It is unlawful for any person, firm, association, partnership,
society or corporation, to deal, play, or carry on, open, or cause
to be opened, or conduct, either as owner or employee, whether for
hire or not, any game other than those enumerated in California Penal
Code Section 330, with cards, dice, or any device, for money, checks,
credits or other representative of value, unless a valid permit is
first obtained from the sheriff of the county.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
Every person who maintains a place where tables are furnished
to the public for the purpose of playing cards or games shall be considered
to be engaged in a business requiring a permit from the sheriff of
Merced County. The permit required by this section shall be in addition
to any other licenses or permits required by any governmental agency
for any business conducted on the premises.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
A.
There
shall be a fee of $100 per quarter for a permit to conduct a business
of furnishing tables to the public for a fee or rental for the purpose
of playing games or cards. This fee shall permit the furnishing of
one table only. Should additional tables be furnished to the public,
there shall be a fee of $50 per quarter for each such additional table
so furnished.
B.
Where
no fee or rental is charged for the purpose of playing games on a
table so furnished, a fee of $20 per quarter shall be charged for
one table. Ten dollars per quarter shall be charged for each additional
table.
C.
All
fees shall be collected by the sheriff quarterly and deposited with
the county treasurer.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
A.
The
character and fitness of every person and place or establishment subject
to the provisions of this section, shall first be investigated by
the sheriff before any permit or renewal of a permit under this chapter
shall be issued. After conducting such investigation, if the sheriff
finds that the character, reputation or fitness of such person, place
or establishment is good, he shall notify the county fire chief; who
shall make an inspection of the premises for which a permit is sought.
On receiving from the county fire chief a written statement that in
his opinion the premises can safely be utilized for the purpose for
which the permit is required, the sheriff shall issue the permit in
accordance with this section. If, after conducting such investigation,
the sheriff finds that the character, reputation or fitness of any
such person, place or establishment is undesirable, he shall deny
the applicant a permit, and shall notify the applicant of such fact,
whereupon the applicant may appeal to the Board of Supervisors. Any
such appeal shall be made in writing within ten days after the applicant
has received notice of denial from the sheriff. If the board of supervisors
concurs in the recommendation of the sheriff, or if no appeal is made
by the applicant, the permit shall not be issued. At the time of any
appeal to the Board of Supervisors, the sheriff shall make available
to the applicant the facts upon which the denial of the renewal of
a permit was based. The Board of Supervisors shall conduct a public
hearing into the matter within 30 days of receipt of the appeal, under
such rules as they may prescribe.
B.
If the
board of supervisors, after public hearing, concurs in the findings
of the sheriff then no permit shall be issued to the applicant. If
the board of supervisors disagrees with such findings by a majority
vote, then it shall order the permit to be issued to applicant in
accordance with this section.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
Before it shall be allowed to operate, each gambling establishment
shall adopt a schedule of the hours of operation, after the schedule
has been approved by the local licensing authority. Such approved
schedule of hours shall be clearly posted at the gambling establishment
so as to give law enforcement and patrons adequate notice of the hours
of operation. Unless otherwise restricted, a gambling establishment
may be allowed to operate 18 hours each day.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
It is unlawful for any person under the age of 18 years to be
or remain in, enter or visit any public cardroom in the county.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
It is unlawful for the proprietor or person having charge or
control of any public cardroom in the county to allow or permit any
person under the age of 18 years to be or remain in, enter or visit
such public cardroom.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
Nothing in this chapter shall be construed as permitting or
licensing the dealing, playing, carrying on or conducting any game
prohibited by or in any manner contrary to the provisions of the Penal
Code of the state of other applicable law.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
Any violation of this chapter constitutes a misdemeanor which
shall be punished by a fine not exceeding $1,000 or imprisonment for
a term not exceeding six months in the county jail, or by both such
fine and imprisonment. Every day any violation of this chapter continues
constitutes a separate offense.
(Ord. 323, 1956; Ord. 724, 1974; Ord. 1630, 1999)
Each gambling establishment licensee shall be responsible and
liable for its patrons safety and security in and around the gambling
establishment. Before it shall be allowed to operate, each gambling
establishment shall adopt a plan to provide for the safety and security
of patrons, after the plan has been approved by the local licensing
authority.
(Ord. 1630, 1999)
No gambling establishment may be located in any zone which has
not been specifically approved for such a business and none may be
located near any of the unsuitable areas, as specified in Business
and Professions Code Section 19852(a)(3).
(Ord. 1630, 1999)
Before it shall be allowed to operate, each gambling establishment
shall adopt rules for wagering limits in each game, after the rules
have been approved by the local licensing authority. During hours
of operation, such rules shall be clearly posted at the gambling tables
where the games are offered, to provide the patrons adequate notice
of those rules.
(Ord. 1630, 1999)
No more than two gambling tables shall be allowed to operate
in this jurisdiction, and not more than five tables shall be allowed
to operate in any gambling establishment.
(Ord. 1630, 1999)
A.
In addition
to any other restrictions provided by law, no work permit shall be
issued to anyone who is disqualified from holding a state gambling
license, for any of the reasons specified in Business and Professions
Code Section 19850.
B.
Any
application for a work permit shall be subject to objection by the
state division. If the division objects to the issuance of a work
permit it shall be denied. Such a denial may be reviewed in accordance
with the Gambling Control Act (Business and Professions Code Section
19801 et seq.).
(Ord. 1630, 1999)
