[Ord. No. 414, § 3; Ord. No. 669, § 1 (part), 1977; Ord. No. 1214-13; Ord.
No. 1221-14.]
For the purposes of this article, unless the context clearly
requires a different meaning, the words, terms, and phrases hereinafter
set forth shall have the meanings given to them in this section:
(a)
CARDROOM — Means any space, room, or enclosure furnished
or equipped with a table or tables used or intended to be used as
a card table for the playing of cards, and the use of which is available
to members of any nonprofit society or club, fraternal, labor, or
other organization, or to the public or any portion of the public;
provided that "cardroom" shall not include a room in which the sole
card game played is bridge or whist.
(b)
STRADDLE (Also blind and straddle, straddling the pot, blind opening,
blind tiger, English poker, Australian poker, and South African poker)
— Means any system where the first bettor bets without seeing
any, or without seeing some, number of his cards, and succeeding players
must be at least double the amount bet by the opening bettor, and
bettors may double each previous bet.
(c)
RAISE OR BUMP — When a succeeding bettor bets more than the
amount bet by the previous bettor.
(d)
HAND — Means one game of draw poker is lo-ball poker, from
the initial dealing of cards to all players to the final call of the
bet and showing of cards to determine the winner.
[Ord. No. 414, § 2; Ord. No. 699, § 1 (part), 1977; Ord. No. 1214-13; Ord.
No. 1221-14.]
As to licenses generally, see Ch. 16 of this Code.
No person shall engage in, carry on, maintain or conduct, or
cause to be engaged in, carried on, maintained or conducted, any cardroom
in the city without first having secured a license from the city to
do so according to each and every requirement of this article, or
without complying with each and every regulation contained in this
article pertaining to such cardroom. It shall be the duty of cardroom
licensees and cardroom employees to know the pertinent sections of
this Code and to abide by them.
[Ord. No. 414, § 4; Ord. No. 571, § 1; Ord. No. 613, § 1; Ord.
No. 699, § 1 (part), 1977; Ord. No. 1214-13; Ord. No. 1221-14.]
(a)
An applicant for a cardroom license shall submit his application
to the chief of police, which application shall be under oath and
shall include, among other things, the true names and addresses of
all persons financially interested in the business. The term "persons
financially interested" includes all persons who share in the profits
of the business on the basis of gross or net revenue. The past criminal
record, if any, of the applicant and of all persons financially interested
in the business shall be shown on such application. The application
shall also be accompanied by fingerprints and a recent photograph
of the applicant and of persons financially interested in the business.
The chief of police shall file a written report with the city council
and recommend that it grant or deny the application within sixty days
after the application is filed with him. The city council shall grant
or deny the license within sixty days after receiving the report of
the chief of police.
(b)
The city council shall deny any applicant for a cardroom license
such as a license to operate a cardroom if:
(1)
The applicant has previously been convicted of a felony within the
ten years prior to applying for a cardroom license, or of violating
any gambling law of this state or any other state;
(2)
The applicant has previously been convicted of any narcotics or other
dangerous drugs violations;
(3)
The applicant is not, in the opinion of the chief of police, a fit
and proper person to operate a cardroom;
(4)
The cardroom is to be located within any area of the city which is
wholly residential or if the public entry of the cardroom is located
within two hundred feet walking distance of a residence, and in the
opinion of the chief of police, the issuance of the cardroom permit
would tend to cause a police problem or public nuisance;
(5)
The cardroom is to be located within two hundred feet walking distance
of a public school, church, hospital, or children's playground,
or any other public facility where the presence of the cardroom might
tend to promote a demoralizing effect or cause a police problem or
create a public nuisance.
[Ord. No. 414, § 7; Ord. No. 699, § 1 (part), 1977; Ord. No. 766, § 1; Ord. No. 1214-13; Ord. No. 1221-14]
No person shall be granted a license to conduct more than one cardroom. A cardroom license shall be assignable, transferrable or saleable provided, however, that the assignee or transferee shall qualify for a license under the provisions of Section 8-3 hereof.
[Ord. No. 414, § 9; Ord. No. 699, § 1 (part), 1977; Ord. No. 766, § 2; Ord. No. 1214-13; Ord. No. 1221-14.]
The licensee under this article shall post and keep posted the
license so granted to him, or each certificate or renewal thereof,
in a conspicuous place on the premises for which the same is granted.
Renewal of the license shall be accomplished each year prior to the
expiration of the license then in force. The chief of police shall
grant or deny a license renewal provided for herein. The action of
the chief of police of denying a cardroom license renewal shall be
subject to an appeal to the city council. Notice of such appeal shall
be filed with the city clerk within ten days after the denial of the
cardroom license renewal. Upon failure to file such notice within
the ten-day period, the action of the chief of police in denying such
cardroom license renewal, shall be final and conclusive.
[Ord. No. 414, § 13; Ord. No. 699, § 1 (part), 1977; Ord. No. 1062, § 1; Ord. No. 1214-13; Ord. No. 1221-14.]
The maximum number of cardroom licenses issuable in the city
shall be two. The maximum number of gambling tables shall be twenty.
[Ord. No. 414, § 11; Ord. No. 1214-13; Ord.
No. 1221-14.]
(a)
A nonprofit society or club, or a fraternal labor, or other organization
having adopted bylaws and duly elected officers or directors and members
and having been in actual existence and operation for more than one
year may be granted a license without fee by the chief of police if
he determines from affidavits and evidence submitted to him that:
(1)
The card tables are for the exclusive use of the members of the society
or club, fraternal, labor or other organization;
(2)
No charge is made for use of the card tables;
(3)
Dues of the society, club, or organization are payable not more often
than once each month;
(4)
The playing of cards or the furnishing of card tables for use by
members is, in fact, only an incidental reason for the existence of
the club.
It shall be the responsibility of an applicant seeking a license
without fee to furnish to the chief of police such evidence as he
may require in order to determine whether the applicant qualifies
for such a license.
(b)
The action of the chief of police in denying a license without fee
shall be subject to an appeal to the council. Notice of such appeal
shall be filed with the city clerk within ten days after the denial
of such license without fee. Upon failure to file such a notice within
the ten-day period, the action of the chief of police in denying such
license without fee shall be final and conclusive.
[Ord. No. 414, § 5; Ord. No. 571, § 2; Ord. No. 613, § 2; Ord.
No. 699, § 1 (part), 1977; Ord. No. 1062, § 2; Ord.
No. 1214-13; Ord. No. 1221-14.]
(a)
Cardroom employees shall obtain a work permit from the chief of police.
"Cardroom employees," for the purpose of this article, are defined
as dealers, overseers, and others directly connected with the operation
and supervision of the card tables and excluding waitresses, bartenders,
culinary workers and others not connected with such operation and
supervision. Application for such work permit shall be submitted under
oath and contain the past criminal record, if any, of the applicant
and such information as may be deemed by the chief of police necessary
to determine whether the applicant is a proper person to be issued
a cardroom work permit. A fingerprint based criminal history background
check of the applicant shall be conducted by the California Department
of Justice. All costs of this background check shall be borne by the
applicant. The chief of police shall deny to applicant such a work
permit if the applicant fails to meet the requirements of California
Business and Professions Code Section 1985919850(a).
Pursuant to California Business and Professions Code Section
19912(c)(2) Bureau of Gambling Control division of gambling control
may object to the issuance of any permit.
(b)
The action of the chief of police in denying such a work permit on
the basis of the applicant not being a fit and proper person shall
be subject to an appeal to the council. Notice of such appeal shall
be filed with the city clerk within ten days after the denial of the
work permit. Upon failure to file such notice within the ten-day period,
the action of the chief of police in denying such work permit shall
be final and conclusive.
(c)
Renewal of employee work permits shall be accomplished once every
two years. Such renewal shall be applied for prior to the expiration
of the permit then in force.
[Ord. No. 414, § 6; Ord. No. 1214-13; Ord.
No. 1221-14.]
The chief of police shall have the right for cause to revoke
or suspend a cardroom license or cardroom work permit issued under
this article and to take possession of such permits. Any of the grounds
upon which the chief of police shall be required to refuse to issue
an initial cardroom license or cardroom work permit shall also constitute
grounds for such revocation or suspension. In addition, the failure
of a holder of a cardroom license or cardroom work permit to comply
with the provisions of this article shall also constitute grounds
for revocation or suspension of such license or work permit. The action
of the chief of police in this respect shall be subject to an appeal
to the council. Notice of such appeal shall be filed with the city
clerk within ten days after the revocation or suspension. Upon failure
to file such notice within the ten-day period, the action of the chief
of police in revoking or suspending the license or work permit shall
be final and conclusive.
[Ord. No. 414, § 8; Ord. No. 565, § 1; Ord. No. 699, § 1 (part), 1977; Ord. No. 702, § 1, 1977; Ord. No. 726, § 1, 1978; Ord. No. 769, § 1; Ord. No. 805, § 1; Ord.
No. 826, § 1; Ord. No.
872, § 1; Ord. No. 958, § 1; Ord. No. 1036, § 1; Ord. No. 1048,
§ 1; Ord. No. 1062, § 3; Ord. No. 1214-13; Ord.
No. 1221-14.]
Except as hereinafter provided, no person shall operate a cardroom
in violation of any of the following regulations:
(a)
Not more than one cardroom shall be located at any one address.
(b)
Not more than ten tables shall be permitted in any cardroom.
(c)
Not more than nine players shall be permitted at any one card table.
(d)
Cardrooms shall be located on the ground floor.
(e)
No minor under the age of twenty-one years shall be permitted in
any cardroom, or to participate in any game played therein.
(f)
All cardrooms shall maintain hours as set by city council resolution.
(g)
All cardrooms shall be open to police inspection during all hours
of operation to ensure compliance with all laws and patron security
and safety in and around cardrooms.
(h)
Every card table shall have an assigned cardroom employee whose duty
shall be to supervise the game and to see to it that the game is played
strictly in accordance with the terms of this chapter and with the
provisions of the Penal Code of this state. This person may have no
more than two tables under his supervision and he shall not participate
in the game; save and except that when there is only one table being
supervised by a cardroom employee, and such table has no more than
six players, the supervising cardroom employee may participate in
the game until a seventh player joins the game.
(i)
No person who is in a state of intoxication shall be permitted in
any cardroom. It shall be the duty of the cardroom licensee or his
permitted employees to cause the removal of any intoxicated person
from the cardroom.
(j)
Each cardroom operator shall post rates of play in a public place
in the cardroom and keep the rates currently charged posted at all
times in a location visible to the public. Each cardroom operator
shall also file a current list or rates charged with the chief of
police. No cardroom operator shall charge any rates other than those
shown as posted and as filed with the chief of police.
(k)
Maximum bets and miscellaneous rules: There are no wagering limits
established by this Ordinance for the purposes of Business and Professions
Code Section 19860.
[Ord. No. 414, § 10; Ord. No. 1214-13; Ord.
No. 1221-14.]
It is unlawful for any cardroom operator to employ a person
to act in the capacity of a shill or dummy; and it is unlawful for
any person to act in the capacity of a shill or dummy. As used in
this section, the "shill" means an accomplice of a gambler who participates
in a card game, or, one who starts a card game to encourage others
to play. "Dummy" means one who plays in a card game acting for a cardroom
operator while ostensibly acting for himself.
[Ord. No. 414, § 12; Ord. No. 1214-13; Ord.
No. 1221-14.]
The city council declares that it is not the intention of this
article to permit the licensing of any cardroom for the playing of
any game prohibited by the laws of the state, including but not limited
to those games enumerated in Section 330 of the Penal Code of the
state, which section includes banking and percentage games.
