, California Business and Professions Code § 19858(a) prohibits a person from “hold[ing] a state gambling license to own a gambling establishment if,” among other things, he “has any financial interest in any business or organization that is engaged in any form of gambling…”
Lee on v. Long, 234 P.2d 9 (Cal. 1951). · cites it 4× “It arrives at that astonishing conclusion by equally astonishing reasoning.”
Flynt v. California Gambling Control Comm'n, 2002 Cal. Daily Op. Serv. 12434 (Cal. Ct. App. 2002). · cites it 2× “On November 26, 2001, appellants filed a first amended complaint for declaratory relief asking the superior court to declare the respective rights, duties, and responsibilities of the California Gambling Control Commission and Attorney General Bill Lockyer (respondents) under…”
Marchetti v. United States, 390 U.S. 39 (1968). “20 (1947); Cal. Pen. Code §§ 330 -337a (1956); Colo.”
W. Telcon, Inc. v. California State Lottery, 917 P.2d 651 (Cal. 1996). · cites it 2× “2d 172 ], The curious reader will find descriptions of these games in Singsen, Note, Where Will the Buck Stop on California Penal Code Section 330?; Solving the Stud-Horse Poker Conundrum (1988) 11 Comm.”
California Com. Casino, Inc. v. Schwarzenegger, 2007 Cal. Daily Op. Serv. 871 (Cal. Ct. App. 2007). “(Pen. Code, § 330 et seq.) 1 California’s Constitution also prohibited all lotteries except the state lottery.”
State of California v. Iipay Nation of Santa Ysabel, 898 F.3d 960 (9th Cir. 2018). “See Cal. Penal Code § 330 (prohibiting “percentage games”).”
Elizabeth Flynt v. Rob Bonta, 131 F.4th 918 (9th Cir. 2025). “IV, § 19(e); see also id. § 19(f) (exception for tribal gaming).”
Oliver v. Cnty. of Los Angeles, 98 Cal. Daily Op. Serv. 7566 (Cal. Ct. App. 1998). · cites it 2× “1" 1 Penal Code section 330 prohibits the playing of 21 for 2 Plaintiff and the interveners had filed complaints seeking declaratory and injunctive relief which would permit them to market, to gambling businesses, the Newjack game.”
Dewberry v. Kulongoski, 406 F. Supp. 2d 1136 (D. Or. 2005). “IV, § 19(e), and Cal.Penal Code §§ 330, 330a, 330b). In contrast to Hotel Employees, plaintiffs identify no Oregon provision that prohibits the class III games authorized under the Tribes’ Compact.”
Show all 45 citing cases →
— Cal. Penal Code § 330(d) — 1 case
Ramirez v. Elec. Arts, Inc. (N.D. Cal. 2021).
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