means any establishment open to the public wherein games
of any kind are played with cards for which a fee of whatever nature
is charged.
(O3014)
A.
Any
person conducting, carrying on or managing a card room, shall obtain
a permit from the Police Chief prior to conducting, carrying on, or
managing such business. No new permits for a card room shall be issued
under this chapter.
B.
No person
shall be employed by any card room as an employee, nor serve as an
independent agent or contractor for the card room, unless he or she
has a valid work permit issued by the Chief of Police pursuant to
this section. Copies of such work permits shall be available for inspection
by the city's law enforcement officials during the card room's hours
of operation. 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. Any application for
a work permit shall be subject to objection by the State Division
of Gambling Control. 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.
C.
The
application for each permit shall be accompanied by fingerprints of
the applicant and shall contain all information deemed relevant by
the Police Chief.
1.
For
each applicant, partner, corporate board of director and chief executive
officer listed and all others determined to have a financial interest
in the card room under application, there shall be an application
fee as set by resolution.
2.
For
each dealer or employee involved in the operations of the card room
facility, there shall be an application fee as set by resolution.
This fee includes the first year license, if approved.
D.
Each person managing, conducting or carrying on a card room must pay the license fees required by Chapter 5.04 of this title. In addition, each dealer or employee of a card room shall be required to have an annually renewable license to be employed by the card room facility. This license shall be a form prescribed by the city and shall include a standard size colored photograph provided by the applicant, and shall be displayed in a prominent place at the entrance of the card room facility at all times. License shall expire on December 31st of each year and may be renewed by the applicant. The annual license fee shall be set by resolution. License fee may be prorated to no less than one-half the annual fee after July 1st of each year.
(O3014; O4112; O1999)
Permits previously used under this chapter may be transferred subject to the transferee complying with Section 5.16.020 of this chapter in its entirety. Transferees are subject to the payment of a transfer fee in the amount of $1,000.00 per individual, partner, stockholder or officer. Said transfer fee shall be paid at the time of application. In addition, the applicant shall pay the appropriate investigation fee.
(O3014; O4078)
Permits under this chapter may be suspended or revoked by the
Council upon conviction for a violation of any of the provisions of
this chapter or when in the opinion of the Council, the continued
operation of such place or establishment will be injurious to the
public health, safety, welfare or morals of the people of the city.
(O3014)
Any person conducting, carrying on or managing a card room,
shall not have more card tables in active operation in any room or
combination of rooms than allowed under its use permit. Any card table
not in active operation shall be covered or prominently labeled as
being non-operational. The cover and sign shall be approved in advance
in writing by the Chief of Police.
(O3014; O2020-009, 6/23/20)
It is unlawful for any owner, tenant, operator or other such
person in charge or control of any such card room, enclosure, game
or tables, to permit any person to enter into a card room or play
at any card table while such person is obviously intoxicated by alcoholic
beverages, narcotics, or other drugs.
(O3014; O2020-009, 6/23/20)
No proprietor or person having charge of any card room shall
permit or allow any person under the age of 21 years to be within
a card room or enclosure at any time; provided, however, that persons
under the age of 21 years may be allowed in the restaurant section
of a gambling establishment if the restaurant is accessible from the
outside without requiring passage through a card room or enclosure,
and the restaurant and such access are visually separate from the
card room or enclosure.
(O3014; O2020-009, 6/23/20)
No bagatelle table, card table, or devices at or upon which
card games may be played by the general public, shall be maintained
behind any closed, locked or barred door at any place or business
in this city. The main entrance of any card room shall at all times
remain unlocked and unbarred while any games are being played upon
the said premises; and at all times all card room games are being
played shall be kept in such condition as to be accessible for inspection
to all Police Officers. No permit for the conduct of any card game
shall be issued for any portion of any premises unless such portion
is in close proximity to and readily accessible by all Police Officers
from the main entrance of said premises.
(O3014)
The permit approved pursuant to this chapter may not be used unless and until the holder of the permit complies with any and all regulations of Title 17 of this code.
(O3014)
Nothing in this chapter shall be interpreted as authorizing,
allowing, permitting, or granting authority, either directly or indirectly,
to any person to carry on, conduct or cause to be carried on or conducted,
any game or games prohibited by State Penal Code Section 330 as of
the effective date of the ordinance codified in this chapter, or as
it may be amended.
(O3014)
Before any card room shall be allowed to operate, each card
room, and each owner, manager, and operator of a card room, shall
adopt a schedule of hours of operation, which such schedule shall
first be approved by the Police Chief. Each card room shall conspicuously
post schedules of its hours of operation at all entrances and exits
of the premises in which the card room is operating in order to give
law enforcement officials and patrons adequate notice of the hours
during which the card room will be opened for business. Card rooms
which comply with all requirements of this chapter shall be authorized
to operate 24 hours each day.
(O1999)
No person or entity owning, managing, operating or controlling
a card room shall allow, suffer or cause disorderly conduct or a breach
of the peace in or around the premises at which a card room is operated.
Each card room, and each owner, manager and operator of a card room,
shall be responsible for and liable for the security and safety of
its patrons' safety and security in and around the premises in which
the card room is operating. Before it shall be allowed to operate,
each card room, and each owner, manager and operator of a card room,
shall adopt a plan to provide for the safety and security of patrons,
which such plan shall be submitted to the Police Chief for review
and approval prior to the operation of each card room. Each card room,
and each owner, manager and operator of a card room, shall conspicuously
post inside the premises in which the card room is operating the approved
patron security and safety plan, in order to give law enforcement
officials and patrons adequate notice of such plan.
(O1999)
There are no mandatory limits on the amount wagered in any permitted
games. A gambling establishment permittee may impose wagering limits
on any game, at his or her discretion. Before a gambling establishment
is allowed to operate, the rules for wagering limits shall be approved
by the City Council. Such rules shall be clearly posted at the gambling
tables where the games are offered during hours of operation to provide
the patrons adequate notice of those rules.
(O2007 16)
No more than 11 card tables shall be permitted to be in operation at any one time in a card room. No more than 11 card tables shall be permitted to be in operation at any one time in the City of Napa. Any card tables in excess of the maximum prescribed in this Section 5.16.140 shall be prominently labeled as being non-operational. The total number of card tables permitted on the premises shall be as approved by a use permit. No card table shall accommodate in excess of 15 patrons at one time.
(O1999; O2020-009, 6/23/20; Ord. O2024-001, 5/7/2024)
