Chapter 5.32
CARDROOMS

Sections:

5.32.010    Purpose.

5.32.020    Cardroom defined.

5.32.030    Permit required.

5.32.040    Application for permit.

5.32.050    Issuance of permit.

5.32.060    Employee work permits.

5.32.070    Denial of employee work permit—Appeal.

5.32.080    Cardroom permit or employee work permit—Revocation.

5.32.090    Assignment of permit.

5.32.102    Prohibition of additional cardroom permits.

5.32.106    Limit on number of tables in the city.

5.32.120    Cardroom regulations.

5.32.124    Gross revenue permit fees.

5.32.010 Purpose.

It is the intent and purpose of this chapter to provide for the orderly regulation of the business of operating cardrooms in the city by establishing certain minimum standards for the conduct of such businesses to protect the public safety and welfare of the residents of the city. (Ord. 79-7 § 1, 1979)

5.32.020 Cardroom defined.

For the purposes of this chapter a cardroom is defined to be any room, space or enclosure furnished or equipped with a table used or intended to be used for the playing of cards or similar games, and the use of which is available to the public, or any portion of the public; provided, however, that this chapter shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization as defined in Section 5.32.110. (Ord. 79-7 § 3, 1979)

5.32.030 Permit required.

No person, association, partnership or corporation shall engage in, carry on, maintain or conduct, or cause or permit to be engaged in, carried on, maintained or conducted, any cardroom in the city without first having obtained an annual permit from said city so to do, according to each and every requirement of this chapter, and without complying with each and every provision and regulation contained herein. The permit required hereby shall be in addition to any business license required by any other city ordinance. (Ord. 79-7 § 2, 1979)

5.32.040 Application for permit.

Every applicant for a cardroom permit pursuant to this chapter shall file an application with the chief of police or his designated representative upon a form provided by the public safety department and shall pay an annual nonrefundable application fee in an amount established by resolution of the city council, payable in advance with the application to defray in part the cost of investigation, inspection and enforcement of this chapter. The application shall specify:

A.    The address of the location for which the permit is required, together with the business name of such location;

B.    The name and proposed business address of the applicant. If the applicant is a corporation, the name of the corporation shall be stated exactly as shown in its articles of incorporation; and the applicant shall also state the date and place of incorporation, the true names and residence addresses of each of the officers and directors and of each stockholder owning ten percent or more of the stock of the corporation. If the applicant is a partnership, the application shall set forth the true name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporation applicant apply as to such partner or partners;

C.    Whether or not the applicant or any officer, director, member or stockholder of applicant, as the case may be, has ever been convicted of any crime except misdemeanor motor vehicle violations; if any person mentioned in this subsection has been so convicted, the place and court in which the conviction was had, the specific charge under which the conviction was obtained, and the sentence imposed as the result of said conviction. The application shall also be accompanied by specimen fingerprints of every person mentioned in this subsection, to be submitted on the standard fingerprint cards used by the police identification bureau, and by a recent photograph of every such person;

D.    The names and addresses of the persons who have authority or control over the place for which the permit is requested, and a brief statement of the nature and extent of such authority and control;

E.    The true name and address of each person, corporation, partnership, association or other entity whatsoever which has any interest, by way of financial participation or otherwise, in the ownership or operation of the cardroom or the cardroom permit;

F.    Whether the application is for a new permit or for the renewal of an existing permit;

G.    Such further information as may be deemed necessary by the chief of police. (Ord. 79-7 § 4, 1979)

5.32.050 Issuance of permit.

A cardroom permit may be issued for a period of one year upon the recommendation of the chief of police, subject to the following conditions and qualifications:

A.    No applicant shall be recommended for a cardroom permit if:

1.    The applicant has knowingly misstated, misrepresented, concealed or withheld any material fact on the application for permit; or

2.    Such applicant has previously been convicted of a felony or of any narcotics violation; or

3.    Any said cardroom is proposed to be located within any area of the city which is zoned residential; or if said cardroom location is adjacent to a residential area and, in the opinion of the chief of police, the operation of a cardroom in such location would tend to cause a public nuisance or a police problem; or

4.    Said cardroom is proposed to be located within five hundred feet of a public school, church, hospital, children’s playground or any other public facility where the presence of said cardroom might tend to promote a demoralizing effect or cause a police problem or create a public nuisance.

B.    The action of the chief of police in recommending the denial of such a permit on the basis of any part of this section shall be subject to an appeal to the city council. Notice of such appeal shall be filed in writing with the city clerk within ten days after the denial of said permit. Upon failure to file such notice of appeal within the ten-day period, the action of the chief of police in denying such permit shall be final and conclusive. (Ord. 95-15 § 1, 1995; Ord. 79-7 § 5, 1979)

5.32.060 Employee work permits.

Cardroom employees must obtain a work permit from the chief of police. “Cardroom employees,” for the purposes of this chapter, are defined as dealers, overseers and others directly connected with the operation and supervision of the card tables, and excluding waitresses, bartenders, culinary workers and others not directly connected with such operation and supervision. Applications for such work permits shall be submitted under oath and shall contain a statement of the past criminal record, if any, of the applicant and such information as may be deemed necessary by the chief of police to determine whether the applicant is a proper person to be issued a cardroom work permit. The application shall also be accompanied by fingerprints and a recent photograph of the applicant. The chief of police shall deny to such applicant a work permit if:

A.    Such applicant has previously been convicted of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California; or

B.    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, 11203.4a or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the chief of police to consider the factors set forth in Section 19847 or affect the applicant’s burden under Section 19848 of the Business and Professions Code; or

C.    Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code; or

D.    Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when the 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 in Section 186.2 of the Penal Code; or

E.    The applicant is less than twenty-one years of age.

F.    The Division of Gambling Control of the Department of Justice, State of California, may object to the issuance of a work permit for any cause deemed reasonable by the Division. If the Division objects to the issuance of the work permit, the work permit shall be denied. Any person whose application for a work permit has been denied because of an objection by the Division may apply to the California Gambling Control Commission for an evidentiary hearing in accordance with regulations of the Commission.

Each application for a work permit shall be accompanied by an annual nonrefundable fee as established by resolution of the city council and the work permit shall be valid for a period of one year from date of issuance. The application fee shall not be returned in the event such 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 such work permit may change his or her place of employment within the city. (Ord. 99-20 § 1, 1999)

5.32.070 Denial of employee work permit—Appeal.

The action of the chief of police in denying such work permit shall be 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 said 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. 79-7 § 7, 1979)

5.32.080 Cardroom permit or employee work permit—Revocation.

The chief of police 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. Any of the grounds upon which the chief of police shall be required to refuse to issue a new cardroom permit or cardroom work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a cardroom permit or cardroom work permit to comply with the provisions set forth herein shall also constitute grounds for revocation or suspension of such cardroom permit or work permit. The action of the chief of police in this respect shall be 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 cardroom permit or work permit shall be final and conclusive. (Ord. 79-7 § 8, 1979)

5.32.090 Assignment of permit.

No cardroom permit, or any interest therein, issued under the authority of this chapter, may be transferred from person to person, assigned, pledged or hypothecated in whole or in part, except as authorized by this chapter. Such permit shall not be subject to transfer to any other holder or operator through the levy of any execution by any judgment creditor or any judicial sale under any proceedings to enforce or collect any judgment, debt or obligation. The transfer of the cardroom activity to a different location may be approved by the chief of police provided the application or transfer fulfills all the conditions specified in Sections 5.32.040 and 5.32.050 for the issuance of cardroom permits and such location is allowed under Title 17 of this code (Zoning Ordinance). The transfer of a valid cardroom permit to another person may be allowed by the chief of police when the permittee is deceased and the executor or administrator of his estate has applied for such transfer within thirty days after the date of death, or when the permittee has become physically incapacitated so that he is unable to conduct his cardroom business and will be so incapacitated for a period of six months or more from the date of such application; provided further, that any such application for transfer of a cardroom permit to another person may only be made by or on behalf of a permittee holding a valid permit issued and unrevoked at the time of adoption of the ordinance codified in this chapter and not by the transferee or such permit or any other person; provided further, that any such transfer shall fulfill all the terms and conditions of this chapter for the issuance of any cardroom permit. (Ord. 96-18 § 1, 1996; Ord. 79-7 § 9, 1979)

5.32.102 Prohibition of additional cardroom permits.

Notwithstanding any other provision or section of this chapter, no cardroom permit for a cardroom not existing and legally permitted on the effective date of the ordinance codified in this section shall be issued by the city. (Ord. 96-6 § 1, 1996)

5.32.106 Limit on number of tables in the city.

No more than a total of twenty tables shall be permitted in the city. (Ord. 2015-01 § 1, 2015)

5.32.120 Cardroom regulations.

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

A.    Not more than one cardroom shall be located at any one address;

B.    No person shall deal, play or carry on, open, or cause to be opened, or conduct, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, 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, dominoes, or any other device, for money, chips, checks, credit or other representative of value, or bet at or against any of said prohibited games in any cardroom;

C.    Not more than ten tables shall be permitted in any cardroom;

D.    Not more than ten players shall be permitted at any one card table;

E.    Cardrooms shall be located on the ground floor of the licensed premises and arranged so that the card tables and the players at the tables shall be plainly visible and open to inspection by competent authorities at all times;

F.    No minor shall be permitted at any card table or shall participate in any game played thereat;

G.    The play of any and all games at the cardrooms approved pursuant to the California Gambling Control Act (Business and Professions Code Section 19800 et seq.) shall be permitted so long as approved by the chief of police pursuant to the rules set forth in this section and placed on the permissible game list for the cardroom.

1.    The cardroom shall apply to the chief of police or his designee to play such games approved by the California Department of Justice, Bureau of Gambling Control, by providing evidence of the game’s written approval from the Bureau of Gambling Control to the chief of police, the game’s rules for play and any supplement information required by the chief of police.

2.    The chief of police may add the game to the permissible game list for the cardroom or may reject the addition of the proposed permissible game to the permissible game list if the chief of police finds that the proposed permissible game is not a controlled game under state gambling law and does not have written authorization from the California Department of Justice, the California Gambling Control Commission or a final court determination; or, the playing of the proposed permissible game conflicts with federal or state law or this chapter. The chief of police shall have fifteen days following receipt of the licensee’s application to deliver written notice to the cardroom informing that the game will not be added to the permissible game list, with the required findings. The failure of the chief of police to deny the application within that period shall be deemed approval therein and the game shall be automatically added to the permissible game list. A denial by the chief of police shall be 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. If an appeal is not filed within the ten-day period, the action of the chief of police shall be final and subject to reconsideration one year after the denial.

3.    The chief of police shall maintain and make available to the public a list of permissible games that may be played at each city cardroom and the rules on how each game and variation thereof is to be played. The cardroom shall only allow the playing of permissible games, when added to the permissible game list, and play shall only be in strict conformity with the rules on file with the chief of police. The chief of police shall provide immediate notice to the cardroom of any amendment to the cardroom’s list of permissible games.

4.    The chief of police may temporarily withdraw approval of a permissible game or games if one of the following findings can be made:

a.    The playing of the game has led to an increase in complaints of cheating or an increase in police service;

b.    The playing of the game has created a public nuisance or disorder in the community; and

c.    The playing of the game has been detrimental to the public health, safety or welfare of the citizens of Marina.

Upon making the finding or findings listed above the chief of police shall deliver to the cardroom a written notice to cease and desist the play of that game or games, with the applicable finding or findings and any applicable evidence. The cardroom shall have thirty days to meet and confer with the chief of police and provide evidence that the identified issues are corrected. The chief of police may repeal the cease and desist notice if the cardroom satisfactorily corrects the identified issues or refer the matter to a hearing before the city council to revoke the approval of the permissible game or games. The hearing shall be held by the city council within sixty days of the delivery of the cease and desist notice, or as soon thereafter as is practical. The hearing shall adhere to the rules of due process for revocation and revocation shall be based on one or more of the findings set forth above and supporting evidence.

5.    Subsection (G)(1) of this section shall not apply to the play of any game at any city cardroom permitted by the California Gambling Control Act and by the city prior to the effective date of this subsection G which is March 21, 2013;

H.    The chief of police may require, at his or her discretion, all permittees to implement reasonable security measures in and around any cardroom to insure the safety of patrons. A uniformed guard shall be employed by and be on duty at each cardroom from eight p.m. to two a.m. on Sunday through Thursday nights or to six a.m. on Friday nights (i.e., Saturday mornings) and Saturday nights (i.e., Sunday mornings) on each day that the cardroom is in operation. Such guard shall be considered a cardroom employee under the work provisions of Section 5.32.060;

I.    All cardrooms subject to the provisions of this chapter may remain open for operations up to a maximum of twenty-four hours per day, during such hours of the day as the cardroom permittee shall determine, and the hours of operation shall be clearly posted;

J.    There are no mandatory limits on the amount wagered in any permitted games. A cardroom permittee may impose wagering limits on any game, at his or her discretion. If wagering limits are established by the cardroom permittee for games, the limits for each game must be clearly posted;

K.    The city council may by resolution, after a noticed public hearing, adopt such additional rules and regulations, not otherwise in conflict with this chapter, in furtherance of the purpose of this chapter. (Ord. 2015-01 § 2, 2015; Ord. 2013-03 § 1, 2013; Ord. No. 2009-02, § 2, 6-16-2009; Ord. 2002-02 § 1, 2002; Ord. 2000-08 §§ 2, 3, 2000; Ord. 99-20 §§ 2—5, 1999; Ord. 96-18 § 5, 1996; Ord. 96-6 § 2, 1996; Ord. 95-15 § 4, 1995; Ord. 86-12 § 1, 1986; Ord. 85-7 § 1, 1985; Ord. 85-1 § 2, 1985; Ord. 81-12 § 1, 1981; Ord. 79-7 § 12, 1979)

5.32.124 Gross revenue permit fees.

A.    Monthly Fee. In addition to the basic fee prescribed by Section 5.32.040 of this chapter, each permittee, issued a permit pursuant to the provisions of this chapter, shall pay to the city a monthly fee, based upon the total monthly gross revenue of the card game business so permitted, according to the following schedule:

 

If the Monthly Gross Revenue is:

Over

But Not Over

Computed Fee is:

Of Amount Over:

$ 0

$10,000

$ 500.00

 

10,000

15,000

750.00 +5%

$10,000

15,000

20,000

1,200.00 +9%

15,000

20,000

and over

1,850.00 +13%

20,000

B.    Statement of Revenue.

1.    Each permittee shall file with the city manager before the fifteenth day of each calendar month a statement, under oath, showing the true and correct amount of gross revenue derived from the card game business permitted by the permit issued to or held by such permittee for the preceding calendar month. Such statement shall be accompanied by the payment of the correct amount of license fee due and owing in accordance with the provisions of subsection A of this section and such sums correctly reflecting the monthly fee payable for the preceding month shall be accepted by the city, subject, however, to the right of the city to audit the matters referred to in the statement and to determine the correctness of the figures set forth in such statement and the amount payable to the city pursuant to the provisions of subsection A of this section.

2.    In addition to the foregoing, a certification or declaration signed under penalty of perjury by the permittee or the permittee’s management shall be attached to the statement or included therein, which certification or declaration shall declare that the information provided is true and correct.

C.    Audit of Reports. The books, records and accounts of any cardroom may be audited by the city. Such an audit to be performed by a qualified accountant or city official who shall be selected by the city council and/or city manager. Any information obtained pursuant to the provisions of this section or any statement filed by the permittee shall be deemed confidential in character and shall not be subject to public inspection but shall be available to those city officials having jurisdiction over the provisions of this chapter and to any court of competent jurisdiction where any matter relating thereto may be actively pending. If such an audit shall show that the permittee has understated the amount of gross revenue derived from the cardroom business by more than two percent, permittee shall immediately pay to city the cost of the audit as well as the additional fee.

D.    Failure to Provide Records. Any failure or refusal of any such permittee to maintain sufficient records to allow for a meaningful audit, to make and file any statements as required within the time required, or to pay such sums by way of permit fees when the same are due and payable in accordance with the provisions of this chapter, or to permit such inspection of such books, records and accounts of such permittee shall be and constitute full and sufficient grounds for suspension and revocation of the license of any such permittee.

E.    Effective Date for Permit Fee. This gross revenue fee shall become effective at the same time as the remainder of the ordinance codified in this section except if required by law to be approved by the voters, it shall become effective upon approval by a four-fifths vote of the city council and a majority of the voters in an election.

F.    Existing Cardrooms. Existing cardrooms shall be exempt from payment of this fee for the first twelve months from its effective date, shall pay one-half of the above-described amount for the next twelve months and shall pay the full amount thereafter.

G.    Use of Proceeds of Fees. All proceeds from this fee shall be deposited in the city’s general fund with the city council reserving the right to budget and allocate those proceeds for any general fund purpose. In adopting this fee it shall be the policy of this council that the first priorities for allocation of these funds shall be for public safety enforcement and the city’s fund for replacement of capital projects. (Ord. 95-15 § 5, 1995)