[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.