Arcata Municipal Code Art. 1 Card Rooms

For the purpose of this Article, a "card room" is defined to be any place where card playing for money occurs on a regular or irregular basis, whether for a profit or not, and to which the public is allowed to participate.

No person shall engage in or carry on, or maintain or conduct, any card room in this City without first securing a permit from the City to do so.

Application for a card room permit shall be made to the City Clerk, who, before issuing said permit shall refer said application to the Chief of Police for appropriate investigation and recommendation.

At the time the application is filed, the applicant shall pay to the City Clerk such application fee as may be adopted by resolution of the City Council from time to time.

The Chief of Police shall, within fifteen (15) days thereafter, submit in writing his recommendation either for or against the issuance of said permit. In the event the Chief of Police recommends against issuance of a permit, and on that basis a permit application is denied, the applicant may appeal such denial in the same manner as if his permit was suspended.

If the Chief of Police recommends against issuance of a license, he shall furnish to the applicant a written statement of the reasons for denial, if requested by applicant.

Any person aggrieved as a result of any such recommendation may file a written request for a hearing before the City Manager. If such person does not file a request for hearing within ten (10) days after the recommendation, then such recommendation shall be deemed final. If the City Manager denies the request, then the aggrieved person may appeal directly to the City Council, in writing, within ten (10) days of the Manager’s decision.

Any person in charge of a card room, or any agent or employee acting for or in behalf of any person having a card room permit, shall be at least twenty-one (21) years old and registered with the Police Department and such person, agent or employee shall furnish the Police Department with his photograph and fingerprints.

It shall be the duty of the owner or proprietor of any card room to require all agents, employees, or persons acting in his behalf to register with the Police Department.

The Chief of Police shall have authority to suspend for up to three (3) days any permit issued hereunder for a violation of any of the provisions of this Chapter or of any of the sections contained in Chapter IX and X, Title IX, Part I of the Penal Code of the State of California, or any amendment thereto, and to take possession of such permit pending a hearing on revocation which shall be held before the City Manager. Any suspension proposed for longer than three (3) days, or any proposed revocation, must be preceded by issuing a Notice of Intention to Review Permit to the permit holder. Such notice shall specify the action proposed to be taken, as well as the grounds therefore, and shall set a hearing before the City Manager.

Any person aggrieved as a result of suspension of a permit issued hereunder may file a written request for a hearing in the same manner as provided in Section 4022 of this Article.

The City Manager shall set a time for such revocation hearing, which hearing shall not be held on less than two (2) days’ notice and not more than ten (10) days from the date of suspension, unless such time or times shall have been waived by all the interested parties. The Manager’s decision may be appealed to the City Council within ten (10) days after the Manager’s review is held.

The Council hereby declares that it is not the intention of this Chapter to issue a permit for any card room for the playing of any game prohibited by the laws of this State, and particularly those games enumerated in the Penal Code of the State of California.

The permit fee for such card room shall be payable quarterly in advance at a rate as established from time to time by resolution of the City Council.

No minor shall be permitted to play at any card table or to participate in any game played thereat.

No minor shall be permitted to enter any card room or loiter therein.

All card rooms shall be open to police inspection during all hours of operation.

All card rooms must be situated on the ground floor of the establishment in which they are located.

All card rooms shall be closed at 2:00 a.m. and shall remain closed until at least 8:00 a.m.