(a)Every person, who has in his or her possession or under his or her control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained, or kept in any room, space, inclosure, or building owned, leased, or occupied by him or her, or under his or her management or control, any slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any coins, checks, slugs, balls, or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which any merchandise, money, representative or articles of value,
checks, or tokens, redeemable in or exchangeable for money or any other thing of value, is won or lost, or taken from or obtained from the machine, when the result of action or operation of the machine, contrivance, appliance, or mechanical device is dependent upon hazard or chance, and every person, who has in his or her possession or under his or her control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained, or kept in any room, space, inclosure, or building owned, leased, or occupied by him or her, or under his or her management or control, any card dice, or any dice having more than six faces or bases each, upon the result of action of which any money or other valuable thing is staked or hazarded, or as a result of the operation of which any merchandise, money, representative or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of
the dice is dependent upon hazard or chance, is guilty of a misdemeanor.
(b)A first violation of this section shall be punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(c)A second offense shall be punishable by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
(d)A third or subsequent offense shall be punishable by a fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and
imprisonment.
(e)If the offense involved more than one machine or more than one location, an additional fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) shall be imposed per machine and per location.
Notes of Decisions
Guillory v. Hill, 233 Cal. App. 4th 240 (Cal. Ct. App. 2015).
· cites it 2× “(Pen. Code, §§ 330a, 330b, 330.1.) In the course of the present civil litigation, several defendants including the various SWAT teams, unnamed “Doe” police officers, and County of Orange defendants dropped out, either by plaintiffs’ failure to name the “Doe” defendants or by…”
In Re Portnoy, 131 P.2d 1 (Cal. 1942).
“by him, or under his management or control, any slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any…”
Merandette v. City & Cnty. of San Francisco, 88 Cal. App. 3d 105 (Cal. Ct. App. 1979).
“2 Penal Code section 330a provides: “Every person, who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained or kept, in any room, space, inclosure or building owned, leased or…”
Rumsey Indian Rancheria of Wintun Indians v. Wilson, 64 F.3d 1250 (9th Cir. 1994).
“” California law prohibits the operation of slot machines as a misdemeanor offense, CaLPenal Code §§ 330a, 330b, and a California appellate court has indicated that electronic machines of the sort requested by the Tribes fall within the scope of this prohibition.”
People v. Kay, 102 P.2d 1110 (Cal. Ct. App. 1940).
“Penal Code section 330a is as follows: “Every person who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained or kept, *Supp.”
Rumsey Indian Rancheria of Wintun Indians v. Wilson, 39 F. Supp. 2d 1227 (E.D. Cal. 1998).
· cites it 5× “See Cal.Penal Code §§ 330a, 330b. Plaintiffs Tribes disagree, arguing that the CSL is exempt from the general statutory prohibition on slot machines.”
Mai v. Supercell Oy (N.D. Cal. 2023).
· cites it 4× “17 Accordingly, the Court concludes that Supercell’s loot boxes are not illegal slot machines 18 or controlled games under California Penal Code §§ 330a, 330b, 330.”
Coffee v. Google LLC (N.D. Cal. 2022).
· cites it 3× “; 14 California Penal Code § 330a; California Penal Code § 330b; California Penal Code § 330.”
IBiz, LLC v. City of Hayward, 962 F. Supp. 2d 1159 (N.D. Cal. 2013).
· cites it 4× “13-03 based on an alleged violation of the First Amendment and the California Constitution’s free speech provisions; (6) injunctive relief prohibiting Defendant’s enforcement of California’s slot machine and lottery statutes, Cal. Pen. Code §§ 330a, 330b, 330.1 (slot machine…”
Soucek (N.D. Cal. 2025).
· cites it 2× “The first three, Penal Code Sections 330a, 330b, and 330.1, prohibit operating slot machines and other gambling devices.”
— Cal. Penal Code § 330a(a) — 3 cases
Coffee v. Google LLC (N.D. Cal. 2022).
“; 14 California Penal Code § 330a; California Penal Code § 330b; California Penal Code § 330.”
Mai v. Supercell Oy (N.D. Cal. 2023).
“17 Accordingly, the Court concludes that Supercell’s loot boxes are not illegal slot machines 18 or controlled games under California Penal Code §§ 330a, 330b, 330.”
Soucek (N.D. Cal. 2025).
“The first three, Penal Code Sections 330a, 330b, and 330.1, prohibit operating slot machines and other gambling devices.”
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