Chapter 5.20
CARD ROOMS*
Sections:
5.20.020 Unlawful operation--License required--Statutory provisions.
5.20.040 Cardroom employee work permits.
5.20.050 Suspension and revocation of permits.
5.20.060 State law violations.
5.20.070 Penalties for violation.
5.20.090 Exclusion or ejection of certain individuals.
* Prior ordinance history: Ord. 62.
5.20.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears from the context, the following words and terms are defined as follows:
A. "Card game" means any game played with cards or other devices for money, checks, credits or any other thing of value.
B. "Cardroom" means 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 in return for a fee, charge or other compensation.
C. "Card table" means any table or any other surface upon which any card game is played.
D. "Cardroom employee" means any person employed by a licensee, with or without compensation, in a cardroom who either participates as a dealer in a card game or is in charge of the operation and supervision of card tables, or is a shill or an agent of the licensee. The term "employee" does not include a bartender, culinary worker or any other person not directly connected with or participating in the cardroom operation.
E. "Shill" means an owner, employee, agent, licensee or any other person who participates in a card game at the request, direction or demand of the owner, licensee, his/her agents, or employees, where the licensee and/or the cardroom has a financial interest in what such employee wins or loses. (Ord. 91-06 §1(part), 1991).
5.20.020 Unlawful operation--License required--Statutory provisions.
A. It is unlawful for any person to operate or maintain a cardroom or card table, or to conduct a card game, or to be employed as a cardroom employee within the city without first obtaining the licenses authorized by Chapter 5.12 of this code.
B. It is unlawful for any person to conduct a card game in a manner which does not comply with the laws of the state of California, including but not limited to The Gaming Registration Act, and the laws and ordinances of the city of Kerman. (Ord. 91-06 §1(part), 1991).
5.20.030 Hours of operation.
A. All establishments wherein card tables are maintained or where playing of card games is permitted within the city shall not conduct card games between the hours of two a.m. and six a.m. of any day, except as provided in Subsection B of this section.
B. 1. An establishment, wherein card tables are maintained or where playing card games is permitted within the city, may conduct card games at any hour of the day or night provided that the establishment complies with a current conditional use permit issued by the planning commission of the city, which permit allows operation at any hour of the day or night.
2. In determining whether to grant an application for a conditional use permit for operation of a cardroom at any hour of the day or night, the planning commission shall consider, in addition to other relevant matters:
a. The proximity of the establishment to residential uses;
b. Whether operation of the cardroom at any hour would interfere with neighboring land uses;
c. The recommendation of the city chief of police concerning the effect of operation of the cardroom at any hour on the public health, safety and welfare.
3. A conditional use permit for operation of a cardroom at any hour of the day or night shall expire not more than one year after its effective date. A conditional use permit may be renewed for a term of one year, after review and approval by the planning commission. (Ord. 91-15 §1, 1991: Ord. 91-06 §1(part), 1991).
5.20.040 Cardroom employee work permits.
A. Card-room employees must obtain a work permit from the chief of police. 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 necessary to determine whether the applicant is a proper person to be issued a cardroom work permit. The application shall also be accompanied by the fingerprints and two recent color photographs of the applicant. The photographs shall conform to the specifications of the police chief. A work permit shall be issued only to persons who have resided in the county of Fresno for at least one year immediately preceding the issuance of such work permit. The police chief shall issue a work permit unless he finds that:
1. The applicant has previously been convicted of a felony and a period of five years has not expired from date of termination of confinement, parole and/or probation; or
2. The applicant has previously been convicted of one of the following misdemeanor violations, and a period of five years has not elapsed from the date of termination of confinement, parole and/or probation:
a. Any theft from a person,
b. Any theft involving cheating,
c. Any series of petty thefts,
d. Any crime involving pimping, pandering or prostitution,
e. Any crime involving bookmaking or gaming,
f. Any crime involving narcotics or dangerous drugs.
B. Each application for a work permit shall be accompanied by the fee designated in Chapter 5.12.010, and shall be valid for a period of one year. The fee shall not be refunded if a work permit is refused, revoked or suspended as hereinafter provided. Only one such work permit shall be required each year, even though the holder of a work permit may change his 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 fit and proper person shall be subject to an appeal to the city council. Upon failure to file a written appeal within thirty days of an action or decision, the action of the police chief in denying such permit shall be final. (Ord. 91-06 §1 (part), 1991).
5.20.050 Suspension and revocation of permits.
A. The police chief shall have the right for cause to revoke or suspend any cardroom permit or cardroom work permit issued hereunder and to take possession of such permits.
B. Any of the grounds upon which the police chief shall be required to refuse to issue an initial cardroom permit or cardroom work permit shall also constitute grounds for such revocation or suspension.
C. The failure of a holder of a cardroom license or cardroom work permit to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such cardroom license or cardroom work permit.
D. The action of the police chief in revoking or suspending such cardroom permit or cardroom work permit shall be subject to an appeal to the city council. Upon failure to file a written appeal within thirty days of an action or decision, the action of the police chief shall be final. (Ord. 91-06 §1(part), 1991).
5.20.060 State law violations.
The council of the city declares that it is not the intention of this chapter to permit any cardroom to conduct any game prohibited by the laws of this state, including but not limited to those games enumerated in Section 330 of the Penal Code of the state of California, as currently enacted or as it may be amended in the future. (Ord. 91-06 §1(part), 1991).
5.20.070 Penalties for violation.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment; and each such person, as principal, agent or otherwise, shall be deemed guilty of a separate offense for each day during any portion of which the violation of, or failure, neglect or refusal to comply with any of the provisions of this chapter is committed, continued or permitted by such person. (Ord. 91-06 §1(part), 1991).
5.20.080 No vested rights.
This chapter does not create any vested or other property right of any kind in the owners, licensees, employees or any other person on their behalf. The city reserves the right to at any time terminate, change, modify or repeal the provisions of this chapter and any privilege exercised thereunder. (Ord. 91-06 §1(part), 1991).
5.20.090 Exclusion or ejection of certain individuals.
It is 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, or who is under the age of twenty-one 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 cardroom, 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 may exclude or eject from any cardroom any person prohibited by the terms of this section from being on the premises of a cardroom, providing such ejection does not constitute a breach of the peace. It shall be the duty of the chief of police to notify the licensee, owner or employee of such cardroom of the identity of any person subject to exclusion or ejection pursuant to this section.
B. Any person who, pursuant to subsection A of this section, is excluded or ejected from a cardroom may apply to the chief of police for a hearing on the question of whether this section is applicable to such a person. The hearing shall be held within thirty 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 his discretion, determines that the exclusion or ejection should not apply to the applicant, all cardrooms licensed by the city 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 the cardroom of that determination in writing. Such determination shall be subject to review by any court of competent jurisdiction.
D. Any law enforcement officer of the city may exclude or eject from any cardroom any person prohibited by the terms of this section from being on the premises of a cardroom. It shall be the duty of the chief of police to notify the licensee, owner or employee of such cardroom of the identity of any person subject to exclusion or ejection pursuant to this section.
E. No cardroom 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 section applied to the individual in question.
F. Subsections B, C and E of this section shall apply where applicable, provided any appeal of the law enforcement officers’ actions shall be before the city council by a written request within thirty days of action. (Ord. 91-06 §1(part), 1991).