Chapter 5.06


5.06.010    License--Required.

5.06.020    License--Application.

5.06.030    Prohibited operation.

5.06.040    License--Nontransferable--Suspension or revocation.

5.06.010 License--Required.

It is unlawful for any person, firm, or corporation to keep or maintain, or permit to be kept or maintained, within the incorporated area of the city, in any building, place, premises or room owned, managed, supervised, possessed or controlled by him or it, any table or tables which are used by the public or offered for use by the public for the playing of cards, or any gambling, and for the use of which a fee or compensation in any form is charged players, without first obtaining a license for each such building, place, premises or room from the city council of the city so to do. (Ord. 190 §1, 1977).

5.06.020 License--Application.

A.    A written application, verified under penalty of perjury, for a license under this chapter shall be filed with the city clerk upon forms to be provided by him and shall contain the following information:

1.    The name, occupation, business status and residence address of the applicant and all persons having a financial interest in the obtaining of such license;

2.    The location and ownership of the premises for which the license is sought;

3.    The number of tables for which the license is sought;

4.    Together with such further information as the city council may require in order to determine that the operation of such a cardroom premises would be consistent with the provisions of this chapter and would not be injurious to the health, safety, welfare and morals of the people of the city.

B.    The city council, before issuing any permit, shall submit each application to the chief of police of said city, who shall inspect the tables and the premises in question and make his report and recommendation to the city council. The chief of police shall not recommend any application unless he is satisfied that the operation of the cardroom at the premises proposed would not constitute a violation of any state law or ordinance of the city, and that it would not be injurious to the public health, safety, welfare or morals of the people of the city to operate such business upon the premises for which the permit is sought.

C.    The city council may deny such application if, after investigating the matter, it determines that it will be injurious to the public health, safety, welfare or morals of the people of the city to operate such cardroom or business upon the premises for which the permit is sought.

D.    If the city council denies any application, notice of such denial of such application shall be given in writing to the applicant within ten days after such denial. Notice shall be effected by personal service upon the applicant or by United states mail directed to the applicant at his place of residence. The applicant may appeal therefrom by filing a written notice of such appeal with the city clerk no later than twenty days after the denial of the application. Upon the filing of such notice of appeal, the city council shall schedule a hearing, within fifteen days. The applicant, the chief of police, and the city attorney shall be notified of the date of the hearing of such appeal.

E.    Licensed cardrooms in the city shall be limited to two licenses for each three thousand and fraction thereof persons residing in said city, the population thereof at any pertinent time to be determined by the city manager in accordance with the federal census or other reliable information.

F.    Granting of a cardroom license shall be authorized by resolution of the city council instructing the city clerk to issue the same. (Ord. 190 §2, 1977).

5.06.030 Prohibited operation.

It is unlawful for the owner, operator, tenant or person in control of any room or enclosure where a cardtable or tables are maintained or used, or while any card game is played, to do the following:

A.    To operate more than two tables at any cardroom;

B.    To permit more than eight players at anyone card table;

C.    To extend credit to a player, accept IOU’s from a player, loan money to any person on a ring, watch or other article of personal property for the purpose of securing tokens, chips or other representatives of money as an ante;

D.    To play any game except 10 ball, draw poker, pinochle, pangini, rummy, contract or auction bridge;

E.    To permit any gambling in any card game in excess of table stakes;

F.    To cash any bank checks for players in any cardroom;

G.    To remain open between the hours of two a.m. and eight a.m.;

H.    To allow any person under the age of twenty-one years to be present on the premises at any time;

I.    To operate a cardroom on other than the ground floor which shall be plainly visible by law enforcement officers from the entrance on the ground floor and which shall have no warning system for the approach of any police officer to any person or persons in or about such premises;

J.    To allow a person who is in a state of intoxication to play in a gambling game at a card table;

K.    To operate a cardroom without first posting in a conspicuous place on the premises a copy of the house rules and regulations and give notice that all persons will be required to comply with such house rules and regulations. (Ord. 190 §3, 1977).

5.06.040 License--Nontransferable--Suspension or revocation.

A.    Licenses issued under this chapter shall not be transferable and any attempt to transfer shall render the license in question invalid.

B.    Licenses under this chapter may be suspended or revoked by the city council upon the conviction of the licensee or any employee of said licensee for a violation of any of the provisions of this chapter, or upon conviction of violation of Section 330 of the Penal Code of the State of California or any other statutory provision of the state of California regarding gambling, or when in the opinion of said city council the continuous operation of such place or establishment would be injurious to the health, safety, welfare or morals of the people of the city.

C.    Upon the suspension or revocation of a permit by the city council, notice of such suspension or revocation shall be given in writing to the licensee and the licensee may appeal therefrom in the same manner as provided under Section 5.06.020, for denial of application. (Ord. 190 §4, 1977).