Alhambra Municipal Code Ch. 5.54 Cardrooms

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CARD ROOM. Any place maintained, operated, or conducted for the purpose of playing card games of any nature by members, guests, or other persons where:

(1) A fee is charged either as membership dues or for admission or for the privilege of playing in the card games; or

(2) Any collection or donation of money is made or received. CARD ROOM shall not include:

(a) A card school, which means any place maintained, operated, or conducted for the purpose of giving instructions in the playing of card games of any kind.

(b) A private home, residence, or social club or gathering where card games are played socially only and incidental to the primary use of the premises and where no fee or admission charge or donation is imposed or collected for the purpose of playing in the game.

PERSON. Includes person, firm, association, copartnership, joint venture, and corporation, whether acting as principal or agent, manager, clerk, employee or servant, either for or on behalf of himself or herself or for any other person, firm, association, copartnership, joint venture, corporation or other entity owning, operating or proposing to operate a cardroom in the city.

('86 Code, § 5.54.010) (Ord. 3214, passed - - )

It shall be unlawful for any person to maintain, operate, conduct or carry on, directly or indirectly, any cardroom without a permit therefor having been issued in accordance with the provisions of this section. No permit issued shall authorize the conduct of any card game which is prohibited by the Cal. Penal Code or Title 9 of this code or by any other ordinance or law of this city, and any permit issued in violation of such state code or ordinance or law shall be void. Any person who knowingly plays cards for money in a premises which does not have a valid license and permit issued by the city, in accordance with the provisions hereof, shall be guilty of a misdemeanor.

('86 Code, § 5.54.020) (Ord. 3214, passed - - ) Penalty, see § 1.12.010

Each application for a permit shall be made in writing on a form furnished by the City Treasurer and shall be filed in the office of the City Treasurer and shall contain the following information:

(A) If the applicant is a corporation, the names of any person owning more than 10% of the stock; if a partnership, the names of all partners; if an association, the names of all members;

(B) The address of the premises for which the permit is requested;

(C) The type of game to be conducted;

(D) The number of tables of other units to be placed, employed, or used;

(E) A description of any other business conducted or proposed to be conducted at the same location;

(F) A description of the building in which the business proposed to be permitted and licensed is to be housed, giving the dimensions and type of construction;

(G) The location of any other cardroom or card school operated by the applicant or in which the applicant or any person signing the application has an interest;

(H) A statement that the applicant has read the provisions of this section, understands the same and agrees to comply with the same;

(I) Whether or not the applicant or any officer or director, or member of applicant, as the case may be, has ever been arrested or has ever been convicted in any court for any crime;

(J) The names and addresses of the persons who have authority or control over the place for which the license is requested and a brief statement of the nature and extent of such authority or control;

(K) The hours of operation;

(L) Such information as to management, authority and control as the Chief of Police may require in order to enforce the provisions of this chapter relating to such place, including three sets of fingerprints of the applicants and any others that the Chief of Police may require;

(M) Such other information as the Chief of Police may require.

('86 Code, § 5.54.030) (Ord. 3214, passed - - )

Each such application shall be signed and verified by each person required by § 5.54.030, above, to be named in the application.

('86 Code, § 5.54.040) (Ord. 3214, passed - - )

Each application for a permit hereunder shall be accompanied by fees and deposits, payable to the city as follows:

(A) An application fee in an amount established by City Council resolution which shall be nonrefundable and retained by the city for payment of the costs of investigating the applicants;

(B) A permit fee in an amount established by City Council resolution which shall be the property of, and retained by, the city in the event the permit and license applied for are issued, but which shall be returned to the applicant if such permit and license are not issued; and

(C) In the event a license and permit are granted, additional fees shall be payable to the city by the permittee in an amount established by City Council resolution per quarter, plus an amount established by City Council resolution per table per quarter.

('86 Code, § 5.54.050) (Ord. 3214, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

(A) Duty to investigate. The Chief of Police shall make an investigation of each original application for permit to operate a cardroom;

(B) Additional information required. If, during the course of such investigation, the Chief of Police desires additional information to assist him in determining whether or not to issue such permit he is authorized to require the applicant to furnish such additional information, including, but not being limited to, additional information reasonably necessary to ascertain the identity and interest of the applicant and of persons other than the applicant who may be associated with him as principals or partners or who may be in partial or total control of the establishment to be operated under the permit, and also additional evidence as to the character, prior conduct and general fitness of the applicant and of persons other than the applicant who may be associated with him as principals or partners or who may be in partial or total control of the place to be operated under the permit.

(C) Building, planning and fire investigation. The Superintendent of Building, the City Planner and the Chief of the Fire Department shall also make an investigation of such application.

(D) Report of investigations. At the conclusion of their respective investigations, each of the foregoing department heads shall make his report and recommendations to the City Manager, who shall transmit the same to the City Council.

('86 Code, § 5.54.060) (Ord. 3214, passed - - )

If the City Council finds that applicant, its officers, managers or employees, are not of good moral character, or that any of such persons has been convicted of a felony, it shall refuse to issue such permit otherwise, it shall grant such permit on the terms and conditions set forth in this chapter.

('86 Code, § 5.54.070) (Ord. 3214, passed - - )

(A) Change of ownership. No permit shall be transferred except as provided in this section. When a business for which a permit has been issued is sold or transferred, any permit for a cardroom or card school shall be deemed revoked, and the successor or transferee shall make application for a permit in the same manner as the original application.

(B) Change of location. A permit issued for a particular location shall authorize the permittee to conduct the permitted business at such location only, and such permit shall not be used for conducting such business at any other location.

('86 Code, § 5.54.080) (Ord. 3214, passed - - ) Penalty, see § 1.12.010

The following rules and regulations shall apply to and constitute a part of all permits to operate cardrooms issued under the provisions of this chapter:

(A) No cardroom shall be opened for the playing of cards therein and no cards shall be played therein except between the hours of 4 p.m. and 12 a.m.

(B) No music or dancing shall be permitted in any cardroom.

(C) No alcoholic beverages shall be possessed sold, or consumed on the premises.

(D) No cardroom shall be maintained or operated in or upon any premises having any door or opening connecting the same with any other premises where alcoholic beverages are sold or consumed.

(E) No person under the age of 21 years shall be present in or play in any cardroom.

(F) No device or equipment, other than card tables, cards, and scoring devices, which could be or are used for gambling or amusement purposes, shall be kept or operated in any cardroom.

(G) A schedule of all membership fees, playing fees or charges, as well as prices of refreshments and food offered, shall be posted conspicuously in all rooms of the cardroom.

('86 Code, § 5.54.090) (Ord. 3214, passed - - ) Penalty, see § 1.12.010

Any permit issued under this chapter may be revoked for violation of any of the provisions of this chapter or for any cause which would be grounds for denial of a permit or if the operation of any such cardroom constitutes a public nuisance.

('86 Code, § 5.54.100) (Ord. 3214, passed - - )