Chapter 5.08 - CARD ROOMS#

5.08.010 - Card room defined.#

For the purpose of this chapter, a "card room" is defined to be any space, room or enclosure which:

1. Is furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games;

2. Returns to the owner or operator any remuneration for card games played therein; and

3. Is available to the public, or any portion of the public; provided, however, that this section shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization as defined in Section 5.08.120.

(Ord. 202B §2, 1963)

5.08.020 - License—Required.#

It is unlawful for any person, for himself, or for any other person, firm or corporation, to carry on or engage in, or to maintain, or to conduct, or cause to be engaged in, carried on, maintained or conducted, any card room in the city without having secured a license from the city to do so, in accordance with every requirement of this chapter, or without complying with each and every regulation contained in this chapter pertaining to such card room.

(Ord. 202B §1, 1963)

5.08.030 - License—Application.#

An applicant for a card room license shall submit his application to the chief of police. Such application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The term, "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, and a physical description of the applicant and of persons financially interested in the business.

(Ord. 202B §3(part), 1963)

5.08.040 - License—Fee.#

A license fee per card table, to be established by resolution of the city council, is established, which fee shall cover the period between July 1 and June 30 of each fiscal year. The fee shall not be returned in the event the license is suspended or revoked. A license fee shall not be prorated in the event application is made for a license to cover an unexpired portion of a fiscal year.

(Ord. 412B §10(1)(part), 1982; Ord. 202B §8, 1963)

5.08.050 - License—Denial.#

(a) The chief of police shall deny an applicant a card room license if:

(1) The applicant has previously been convicted of any narcotics violation, a felony involving theft or any crime involving moral turpitude within the past ten years; or

(2) The applicant is not, in the opinion of the chief of police, a person of good moral character.

(b) The action of the chief of police in denying a card room license on the basis of the applicant not being a person of good moral character is subject to an appeal to the city council. Notice of such an appeal shall be filed with the city clerk within ten days after the denial of the license. Upon failure to file such notice within the ten-day period, the action of the chief of police in denying such license shall be final and conclusive.

(Ord. 202B §3(part), 1963)

5.08.060 - Employee work permits—Required—Application.#

(a) Card room employees must obtain a work permit from the chief of police.

"Card room employees," for the purpose of this chapter, are defined as dealers, overseers and others directly connected with such operation and supervision.

(b) Applications 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 chief of police to be 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 the fingerprints and physical description of the applicant.

(Ord. 202B §4(part), 1963)

5.08.070 - Employee work permits—Fee—Term—Emergency permit.#

(a) Each application for a work permit shall be accompanied by a fee established by resolution of the city council and shall be valid for a period of one year. The fee shall not be returned in the event that the work permit is refused, revoked or suspended as provided in this chapter. Only one such work permit is required each year, even though the holder of the work permit may change his place of employment within the city.

(b) An emergency permit may be issued by the chief of police for a period of 24 hours.

(Ord. 412B §10(1)(part), 1982; Ord. 202B §4(part), 1963)

5.08.080 - Employee work permits—Denial.#

(a) The chief of police shall deny an applicant a work permit if:

(1) The applicant has previously been convicted of any narcotics violation, a felony involving theft or any crime involving moral turpitude within the past ten years; or

(2) The applicant is not, in the opinion of the chief of police, a person of good moral character.

(b) The action of the chief of police in denying such a work permit on the basis of the applicant not being a person of good moral character is subject to an appeal to the city council. 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 chief of police in denying such work permit shall be final and conclusive.

(Ord. 202B §4(part), 1963)

5.08.090 - Suspension and revocation.#

(a) The chief of police shall have the right, for cause, to revoke or suspend any card room work permit issued under this chapter and to take possession of such permits. Any of the grounds upon which the chief of police is required to refuse to issue an initial card room license or card room work permit also constitutes grounds for suspension or revocation. 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.

(b) The action of the chief of police with respect to revocation or suspension as provided for in subsection A of this section is subject to an appeal to the city council. 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 chief of police in revoking or suspending the license or work permit shall be final and conclusive.

(Ord. 202B §5, 1963)

5.08.100 - Nontransferability.#

No card room license is assignable or transferable.§

(Ord. 202B §6, 1963)

5.08.110 - Card room regulations.#

It is unlawful to operate a card room in violation of any of the following regulations and rules:

1. Not more than one card room shall be located at any one address, and not more than three card table in any one card room.

2. Card rooms shall be located and so arranged that card tables and the players are plainly visible from the card room door opening. No wall, partition, screen or similar structure between the card room door opening and any card table located in the card room shall be permitted if it interferes with such visibility.

3. No minor shall be allowed in card rooms during operating hours.§

4. Card rooms may be open seven days a week but shall be closed between the hours of 2:00 a.m. and 6:00 a.m. of each day.

5. All card rooms shall be open to police inspection at all times.§

6. During hours of operation, doors must be unlocked and accessible to the general public.§

7. Operators and employees are required to exhibit their permits on demand of any law enforcement officer.§

(Ord. 202B §7, 1963)

5.08.120 - Clubs exempted.#

A nonprofit society, club, fraternal, labor or other organization, having adopted bylaws and duly elected directors and members, may be granted a permit without fee by the chief of police, when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other organization, and no charge is made for any of the facilities.

(Ord. 202B §9, 1963)

5.08.130 - State laws unimpaired.#

The city council declares that it is not the intention of this chapter to permit the licensing of any card room 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 of California, which section includes banking and percentage games.

(Ord. 202B §10, 1963)

5.08.140 - Violation—Misdemeanor.#

Any person, society, club or organization violating any of the terms, requirements, regulations or provisions of this chapter is guilty of a misdemeanor.

(Ord. 202B §11, 1963)