For the purposes of this chapter:
means to deal, operate, carry on, conduct, maintain or expose
for play any controlled game.
means a game as defined by Penal Code Section 337j subdivision
(e).
means any natural person employed in the operation of a gambling
enterprise, including, without limitation, dealers, floor personnel,
security employees, courtroom personnel, cage personnel, collection
personnel, surveillance personnel, data-processing personnel, appropriate
maintenance personnel, waiters and waitresses, and secretaries, or
any other natural person whose employment duties require or authorize
access to restricted gambling establishment areas.
which includes card rooms, means one or more rooms where
there is conducted any controlled gambling or activity directly related
thereto.
(Prior code § 6-1; Ord. 1272 § 1, 2004; Ord. 1396 § 2, 2008; Ord. O2019-05 § 1)
No person, for him or herself, or for any other person shall
engage in or carry on, or maintain, or conduct, any card room without
first having secured a license so to do, according to the requirements
of this chapter or without complying with every regulation contained
in this chapter pertaining to such card room.
(Prior code § 6-2; Ord. O2019-05 § 1)
An applicant for a card room license shall submit his or her
application to the police chief which application shall be under oath,
and shall include, among other things, the true names and addresses
of all persons financially interested in the business. "Persons financially
interested" includes all persons who share in the profits of the business,
on the basis of gross or net revenue. The past criminal record, if
any, of the applicant and of all persons financially interested in
the business shall be shown on such application. The application shall
also be accompanied by fingerprints of the applicant and of persons
financially interested in the business. Fingerprints are only required
of each applicant upon initial application and not each subsequent
application.
(Prior code § 6-3; Ord. O2019-05 § 1)
The police chief shall deny any applicant for a card room license,
a license to operate such card room under any of the following circumstances:
A.
The
applicant is under twenty-one years of age;
B.
Conviction
of the applicant for any crime punishable as a felony;
C.
Conviction
of the applicant for any dangerous drug, controlled substance or narcotics
violation;
D.
Conviction
of the applicant for any misdemeanor involving dishonesty or moral
turpitude within the ten-year period immediately preceding the submission
of the application, unless the applicant has been granted relief pursuant
to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code;
E.
Association
of the applicant with criminal profiteering activity or organized
crime, as defined by Section 186.2 of the Penal Code;
F.
Contumacious
defiance by the applicant of any legislative investigatory body or
other official investigatory body of any state or of the United States,
when that body is engaged in the investigation of crimes relating
to gambling; official corruption related to gambling activities; or
criminal profiteering activity or organized crime, as defined by Section
186.2 of the Penal Code;
G.
Failure
of the applicant to provide information, documentation and assurances
required by this chapter or requested by the police chief, or failure
of the applicant to reveal any fact material to qualification, or
the supplying of information that is untrue or misleading as to a
material fact pertaining to the qualification criteria.
(Prior code § 6-5; Ord. 1087 § 6, 1998; Ord. 1272 § 2, 2004; Ord. O2019-05 § 1)
No card room license shall be assignable or transferable. Upon a card room being sold the new or additional owners shall be licensed in accordance with Section 5.24.020 of this chapter.
(Prior code § 6-6; Ord. O2019-05 § 1)
The licenses and permits required by this chapter shall be in
addition to any licenses or permits required by this title.
(Prior code § 6-6; Ord. O2019-05 § 1)
A.
Gambling
enterprise employees shall obtain a work permit from the police chief.
Application for such work permits shall be submitted under oath and
contain the past criminal record, if any, of the applicant and such
information as may be deemed by the police chief necessary to determine
whether the applicant is a proper person to be issued a card room
work permit. The application shall also be accompanied by fingerprints
of the applicant. A work permit shall be issued only to citizens of
the United States or legal residents of the United States. The police
chief shall deny to such applicants a work permit under any of the
following circumstances:
1.
The
applicant is under twenty-one years of age.
2.
Conviction
of the applicant for any crime punishable as a felony.
3.
Conviction
of the applicant for any dangerous drug, controlled substance or narcotics
violation.
4.
Conviction
of the applicant for any misdemeanor involving dishonesty or moral
turpitude within the ten-year period immediately preceding the submission
of the application, unless the applicant has been granted relief pursuant
to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code.
5.
Association
of the applicant with criminal profiteering activity or organized
crime, as defined by Section 186.2 of the Penal Code.
6.
Contumacious
defiance by the applicant of any legislative investigatory body or
other official investigatory body of any state or of the United States,
when that body is engaged in the investigation of crimes relating
to gambling; official corruption related to gambling activities; or
criminal profiteering activity or organized crime, as defined by Section
186.2 of the Penal Code.
7.
Failure
of the applicant to provide information, documentation and assurances
required by this chapter or requested by the police chief, or failure
of the applicant to reveal any fact material to qualification, or
the supplying of information that is untrue or misleading as to a
material fact pertaining to the qualification criteria.
B.
Each
application for a work permit shall be accompanied by a fee established
from time to time by resolution of the city council. The fee shall
not be returned in the event the work permit is refused, revoked or
suspended. Only one such work permit shall be required each year even
though the holder of the work permit may change their place of employment
within the city.
C.
The
action of the police chief in denying such a work permit on the basis
of the applicant not being a person of good moral character shall
be subject to an appeal to the city manager. Notice of such appeal
shall be filed with the city clerk within ten days after the denial
of the work permit. Upon failure to file such notice within the ten-day
period, the action of the police chief in denying such work permit
shall be final and conclusive. The decision of the city manager shall
be final.
(Prior code § 6-8; Ord. 844 § 1, 1989; Ord.
1081 § 1, 1998; Ord. 1087 § 7, 1998; Ord. 1272 § 2, 2004; Ord. 1396 § 4, 2008; Ord. 1454 § 1, 2010; Ord. O2019-05 § 1)
The police chief shall have the right for cause to revoke or
suspend any card room license or card room work permit issued pursuant
to this chapter and to take possession of such permits. Any of the
grounds upon which the police chief shall be required to refuse to
issue an initial card room license or card room work permit shall
also constitute grounds for such revocation or suspension. In addition
the failure of a holder of a card room license or card room work permit
to comply with the provisions of this chapter shall also constitute
grounds for revocation or suspension of such license or work permit.
The action of the police chief in this respect shall be subject to
an appeal to the city manager. The decision of the city manager in
such appeals shall be final. Notice of such appeal shall be filed
with the city clerk within ten days after the revocation or suspension.
Upon failure to file such notice within the ten-day period, the action
of the police chief in revoking or suspending the license or work
permit shall be final and conclusive.
(Prior code § 6-9; Ord. 1454 § 1, 2010; Ord. O2019-05 § 1)
It is unlawful to operate a card room in violation of any of
the following regulations and rules:
A.
Not
more than one card room shall be located at any one address.
B.
No game
of faro, monte, roulette, lansquenet, rouge et noire, rondo, tan,
fan-tan, stud-horse poker, seven-and-a-half, twenty-one, hokey-pokey
or any banking or percentage game played with cards, dice or any device,
for money, checks, credit or other representatives of value shall
be played in any card room. Every person who violates this subsection
is guilty of a misdemeanor.
C.
Not
more than thirteen tables shall be permitted in any card room.
D.
No more
than ten players shall be permitted at any one card table.
E.
Card
rooms shall be located on the ground floor, and so arranged that card
tables and the players at the tables shall be plainly visible from
inside the front of the card room. No wall, partition, screen, or
similar structure between the front door opening on the street and
any card table located in the card room shall be permitted if it interferes
with visibility.
F.
No person
under the age of twenty-one years shall play, be allowed to play,
place wagers at or collect winnings, whether personally or through
an agent, from any card or other gambling game.
No person under the age of twenty-one years shall loiter or
be permitted to loiter in or about any room wherein any card or gambling
game is operated or conducted.
G.
All
card rooms may be open twenty-four hours per day and seven days per
week.
H.
All
card rooms shall be open to police inspection during all hours of
operation.
I.
There
shall be no wagering limit.
J.
The
cashing of checks drawn against any federal, state or county fund,
including but not limited to social security, unemployment insurance,
disability payments or public assistance is prohibited. However, cashing
any payroll checks or checks for the delivery of goods or services
that are drawn against federal, state or county fund is permitted.
K.
Each
card table shall have assigned to it a person whose duty shall be
to supervise the game and to see to it that it is played strictly
in accordance with the terms of this chapter, and with the provisions
of the Penal Code of the state. This person may have more than one
table under this supervision. He or she shall not, however, participate
in the game.
L.
No signs
or other insignia advertising or relative to card rooms shall be permitted
upon the exterior of any premises occupied as a card room.
M.
No person
who is in an obvious state of intoxication, is unable to care for
themselves or a nuisance to others, shall be permitted in any card
room.
N.
The
total number of card tables authorized to be operated within the city
of Manteca shall be thirteen. No additional card tables shall be allowed
for tournaments or other special events.
O.
No alcoholic
beverage as defined by the Business and Professionals Code shall be
kept or stored, between the hours of two a.m., and six a.m., within
any area where gambling is permitted.
(Prior code § 6-10; Ord. 844 § 24, 1989; Ord. 1087 § 4, 1998; Ord. 1272 §§ 5, 6, 2004; Ord. 1353 §§ 1, 2, 2007; Ord. 1396 §§ 1, 3, 2008; Ord. 1499 § 1, 2011; Ord. 1570 §§ 1, 2, 2015; Ord. O2019-05 § 1)
The holders of licenses granted under this chapter shall assure
and be liable, without limitation, for the safety and security of
their patrons while such patrons are in their respective card room
facilities.
(Ord. 1087 § 1, 1998; Ord. O2019-05 § 1)
No license to operate a card room shall be issued unless the
card room establishment is located in an area permitted under Title
17 of this code.
(Ord. 1087 § 2, 1998; Ord. O2019-05 § 1)
The type and limits of wagering of every game that is in progress
must be prominently displayed on at least one sign with letters at
least one inch high. Further each table where a game is being conducted
shall display a similar sign with letters at least one-half inch in
height.
(Ord. 1087 § 3, 1998; Ord. 1353 § 3, 2007; Ord. O2019-05 § 1)
Prior to the issuance of any license or work permit under this
chapter, the police chief shall submit to the State Department of
Justice, Division of Gambling Control all applications for their review.
No license or permit shall issue if the Division of Gambling Control
objects.
(Ord. 1087 § 5, 1998; Ord. O2019-05 § 1)
