III. Offenses Against Decency

Chapter 9.11
FRATERNAL BENEFIT SOCIETY GAMEROOMS

Sections:

9.11.010    Fraternal benefit society gamerooms – Authorized.

9.11.020    Definitions.

9.11.030    License required.

9.11.040    Application.

9.11.050    Application investigation.

9.11.060    Denial or revocation of license.

9.11.070    Regulations.

9.11.080    No exterior signs.

9.11.090    Penalties.

9.11.100    Severability.

9.11.010 Fraternal benefit society gamerooms – Authorized.

Notwithstanding the provisions of Chapters 5.20 and 9.12 CVMC, the playing of card games by a fraternal benefit society is lawful under the terms and conditions of this chapter. (Ord. 2265 § 2, 1988).

9.11.020 Definitions.

For the purpose of this chapter, the following words and phrases shall mean:

A. “Chief” means chief of police of the city of Chula Vista.

B. “Fraternal benefit society” means a fraternal benefit society as defined in Section 23701(b) of the Revenue and Taxation Code.

C. “Card games” means only draw poker, lo-ball poker, contract bridge and auction bridge.

D. “Gameroom” means any space, room, or enclosure furnished or equipped with a table(s) used or intended to be used as a card table for the playing of cards or similar games on the premises of, and the use of which is limited to, members of the fraternal benefit society. (Ord. 2265 § 2, 1988).

9.11.030 License required.

A. It shall be unlawful for any person to hold a card game in a gameroom unless the fraternal benefit society has been issued a license as provided by this chapter.

B. The operation of any gameroom without a license or failure to operate in full compliance with all provisions of this chapter shall be grounds for revocation of the license, or denial of the request to obtain a license by the violating organization. (Ord. 2265 § 2, 1988).

9.11.040 Application.

Application for license shall be made to the chief on forms prescribed by the chief. The chief shall have a reasonable time in which to investigate the application and background of the applicant. The application shall be accompanied by the required fee(s) for conducting an investigation. The application for fraternal gameroom license shall contain at a minimum the following names and addresses:

A. Gameroom Manager/Supervisor. The person(s) who will be responsible for supervising the games.

B. Leadership of the society, including officers and board of directors.

C. Those persons who may have a financial interest in the organization, including landlords, lessors, lessees, and owner(s) of the building, fixtures, or equipment. (Ord. 2506 § 1, 1992; Ord. 2265 § 2, 1988).

9.11.050 Application investigation.

A. Upon receipt of an application for a license, the chief shall make an investigation of the application. The chief may send copies of such application to any office or department which the chief deems essential in order to conduct a proper investigation of the applicant organization.

B. The chief and every officer and/or city department to which an application is referred may investigate the truth of any matters set forth in the application, the character of the applicant, and may examine the premises to be used for the gameroom to ensure that it complies with all health, fire, and zoning regulations.

C. The chief shall issue the license unless he/she finds that the applicant has knowingly made any false, misleading, or fraudulent statement or omission of material fact in the application for the license or that the organization is not a fraternal benefit society, or that the gameroom managers or responsible organization leadership have been previously convicted of violating any of the provisions of this chapter or any provisions of state law relating to unlawful gambling or of theft, or have had a previous gameroom license revoked or denied within five years immediately preceding the date of the application. (Ord. 2265 § 2, 1988).

9.11.060 Denial or revocation of license.

If a license is denied or revoked, the chief shall prepare a notice setting forth the reasons for such denial or revocation. Such notice shall be sent by certified mail to the applicant’s address provided in the application or be personally delivered. Any person who has had an application for a license denied or revoked by the chief may appeal the decision to the city council. (Ord. 2265 § 2, 1988).

9.11.070 Regulations.

A. A fraternal benefit society shall conduct its gameroom only on property which is either owned or leased by it, and used by such organization for an office, lodge, or for the performance of the purposes for which the organization is organized. Prior to the application for a license pursuant to this chapter, each organization applying for a gameroom license shall have been established within the community of Chula Vista for two years.

B. All card games shall be held at a fixed location, and, notwithstanding CVMC 1.16.010, shall allow for full access for police inspection whenever in operation.

C. Gamerooms shall be operated from 10:00 a.m. to 12:00 midnight only. Days of operation shall be limited to two days per week. No card games shall take place on Sundays.

D. No more than eight players shall be permitted at any one gameroom card table.

E. No more than two tables shall be permitted at any licensed gameroom.

F. Gameroom card players shall be limited to members in good standing of the licensed fraternal benefit society. Card games shall not be open to the general public or guests.

G. No intoxicated players shall be permitted in the gameroom. No alcohol shall be consumed or served at the gameroom card tables.

H. No person under 21 years of age shall be permitted to play any game at any gameroom card table. No person under 21 years of age shall be employed to work in the area designated as the “gameroom.”

I. All gameroom card tables shall be supervised by the person designated on the application, or their representative. This supervisor shall ensure that the games played on the tables are being played in strict accordance with the terms of this chapter and not in violation of Sections 330 and 330a of the Penal Code of the state of California.

J. No member shall be charged a fee or required donation to participate in playing cards in the gameroom.

K. No bet or wager in a game shall exceed $1.00. There shall be no more than three raises; no table stakes or jackpots will be permitted. (Ord. 2265 § 2, 1988).

9.11.080 No exterior signs.

There shall be no exterior signs advertising the playing of cards within the licensed organization’s facility. The organization shall not advertise the playing of cards in any medium other than an organization newsletter or other written material which is delivered/made available to organization members only. (Ord. 2265 § 2, 1988).

9.11.090 Penalties.

Notwithstanding CVMC 1.20.010, any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. (Ord. 2265 § 2, 1988).

9.11.100 Severability.

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are hereby declared to be severable. (Ord. 2265 § 2, 1988).