Alturas Municipal Code Art. II Card Room

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Card room. Any room or place wherein there is kept or maintained one or more tables at which people play with cards, or designed for such play.

Prohibited game. Any game of skill or chance prohibited by the laws of the state, the provisions of this Code or any other ordinances of the city.

(Ord. No. 142, §§ 1, 7; Ord. No. 413, § 2.)

It shall be unlawful for any person either as owner, agent, servant, employee or otherwise, to open, conduct, maintain or carry on any card room within the city without obtaining a license therefor as provided in this article.

(Ord. No. 142, § 2.)

Any person desiring to open, conduct, maintain or carry on any card room within the city, shall make application to the license collector of the city for a license to do so. Such application shall be in writing, signed by the applicant or his duly authorized agent, and shall be in substantially the following form:

Alturas, Cal. ________, 19___

"Application is hereby made for license to conduct within the City of Alturas, a card room in accordance with the provisions of chapter 3 of the Code of the City of Alturas, and in support of such application states and agrees as follows:

"Applicant's name .....

"Applicant's status (person, firm or corporation) .....

"Description of premises at and in which it is proposed to conduct business for which license is sought .....

"Number of card tables to be kept .....

"Other business proposed to be conducted in connection with the business for which license is sought .....

"In consideration of the granting of the license herein applied for the applicant herein expressly agrees:

"(a) To pay all license fees or charges as provided in chapter 3 of the Code of the City of Alturas.

"(b) That no person under the age of twenty-one years shall be permitted in, or about the premises wherein the business is conducted for which license is sought.

"(c) That no game prohibited by state law, provisions of the Code of the City of Alturas or any other ordinance shall be permitted upon or about the premises where such business is conducted.

"(d) Repealed by Ord. No. 425, § 1.

"(e) That no person showing any visible indication of intoxication shall be permitted to remain in, or be upon or about the premises wherein the business is conducted for which license is sought.

"(f) That no disorderly conduct be permitted on the part of any person, in, upon or about the premises.

"(g) Repealed by Ord. No. 413.

"(h) That all peace officers having jurisdiction within the city shall be permitted at all times, except when the premises are closed and unoccupied, to enter the same and inspect all merchandise or other property kept or maintained therein.

"(i) The city council may revoke any license granted upon this application upon the violation of any of the agreements herein contained by the applicant herein, or by any of his agents, servants or employees, or upon the commission upon the premises by any person of any act which it is agreed herein shall not be permitted therein or thereupon, and which the applicant, his agents, servants or employees might, by the exercise of reasonable diligence, have prevented."

_____

(Signature of Applicant)

(Ord. No. 142, § 3; Ord. No. 413, §§ 3-6; Ord. No. 425, § 1.)

(a) Upon the filing of the application as provided in section 3-6 and the payment of the required license tax, the city shall issue to the applicant a license to conduct a card room for the period for which the license tax shall be paid.

(b) Such license may be renewed from time to time by the payment of the required license tax, and the original application shall be deemed to apply to all such renewals.

(c) Any person to whom a license is granted pursuant to this article shall pay to the city a normal business license tax or fee, and in addition thereto such sum per gaming table per year as may be fixed by resolution of the city council.

(Ord. No. 142 §§ 4, 5; Ord. No. 413 §§ 7-9.)

Any license issued pursuant to this article may be revoked for cause by order of the city council, if it appears to the city council that any of the provisions of this article or any of the terms or conditions of the application whereon such license was issued have been violated. For the purpose of securing such revocation, complaint in writing may be filed with the city council by any citizen of the city, or by any peace officer of the city having knowledge of the facts. Such complaint shall be signed by such citizen or peace officer, and shall in a concise manner set forth the facts constituting a violation of this article or of the terms or conditions of the application on which such license is granted. Thereupon, the city council shall, by order, fix a time and place for the hearing of the complaint, and direct the licensee to appear and show cause, if any, why the license should not be revoked. The time for hearing thus fixed shall be not less than five nor more than ten days from the date of the making of such order, and a copy of such order together with a copy of the complaint in such matter shall be personally served upon the licensee, or left for such licensee with his agent, servant, employee or other persons who may be in charge of the premises wherein the business is conducted for which such license was issued. Such service shall be made by the chief of police of the city at least three days before the day fixed for such hearing. At the time and place fixed for the hearing of such matter, or at such other time and place to which the hearing may be continued, the city council shall proceed in hear testimony in support of the complaint, and also on behalf of the licensee, adopting such method of procedure as shall be deemed necessary by the city council to the end that substantial justice may be done. Testimony given shall be upon oath administered by the mayor. Upon the conclusion of the evidence, the city council shall, in executive session, at which no one except members of the city council and the city clerk shall be present, determine whether or not the provisions of this article or the terms or conditions of the application on which the license was granted, have been violated. If a majority of the city council determine that there has been such violation, they shall, in regular session, enter upon their minutes their finding that there has been such violation, declaring the license revoked by reason thereof and the sum deposited with the application therefor forfeited to the city. In case the city council shall find that there has been no violation of this article or of the terms or conditions of the application under which the license was granted, they shall enter upon their minutes a dismissal of the proceeding. In case of the revocation of a license for cause as herein provided, no further license shall be issued to the applicant hereunder, nor shall such license be issued for any business described in this article in which he is directly or indirectly interested, for the period of one year thereafter.

It is hereby made the duty of the chief of police, all special policemen and other peace officers of the city to promptly file complaint as herein provided in event of any violation of this article coming to their knowledge.

(Ord. No. 142, § 6; Ord. No. 413 § 10.)

It shall be unlawful for any person either as owner, principal, agent, servant or employee, having in charge any business for which license is issued under this article:

(a) To permit any person under the age of twenty-one years to remain in or about the premises.

(b) To permit any prohibited game in, upon or about such premises.

(c) To permit any disorderly conduct on the part of any person in, upon or about the premises.

(d) Repealed by Ord. No. 413.

(Ord. No. 142, § 7; Ord. No. 413 §§ 11-13.)