(a)It is unlawful for any person to manufacture, repair, own, store, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer to repair, sell, rent, lease, let on shares, lend or give away, or permit the operation, placement, maintenance, or keeping of, in any place, room, space, or building owned, leased, or occupied, managed, or controlled by that person, any slot machine or device, as defined in this section.
It is unlawful for any person to make or to permit the making of an agreement with another person regarding any slot machine or device, by which the user of the slot machine or device, as a result of the element of hazard or chance or other
unpredictable outcome, may become entitled to receive money, credit, allowance, or other thing of value or additional chance or right to use the slot machine or device, or to receive any check, slug, token, or memorandum entitling the holder to receive money, credit, allowance, or other thing of value.
(b)The limitations of subdivision (a), insofar as they relate to owning, storing, possessing, or transporting any slot machine or device, do not apply to any slot machine or device located upon or being transported by any vessel regularly operated and engaged in interstate or foreign commerce, so long as the slot machine or device is located in a locked compartment of the vessel, is not accessible for use, and is not used or operated within the territorial jurisdiction of this state.
(c)The limitations of subdivision (a) do not apply to a manufacturer’s business activities that
are conducted in accordance with the terms of a license issued by a tribal gaming agency pursuant to the tribal-state gaming compacts entered into in accordance with the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168, inclusive, and 25 U.S.C. Sec. 2701 et seq.).
(d)For purposes of this section, “slot machine or device” means a machine, apparatus, or device that is adapted, or may readily be converted, for use in a way that, as a result of the insertion of any piece of money or coin or other object, or by any other means, the machine or device is caused to operate or may be operated, and by reason of any element of hazard or chance or of other outcome of operation unpredictable by him or her, the user may receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or additional chance or right to use the slot machine or device, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance, or thing of value, or which may be given in trade, irrespective of whether it may, apart from any element of hazard or chance or unpredictable outcome of operation, also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value.
(e)Every person who violates this section is guilty of a misdemeanor.
(1)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.
(2)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.
(3)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.
(4)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.
(f)Pinball and other amusement machines or devices, which are predominantly games of skill, whether affording the opportunity of additional chances or free plays or not, are not included within the term slot machine or device, as
defined in this section.
Notes of Decisions
Trinkle v. California State Lottery, 2003 Cal. Daily Op. Serv. 1118 (Cal. Ct. App. 2003).
· cites it 6× “such machine or device is caused to operate or may be operated, and by reason of any element of hazard or chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any .”
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016).
· cites it 9× “' Cal. Penal Code § 330b. Second, plaintiffs allege that Sky Union has violated California’s prohibition on ‘lotteries/ In count 1 of their amended complaint, plaintiffs request relief in the form of ‘an order declaring that Defendant’s actions constitute a violation of Cal.”
Mason v. Mach. Zone, Inc., 140 F. Supp. 3d 457 (D. Maryland 2015).
· cites it 4× “Plaintiff alleges that the Casino is an unlawful “slot machine :or device” under Cal. Penal Code § 330b; that Defendant'has violated California’s UCL by owning and operating this unlawful device, proximately causing Plaintiff and her class economic damages; that Plaintiff and…”
Score Fam. Fun Ctr., Inc. v. Cnty. of San Diego, 90 Cal. Daily Op. Serv. 8816 (Cal. Ct. App. 1990).
· cites it 2× “” (Pen. Code, § 330b, subd. (2).) A reward of extended play by a video game for winning is a “thing of value” within the meaning of the Penal Code definition.”
Merandette v. City & Cnty. of San Francisco, 88 Cal. App. 3d 105 (Cal. Ct. App. 1979).
“95T) Penal Code section 330b “(1) It is unlawful for any person to manufacture, repair, own, store, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer to repair, sell, rent, lease, let on shares, lend or give away,…”
Knowles v. O'Connor, 266 Cal. App. 2d 31 (Cal. Ct. App. 1968).
· cites it 4× “Games of skill do not fall within the prohibition of the state gaming laws (Pen. Code, §§ 330b, subd. (4), 330.5). The sheriff contends, however, that coin-operated games of skill which offer a chance of free games are prohibited by San Diego County Ordinance, section 37.”
Williams v. Just. Court, 230 Cal. App. 2d 87 (Cal. Ct. App. 1964).
“” Penal Code section 330b, subdivision (1), prohibits possession or keeping of any “slot machine or device as hereinafter defined, .”
Midwestern Enter., Inc. v. Stenehjem, 2001 ND 67 (N.D. 2001).
“California statute makes it illegal to possess a slot machine and California Penal Code § 330b(2) defines a slot machine as any device: that is adapted, or may readily be converted into one that is adapted, for use in such a way that, as a result of the insertion of any piece of…”
Rumsey Indian Rancheria of Wintun Indians v. Wilson, 39 F. Supp. 2d 1227 (E.D. Cal. 1998).
· cites it 4× “56(f) to afford the Tribes an opportunity to discover whether the gaming devices the CSL is actually using fit within the definition of “slot machines” in CaLPenal Code § 330b(2). Defendants oppose the Rule 56(f) motion, asserting that discovery is unnecessary to determine the…”
Mai v. Supercell Oy (N.D. Cal. 2021).
· cites it 2× “Mai’s UCL, CLRA, and unjust enrichment claims are all 7 based on the fundamental premise that the loot boxes are illegal “slot machines or devices” under 8 California Penal Code § 330b. A “slot machine or device” is defined as: 9 a machine, apparatus, or device that is adapted,…”
Coffee v. Google LLC (N.D. Cal. 2022).
· cites it 2× “; 14 California Penal Code § 330a; California Penal Code § 330b; California Penal Code § 330.”
— Cal. Penal Code § 330b(2) — 2 cases
Midwestern Enter., Inc. v. Stenehjem, 2001 ND 67 (N.D. 2001).
“California statute makes it illegal to possess a slot machine and California Penal Code § 330b(2) defines a slot machine as any device: that is adapted, or may readily be converted into one that is adapted, for use in such a way that, as a result of the insertion of any piece of…”
Rumsey Indian Rancheria of Wintun Indians v. Wilson, 39 F. Supp. 2d 1227 (E.D. Cal. 1998).
“56(f) to afford the Tribes an opportunity to discover whether the gaming devices the CSL is actually using fit within the definition of “slot machines” in CaLPenal Code § 330b(2). Defendants oppose the Rule 56(f) motion, asserting that discovery is unnecessary to determine the…”
— Cal. Penal Code § 330b(a) — 2 cases
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016).
“' Cal. Penal Code § 330b. Second, plaintiffs allege that Sky Union has violated California’s prohibition on ‘lotteries/ In count 1 of their amended complaint, plaintiffs request relief in the form of ‘an order declaring that Defendant’s actions constitute a violation of Cal.”
— Cal. Penal Code § 330b(d) — 3 cases
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016).
“' Cal. Penal Code § 330b. Second, plaintiffs allege that Sky Union has violated California’s prohibition on ‘lotteries/ In count 1 of their amended complaint, plaintiffs request relief in the form of ‘an order declaring that Defendant’s actions constitute a violation of Cal.”
Mason v. Mach. Zone, Inc., 140 F. Supp. 3d 457 (D. Maryland 2015).
“Plaintiff alleges that the Casino is an unlawful “slot machine :or device” under Cal. Penal Code § 330b; that Defendant'has violated California’s UCL by owning and operating this unlawful device, proximately causing Plaintiff and her class economic damages; that Plaintiff and…”
Mai v. Supercell Oy (N.D. Cal. 2021).
“Mai’s UCL, CLRA, and unjust enrichment claims are all 7 based on the fundamental premise that the loot boxes are illegal “slot machines or devices” under 8 California Penal Code § 330b. A “slot machine or device” is defined as: 9 a machine, apparatus, or device that is adapted,…”
— Cal. Penal Code § 330b(f) — 3 cases
Mason v. Mach. Zone, Inc., 140 F. Supp. 3d 457 (D. Maryland 2015).
“Plaintiff alleges that the Casino is an unlawful “slot machine :or device” under Cal. Penal Code § 330b; that Defendant'has violated California’s UCL by owning and operating this unlawful device, proximately causing Plaintiff and her class economic damages; that Plaintiff and…”
Soto v. Sky Union, LLC, 159 F. Supp. 3d 871 (N.D. Ill. 2016).
“' Cal. Penal Code § 330b. Second, plaintiffs allege that Sky Union has violated California’s prohibition on ‘lotteries/ In count 1 of their amended complaint, plaintiffs request relief in the form of ‘an order declaring that Defendant’s actions constitute a violation of Cal.”
Coffee v. Google LLC (N.D. Cal. 2022).
“; 14 California Penal Code § 330a; California Penal Code § 330b; California Penal Code § 330.”
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