CHAPTER 5.
CARD ROOMS*
* Former Chapter 5, “Card Rooms,” was adopted by Ordinance No. 85-09, on July 2, 1985. Since then, changes have been made virtually every year. This chapter was amended in its entirety by Ord. 98-011. Ordinances or parts of ordinances formerly codified in this chapter include Ords. 85-09, 86-02, 86-012, 87-08, 88-018, 89-006, 94-002, 94-012 and 95-009
Sections:
5-5.03 Card Room License Required
5-5.04 Application for Card Room License
5-5.05 License Application Fee
5-5.06 License Application, Acceptance, Referral, Investigation and Report
5-5.08 Suspension and Revocation of Card Room License
5-5.09 Procedures for the Suspension and Revocation of Card Room Licenses and Work Permits
5-5.10 Expiration Date of Card Room Licenses
5-5.11 Renewal Procedures and Fees for Card Room Licenses
5-5.12 Card Room Licenses Non-Assignable
5-5.13 Existing Card Room Licenses Continued
5-5.15 Number of Licenses Limited
5-5.16 Designated Number of Tables
5-5.17 Commencement of Operations
5-5.19 Registration of Employees and Agents; Work Permits
5-5.20 Obligation to Inform of Certain Changes concerning Licensees and Employees
5-5.21 Card Tables Not to Exceed License Number
5-5.22 Tournaments and Special Events
5-5.23 Betting or Wagering Limits
5-5.24 Card Games Conducted Pursuant to Law
5-5.25 Permitted Games Designated
5-5.27 Licensee, Owner, Agent or Employees Not to Play Cards – Exceptions
5-5.28 Use of Shills by Card Rooms
5-5.29 Loans from Licensee; Lending Money or Things of Value
5-5.31 Operation of a Player Bank or Similar System
5-5.32 Communication within Card Rooms – When Prohibited
5-5.33 Exclusion or Ejection of Individuals from Card Rooms
5-5.34 Licensee Responsible for Violations
5-5.35 Violation of State and City Laws
5-5.36 Gamblers Anonymous Information
5-5.37 Patron Safety and Security
5-5.39 Posting Operating Regulations
5-5.40 Inspection of Card Rooms for Enforcement
5-5.41 Record System, Audits and Statements of Revenue and Taxes
5-5.01 Purpose and Intent.
The City Council determines that the public health, safety and welfare requires the establishment of regulations pursuant to, and in conformity with, the State Gaming Control Act. The City Council finds it necessary to regulate:
(a) The persons who will own, operate and be employed in card rooms;
(b) The number of card rooms in the City and the number of tables at each card room;
(c) The location and operation of card rooms in the City, including hours of operation and patron security and safety;
(d) The issuance of permits and licenses regarding card rooms, including limitations on transfer and assignment;
(e) The permissible games which may be played in the card room; and
(f) The wagering limits in the card rooms.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.02 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Applicant” shall mean a living person, corporation or partnership who applies for either:
(1) A license to establish, operate, manage or maintain a card room; or
(2) A work permit to be employed in a card room.
(b) “Application” shall mean the form submitted by the owner, operator or employee that when completed by the applicant contains information requested by the City of Emeryville upon which the City Council may base their approval or denial of such application.
(c) “Card game” shall mean any game played with cards or other devices for money, checks, credits or any other thing of value.
(d) “Card room” shall mean any building or structure, or any portion of a building or structure, or any premises or place wherein any person or persons are permitted to play a card game authorized by Section 5-5.24, in return for a fee, charge or other compensation.
(e) “Card table” shall mean any table or any other surface upon which any card game authorized by Section 5-5.24 is played.
(f) “Day” shall mean a working day during which the City’s administrative departments are open and available to the general public.
(g) “Employee” shall mean any person employed by a licensee, with or without compensation, in a card room, who participates as a dealer in a card game, is in charge of the operation and is required to supervise card tables, or is a proposition player or an agent of the licensee. Anyone who is required to enter routinely into the card playing area during the course of his/her duties is considered an employee. The term employee does not include a bartender, culinary worker or any other person not directly connected with the card room operation.
(h) “License” shall mean a license granted by the Emeryville City Council to an applicant to operate a card room in the City of Emeryville.
(i) “Licensee” shall mean any person who holds a current, valid license, issued by the City of Emeryville to operate a card room.
(j) “Owner” shall mean any person, persons, corporation or partnership, or any combination of these, that has any interest, legal or equitable, in any card room or card room license, excepting a bona fide lending institution licensed by the State of California or the federal government.
(k) “Person” shall mean and include individual, firm, association, partnership, joint venture or corporation.
(l) “Premises” shall mean any structure or portion of a structure to be licensed, or for which a license has been granted in accordance with the provisions of this section, which contains a card room.
(m) “Proposition player” shall mean an employee or other person who participates in a card game at the request, direction or demand of the licensee, his/her agents, or employees and who plays with his/her own money and is solely responsible for his/her own wins and losses.
(n) “Shill” shall mean any person who participates in a card game at the request, direction or demand of the licensee, his/her agents or employees when the licensee and/or the card room has a financial interest in such person’s wins or losses.
(o) “Tax and License Department” shall mean the Finance Department for the City of Emeryville.
(p) “Work permit” shall mean a permit granted to an employee or agent of the licensee of a card room by the Chief of Police.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.03 Card Room License Required.
No person shall establish, maintain, manage or operate any card room or permit or allow any card room to be established, maintained, managed or operated within any building or structure, or any portion of a building or structure, owned, occupied or controlled by him/her unless such card room is maintained and operated pursuant to a valid, unexpired, unsuspended and unrevoked card room license issued pursuant to the provisions of this chapter. The holder of any such license or his/her designated representatives, which representatives have been disclosed in writing to the Chief of Police, shall be required to exercise personal control and direction over the operation of the card room and shall be available at reasonable times, during regular operating hours, to the Chief of Police or a designated representative. The requirement for a card room license is in addition to any other license or permit required by the City of Emeryville Municipal Code, including but not limited to a Business Tax Certificate pursuant to Chapter 1 of Title 3 or any use permit or variance pursuant to Chapter 4 of Title 9.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.04 Application for Card Room License.
Two copies of an application for a card room license, as required by this chapter, shall be completed by the applicant and filed with the Police Department upon such form as may be furnished by that department. The Police Department shall forward one copy of the application to the Director of the Finance Department. The application shall set forth and include the following:
(a) The location of the card room for which the license is required, including a specific description of the building or structure, or portion of the building or structure, within which the card room is to be situated, and the specific portion of such building or structure for which a card room license is required. If the entire building or structure is proposed to be used as a card room, the application shall so state and shall request a license for the entire building or structure. If only a portion of the building or structure is proposed to be used as a card room, the applicant shall so state, shall describe such portion and shall request a license for only such portion. No license shall be deemed issued for any portion of any building which the application fails to state is to be used for card room purposes or for which the application fails to specifically request a license;
(b) The maximum number of card tables proposed to be maintained within the card room;
(c) The specific types of card games proposed to be played within the card room;
(d) The true and complete name and address of each owner or owners of the building or structure within which the card room is proposed to be maintained;
(e) The true and complete name and address of the person or persons to whom it is requested that a card room license be issued as follows:
(1) If the proposed licensee is an individual, the application shall set forth the name, residence and business address of the applicant,
(2) If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address, and
(3) If the proposed licensee is a partnership, the application shall set forth the full names of all partners and the firm name under which the partnership operates, together with the addresses of all partners;
(f) The true and complete names and addresses of the following:
(1) If the proposed licensee is a corporation, the names and addresses of the board of directors, the names and addresses of all of the corporate officers, and the name and addresses of each shareholder,
(2) The true names and addresses of all persons who are to be employed in the maintenance and operation of the card room, to the extent that such is known to the applicant at the time of filing of the application,
(3) The true and complete names and addresses of each lender or any other person to whom a percentage or share of the income of the card room is to be paid (other than by way of dividends as paid by a corporation to its shareholders);
(g) A set of clearly identifiable fingerprints and photographs of each person to whom a license is to be granted; or in the case of a partnership, fingerprints and photographs of all of the partners; or in the case of a corporation, fingerprints and photographs of all of the corporate officers and members of the board of directors. The fingerprints and photographs shall be in the form and manner and by an agency approved by the Chief of Police. Each person shall have paid to the Police Department the current fee set by the City of Emeryville’s Master Fee Schedule for receiving and processing fingerprints so taken;
(h) A statement as to whether or not any of the persons required to be named in the application have at any time been convicted for any crime or crimes and if so, the nature of the crime for which they were convicted, the date and jurisdiction of the conviction;
(i) A statement as to whether any permit or license previously granted to the applicant has been denied, revoked or suspended, and if so, the type of permit or license which was denied, suspended or revoked, the time of denial, revocation or suspension, the jurisdiction denying, suspending or revoking the permit or license and the reasons for such action;
(j) A statement that the applicant understands and agrees that the application shall be considered by the City Council after a full investigation and reports have been made by the Chief of Police and other City officials or their authorized representatives;
(k) A statement that the applicant understands and agrees that the card room established or maintained under any license issued pursuant to the application filed shall be established, operated, managed and maintained in full conformity with all the laws of the State of California and the applicable laws and regulations of the City of Emeryville, and that any violation of any such laws in or in connection with the card room shall render any license subject to immediate suspension or revocation;
(l) A full and complete audited financial statement of the applicant; a full and complete financial statement of each general or limited partner of the applicant; and a full and complete financial statement of each officer and/or director of the corporation or other entity; and a full and complete financial statement of all lenders, except bona fide lending institutions licensed by the State of California or the federal government, whose interest is secured by the assets of the card room;
(m) A statement that the applicant understands and agrees that City representatives, including the Chief of Police or designee or the Director of Finance or designee, shall have access to the proposed card room premises and to the business records of the applicant for the purpose of investigating compliance with the provisions of this chapter and all other applicable state and federal laws and regulations, and the applicant consents to any such search and consequential seizure;
(n) A statement that the applicant understands and consents for itself and any individuals named in the application and thereby authorizes the Emeryville Police Department to conduct background investigations and obtain criminal history information for each individual named in the application and further to include in any report to the City Manager and City Council any criminal conviction that the Chief of Police considers relevant and necessary concerning any person named in the application;
(o) A description of security measures the applicant has or will take or cause to be taken, including security personnel staffing and training, provision of security in and around off-street parking areas and whether security personnel will be armed;
(p) A statement indicating whether the applicant will operate a “player bank,” and if so, a complete description of the operating policies and procedures of such bank, as well as evidence of the surety bonds or other bonds required by Section 5-5.31 of this chapter;
(q) A statement regarding the days and hours of operation to which the licensee will adhere;
(r) The building floor plan of the premises, which shall have no hidden rooms or areas for gaming operations and which once the license is issued, shall not be modified without the prior written approval of the City;
(s) An independent evaluation by a certified public accountant of the internal accounting and administrative control system proposed, which shall be acceptable to the Director of Finance and once a license is issued shall not be modified without prior written approval of the city;
(t) Such other information that the applicant or City may consider pertinent; and
(u) The contents of the application shall be certified under penalty of perjury as follows:
(1) By the proposed licensee if an individual,
(2) By a general partner if the proposed licensee is a partnership, or
(3) By the president thereof if the proposed licensee is a corporation.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.05 License Application Fee.
A nonrefundable application fee, the amount of which is set in the City of Emeryville’s Master Fee Schedule, shall accompany the application and shall be retained by the City for the cost of investigating and processing of the application whether or not the application is approved. The application fee shall be paid to the Tax and License Department before the application is submitted to the Police Department.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.06 License Application, Acceptance, Referral, Investigation and Report.
(a) Upon receipt of an application for a card room license, the Police Department shall examine it, and if it is determined that it fails to comply with the requirements of this chapter or does not contain all the information required by this chapter, the application shall be returned to the applicant for proper completion of the application, together with a statement indicating the deficiencies. If the application does comply, the Police Department shall refer copies to other City offices as needed.
(b) The City Manager shall be responsible for the gathering of all reports and pertinent information from other City departments and completing a final report to the City Council for their acceptance or denial of the application.
(c) The Chief of Police shall investigate or cause to be investigated, the contents of the application. The Chief of Police, or a representative of the Chief of Police, is hereby authorized to conduct background investigations and obtain criminal history information for each person required to be named in the application for determining whether any such person should be disqualified for any of the following reasons:
(i) Applicant has been convicted of any crime punishable as a felony or any misdemeanor involving dishonesty or moral turpitude or has entered a plea of nolo contendere to any lesser or included offense, including but not limited to crimes involving robbery, burglary, lotteries, gambling, larceny, usury, perjury, bribery, extortion, bookmaking, fraud, sale or possession for sale of a controlled substance, prostitution, pimping, pandering or money laundering.
(2) Applicant has associated with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.
(iii) Applicant has contumaciously defied any legislative investigatory body, or other official investigatory body of any local agency, state or of the United States. (iv) Applicant is less than 21 years of age. The Chief of Police, within forty-five (45) days of receipt of a complete application shall submit a written report to the City Manager containing a recommendation as to whether the requested license should be granted, and shall give reasons for the recommendation.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.07 License Issuance.
(a) Within thirty (30) days of receipt of the completed final report from the City Manager, the City Council may, by majority vote, direct the Police Department to issue a license to the applicant. The license may be approved subject to such conditions, limitations and restrictions as may be deemed reasonably necessary. Each license approved by the City Council shall be subject to licensee’s compliance with all applicable provisions of this chapter as well as such conditions, limitations and restrictions as the City Council may require. No license shall be approved if it appears that any one (1) of the following facts exists:
(1) The applicant for the license has not obtained an approval of a use permit for the card room as required by Title 9 of the Emeryville Municipal Code; or
(2) The operation of a card room at the proposed location will aggravate the crime problems in the area, or otherwise be detrimental to crime prevention or be detrimental to the public peace, health, welfare or safety in the area; or
(3) The report of the Chief of Police, Fire Chief, Building Inspector or Planning Commission indicates that the license would result in a violation of the laws or regulations such officials administer; or
(4) That the applicant, its owners, officers or employees are unfit to operate a card room business. In making such determination, the Council may consider:
a. The commission of any acts by the applicant, its owners, officers, or employees involving dishonesty, fraud or deceit with the intent to benefit substantially oneself or another, or substantially injure another,
b. The license and permit history of the applicant, its owners, officers and employees, and whether such person in previously operating in this or another state under a license or permit has had such license or permit revoked, denied or suspended, the reasons for such action, and the resulting actions of such persons,
c. If the applicant does not have, in the judgment of the City Council, the financial capability or business experience to operate a card room in a manner that would protect its patrons and the citizens of the community; or
(5) That the applicant has failed to comply with any of the provisions of the Emeryville Municipal Code or other applicable laws applicable to the premises, equipment or operation of the business for which a permit is requested; or
(6) That the applicant has knowingly made false statements in the application; or
(7) That the applicant has not registered with the Department of Justice as required by state law.
(b) Upon the approval or conditional approval of a license by the City Council, the license shall be issued to the applicant pursuant to such conditions, limitations and restrictions required by the City Council. In the case of a partnership, a license shall be issued in the name of all the partners.
(c) In the event an application is denied, the Police Department shall notify the applicant within ten (10) days of such denial and the reasons for the denial.
(d) Under no circumstances shall any conditions attached to any license be construed to convert such license into any kind of transferable, conditional use permit.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.08 Suspension and Revocation of Card Room License.
All licenses authorized and issued under the provisions of this chapter shall be subject to suspension or revocation by majority vote of the City Council under any of the following conditions:
(a) The licensee, or any employee or agent of such license has:
(1) Knowingly failed to comply with any of the provisions of this chapter,
(2) Violated any laws of the State of California relating to gaming, or
(3) Knowingly breached any term or condition upon which his/her card room license was issued; or
(b) Facts exist which would justify denial of an application for such license pursuant to this chapter; or
(c) The card room is conducted in such a manner as to constitute a nuisance, or to disturb the peace of the persons in the vicinity or to be deleterious to the public peace, morals, health, safety or welfare; or
(d) The use permit approved for the card room has been suspended or revoked pursuant to provisions contained in Article 92 of Chapter 4 of Title 9 of the Emeryville Municipal Code; or
(e) The licensee has failed or refuses to pay such fees or taxes imposed under the Emeryville Municipal Code when due and payable.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.09 Procedures for the Suspension and Revocation of Card Room Licenses and Work Permits.
Existing card room licenses or work permits may be suspended or revoked pursuant to the following procedures:
(a) The City Council may, by majority vote, suspend or revoke any card room license or work permit after a hearing of which at least ten (10) days’ notice shall be given to the licensee/permittee of the time, place and purpose. Such notice may take the format of an order to show cause, addressed to the licensee/permittee, requiring such licensee/permittee to show cause before the City Council at a time, date and place stated, why the license should not be suspended or revoked. The order to show cause shall set forth the reasons or grounds upon which such suspension or revocation is proposed.
(b) Should the City Council exercise the authority granted to them under the authority of subsection (a) and suspend or revoke the license/permit of any card room or card room employee, the City Manager shall notify in writing the licensee/permittee as to the action taken. Suspension or revocation of a license/permit by the City Council shall be effective immediately after notice given by the City Manager of the Council’s decision.
(c) At any hearing under this section, the licensee/permittee may appear, either in person or by counsel, or both in person and by counsel and may produce and submit any relevant evidence such licensee/permittee may desire, oral or documentary. In the event of revocation, no new license/permit shall be issued such licensee/permittee.
(d) No permittee or licensee or other persons in charge or control of any card room operating under any license held or issued pursuant to the provisions of this chapter shall operate or use any table, or manage, conduct or carry on any business or activity permitted by this chapter during any time that such license or permit issued by the City of Emeryville has been or is suspended or revoked.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.10 Expiration Date of Card Room Licenses.
All card room licenses issued pursuant to this chapter shall automatically expire on midnight of the thirty-first of December of the year in which such license was issued or renewed.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.11 Renewal Procedures and Fees for Card Room Licenses.
A valid license issued pursuant to the provisions of this chapter or its predecessor, which has not been surrendered, suspended or revoked, may be renewed for respective periods of not longer than one (1) year upon the following terms and conditions:
(a) Two copies of an application for renewal of any such license shall be filed sixty (60) days prior to the expiration of the existing license with the Police Department on forms provided by that department. The Police Department shall forward one copy of the application to the Director of the Finance Department.
(b) Applications for renewal shall contain the same information required by Section 5-5.04 herein, and shall be accepted, referred, investigated, reported, issued and dated as provided in Sections 5-5.06 and 5-5.07 of this chapter. If the completed application for renewal is submitted in a timely manner pursuant to subsection (a) above, the existing card room license shall not expire pursuant to Section 5-5.10 of this chapter.
(c) If such application for renewal is not filed, or the application fee is not paid within the time specified by subsection (a) above, the license shall be deemed surrendered at the expiration date of such license.
(d) Renewal fees for licenses shall be the same as those fees charged for new licenses.
(e) Any current card room licensee who desires to physically relocate their card room must file an application for renewal pursuant to Sections 5-5.04 through 5-5.07 of this chapter and obtain a conditional use permit for such new location as required by Section 9-4.22.3 of the Emeryville Municipal Code.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.12 Card Room Licenses Non –Assignable.
(a) Except as otherwise provided for in this chapter, no card room license or any gaming table operated under a card room license may be sold, transferred or assigned by the licensee, or by operation of law, to any person, persons or legal entity without the prior approval of the City Council, which approval shall be conditioned upon the proposed transferee’s compliance with the provisions of this chapter and the Gaming Control Act of the State of California. Any sale, transfer or assignment, or attempted sale, transfer or assignment without such prior approval shall be deemed a voluntary surrender of such license, which license shall immediately be deemed terminated and void.
(b) A license issued to an individual shall terminate on December 31 of the calendar year in which the individual dies, except that the personal representative of the estate of that individual may apply for renewal of the license for one (1) year providing the representative has complied with the Gaming Control Act of the State of California and all other provisions of this chapter.
(c) If the licensee is a partnership and one (1) or more of the partners dies, the surviving partners, or partner, may, with prior approval of the City Council, acquire, by purchase or otherwise, the interest of the deceased partner, or partners, without affecting a surrender or termination of the license. In such case, the licensee shall thereafter be deemed to be the surviving partner upon notice to the City of Emeryville of such purchase or transfer.
(d) Any change in the board of directors of a corporation which holds a license or in the managing partners of a partnership which holds a license shall require the prior approval of the City Council, which may condition such approval on any appropriate basis.
(e) Any change of legal status of a licensee (such as a change from individual to corporate status) not otherwise provided in this section, shall require the prior approval of the City Council, which may condition such approval on any appropriate basis.
(f) No person shall, at any time, have any interest, legal or equitable, in more than one (1) card room license in the City of Emeryville.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.13 Existing Card Room Licenses Continued.
Every card room license issued by the City Council and in effect on November 19, 1998 shall be deemed, for purposes of this chapter, to be in effect the same as if it were a license issued by the City Council on January 1, 1998, and subject to all provisions of this chapter.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.14 Locations Restricted.
(a) Card room licenses shall only be issued to premises located within the inside of a building fronting on San Pablo Avenue contained within a zone between the southerly limits of the City and the northerly limits of Park Avenue.
(b) “Fronting on San Pablo Avenue” as used in this section shall mean that the primary means of ingress and egress to the building shall be located within one hundred (100) feet of the nearest point on San Pablo Avenue, and shall be clearly visible from San Pablo Avenue.
(c) Card rooms shall provide off-street parking as required by the Emeryville Municipal Code.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.15 Number of Licenses Limited.
(a) The maximum number of card room licenses which may be issued by the City and/or outstanding in any single year shall be three (3).
(b) If the maximum number of licenses are issued, then the City will not accept additional applications.
(c) When a license is vacant the City will investigate applications for the vacant license/licenses in the order of receipt of complete applications. (Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.16 Designated Number of Tables.
(a) Each license issued pursuant to the provisions of this chapter shall designate the number of card tables which the licensee is authorized to operate at the premises licensed. In the event a licensee reduces the number of card tables permitted by its license, licensee shall not be entitled to reimbursement of any fees or charges previously paid. At the City’s option, the number of tables requested above the minimum will be set monthly at the time of payment of the monthly fee to the City.
(b) The minimum number of card tables that a card room business shall be required to maintain shall be twenty (20), and the maximum number of tables that a card room business may maintain shall be eighty (80). The total number of tables allowed within the City of Emeryville shall be two hundred and forty (240).
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.17 Commencement of Operations.
(a) An applicant who has received approval for a card room license and paid all appropriate fees, as provided for in this section, must commence operation of the card room within ninety (90) days following issuance of the license.
(b) A license becomes void upon a ninety (90) day absence or suspension of operations allowed by it, regardless of the reasons for the absence or suspension of operations; except that the City Council may, during the ninety (90) days, extend the time for an additional sixty (60) days, for good cause shown.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.18 Injunctive Relief.
In addition to the legal remedies provided for in this Code, the operation of any card room in violation of the provisions of this chapter or other applicable laws and regulations shall be deemed a public nuisance and the City of Emeryville may bring an action in any court of competent jurisdiction to enjoin such nuisance.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.19 Registration of Employees and Agents; Work Permits.
(a) No licensee, or other person in charge or control of any licensed card room, shall employ or allow any person to work in such card room without such person having first registered with the Chief of Police and obtained a work permit. Once issued, a work permit is valid for one (1) year and must be renewed for each successive year by submitting a new application pursuant to the procedures set forth below.
(b) Registration with the Chief of Police shall not be deemed complete until the prospective employee or agent has completed an application for such registration on forms provided by the Tax and License Department and the Police Department setting forth:
(1) The true and complete name of such person, including all other names by which such person is or has been known;
(2) The permanent home address of such person;
(3) The name of the card room and card room licensee in and for which such person intends to work;
(4) The position/positions and duties such person shall hold and perform while in employ of licensee;
(5) A statement indicating whether or not such person has at any time been convicted of or pleaded nolo contendere to any crimes, and if so, the nature of the crime for which such person was convicted, the date and jurisdiction of the conviction;
(6) Two (2) recent photographs of such person and one (1) set of clearly identifiable fingerprints for which the prospective employee or agent shall have paid the Police Department the current fee set by the City of Emeryville’s Master Fee Schedule for receiving and processing the fingerprints so taken;
(7) A statement that such person understands and agrees to the inclusion in any report to the City Manager or City Council of any criminal conviction that the Chief of Police considers pertinent and necessary; and
(8) Certification by the prospective employee that contents of the application are true under penalty of perjury.
(c) The Chief of Police, or any other person designated by the Chief of Police, is hereby authorized to obtain any criminal history information regarding such person and conduct such other investigations deemed necessary for the purpose of determining whether the application accurately sets forth the information requested.
(d) Each and every card room employee or agent shall present himself/herself in person at the Police Department on the first day the Police Department is open to accept such applications before beginning employment at the card room. The applicant shall pay a nonrefundable fee by certified check or money order, the amount of which will be established and may be amended by City Council resolution to cover the costs of processing an application for a work permit, in order to commence the application process.
(e) The Police Department will then issue a probationary identification badge to be worn by the employee at all times while performing his/her duties in the card room. Upon completion of the Police Department’s investigation, a determination will be made whether a work permit and permanent badge will be issued. The Chief of police shall base such determination on the factors enumerated in this Section 5-5.19.
(f) The Chief of Police shall determine whether the application contains false statements knowingly made or whether the applicant is unfit to be employed by a card room for any of the following reasons:
(i) Applicant has been convicted of any crime punishable as a felony or any misdemeanor involving dishonesty or moral turpitude or has entered a plea of nolo contendere to any lesser or included offense, including but not limited to crimes involving robbery, burglary, lotteries, gambling, larceny, usury, perjury, bribery, extortion, bookmaking, fraud, sale or possession for sale of a controlled substance, prostitution, pimping, pandering or money laundering
(ii) Applicant has associated with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.
(iii) Applicant has contumaciously defied any legislative investigatory body, or other official investigatory body of any local agency, state or of the United States.
(iv) Applicant is less than 21 years of age.
If such determination of unfitness is made, the Chief of Police or designee shall notify the prospective employee and licensee that the application has not been approved and the reasons in writing. The Chief of Police shall not issue a work permit to any person disqualified for any of the reasons specified in Section 19850 of the California Business and Professions Code, as it may be amended. Such determinations shall be subject to appeal to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.
(g) If the application for the work permit is approved, the Chief of Police shall then provide the registered employee or agent with a permanent identification badge, which shall be displayed as required by Section 5-5.26 of this chapter.
(h) Notwithstanding the above, the Chief of Police may issue an one-time “trainee badge” for a particular person at a particular card room, to be valid for seven (7) calendar days. At the conclusion of seven days, the applicant shall pay all applicable fees to the City should the applicant desire to have its application for a permanent work permit processed.
(i) The Police Department shall transmit a set of fingerprints for each applicant for a card room work permit to the California Department of Justice for a criminal history check. Pursuant to California Business and Professions Code Section 19910.5, the Department of Justice, Division of Gambling Control may object to the issuance of a work permit in which case the application shall be denied.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.20 Obligation to Inform of Certain Changes Concerning Licensees and Employees.
(a) The licensee shall notify the Police Department in writing within fourteen (14) days of any change in the information required in an application for license issuance or renewal as provided in Section 5-5.04, except that no such change need be reported if such change occurs within thirty (30) days immediately preceding the expiration of such license. At the discretion of the City, a new or amended application for a license may be required.
(b) Each person registered as a card room employee or agent shall notify the Police Department in writing within ten (10) days of any change in the information such employee or agent provided in the registration application required by Section 5-5.19.
(c) The Police Department shall promptly inform the Director of Finance of any notification received pursuant to the provisions of subsections (a) and (b) above.
(d) On the first day of each month, each card room owner shall submit to the Chief of Police a current and complete listing of all their employees.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.21 Card Tables Not to Exceed License Number.
No licensee or other person in charge or control of a card room shall use, operate or permit the use or operation of more tables than specified in the current and valid license issued to such licensee. No card room shall have more than the number of card tables for which it has paid the appropriate fees. No card room shall have more card tables available for use at any time than is approved by City Council resolution.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.22 Tournaments and Special Events.
The licensee shall notify the Chief of Police in writing regarding any tournaments in excess of ten (10) tables or special events at least ten (10) days in advance. Such tournaments and special events shall be conducted in a manner conforming to all requirements of the licensee’s license, this chapter and all local and state laws and regulations.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.23 Betting or Wagering Limits.
The City of Emeryville City Council shall establish by adoption of a resolution, which resolution may be amended from time to time at the pleasure of the City Council, the maximum amount of bet or wagers for the games permitted to be played in a licensed card room. No licensee or other person in charge or control of any card room operating under any license held or issued pursuant to the provisions of this chapter shall permit any person playing in any of the games permitted pursuant to Section 5-5.24 to make any single bet or wager in excess of the amount established by resolution of the City of Emeryville City Council. These betting or wagering limits, as well as any house or table betting or wagering limits, shall be clearly posted in order to give patrons adequate notice of the rules relating to wagering.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.24 Card Games Conducted Pursuant to Law.
All games conducted or operated in the City of Emeryville pursuant to the provisions of this chapter shall be conducted and operated in full conformity with, and subject to, all the provisions of the laws of the State of California and the City of Emeryville. The agreed-upon rules of play for the games which are permitted to be played by this chapter shall be retained by the Chief of Police and shall be available for public inspection. All games shall be conducted and played in accordance with such rules of play.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.25 Permitted Games Designated.
The City of Emeryville City Council shall establish by adoption of a resolution, which resolution may be amended from time to time at the pleasure of the City Council, the game or games permitted to be played in a licensed card room. Only the games established by resolution of the City of Emeryville City Council and no other game or games shall be played or permitted to be played in a licensed card room. All games of chance are hereby prohibited.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.26 Identification Badges.
All employees, including managers and owner/managers of a licensed card room, shall display a personal identification badge at all times while on duty and physically present in the card playing area. Such identification badges shall be prominently displayed on the outermost garment at approximately chest height, and shall at all times be readable and in good condition. No such employee shall be allowed to commence work or remain in the card playing area who does not display such identification badge. Willful failure to comply with this section shall constitute grounds for suspension or revocation of such employee’s work permit and/or the card room’s license. The Chief of Police may grant a specific written waiver of the requirement to wear a badge while on duty for a particular employee, manager or owner/manager if necessary for investigation purposes.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.27 Licensee, Owner, Agent or Employees Not to Play Cards – Exceptions.
It shall be unlawful for any licensee, owner, agent or employees of any card room holding a license or permit under the provisions of this chapter to play any card game or gamble in the premises in which they are employed or have a financial interest, except for off-duty personnel and proposition players, unless they wear their identification badge as required by Section 5-5.26 of this chapter while playing. Proposition players shall wear an identification badge as required by Section 5-5.26 of this chapter while playing.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.28 Use of Shills by Card Rooms.
It shall be unlawful for any licensee, owner, agent or employee of any card room holding a license under the provisions of this chapter to hire, employ or engage a “shill” as that term is defined in this chapter. It shall be unlawful for any person to act as a shill within a licensed card room in the City of Emeryville where such person is to receive any reward, whether financial or otherwise, present or promised; or whether such reward or revenue is to be diverted to the card room, its owner, licensee, manager or any other person whomsoever with any financial interest in the card room. It shall be unlawful for any person to perform any such function as described in this section within a licensed card room in the City of Emeryville.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.29 Loans from Licensee; Lending Money or Things of Value.
It shall be unlawful for any licensee, owner, agent, employee or any other person associated with a card room licensed by this chapter to demand or collect a fee, charge or interest from any person in connection with the lending of money, chips, tokens or any other things of value, where the purpose of such transaction is to enable such person to eat, drink or play cards at such card room.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.30 Loans to Licensee.
The licensee shall report to the City Manager all loans received by it within ten (10) days of execution of the final loan documents. The information shall include the name and address of the lender and the amount and terms of the loan. Any default by licensee resulting in such lender obtaining a direct or indirect financial interest in the card room shall require such lender to apply for a card room license in accordance with the provisions of the Emeryville Municipal Code.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.31 Operation of a Player Bank or Similar System.
It shall be unlawful for any licensee, or agent or employee of a licensee, to remove, use, spend or transfer any money which has been deposited by a customer, player, employee or other person into a licensee’s player bank. Any licensee who establishes such a player bank shall maintain adequate records that detail all bank transactions, including deposit cards which shall be signed by the depositor and shall designate a beneficiary or beneficiaries in the event of the death or incapacity of the depositor. Such records shall be made available for inspection by the Chief of Police or any other person designated by the Chief of Police. Each house bank established and operated pursuant to this chapter shall obtain and maintain a surety bond or bonds in a principal amount equal to the total of all deposits in such bank.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.32 Communication within Card Rooms – When Prohibited.
It shall be unlawful for any person to communicate in any way, whether verbally or nonverbally, to any other person whether playing a card game or not, any information concerning the cards held by any other person in the card room.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.33 Exclusion or Ejection of Individuals from Card Rooms.
It shall be unlawful for any person who has engaged in or been convicted of bookmaking, sale or possession for sale of a controlled substance, illegal gambling activities, pimping, prostitution, a crime of moral turpitude, extortion, robbery, burglary, money laundering, violations of the California Control of Profits of Organized Crime Act (Penal Code Section 186 et. seq.), the Street Terrorism Enforcement and Prevention Act (Penal Code Section 186.20 et. seq.), or Federal RICO provisions or who is under the age of twenty-one (21) years, or who, in the opinion of a licensee or its agents or employees, is obviously under the influence of any intoxicating beverage, narcotic or drug to enter into or remain upon the premises of any card room, or to participate in the playing of any card game at any card table.
(a) A licensee, owner, agent or employee of such card room, or any law enforcement officer of the City of Emeryville may exclude or eject from any card room any person prohibited by the terms of this section from being on the premises of a card room. It shall be the duty of the Chief of Police to notify the licensee, owner or employee of such card room of the identity of any person subject to exclusion or ejection pursuant to this section.
(b) Any person who, pursuant to this section, is excluded or ejected from a card room may apply to the Chief of Police for a hearing on the question of whether this section is applicable to such person. The hearing shall be held within thirty (30) days after receipt of the hearing request, or at such other times as the applicant and Chief of Police may agree.
(c) If upon the hearing, the Chief of Police, exercising discretion, determines that the exclusion or ejection should not apply to the applicant, all card rooms licensed by the City of Emeryville shall be notified in writing of such determination. If the determination is that the exclusion or ejection was proper, the Chief of Police shall inform the applicant and card room of that determination in writing. Such determination shall be subject to appeal to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.
(d) No card room which excludes any individual based upon this chapter shall be subject to civil liability if such ejection or exclusion was based upon a reasonable and good faith belief that this chapter applied to the individual in question.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.34 Licensee Responsible for Violations.
The licensee of any card room shall be responsible for all violations of the laws of the State of California, or of the ordinances, regulations and conditions of the City of Emeryville, which occur within the card room, whether or not the violations occur within the licensee’s presence or with the licensee’s knowledge. Licensee agrees that allowing more patrons on the premises than that authorized by the Emeryville Fire Marshall constitutes a violation of the license and may be enforced by the Police Department.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.35 Violation of State and City Laws.
No licensee, agent or employee of any card room licensed pursuant to this chapter shall engage in or permit any other person on such premises to engage in any act in violation of the laws of the State of California or of the ordinances, regulations and conditions of the City of Emeryville.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.36 Gamblers Anonymous Information.
All card rooms shall make available and post in a visible location on the premises the telephone number of Gamblers Anonymous. (Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.37 Patron Safety and Security.
The licensee shall be responsible for the security and safety of patrons in the card room and in and around off-street parking areas. Security guards shall be in distinctive uniform attire that shall not resemble the uniforms worn by the Emeryville Police Department.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.38 Hours of Operation.
Hours of operation at any card room may be twenty-four (24) hours per day, seven (7) days per week, unless otherwise limited by the City pursuant to the use permit for the card room under Title 9 of the Emeryville Municipal Code or the license for the card room under this chapter.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.39 Posting Operating Regulations.
A set of operating regulations in a form approved by the Chief of Police and containing the provisions of Sections 5-5.19 through 5-5.38 of this chapter, as well as any relevant operating conditions imposed by the City Council or Planning Commission, shall be prominently posted in at least one (1) conspicuous location within every card room, as determined by the Chief of Police. The hours of operation shall also be clearly posted in the card room to give adequate notice of the patrons of the hours during which the establishment will remain open for business.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.40 Inspection of Card Rooms for Enforcement.
All premises operating pursuant to the terms of this chapter may be inspected for violations of this chapter at any time during normal operating hours by the Chief of Police of the City of Emeryville or duly authorized representative. Any evidence of any violation of the terms of this chapter may be seized without warrant provided that such evidence shall be specifically identified and a receipt shall be given to the owner of such evidence and to the licensee of such premises or his agent.
At all times, a designated manager or person in charge shall be on the premises and available to the Police Department. A failure to have a designated manager may result in immediate closure by the Police Department.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)
5-5.41 Record System, Audits and Statements of Revenue and Taxes.
(a) Licensee shall maintain a formal bookkeeping system that conforms to generally accepted accounting practices. Licensee shall follow the internal accounting and administrative control systems set forth in the approved license application.
(b) Each licensee shall file with the City before the tenth (10th) day of each calendar month a report, in a form approved by the City Manager and certified under penalty of perjury, showing the true and correct amount of gross revenues derived from the card room for the preceding calendar month. Such statement shall be accompanied by the payment of the correct amount of taxes due and owing in accordance with the provisions of Chapter 1 of Title 3 of the Emeryville Municipal Code. Such sums correctly reflecting the monthly fees payable for the preceding month shall be accepted by the City; subject, however, to the future right of the City to audit the matters referred to in any such statement and to determine the correctness of the figures and the amounts payable to the City.
(c) Licensee shall arrange, at its cost, for a certified public accountant to audit the books, documents, records and accounts relating to the gross revenues of the licensee at the end of the licensee’s fiscal year. This annual audit shall also include an evaluation of licensee’s operating procedures. The audit shall be performed in accordance with generally accepted auditing standards and conforming to any requirements of the State Department of Justice. The report of such accountant and all work papers utilized in the preparation of such audit shall be submitted to the City Manager, along with a certificate of insurance indicating that the accountant has one million dollars ($1,000,000.00) of professional liability insurance. The accountant shall provide a copy of the insurance policy if requested by the City Manager. Licensee and its accountant acknowledge that the City will be relying on the report of the accountant in verifying the taxes due and owing the City and in considering any license renewal. The City Manager, or designee, shall review the report and work papers and may require further information from the licensee. The City Manager may submit such documents and information to a certified public accountant for review.
(d) In addition to the audit required in subsection (c) above, the books, records and accounts of licensee may be audited by the City at any time. Upon request of the City, the licensee shall provide to the City or the City’s auditor copies of the licensee’s state and federal income tax returns, which shall be kept confidential and shall not be disclosed other than as necessary or mandated by state law. In the event a City conducted audit discloses an underpayment in excess of two percent (2%) in any one month, the full cost of the audit shall be borne by the licensee.
(e) Licensee shall keep and maintain all card room books, documents, records and accounts (whether in printed form or as electronic media) in accordance with recognized business accounting principles. Such books, documents, records and files must be retained for a period of at least seven (7) years and must be available for inspection or audit at the demand of the City. Any and all video tape recordings made for security in the card room shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of seven (7) days, unless longer or shorter periods of time are ordered by the Chief of Police or designee. All tapes must be made available to any law enforcement agency for duplication upon demand.
(f) Nothing in this section shall limit the City’s right to inspect or audit the books, documents, records and accounts of the licensee relating to items other than gross revenues, and the City expressly reserves that right through issuance of a license.
(g) City may revoke or suspend any license for the failure or refusal of licensee to make and file any required statements in a timely manner, to pay such fees or taxes when due and payable or to permit inspection of such books, records and accounts of licensee.
(Sec. 2 (part), Ord. 98-011, eff. Jan. 1, 1999)