Antioch Municipal Code Ch. 4 Card Rooms

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

ACT. Cal. Bus. and Prof. Code, Division 8, Chapter 5, known as The Gambling Control Act.

CARD ROOM. Any room, enclosure, or space furnished with a table or tables used, or intended to be

used, as a card table for the playing of cards and similar games, the use of which table is available to the public, or any portion of the public.

CARD ROOM EMPLOYEE. Any natural person employed in the operation of a card room, including, without limitation, dealers, floor personnel, security employees, countroom personnel, cage personnel, collection personnel, surveillance personnel, data- processing personnel, maintenance personnel (but not personnel involved only in maintenance of the exterior of the premises), waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to card rooms.

COMMISSION. The California Gambling Control Commission.

LICENSE. Any license issued by the Commission pursuant to the Act and regulations adopted pursuant to the Act authorizing the holder to operate a card room operation or be employed in the operation of a card room in a supervisory capacity.

WORK PERMIT. Any card, certificate, or permit issued by the Commission, authorizing the holder to be employed as a card room employee.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-10-15)

(A) It is hereby found and determined that the public health, safety, and welfare require that the number and location of licensed card rooms in the city be limited, and the following regulations are required to fulfill such objectives:

(1) The total number of licensed card rooms permitted in the city shall be no more than those in operation as of September 1, 2015 and licensed by the city on that date, unless otherwise limited by the Act or subsequent state law.

(2) When, pursuant to the provisions of this section, a card room license can be granted, it shall be granted or denied in the numerical order in which the application was made, all applications being subject to the provisions of this chapter.

(3) No card room license shall be granted, nor shall the transfer of the location of an existing card room license be authorized, until a use permit and the approval of the Council has first been obtained. A use permit may be granted if the proposed location will be desirable to the public convenience or welfare and will be in harmony with the zoning provisions, the General Plan, this subchapter and any specific plan and if the location is proper in relation to adjacent uses.

(4) No more than one card room license shall be issued for the downtown area. The downtown area is described as that territory bounded by the San Joaquin River to Sixth Street and L to A Streets. The Council finds that in the past an undue concentration of card rooms in the downtown area has helped lead to blighting conditions.

(5) A card room shall not be located within 1,000 feet of a public or private pre-school or K-12 school, a licensed hospital, medical clinic, alcohol or other drug abuse recovery or treatment center, or community care residential facility providing mental and/or social rehabilitation service, a public park or playground, a public library, a church or place of worship, or another card room or place where gambling is permitted. The footage distance shall be measured from the closest point on the exterior property lines of the card room establishment to the closest point on the exterior property lines of the other property. The location of a card room that was licensed and operating at that location as of September 1, 2015 is exempt from this subsection.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)

(A) Application to Commission; requirements. Every person making an application for a card room license shall submit an application under oath to the Commission for review and consideration, pursuant to the procedures and fee schedule in the Act and regulations set by the Commission. The City Council shall not consider an application for a city Card Room License until the Commission has granted a card room license to the applicant for the requested location.

(B) Application to city; requirements. Every person making an application for a card room license shall submit an application, under oath, to the Chief of Police, which shall include the following:

(1) The true names and addresses of the applicant and of all persons financially interested in the business. PERSONS FINANCIALLY INTERESTED shall include all persons who share in the profits of the business in any form;

(2) The criminal record, if any, of any of the persons named in the application;

(3) The fingerprints and photographs of the applicant and of all persons financially interested in the business;

(4) Any other information required by the Chief of Police; and

(5) Any application fee and/or deposit required under the Master Fee Schedule.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

(A) Denial by Commission; grounds. The Commission, upon the receipt of the application, shall either grant or deny the application. Denial may be upon one or more of the grounds in the act and/or regulations set by the Commission.

(B) Denial by the Council; grounds. The Council, upon the receipt of the report of the Chief of Police, shall either grant or deny the application. A license application for a new license or the transfer of an existing license shall be denied if the Council finds one or more of the following:

(1) That the applicant or any person financially interested in the applicant or business has been convicted of a felony;

(2) That, in the opinion of the Council, the applicant or any person financially interested in the applicant or business is not of good moral character;

(3) That any of the information furnished or required in the application or submitted in connection with the application was false or misleading, or material information was omitted with the probable intent to conceal the facts; and

(4) That, in the opinion of the Council, the proposed location for the card room would be incompatible with the uses being made of the property in the immediate vicinity or injurious to the health, safety, or morals of the people of the city.

(5) That the applicant or a person financially interested in the applicant or business, does not have a state gambling license or license endorsement for the card room in good standing. For the purposes of this subsection, a license or owner’s license endorsement is not in good standing if the state license or endorsement expired without a new license or endorsement being issued prior to its expiration, the license has been suspended or revoked by the Commission, or the applicant is subject to a pending disciplinary accusation before the Commission which seeks revocation of the applicant’s state gambling license.

(C) Denial; effect. Denial of the application shall cause the applicant to lose his place on the numerical ranking list. If the applicant desires future consideration, he shall file a new application, which shall be placed at the bottom of the numerical ranking of applicants.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)

In addition to the other requirements contained in this chapter, no new license shall be issued for a card room other than in an established place of business of sufficient size and volume that the already established business is the major business of the place rather than the business of operating such card room. This section does not apply to licenses issued under § 5-4.08.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)

(A) Every person conducting, using, and/or maintaining on premises owned, used, or leased by him any card room or card tables which may be used by patrons of the premises shall pay a license fee in the amount established in the Master Fee Resolution and the fee schedule in the Act and regulations set forth by the Commission.

(B) The license fees for card tables shall be in addition to any other license fees or taxes imposed upon the established business therein.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

If any person conducting a card room shall fail to pay the fees specified by § 5-4.06 of this article or other fees, rates or taxes pursuant to the Antioch Municipal Code or Master Fee Schedule following notice from the Finance Department that such fees are delinquent, the Director of Financial Services shall so notify the Chief of Police. The Chief of Police shall notify the licensee of the intention of the Chief of Police to revoke the card room license for failure to pay the fees, rates or taxes. If such fees, rates or taxes are not then paid within ten calendar days after such notice, the Chief of Police shall revoke such license. During the ten calendar day time period, the licensee may have the opportunity to present to the Chief of Police evidence that the amount of fees, rates or taxes being assessed is incorrect. The Chief of Police may order the adjustment of the fees, rates or taxes being imposed. If payment is made prior to revocation, a 50% penalty shall be added to the fees, rates and taxes due and owing. The remedy of revocation shall be in addition to the civil or criminal remedies available to the city.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

(A) Except as provided in § 5-4.08 of this chapter, no card room license shall be assignable or transferable, except that a city gambling license that was in effect on September 1, 2015 for a card room in operation on that date may be transferable to the purchaser, heir or other successor in interest of that established business where the license is used and operated; however, the transferee, before operating the card room, shall obtain permission for the card room license transfer from the Council in the same manner as for an original issuance under § 5-4.04, the Chief of Police forwarding his report and recommendation to the Council prior to action being taken. The approval or disapproval of any card room license transfer permitted by this section shall be within the sole discretion of the Council based on the criteria established by this chapter and in compliance with § 5-4.04. If a request for a license transfer has not been made within 60 days after the business sale takes place, the card room license shall expire.

(B) For a license that was in effect for a card room operating on September 1, 2015, in the event the existing business to which the card room license is necessarily attached reverts to the former card room license holder because of the nonpayment of the purchase price or by reason of contract, operation of law, or otherwise, the card room license may be transferred to the former card room license holder subject to Council approval under § 5-4.04. In all other cases, the license shall automatically expire.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)

(A) The Council may suspend or revoke a card room license on any of the grounds set forth in § 5-4.04 of this chapter, on the ground that the card room business has become the main business of the establishment, or on the ground that the licensee has violated a provision of this chapter. If a card room license is not used by the operation of card tables on the premises to which the card room license is attached for a period of six consecutive months, the card room license shall automatically expire.

(B) However, a card room license may be moved from one established business location to another by the licensee provided the new location has been first approved by the Council within six months after card room activity has ceased at the premises to which the card room license was last attached. The Council may grant an additional six months for a business relocation upon a showing of hardship by the licensee.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

No person shall work as a card room employee without first obtaining a work permit from the Commission, nor shall any licensee of a card room employ any person as a card room employee who does not possess a valid work permit.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

An applicant for a card room work permit shall submit his or her application to the Commission for review and consideration, pursuant to the procedures and fee schedule in the act and regulations set by the Commission.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

No card room work permit shall be assignable or transferable.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

The Chief of Police may temporarily suspend a work permit on the ground that the permittee has violated any provision of this chapter or the Act, pending action by the Commission.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

No person, either as a licensee or employee, shall maintain, operate, or permit any act within a card room in violation of any of the following regulations:

(A) Not more than one card room shall be located at one business location.

(B) Four card tables shall be automatically allowed per card room. The Council, in its discretion, may allow up to six card tables per card room. No more than half the card room tables may be operated for any player-dealer games as defined in Penal Code § 330.11.

(C) The number of players permitted at one card table shall be no more than ten, except for poker tournaments.

(D) Card rooms shall be open to police inspection during all hours of operation.

(E) Each card table, during the time of play at such table, shall have assigned to it a person holding a valid work permit. Such person shall be in charge of, supervise, and conduct the game strictly in accordance with the laws of the state and the provisions of this chapter.

(F) Only game authorized by state law to be played shall be permitted to be played in any card room.

(G) Only table stakes shall be permitted.

(H) No person under the age of 21 shall be permitted at any card table, or participate in any game, or remain in a card room.

(I) No intoxicated person shall be permitted in any card room.

(J) The licensee shall post in every card room, in letters plainly visible throughout the room, signs stating the hourly rate or cost per hand charged for the use of the tables in such card room and each other of the regulations set forth in this section as the Chief of Police may require.

(K) Each card room shall adopt a schedule of the hours of operation, after the schedule has been approved by the Chief of Police. Such approved schedule of hours shall be clearly posted at the gambling establishment so as to give law enforcement and patrons adequate notice of the hours of operation. Unless otherwise restricted, a card room may be allowed to operate 24 hours each day.

(L) (1) No player in any licensed Antioch card room shall be permitted to wager or raise a wager by more than the following amounts:

(a) $200 for individual bets in Blackjack or California games that feature a rotating player-dealer position, except for games described in division (c) which shall have higher limits;

(b) $200 for individual bets in Limit Poker games;

(c) $500 for individual bets in No Limit and Double Hand Poker games; and

(d) $50 for individual bets in any other card room game permitted by California law.

(2) Any licensed card room may increase their current wagering limits as stated above, provided, however, that no card room may increase its wager limit in any amount for any game until it has received prior approval from the Chief of Police. During hours of operation, card rooms shall clearly post the wagering limit rules at the tables where the games are offered, to provide patrons adequate notice of those rules.

(M) Each card room shall be responsible and liable for its patrons’ safety and security in and around the card room. Each card room shall adopt an operations plan, including security guards, video surveillance, and other measures to provide for the safety and security of patrons, after the plan has been approved by the Chief of Police.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)

No person shall play, deal, carry on, open, or cause to be opened, conduct, or bet at or against any game not prohibited by the laws of the state with cards, dice, or any device for money, checks, credit, or other representative of value, except when played in a card room licensed pursuant to the provisions of this chapter.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095, passed 2-24-15)

The provisions of this chapter shall not be construed to permit the licensing of any card room for the playing of any game prohibited by the laws of the state.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

Any nonprofit society, club, or fraternal, labor, or other organization, having adopted bylaws and duly elected directors and members, may be excluded from compliance with the provisions of this chapter by applying to the Council and if the Council finds that the tables are for the exclusive use of the members of the organization and that no charge is made for the use of card room facilities.

(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)

Any expansion of gambling in the City of Antioch shall require a vote of the people at a statewide general, statewide primary, or regularly scheduled municipal election date. For the purposes of this Act, EXPANSION OF GAMBLING means any change that conflicts with The Citizens Initiative Against Gambling Expansion, increases the number of city card room licenses, or increases the number of gambling tables that may be operated under § 5-4.14(B) to more than eight table.

(Measure E Initiative, adopted 6-7-16)