Chapter 10-10 GAMBLING CARD GAMES

Notwithstanding the provisions of Section 10-10.010, the City Council recognizes that the playing of certain card games, not prohibited by the California Penal Code, for money or other things of value, is permitted in certain commercial establishments licensed by the county of Sonoma, that the property on which any such county-licensed commercial establishment is situated may be annexed to the City of Santa Rosa, and that upon such annexation the provisions of Section 10-10.010 may cause a financial hardship to the operator of the annexed establishment.

To mitigate and lessen such financial hardship on the operator of any such establishment, who held a valid gambling license issued by the county of Sonoma at the time the property on which the establishment is situated was so annexed, the operator thereof shall have a one-year grace period, from the date the annexation is completed, to terminate all operations and activities prohibited by Section 10-10.010, provided the operator of any such establishment obtains a license and any required permits therefor from the Chief of Police, in accordance with the provisions of this chapter, and provided, further, that such establishment is at all times operated during such grace period in accordance with the regulations and requirements set forth in or adopted under the provisions of this chapter.

§ 10-10.030 License—Required during grace period.

In the event that the operator of any such county-licensed establishment so annexed was obligated by a written lease exceeding one year in duration from the date notice of the annexation proceedings was mailed to the owner of the property on which it is situated, or the operator has invested money in leasehold or other improvements prior to such notice date, so that a longer grace period is necessary to prevent a severe financial hardship, the operator of such establishment may apply in writing to the City Council for one extension of such grace period for up to two additional years. The application shall set forth in detail all relevant facts upon which the claim of severe financial hardship is based. In addition, the operator shall provide City staff with all further relevant financial information and documents as may be requested by staff or the City Council. The City Council, following receipt of such application, and its investigation by staff, and after giving 10 days' prior notice of the hearing date to the applicant, shall hear the matter, and upon its finding that a severe hardship does exist, may grant, by resolution, one extension of the grace period for up to two additional years, and may impose reasonable conditions on the extension.

(Prior code § 18.11(a); Ord. 2320 § 1, 1983)

Any person who operated a county-licensed gambling establishment at the time such establishment was annexed to the City, as a condition of continuing the operation of such establishment within the City during the grace period, or extension thereof, as provided in Section 10-10.020, shall obtain and hold at all times during such grace period a valid gambling license issued in accordance with this chapter.

(Prior code § 18.11(b)(1); Ord. 2320 § 1, 1983)

§ 10-10.040 Dealer permit—Required when.

No individual shall act as operator, dealer or shill in any premises licensed for gambling under this chapter without a current and valid dealer's permit, issued under this chapter.

(Prior code § 18.11(b)(2); Ord. 2320 § 1(part), 1983)

§ 10-10.050 Definitions.

As used in this chapter, the following words have the meaning ascribed to them in this section:

"Chief of police"

means the Chief of Police of the City, or his authorized representative.

"Dealer"

means any individual dealing a gambling game, or who operates or manages such game or games on a premises licensed under this chapter.

"Gambling"

means the playing, for money or chips representing money, or for any other thing of value, of those card games which are not unlawful under the laws of the state of California.

"Gambling licensee"

means any person or persons who are currently licensed under this chapter.

"Person"

means and includes individual, partnership, corporation, association, club, firm, or entity of any character whatsoever.

"Shill"

means any individual playing in a gambling game with money or chips belonging to a gambling licensee.

(Prior code § 18.11(b)(3); Ord. 2320 § 1, 1983)

§ 10-10.060 Licensed premises—Unlicensed employees and unlawful activities prohibited.

No gambling licensee shall permit or suffer in the licensed premises:

Any game to be played without a dealer who has in his possession a valid dealer's permit and who wears an identification badge as required by subsection G of Section 10-10.110;

Any individual to act as a dealer, shill or operator without a valid dealer's permit;

Any individual not employed by the licensee to act as dealer, shill or operator;

Any individual under age 21 to act as a dealer, shill or operator;

§ 10-10.070 Licensed premises—Unlawful activities designated.

Any game to be played at an unlicensed table;

(F)

Any game to be played at any table where a licensed dealer is not present at all times.

(Prior code § 18.11(b)(4); Ord. 2320 § 1, 1983)

No gambling licensee shall permit or suffer in any licensed premises:

Gambling on credit for anything of value other than lawful money of the United States or chips representing such lawful money, which money has been deposited with the licensee;

Gambling by any individual noticeably under the influence of intoxicants or drugs of any kind;

Gambling by any individual under 21 years of age;

Gambling between the hours of two a.m. and nine a.m.;

§ 10-10.080 License—Issued by police chief—Term.

Any gambling games declared illegal under the laws of the state.

(Prior code § 18.11 (b)(5); Ord. 2320 § 1, 1983)

Gambling licenses shall be issued by the Chief of Police for a one-year period, or such shorter period as may be authorized by the City Council. The gambling license shall identify the licensee, the premises for which it is issued, and the number of tables authorized.

(Prior code § 18.11(b)(6); Ord. 2320 § 1, 1983)

§ 10-10.090 License—Application requirements and issuance conditions.

Applications for an initial gambling license shall be filed with the Chief of Police as early as possible, but in no event later than 10 days following completion of the applicable annexation, or the effective date of the ordinance codified in this chapter, whichever is later. Applications for renewal of a license shall be filed with the Chief of Police at least 30 days before the date of the beginning of the proposed renewal period. Each application shall be in writing on a form provided by the Chief of Police, and shall contain the information set out below.

Each application for a gambling license shall contain such information as required by the Chief of Police, including but not limited to:

A statement of applicant's understanding that business conducted pursuant to the license must comply with this section and the laws concerning gambling of the United States and the state of California, and that any violation of this chapter will warrant suspension or revocation of all gambling licenses issued to the applicant, either individually or jointly with others;

The consent of the applicant to examinations and inspections by the Chief of Police and his subordinates of the premises for which a gambling license is sought or issued, and all equipment used in the gambling operations, at any time during business hours throughout the period between the date of the application and the expiration of the license;

A verification under penalty of perjury that all information contained in the application is true, executed by each person having any financial interest in the business sought to be licensed, each of whom shall be an applicant.

The Chief of Police shall inspect the premises sought to be licensed, and the equipment sought to be used in the licensed business, and shall investigate the background of the applicant(s) named in the application. The Chief of Police may issue a gambling license only to applicants whose application, background and premises fully comply with the requirements of this chapter. No license may be issued for a period longer than the initial grace period, or any extension therefor granted by the City Council as provided in Section 10-10.020.

A gambling license shall not be issued:

For premises in which the Chief of Police finds, on recommendation of appropriate City officials, that occupancy occasioned by gambling operations will cause or intensify a safety, health or fire hazard;

For gambling in areas in which individuals under 21 years of age are permitted, or in which gambling operations will endanger or be injurious to public health or safety;

To any applicant who has had any type of gambling license or permit denied or revoked for cause by any public agency in this or any other state;

(4)

To any applicant who, within 10 years preceding the date of application, has been convicted of a felony or a gambling offense.

§ 10-10.110 Dealer permit—Application requirements and issuance conditions.

Each gambling license shall be posted in plain view in a conspicuous place in the licensed premises. Each gambling licensee shall keep the premises open and unlocked during all hours when gambling is occurring.

(F)

A gambling license shall be personal to the holder, and may not be transferred to another person, and may not be transferred to another location.

(G)

Each gambling licensee shall give written notice to the Chief of Police within 24 hours, excluding Sundays and legal holidays, of the time of occurrence of any change in licensed personnel. Such written notice shall state the name and residence address of the licensed personnel hired or separated, the capacity in which each of such personnel was or is employed, and the date of change.

(H)

Applications for renewal of a license shall be in the same form as for original issuance of a license. The Chief of Police may waive completion of those portions of the application in which he determines that he has current, accurate date in his file.

(Prior code § 18.11(b)(7); Ord. 2320 § 1, 1983)

§ 10-10.100 License—Fees.

A fee shall be established by resolution of the City Council to assist in the funding of the costs of administration and enforcement of this chapter. Such fee shall be paid at the time an application is filed.

(Prior code § 18.11(b)(8); Ord. 2320 § 1, 1983)

Dealer's permits shall be issued by the Chief of Police on an annual basis, and shall be valid for the period of one year from the date of issue unless earlier suspended or revoked; provided, no dealer's permit or a renewal thereof shall be issued for a period longer than the grace period, or any extension thereof, granted under the provisions of Section 10-10.020. Applications for renewal of a dealer's permit shall be filed with the Chief of Police at least 30 days before the date of the beginning of the proposed renewal period. Each application shall be in writing on a form provided by the Chief of Police, and shall conform to the information set out in this section.

Each dealer's permit application shall contain such information as required by the Chief of Police, including but not limited to:

A statement of the applicant's understanding that activities carried on pursuant to the permit must comply with the requirements of this chapter and the laws of the United States and the state of California concerning gambling, and that any violation of this chapter or California or United States laws regarding gambling will warrant suspension or revocation of the permit;

A verification under penalty of perjury of all information contained in the application.

The Chief of Police may issue a temporary dealer's permit, which shall be valid as a dealer's permit during the pendency of the Chief of Police's investigation or until notice to the applicant of denial of the permit applied for.

The Chief of Police shall investigate the background of each applicant, and may issue a dealer's permit only to an applicant whose application and background fully comply with the requirements of this chapter.

A dealer's permit shall not be issued:

To any applicant who has had any type of gambling license or permit denied or revoked for cause by any public agency in this or any other state;

To any applicant who, within the 10 years preceding the date of application, has been convicted of a felony or a gambling offense;

§ 10-10.120 Denial, suspension or revocation of license or dealer permit—Conditions.

To any applicant who is under 21 years of age.

(F)

Dealer's permits shall not be transferable.

(G)

Each dealer, while dealing a card game, and each shill, while acting as a shill, shall wear an identification badge containing his/her first name clearly printed in block letters at least three-eighths inch in height, visible and legible to all players, and thereunder the word "EMPLOYEE" in block capital letters of equal size to the name letters. Each dealer and shill shall have a valid dealer's permit in his/her possession while so acting.

(Prior code § 18.11(b)(9); Ord. 2320 § 1, 1983)

The Chief of Police, for good cause, may suspend, revoke or deny any gambling license or dealer's permit. Good cause for denial, suspension or revocation shall consist of a finding by the Chief of Police, from substantial, reliable evidence, that:

The licensee or permittee has violated or is violating any provisions of this chapter, or any law concerning gambling of the United States or the state of California;

The licensee or permittee has been convicted of any criminal act involving moral turpitude; or

The continuance of the licensee's or permittee's operations pursuant to such license or permit would be injurious to the health, safety or welfare of the people of the City.

§ 10-10.130 Denial, suspension or revocation of license or dealer permit—Appeal procedure.

The Chief of Police's determination shall be in writing. The decision shall be served by placing the same in the United States mail, postage prepaid, either registered or certified, addressed to the home address shown on the application, and also addressed to the last known business address shown on the application. The Chief of Police may also serve the decision on any person who appears to be in charge of the premises or, if the premises are closed, by posting the decision on the front door.

(Prior code § 18.11(b)(10); Ord. 2320 § 1, 1983)

Any applicant for a license or permit whose application is denied in writing by the Chief of Police, or any person holding a gambling license or dealer's permit whose license or permit is suspended or revoked in writing by the Chief of Police, may appeal to the City Council. Such appeal:

Shall be in writing;

Shall state the name and address of the appellant;

Shall describe the nature of the decision being appealed;

(4)

Shall state each fact and ground upon which the appellant relies in seeking to change the decision; and

(5)

Shall be signed by the appellant.

Such appeal shall be filed with the City Clerk within 10 days (Sundays and legal holidays excepted) of the date of service of denial, revocation or suspension. The City Clerk shall serve notice of time and place of the appeal hearing before the City Council by depositing the same in an envelope in the United States mail, registered or certified, addressed to the appellant at the appellant's address stated in the appeal application, not less than 10 days prior to the date of the hearing.

At the hearing, the City Council shall consider such evidence as may be provided by the appellant, the Chief of Police, and others, which is relevant to the issues presented and stated in the appeal. After considering such evidence, the City Council may:

Grant the appeal and overrule the decision of the Chief of Police; or

Deny the appeal and sustain the decision of the Chief of Police; or

§ 10-10.150 Exceptions—Private games.

Change, modify or amend such decision.

The City Council's decision shall be final.

(Prior code § 18.11(b)(11); Ord. 2320 § 1, 1983)

§ 10-10.140 Violation—Penalty.

Any violation of Sections 10-10.020 through 10-10.130, and Sections 10-10.150 through 10-10.160 shall be a misdemeanor punishable as provided in this code.

(Prior code § 18.11(b)(12); Ord. 2320 § 1, 1983)

This chapter shall not apply to the following: