This chapter is adopted for the purpose of regulating the business of card rooms (gaming clubs) as hereinafter defined. In adopting this chapter, the city council recognizes that there is currently no zone district in the city in which card rooms are a permitted use or a use permitted subject to obtaining a use permit. Further, state law currently in existence mandates that no gaming club shall be located within the territorial limits of any city which had not permitted gaming clubs prior to January 1, 1984, unless a majority of electors voting thereon affirmatively approve a measure permitting legal gambling within that city. Therefore, no gaming clubs may be established or located in South San Francisco without a vote of the people as set forth in this section. Nevertheless, two gaming clubs are currently in existence in South San Francisco as preexisting lawful nonconforming use. It is the intent of the city council that this chapter shall apply to and regulate the existing card room and any others that might hereafter be established in compliance with the Gambling Control Act and as a result of the approval of legal gambling by the electors of this city.
(Ord. 974 § 1, 1985; Ord. 1252 §1, 1999)
“Card game”
means any game played with cards for money or other thing of value or for checks or credit including, but not limited to, draw poker, low-ball poker, and panguingue (pan), but excepting bridge and whist, and further excepting any card game the playing of which is forbidden by the laws of the state of California.
“Card room”
means any building or structure, or any portion of a building or structure or any premises or place, wherein, in return for any fee, charge, thing of value or other compensation, any person or persons is or are permitted to play a card or card games. The term “Card Room” is synonymous with the term “Gaming Club” as used in The Gaming Registration Act (commencing at Section 19800 of the Business and Professions Code).
“Card room operator” or “operator”
means any person as defined herein who owns, operates, manages, or is otherwise financially interested in a card room as defined above.
“Card table”
means any table upon which any card game is played.
“Chief of police”
means the chief of police of the city of South San Francisco.
“City”
means the city of South San Francisco, a municipal corporation.
“Employee”
means dealers, overseers and others directly connected with the operation and supervision of the activities taking place at the card tables and excludes waitresses, bartenders, culinary workers and others not connected with such operation or supervision.
“Person”
means any natural person or group of persons, partnership, corporation or other entity, or the manager, lessee, agent, servant, officer or employees of any of them.
“Table stake”
means a stake a player lays on the table at the start of the poker hand as the maximum amount he may wager during that hand, and that may not be changed after the hand begins.
“Table stakes”
means poker in which the maximum betting limit for a player in any single hand is the amount remaining in his table stake, except that no single bet may exceed the betting limit set forth in Section 6.36.100.
For the purpose of this chapter, “shall” is mandatory and “may” is permissive; the singular of any noun or pronoun includes the plural, and the masculine includes the feminine.
(Ord. 974 § 1, 1985)
It is unlawful for any operator or employee of a card room to be physically present at any time upon the premises of a card room without displaying an identification card issued by the chief of police, which identification card identifies said operator or employee with said card room. The identification card must be prominently displayed on the outermost garment at approximately chest height, and such identification card shall at all times be readable, legible and in good condition. No employee shall be allowed by an operator to commence work or to remain on the premises of a card room who does not possess and display an identification card issued by the chief of police.
(Ord. 974 § 1, 1985)
Applications for identification cards shall be submitted under oath to the police department on a form supplied for that purpose and shall contain the following information:
(a) 
The name and address of the applicant;
(b) 
A completed physical description of the applicant, including, height, weight, color hair, color eyes and any distinguishing marks or other physical characteristics;
(c) 
The past criminal record, if any, of the applicant;
(d) 
A recent, full face, color photograph of the applicant in standard U.S. Passport size;
(e) 
The fingerprints of the applicant, which shall be taken by a member of the South San Francisco police department;
(f) 
A receipt from the director of finance which verifies that the applicant has paid a nonrefundable processing fee in an amount as set forth in the master fee schedule of the city of South San Francisco, adopted by resolution of the city council; and
(g) 
Written approval of the application by the operator of the card room for which the identification card is requested.
(Ord. 974 § 1, 1985)
(a) 
Upon receipt of an application for an identification card, the chief of police shall cause such application to be reviewed to determine whether or not it is complete. If the application does not contain all of the required information, it shall be returned to the applicant for completion.
(b) 
When an application has been submitted and is determined to be complete, the chief of police shall cause an investigation to be made into the background of the applicant and shall retain a written report of the results of that investigation.
(c) 
The chief of police shall either grant or deny the application for an identification card within thirty days after such application is accepted by him as complete.
(d) 
The chief of police shall deny the application for an identification card if:
(1) 
The applicant has previously been convicted of a felony or of any of the following offenses:
(A) 
Any offense involving gambling as specified in Sections 319 through 337.9 of the Penal Code; or
(B) 
Any felony offense involving the sale of controlled substance(s) specified in Sections 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code, Sections 266(i), 315, 316, 318 or subdivision (b) of Section 647 of the Penal Code; or
(C) 
Any offense committed in another state which, if committed in this state, would have been punishable as one or more of the offenses listed in subdivisions (A) through (C) above; or
(D) 
Any offense involving the use of force or violence upon the person of another; or
(E) 
Any offense involving theft, embezzlement or moral turpitude; or
(F) 
Any violation of a statute, ordinance or regulation pertaining to the operation of “gaming clubs,” “cardrooms” or similar establishments which would manifest an inability to properly perform the duties of the position for which an identification card is requested.
(2) 
That the chief of police, based upon the investigation into the background of the applicant, determines that the applicant is of poor moral character and is not likely to carry on in a lawful manner the activities for which an identification card is requested.
(3) 
That the applicant has made false statement in his application which he knew or should have known to be false.
(4) 
The chief of police shall provide the applicant with written notice of his decision within the time specified in subdivision (c) above by placing same in the U.S. Mail, certified, return receipt requested, postage prepaid.
(e) 
The California Division of Gambling Control shall have the authority to object to the issuance of any work permit.
(Ord. 974 § 1, 1985; Ord. 1252 pg. 2; Ord. 1252 § 2, 1999)
It shall be unlawful to operate a card room in violation of any of the following rules and regulations:
(a) 
No games except five card draw poker (including low ball), Texas hold’em, double poker or any other any poker game approved by the Attorney General and included on the approved card room game list on file in the police department, and panguingue (pan) shall be played in any card room.
(b) 
No card room shall contain more tables for the playing of cards than the number for which a business license fee has been paid for the current calendar year; but, in no case shall any establishment contain more than ten tables.
(c) 
Not more than eight players at a time shall be permitted at any one card table.
(d) 
No card room may be located at a site other than where gaming establishments are currently located without approval of the city council. Card rooms shall be located on the ground floor, and no card games shall be played or permitted to be played at any other location within or upon the premises.
(e) 
All card rooms shall be closed at 2:00 A.M. and shall remain closed until 8:00 A.M. of each day.
(f) 
All card rooms shall be open to police inspection during all hours of operation.
(g) 
Each card table shall have assigned to it a person whose duty it shall be to supervise the game and to insure that said game is played strictly in accordance with the terms of this chapter and with the provisions of the Penal Code of the state of California. Said person may supervise more than one table.
(h) 
No person who is in a state of intoxication shall be permitted in any card room.
(i) 
Each card room operator shall file with the chief of police a current list of the rates charged. No changes in rates shall be made without first filing such new rates with the chief of police. No card room operator shall charge any rates other than those shown as posted and as filed with the chief of police.
(j) 
The card room operator shall not permit, cause, create, conduct or allow to be maintained a public nuisance of any kind upon or about the premises on which a card room is operated.
(k) 
During hours of operation, doors must be unlocked and the premises accessible to the general public.
(l) 
Card room activity shall be physically separated from other activities on the premises.
(m) 
Only table stakes poker shall be permitted.
(n) 
There shall be posted in every card room in letters plainly visible from all parts thereof, signs stating only that the games permitted in subsection (a) of this section are permitted to be played and stating the charge per hour exacted from each player for the privilege of playing.
(o) 
Card rooms shall make available on the premises, literature published by Gamblers Anonymous in an easily visible and accessible location in the card room area.
(p) 
House table rules and table betting limits shall be clearly posted.
(q) 
The card room operator shall ensure the security and safety of its patrons and the general public in and around the establishment.
(Ord. 974 § 1, 1985; Ord. 1048 § 1, 1989; Ord. 1252 §§ 3—5, 1999)
(a) 
Neither an operator nor any employee of a card room shall permit any person under the age of twenty-one years of age to participate in any card game or to be present upon the premises upon which a card is operated.
(b) 
No person under the age of twenty-one years of age shall enter within, or be presented within, the premises upon which a card room is operated; nor shall such person participate in any card games played on the premises.
(Ord. 974 § 1, 1985)
(a) 
Use of money on a card table shall not be permitted.
(b) 
No card room operator or employee shall allow or permit money to be used as an ante or bet in any card game, nor shall they allow money to be placed upon a card table within a card room. Anteing or betting shall be done by using tokens, chips or other representatives of money.
(c) 
No card room operator or employee shall give, or permit to be given, to any person, any tokens, chips or other representatives of money identical to those used in card games within said card room, unless such person be charged for and pays in cash money the face value of all such tokens, chips or other representatives of money.
(Ord. 974 § 1, 1985)
No operator or employee shall offer or give, or permit to be offered or given, any bonuses, alcoholic beverages or other gifts or incentives to persons engaged in card playing on the premises, except that the house may waive the charge per hour exacted from each player for the privilege of playing.
(Ord. 974 § 1, 1985; Ord. 1048 § 2, 1989)
No card room operator or employee shall permit, nor shall any person make, any single bet in excess of two hundred dollars in any card game.
(Ord. 974 § 1, 1985; Ord. 1048 § 3, 1989)
No card room operator or employee shall act as dealer in any card game unless he is properly identified in compliance with Section 6.36.030.
(Ord. 974 § 1, 1985)
(a) 
No card room operator or employee shall loan money or permit money to be loaned, with or without security, to any person as a stake in any card game, or for any other reason on the premises upon which a card room is operated.
(b) 
No card room operator or employee shall purchase or permit the sale of any property, real or personal, on the premises upon which a card room is operated.
(Ord. 974 § 1, 1985)
It shall be unlawful for any card room operator to employ a person to act in the capacity of a shill or dummy, and it shall be unlawful for any person to act in the capacity of a shill or dummy. As used in this Section, the term “shill” means an accomplice of a gambler who participates in a card game, and the term “dummy” means one who plays in a card game acting for a Card Room Operator or Employee while ostensibly acting for himself.
(Ord. 974 § 1, 1985)
It is not the intent of this Chapter to permit the operation of a card room for the playing of any game prohibited by the State of California, including but not limited to, those games enumerated in Section 330 of the Penal Code, which section includes banking and percentage games. The playing of any such games is hereby expressly prohibited.
(Ord. 974 § 1, 1985)
If the Chief of Police determines that a Card Room Operator has failed to comply with the provisions of this Chapter or applicable provisions of state or federal law, he may suspend or revoke the Business License of such Card Room.
(Ord. 974 § 1, 1985)
If the Chief of Police determines that a Card Room Operator or employee has failed to comply with the provisions of this Chapter or applicable provisions of state or federal law, he may suspend or revoke the Identification Card of such operator or employee.
(Ord. 974 § 1, 1985)
(a) 
If an identification card or business license is denied, suspended or revoked by the Chief of Police, the applicant for or persons holding such identification card or business license may appeal the decision to the City Manager by filing a written notice of appeal in the City Manager’s Office within 10 days after the action is taken by the Chief of Police.
(b) 
Upon receipt of said written notice of appeal, the City Manager shall set a date for hearing said appeal, which date shall be within 20 days after receipt of appellant’s notice of appeal. The City Manager or his designee shall conduct the hearing on the appeal. Written notice of the time and place of the hearing shall be given to the appellant at least 10 days prior to said hearing by placing same in the U.S. Mail, postage prepaid, certified, return receipt requested.
(c) 
Hearings on appeals from denial of applications for identification cards shall be conducted informally and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant information shall be considered if it is the sort of information on which responsible persons are accustomed to rely in the conduct of serious affairs.
(d) 
Hearings on appeals from suspension or revocation of identification cards or business licenses shall be conducted in accordance with the guidelines set forth in subsection (c) above, except that sworn testimony shall be taken and a transcript made of the proceedings.
(e) 
The City Manager shall render his decision within 30 days after the close of the hearing. The City Manager’s decision shall be final and no appeal may be taken to the City Council.
(Ord. 974 § 1, 1985)
Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Chapter 1.24 of this Code.
(Ord. 974 § 1, 1985)
Any card room operated or maintained in violation of the provisions of this Chapter is declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal of said card room operation in the manner prescribed by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such card room operation from the City.
(Ord. 974 § 1, 1985)