means any space, room or enclosure, furnished or equipped
with a table used or intended to be used as a card table for the lawful
playing of cards and similar games, and the use of which is available
to the public or to any portion thereof.
means any dealer, overseer or other person directly connected
with the operation and supervision of card tables, excluding waitresses,
bartenders, culinary workers and others not connected with such operation
and supervision.
means all persons who share in the income of the business
on the basis of gross or net revenue.
(Ord. 583, 1982)
A.
It is
unlawful for any person to engage in, carry on, maintain or conduct,
or to cause to be engaged in, carried on, maintained or conducted,
any cardroom in the city without first obtaining a license from the
city to do so in accordance with the provisions of these regulations.
B.
Any
nonprofit society, club, fraternal, labor or other organization having
adopted by-laws, duly elected directors and members which have card
tables for the exclusive use of its members, and where no charge is
made for any of the facilities, shall be exempt from the provisions
of the license fee requirement contained in these regulations.
(Ord. 583, 1982)
A.
Application
for a cardroom license shall be made to the director of finance on
the appropriate application form, and shall be accompanied by the
following information:
B.
Such
application shall be certified as to its correctness by the applicant
under penalty of perjury.
(Ord. 583, 1982)
The application for a cardroom license shall deposit the license
fee with the application. If the application is granted, the entire
fee shall be retained by the city. If the application is denied, the
city shall retain an amount necessary to cover administrative costs
associated with the processing of the application, the balance to
be refunded to the applicant. Both the amount of the license fee and
the amount to be retained by the city in the event of denial of the
application shall be established by city council resolution, and will
be subject to review each year during the annual budget process.
(Ord. 583, 1982)
A license for the operation of a cardroom shall be valid until
the end of the calendar year in which such license is issued, unless
revoked or suspended prior thereto as provided herein, and must be
renewed on January 1st of each year.
(Ord. 583, 1982)
Each applicant for a cardroom license shall meet the following
minimum qualifications:
A.
Be eighteen
years of age or older;
B.
Shall
not have been convicted of any illegal gambling or narcotics violation,
or of any felony involving theft.
(Ord. 583, 1982)
Each application for a cardroom license shall be referred by
the director of finance to the chief of police for investigation,
report of findings, and recommendations. If the recommendation is
for disapproval, then the chief of police shall state the reasons
therefor, and in such event the director of finance shall notify the
applicant of the disapproval of the application and furnish the reasons
therefor.
(Ord. 583, 1982)
A.
No person
shall be granted more than one license to conduct a cardroom.
B.
No license
shall be transferable or assignable.
C.
The
city council may, by resolution, and after a public hearing, limit
the number of card-room licenses issued by the city if it determines
that such limitation is in the best public interest.
D.
Cardrooms
may only be established in those areas of the city wherein the zoning
designation permits such establishments.
(Ord. 583, 1982)
A.
Cardroom
employees as defined herein shall obtain a work permit in accordance
with the provisions of these regulations.
B.
Applications
for a work permit shall be made to the chief of police upon such form
as he or she may prescribe and shall include such information as the
chief of police deems necessary. Such application shall be certified
as to its correctness by the applicant under penalty of perjury.
(Ord. 583, 1982)
The applicant for a work permit shall submit, along with the
application, a nonrefundable fee in an amount determined by resolution
of the city council.
(Ord. 583, 1982)
Each applicant for a work permit shall meet the following minimum
qualifications:
A.
Be eighteen
years or older; except where impacted by ABC regulations;
B.
Shall
not have been convicted of any illegal gambling or narcotics violation,
or any felony involving theft.
(Ord. 583, 1982)
Each application for an employee work permit shall be subject
to an investigation, report of findings and recommendation by the
chief of police. If the recommendation by the chief of police is for
denial of the work permit, then the applicant shall be informed in
writing and the reason for the denial stated therein.
(Ord. 583, 1982)
Each employee work permit shall be valid until the end of the
calendar year in which such permit is issued, unless revoked or suspended
prior thereto as provided herein, and must be renewed on January 1st
of each year.
(Ord. 583, 1982)
The chief of police and/or code enforcement officer of the city
may take whatever action they deem necessary in the event of a violation
of any of the provisions of these regulations, or upon receipt of
a citizen complaint; however, notice of any violation shall be given
to the owner(s) and/or employees of the cardroom to enable them to
correct such violation. If, within a period of thirty days from the
date of notice of the violation, no corrective measures have been
taken, then the director of finance and/or chief of police shall revoke
or deny the cardroom license and/or work permit.
(Ord. 583, 1982)
Any person aggrieved by any decision or determination made pursuant to the provisions of these regulations shall appeal to the city council in accordance with the provisions of Section 5.12.060 of this code or to the city's planning commission regarding zoning matters.
(Ord. 583, 1982)
It is unlawful to operate a cardroom in violation of any of
the following rules and regulations:
A.
Location.
Not more than one cardroom shall be located at any one address and
shall conform with all applicable zoning regulations.
B.
Minors.
No person under the age of eighteen years shall be permitted at any
card table, nor shall participate in any game played thereat.
C.
Police
Inspection. All cardrooms shall be open to police inspection during
all hours of operation, or at any other time which, in the judgment
of the chief of police, is necessary to inspect for violation of these
regulations or for illegal methods of playing.
D.
Doors
to be Unlocked. During the hours of operation, doors shall be unlocked
and accessible to the general public.
E.
Windows.
Where windows are present in a cardroom, such windows shall be clear
and not blacked out or covered completely.
F.
Exhibition
of Permits. Operators and employees shall present their licenses and/or
permits on demand of any law enforcement officer or code enforcement
official.
G.
Employees.
The operators of the cardroom shall supply the chief of police with
a list of the names and addresses of all employees of the cardroom.
H.
Number
of Tables. The operators of the cardroom shall not permit the operation
of more card tables than those for which such operators have been
licensed.
I.
Signs.
There shall be posted in the card table area, in letters plainly visible,
signs stating that no games except low-ball, draw poker (without variations
as defined by Hoyle), pinochle and pangini, shall be played in the
cardroom. These signs shall also contain such other information relating
to these regulations contained herein as the chief of police may require.
(Ord. 583, 1982)
The city council declares that it is not the intention of these
regulations to permit the licensing of any cardroom for the playing
of any game prohibited by the laws of the state of California, including
but not limited to those games enumerated in Section 330 of the Penal
Code.
(Ord. 583, 1982)
Before it shall be allowed to operate, each cardroom shall adopt
a schedule of the hours of operation, after the schedule has been
approved by the director of finance. Such approved schedule of hours
shall be clearly posted at the cardroom so as to give law enforcement
and patrons adequate notice of the hours of operation. Unless otherwise
restricted, a cardroom may be allowed to operator twenty-four hours
each day.
(Ord. 680 § 5, 1999)
Each cardroom licensee shall be responsible and liable for its
patrons' safety and security in and around the cardroom. Before it
shall be allowed to operate, each cardroom shall adopt a plan to provide
for the safety and security of patrons, after the plan has been approved
by the director of finance.
(Ord. 680 § 5, 1999)
No cardroom may be located in any zone which has not been specifically
approved for such a business and none may be located near any of the
unsuitable areas, as specified in Business and Professions Code Section
19852(a)(3).
(Ord. 680 § 5, 1999)
Before it shall be allowed to operate, each cardroom shall adopt
rules for wagering limits in each game, after the rules have been
approved by the director of finance. During hours of operation, such
rules shall be clearly posted at the gambling tables where the games
are offered, to provide patrons adequate notice of those rules.
(Ord. 680 § 5, 1999)
No more than four gambling tables shall be allowed to operate
in this jurisdiction, and no more than two gambling tables shall be
allowed to operate in any cardroom.
(Ord. 680 § 5, 1999)
Each applicant for a work permit shall submit fingerprints for
identification and be subject to a background investigation sufficient
to determine if said applicant would be disqualified by state law.
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 the Business
and Professions Code Section 19850A as may be from time to time amended.
Any application for a work permit shall be subject to objection by
the state division. 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.)
(Ord. 680 § 5, 1999)
