A. 
It is unlawful for any person, firm, or corporation to keep, maintain, permit, or have a financial interest in or allow to be kept or maintained in any building, place or premises owned, managed, supervised, possessed or controlled by him or her or it, in the City, any "cardroom" without first obtaining a license from the City Clerk to do so. No more than one license shall be issued to or controlled by any one person, firm or corporation. No person shall be permitted to hold or be financially interested in more than one cardroom or cardroom license issued by the City.
B. 
It is unlawful for any person, firm or corporation to maintain at any time in any such place or establishment any card tables for which a cardroom license has not been obtained.
(Ord. 212 § 2, 9, 1977)
A. 
A "cardroom," as defined in this section, refers to a single table used or intended to be used as a card table for the playing of cards and similar games, the use of which is available to the public or any portion of the public.
B. 
There shall be no more than three card tables in any cardroom at any one location. The location of a cardroom shall not be changed unless application therefor is made to, and approved by the Chief of Police. No cardroom shall be located where it may tend to become a public or private nuisance.
C. 
No cardroom shall be located within 300 feet of any other cardroom. Such distance shall be measured from the public access of one cardroom to the closest public access of any other cardroom and shall be measured by the nearest sidewalk, street or alley route between such two cardrooms. This provision shall have no application to cardrooms which were actively operating under a valid cardroom license on December 21, 1977.
D. 
No cardroom shall be located within 300 feet of any existing church, school, park, or playground. Such distance shall be measured from the property line of such church, park, school, or playground to the nearest public access of such cardroom. This provision shall have no application to cardrooms which were actively licensed under a valid cardroom license on December 21, 1977.
(Ord. 212 § 2, 1977)
A written application for a cardroom license under this chapter shall be filed with the City Clerk upon forms to be provided and shall contain the following information:
A. 
The name, occupation, business and residence address of the applicant;
B. 
The location and ownership of the premises for which the permit is sought;
C. 
The names and addresses of all persons financially interested in the business; financial interest includes anyone who shares in the profits of the business on the basis of gross or net revenue;
D. 
The past criminal record if any, of the applicant, owner of the premises and/or of all persons financially interested in the business;
E. 
A statement that the applicant understands and agrees:
1. 
That the application shall be considered by the Chief of Police only after full investigation and report have been made and conducted by the Chief of Police,
2. 
That any business or activity conducted or operated under any license issued under such application shall be operated in full conformity of all of the laws of the State and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection there with, shall render any license therefor subject to immediate suspension or revocation,
3. 
That the applicant has read the provisions of this chapter and particularly the provisions of this section and understands the same;
F. 
Any other information required by the Chief of Police which is reasonably related to factors to be considered by him or her with respect to the issuance of such license.
(Ord. 212 § 3, 1977)
A. 
The Chief of Police shall inspect the cardroom in question and investigate the moral character of the applicant and of all persons financially interested in the business. The Chief of Police shall not approve any application unless he or she is satisfied that the applicant and all persons financially interested in the business are of good moral character, and the operation of the cardroom at the premises proposed would not constitute a violation of any State law or ordinance in the City, including, but not limited to, the Building Code, Zoning Code, or any health regulations. No license shall be issued to a person who has within five years immediately preceding the date of filing the application been convicted in a court of competent jurisdiction of any offense:
1. 
Which relates to the operation of a cardroom or similar establishment;
2. 
Involving violation of any gambling law or ordinance; and
3. 
Any other crime involving moral turpitude, or has had any cardroom license issued within the State revoked or suspended.
A material misstatement on any application shall be a ground for denial of a license.
B. 
The Chief of Police shall make a full and complete investigation of the applicant (including its officers and members, if any, whose names and addresses are shown upon the application), and such investigation shall include such background investigation and credit investigation as the Chief of Police deems appropriate. In addition to any other business license fee levied by the City, an application fee of $25.00 shall be retained by the City for the payment of the costs of investigating the applicant.
C. 
The Chief of Police may deny any such application, if, after investigating the matter, he or she determines that it will be injurious to the public health, safety, welfare, or morals of the people of the City. An applicant may appeal to the City Council after denial if such appeal is filed within 10 days of the denial action. If no appeal is filed within the 10-day period, the denial of the permit shall be final and conclusive.
(Ord. 212 § 3, 1977)
A. 
The number of licenses issued shall be two for the first 3,000 residents in the City and thereafter one additional license for each 1,500 residents of the City, as determined by the last Federal census, or as determined by the latest population estimate of the Department of Finance of the State; except, that such limitations shall not apply to any license issued and in effect on December 21, 1977, providing that such license was actually being used on said date. Any cardroom license heretofore issued and in effect on December 21, 1977, which was not being used in connection with the active operation of a cardroom is revoked.
B. 
Whenever, according to the terms of this chapter, a cardroom license may be granted, it shall be granted or denied in the chronological order in which application therefor was made; all applications are subject to the other provisions of this chapter. The City Clerk shall maintain a list showing in chronological order the applications presently on file with him or her. Such list shall expire on December 31st of each year and a new list shall be started for the following calendar year. Any person who had a position on the priority list for the preceding year may maintain such position by renewing the application for license and paying an additional sum of $25.00 and verifying that all of the information contained in the original application is still true and correct. Such renewal application and payment shall be made on or before December 31st.
(Ord. 212 § 4, 1977)
A. 
Every person, firm or corporation engaged in, possessing or conducting the business of maintaining a cardroom used by the public for the playing of cards and for the use of which a fee or compensation is charged players, in addition to obtaining the license required by Section 5.52.010, shall pay a license fee of $500.00 per calendar year payable in advance for the one card table in each cardroom and thereafter, in addition thereto, a fee of $100.00 for each additional card table for a total of $700.00 for three tables. A license fee shall not be prorated in the event application is made for a license to cover an unexpired portion of the calendar year. A calendar year will be from January 1st to December 31st and all licenses shall expire on December 31st of the year for which such license was issued or renewed.
B. 
Each cardroom licensee shall post with the City a cash bond in the sum of $1,000.00, or a surety bond in the same amount furnished by a corporate surety authorized to do business in the State, payable to the City. A corporate surety posting a bond for a licensee, as required by this section, must notify the City Clerk in writing, 10 days prior to any cancellations or discontinuance of the bond. The bond shall guarantee that the licensee shall redeem all chips, or any other device used in the card games, for cash, and the bond shall be kept in full force and effect by the licensee throughout the term of the license. No new cardroom license shall be issued until such bond has been posted.
(Ord. 212 § 5, 1977)
Licenses issued under this chapter shall not be transferable and any attempted transfer shall render the license in question invalid. For the purpose of this section, "transfer" includes any lease or sublease of the license. The licensee must be physically present in the cardroom for, and have an active participation in, the card games for at least 50% of the total hours played under such license during each and every calendar month. "Active participation," for the purpose of this chapter, means managing, supervising, or dealing. If the person to whom the license is issued is not physically present, he or she shall be deemed to have transferred the license and it shall be revoked. He or she may have a right of appeal to the City Council by written application therefor within a period of 10 days after revocation. If no appeal is filed within the 10-day period, then the revocation of the license shall be final and conclusive.
(Ord. 212 § 7, 1977)
Every employee of any person, firm, or corporation licensed to operate a cardroom open to the public for playing cards where a fee or compensation is charged to players, whose employment involves maintaining or operating the cardroom, shall, prior to his or her employment, secure a permit from the Chief of Police of the City. The application for the permit shall be accompanied by fingerprinting of the applicant and shall contain all information deemed relevant by the Chief of Police. The application shall be accompanied by a fee of $20.00 and shall be valid for one year unless revoked; all permits shall expire on June 30th of each year and shall not be prorated. The $20.00 fee shall not be returned in the event the application is refused, revoked or suspended. The Chief of Police shall not approve any application unless he or she is satisfied that the applicant is of good moral character. The action of the Chief of Police in denying an application shall be subject to an appeal to the City Council; however, if such appeal is not filed with the City Clerk within 10 days after the denial, the action by the Chief of Police in denying the application shall be final and conclusive.
(Ord. 212 § 11, 1977)
Notwithstanding any provisions to the contrary, the only sign permitted with respect to the operation of any cardroom shall be a single unlighted sign no larger than six square feet; such sign shall otherwise comply with all requirements set forth in this code. Nonconforming signs which were in place on December 21, 1977, may be left in place as long as the premises are used as a cardroom and properly licensed under the provisions of this chapter, after which any such nonconforming sign shall be removed or modified to conform to the provisions of this section. There shall be a right of appeal for a variance from the limitations in this section, but subject to the general provisions for signs contained in this code.
(Ord. 212 § 2, 1977)
No card table, whereupon card games may be played, while used in games shall be kept behind any locked or barred door. The main entrance from the street or parking area to a cardroom in any premises for which a license is required under this chapter, shall at all times remain unlocked and unbarred while any game is being played upon such premises, and every such cardroom shall at all times, while any game is being played, be kept in such condition as to be accessible for inspection by any police officer. No license for the conduct of any card game shall be issued for any portion of any premises unless such portion is readily accessible by police officers.
(Ord. 212 § 12, 1977)
No proprietor or person having charge of any cardroom open to the public for playing cards where a fee or compensation is charged to players, in the City, shall suffer or permit any person under the age of 21 years to enter, be in, remain in, or visit such establishment.
(Ord. 212 § 10, 1977)
All cardrooms shall be subject to the following conditions:
A. 
Only table stakes shall be permitted in any card game.
B. 
Only chips and no money shall be permitted in any card game.
C. 
There shall be a telephone in service at all times in every cardroom.
D. 
Cuts of pots, or rakeoffs will not exceed a maximum of 10% or less of the total pot at the end of each game or deal.
E. 
If a time rate is charged, cuts of pots or rakeoffs shall not be used.
F. 
No person who is in a state of intoxication shall be permitted in any cardroom.
G. 
There shall be posted in every cardroom a sign stating the name of the game played, the rules of play, and any time charge or percentage of pot taken by the dealer.
H. 
No operator nor employee may use a "shill" in any card game unless a work permit is obtained under Section 5.52.080 and a copy of same is posted in a conspicuous place on the premises.
I. 
Cardrooms shall be located on the ground floor and arranged so that card tables and the players shall be plainly visible from the front door opening when such door is opened. No wall, partition, screen or similar structure between the front door opening on the street and any card table located in the cardroom shall be permitted if it interferes with such visibility.
J. 
The licensee or his or her agents or employees shall not:
1. 
Extend credit to a player;
2. 
Accept IOU's or other notes;
3. 
Loan money to any person or any ring, watch or other article of personal property for the purpose of securing tokens, chips, or other representatives of money;
4. 
Purchase from any person any such article of personal property if the purchase price is to be used for the purpose of securing tokens, chips or other representatives of money to be used in the cardroom.
K. 
Each card table shall have assigned to it a person whose duty shall be to supervise the game to see to it that it is played in accordance with the terms of this chapter and the provisions of the Penal Code of the State.
L. 
No operator, nor employee, nor any other person shall be permitted to solicit participants in any card game by any means indicating a thing of value will be received to participate in the game.
M. 
The license for the cardroom shall be prominently displayed at the card table, along with a copy of the ordinance codified in this chapter.
(Ord. 212 § 6, 1977)
Permits under this chapter may be suspended or revoked by the City Council upon conviction for a violation of any of the provisions of this chapter or when, in the opinion of the City 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.
(Ord. 212 § 7, 1977)
The Chief of Police of the City shall have the right to cause to revoke or suspend any cardroom license or cardroom work permit issued under this chapter and to take possession of such licenses. Grounds for revocation or suspension of a license shall include the following:
A. 
The failure of the licensee to comply with the provisions of this chapter;
B. 
The giving of false or misleading information by the licensee in making application for a licensee in connection with an investigation conducted by the City;
C. 
The conviction of the licensee of a felony, theft, or any crime in which a weapon was used, or of moral turpitude;
D. 
The keeping, permitting or maintaining, in conjunction with a licensed cardroom, of any disorderly house or place in which people abide or to which people resort, to the disturbance of the neighborhood, or in which people abide or to which people resort for purposes which are injurious to the public morals, health, or safety, including, but not limited to, activities such as prostitution, soliciting for prostitution, the selling or exchanging of stolen property, and the unlawful selling, furnishing, or using of narcotics and dangerous drugs;
E. 
Any cause for denying an original license application as set forth in this chapter.
(Ord. 212 § 8, 1977)
The action of the Chief of Police in revoking or suspending a license shall be subject to an appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within 10 days after the revocation or suspension of the license. Upon failure to file such notice within the 10-day period, the action of the Chief of Police shall be final and conclusive.
(Ord. 212 § 8, 1977)
The City Council declares that it is not the intention of this chapter 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.
(Ord. 212 § 13, 1977)
A. 
The provisions of this chapter shall not apply to the cardrooms of recognized fraternal organizations operating under the charter from the head of such organizations, not open to the general public and whose membership is restricted to those persons regularly and formally elected to membership therein and paying regular dues to such organization, but such exceptions shall not extend to any organization operated and maintained principally for the purpose of conducting or permitting the conduct of card games.
B. 
The provisions of this chapter shall not apply to any occasional card game sponsored by any fraternal, religious or social group in an establishment which is not primarily used by the public for the playing of cards; no such license for such establishment shall be issued by the City Clerk unless and until the applicant therefor has a valid permit in effect covering the specific location in question.
(Ord. 212 § 5, 1977)