Section 803. - Paraphernalia—Procedure upon confiscation.
A. Each and every table, cloth, box, gaming, gambling, betting or wagering device, apparatus, equipment, furniture or money which is used, kept or intended to be used for the purpose of gaming, gambling, betting or wagering in violation of this chapter shall be and they are hereby declared to be contraband, subject to seizure and confiscation.
B. The Chief of Police or any officer of the Police Department shall be and they are hereby authorized and directed to summarily abate by seizure and destruction any of the contraband described herein which is found upon the premises where any such violation is being or has been committed or which is found in the possession or under the control of any person who is violating any ordinance of the City of Tulsa on gaming, gambling, betting or wagering; provided, however, when any furniture, equipment or apparatus, the nature of which would permit its use for purposes other than gambling or bookmaking be seized by such officers, it shall not be destroyed but shall be stored by the officers and a full descriptive list of same shall be filed in the Municipal Court of the City of Tulsa, together with a sworn statement of the officer as to the facts surrounding its seizure and storage. It shall thereupon be the duty of the Municipal Court to cause notice to be given to the person from whom the contraband was seized or to the person who possesses such premises whereon the contraband was seized. If the names of any such persons be unknown to the Court, notice shall be given by posting notice upon the outer door of the premises. In all cases, such notice shall be directed to the person or persons named therein or to any person claiming an interest in the property or money, shall contain a descriptive list of all contraband seized and shall notify the person to appear at a hearing on a certain date, not less than three (3) days from the date of such notice, and to show cause, if any, why the contraband should not be sold at public auction or, in the case of moneys, paid into the General Fund of the City of Tulsa.
C. At such hearing, the Court shall determine if the furniture, fixtures, equipment and money sought to be classified as contraband is in fact contraband as defined herein. If classified as contraband, the Court shall order the furniture, fixtures and equipment sold by the Police Department of the City of Tulsa at a public auction to the highest bidder for cash and the proceeds therefrom paid into the General Fund of the City of Tulsa. If determined by the court that any of the money seized was at the time of the seizure being kept, used or intended to be used by the persons named in the notice or by any other person in violation of this chapter, the Court shall order it confiscated as contraband and forfeited to the General Fund of the City of Tulsa.
D. The confiscations and forfeitures as provided by this section shall be in addition to any and all fines and/or other penalties or sentences imposed upon the owners of the confiscated contraband.
(Ord. No. 21975, § 6, 12-18-2008)