Chapter 5.10


5.10.010    License required.

5.10.020    Definition.

5.10.030    Change in ownership or location.

5.10.040    Minors prohibited.

5.10.050    Employment requirements.

5.10.060    Violation – License forfeiture.

5.10.070    Scope of regulations.

5.10.080    Activities not authorized.

5.10.090    License – Issuance.

5.10.100    License – Application.

5.10.110    Investigation of applicant.

5.10.120    Conditions of licensing.

5.10.130    Violation – Penalty.

5.10.010 License required.

It shall be unlawful for any person to maintain or operate any cardroom or allow playing of social games within the city of Burns without first making a written application and obtaining a license from the city therefor. Any person desiring to obtain a cardroom license shall make a written application directed to the common council and file the same with the city clerk, which application shall be signed by the applicant and shall specifically describe the premises wherein such business is proposed to be conducted. Said applicant shall likewise state the kind of business, if any, to be connected with any such cardroom and shall state the names of all persons interested in the ownership of such cardroom. Any person now owning or operating any cardroom under license of the city of Burns shall not be required to file the written application herein provided for until the expiration of the license now in force. As used in this chapter, “cardroom” includes a place where social games are played; “person” is defined as set forth in ORS 161.015(5). [Ord. 08-795 § 2, 2008; Ord. 657 § 1, 1988]

5.10.020 Definition.

A “cardroom” is defined as any place where one or more tables are maintained, whether or not a charge is made for the use of such table or tables, and does not include private homes where the general public is not permitted the use of such tables, or charitable organizations including churches. [Ord. 08-795 § 2, 2008; Ord. 657 § 2, 1988]

5.10.030 Change in ownership or location.

Any change made either in the ownership or location of any such cardroom without the consent of the common council after the license therefor shall have been granted shall render such license void and of no effect. [Ord. 08-795 § 2, 2008; Ord. 657 § 3, 1988]

5.10.040 Minors prohibited.

It shall be unlawful for any owner or person in charge of any cardroom to permit, suffer or allow any minor to go into, visit or to remain in a cardroom, and the owner shall have and keep posted at the entrance to any such room a sign reading “No Minors Allowed.” It shall be unlawful for any minor to go into, be in or remain in or about any such cardroom. [Ord. 08-795 § 2, 2008; Ord. 657 § 4, 1988]

5.10.050 Employment requirements.

It shall be unlawful for any person, firm or club who is licensed as a cardroom by the common council to knowingly employ in or about such licensed premises any person who has been convicted of a felony. [Ord. 08-795 § 2, 2008; Ord. 657 § 5, 1988]

5.10.060 Violation – License forfeiture.

Conviction in any court of a violation of the provisions of this chapter shall result in the immediate forfeiture of the business license of the owner or operator. Thereafter such owner or operator shall not maintain or operate a cardroom until the consent of the city is obtained based upon reapplication for such a business license. [Ord. 08-795 § 2, 2008; Ord. 657 § 6, 1988]

5.10.070 Scope of regulations.

As authorized by ORS 167.121, this chapter provides for and authorizes the playing or conducting of a social game in a private business, private club or in places of public accommodation, and provides for the regulation and licensing of the same. Nothing in this chapter shall be construed to prohibit the playing of a social game as defined by law in a private home where no house player, house bank or house odds exist and there is no house income from the operation of said social game. Playing of social games in a private home as described herein shall not be regulated or licensed. [Ord. 08-795 § 2, 2008; Ord. 657 § 7, 1988]

5.10.080 Activities not authorized.

Neither this chapter nor anything herein shall authorize bookmaking, gambling, gambling devices or paraphernalia, promotion of gambling or other gambling activities otherwise prohibited by federal, state or local law. [Ord. 08-795 § 2, 2008; Ord. 657 § 8, 1988]

5.10.090 License – Issuance.

Licenses for cardrooms and social games shall be issued at the times and in the manner established for issuance of general occupation licenses as provided by Chapter 5.05 BMC, except as otherwise provided herein. At the time of the application and issuance of any license under this chapter, the applicant shall pay to the clerk the license fee therefor, which shall be the sum of $210.00 for each six months’ period or fraction thereof. No activity licensed by this chapter shall be conducted or allowed in any such place until such license fee established under this chapter has been paid, and a license has been granted. [Ord. 08-795 § 2, 2008; Ord. 657 § 9, 1988]

5.10.100 License – Application.

Applications for cardroom and social game licenses hereunder shall be made upon blank forms prepared by the city clerk and shall state:

(1) The full name, age, residence, present and previous occupations of all persons financially interested in the game, business or place in which the game will be operated.

(2) The past criminal record, if any, of all persons who may have an interest in the business and licensed activity.

(3) A specific description of the location of the principal place of business of the applicant, and of the location of the social game when in operation.

(4) Information concerning the type or types of social game or games to be played, number of card or game tables to be used, maximum betting of each game and sworn statement from the applicant that there will be no house player, house banker, house odds or house income directly from the operation of the social games.

(5) Such other information as the city shall reasonably require in order to effectuate the general purpose of this chapter and to make a fair determine whether the terms hereof have been complied with. [Ord. 08-795 § 2, 2008; Ord. 657 § 10, 1988]

5.10.110 Investigation of applicant.

Upon the filing of an application for a cardroom or social games license, the chief of police shall investigate and determine if the character and integrity of the applicant are such as to command the confidence of the public, and if the applicant has ever been convicted of any felony or misdemeanor involving moral turpitude. Upon completion of the investigation, the chief of police shall report his findings on the applicant to the common council, which shall then act upon the application at a regular or special meeting of the common council. Licenses under this chapter shall be granted only to persons of ascertained good moral character and upon approval of the common council. [Ord. 08-795 § 2, 2008; Ord. 657 § 11, 1988]

5.10.120 Conditions of licensing.

(1) Revocation and Suspension. Licenses issued hereunder shall be subject to revocation or suspension by the common council for good cause shown.

(2) Renewal. No renewal of a license issued under this chapter shall be issued without the approval of the common council.

(3) Areas within licensed premises used for cardrooms and social games shall be accessible for police inspection upon police request. [Ord. 08-795 § 2, 2008; Ord. 657 § 12, 1988]

5.10.130 Violation – Penalty.

Violation of this chapter is punishable as a Class B violation under ORS 153.018. [Ord. 08-795 § 2, 2008; Ord. 657 § 13, 1988]