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)
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.
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).
means any person as defined herein who owns, operates, manages,
or is otherwise financially interested in a card room as defined above.
means any table upon which any card game is played.
means the chief of police of the city of South San Francisco.
means the city of South San Francisco, a municipal corporation.
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.
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.
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.
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.
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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.
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(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)
Upon making a determination as set forth in Sections 6.36.180 or 6.36.190, the Chief of Police shall give the Card Room Operator or employee (as appropriate) ten days’ written notice of his intention to suspend or revoke the Business License or Identification Card.
(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)
The remedies provided for herein shall be cumulative and not
exclusive.
(Ord. 974 § 1, 1985)
