Bakersfield Municipal Code Ch. 5.16 Cardrooms

Sections: 5.16.010 Definitions. 5.16.020 Permit required. 5.16.030 Application—Issuance—Fee. 5.16.040 Regulations. 5.16.050 Revocation. 5.16.060 Appeal.

• Prior history: Prior code §§ 7.34.010—7.34.110 and Ords. 2865, 2990, 3276.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

A. “Cardroom” is any space, room or enclosure, furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games, and the use of which is available to the public or any portion of the public; provided, that a cardroom shall not be a room to which the public is admitted and in which the sole card game played is duplicate bridge.

B. “Person” means any individual, partnership, corporation or association of any nature whatsoever. (Ord. 3437 § 1, 1992)

It is unlawful for any person to keep, maintain, operate or be employed in a cardroom in the city in violation of this chapter, or without having first procured and maintained a valid permit from the city manager or designee. (Ord. 3437 § 1, 1992)

A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than fourteen days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information:

1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height,
weight, eye color, hair color, driver’s license number, social security number, and arrest record, if any, of the
applicant, all persons who will be employed by the business, and all persons having a financial interest in the
business;

2. The name, mailing address and location of the business;

3. The business tax certificate number of the business; and

4. Prior permits held and whether such permits were ever revoked or suspended, and the reasons therefor.

B. The city manager or designee shall, in his or her discretion, issue a permit if he or she finds:

1. That the application is complete and truthful.

2. That neither the applicant nor any of his or her employees nor any person having a financial interest in
the business has been convicted of a crime substantially related to the qualifications, functions or duties of
the business for which application is made, unless he or she has obtained a certificate of rehabilitation.

3. That neither the applicant nor any of his or her employees nor any person having a financial interest in
the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit
himself or herself or another, or substantially injure another.

4. That the building and the business for which the application is made will be maintained and conducted
in accordance with all laws of the city and the state, including, but not limited to health, structural soundness,
fire safety and zoning.

5. That a valid business tax certificate has been issued for this card room.

6. That the applicant has not had a permit, issued under this section, revoked in the past five years, unless
the city manager finds that the reasons for such revocation are unrelated to this application.

7. That no more than the number of permits authorized by Section 5.16.040(D) is outstanding at any one
time.

C. All permits issued under this chapter shall remain in effect until December 31st of the calendar year of issue, unless earlier suspended or revoked. All permits issued under this chapter and in effect at the time of passage of the ordinance enacting this chapter, shall remain valid until December 31st of the year of such enactment, unless earlier suspended or revoked.

D. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040.

E. Permits may be issued with conditions to ensure that the cardroom will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources.

F. All applicants for a permit pursuant to this chapter shall be required to be photographed by the Bakersfield police department and fingerprinted. (Ord. 4449 § 1, 2007; Ord. 3437 § 1, 1992)

A. No person shall be granted a permit to conduct more than one cardroom or to maintain branch locations.

B. No cardroom shall operate at any time unless there is displayed in a location clearly visible to the public a valid permit, issued pursuant to the provisions of this chapter, to so operate.

C. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit.

D. No more than one cardroom permit per twenty thousand population within the city limits shall be issued and outstanding in the city at any one time. Permits shall be issued on a first come, first serve, basis. Priority as between applications made the same day shall be determined by a drawing conducted by the city manager or designee.

E. Not more than one cardroom shall be located at any one address.

F. No person shall deal, play, carry on, open, cause to be opened, or conduct any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, fan, fan-tan, stud-poker in any of its various forms, seven and one-half, twenty- one, hokey-pokey, or any banking or percentage game played with cards, dice, dominoes or any device, for money, chips, checks, credit or other representative of value, or bet at or against any of the prohibited games in any cardroom.

G. Not more than eight tables upon which any game of cards is played shall be permitted in any cardroom.

H. Not more than ten players shall be permitted at any one card table.

I. Cardrooms shall be located on the ground floor of the building in which they are located.

J. No minor shall be permitted in any cardroom, or participate in any game played thereat.

K. No person shall conduct or operate, or permit to be conducted or operated, a cardroom between the hours of two a.m. and six a.m. of the same day, nor shall any person, except the owner, manager or employee be, or remain, on the premises of a cardroom between the hours specified in this section.

L. All cardrooms shall be open to police inspection at any time.

M. No alcohol may be served or consumed in any cardroom, nor may any entrance to or from any pool hall or place where any alcoholic beverage is served or sold be permitted in any cardroom.

N. The cashing of bank checks for players shall not be permitted in any cardroom.

O. Each card table shall be assigned to a person whose duty shall be to supervise the game and see to it that it is played strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the State. This person may have more than one table under his supervision. He or she shall not, however, participate in any game.

P. All employees of the cardroom shall, at all times while in the cardroom, wear on their person, in plain view, a cardroom employee identification card so as to be readily identified as an employee by anyone who enters the cardroom.

Q. No signs or insignia advertising or relative to cardrooms shall be permitted upon the exterior of any premises used as a cardroom.

R. No person who is intoxicated shall be permitted in a cardroom.

S. No person who has been convicted of bookmaking, sale of controlled substances or illegal gambling activities shall be permitted in a cardroom.

T. No owner, operator or employee of a cardroom shall issue chips or money to a patron on credit or loan (including, but not limited to, the use of IOU’s, checks to be held, credit cards, or any transfer of anything of value without receipt of simultaneous payment or compensation therefor in a sum of United States currency or coin of equal value) or allow any patron to play on credit.

U. The provisions of subsections A, C, E, G, I, J and K shall not apply to a nonprofit fraternal or labor organization.

V. It shall be the duty of the permit holder to notify the administrative vice division of the police department, and the treasurer’s office, in writing, upon the severance of any cardroom employee. (Ord. 3437 § 1, 1992)

Any permit issued pursuant to this chapter shall be immediately revoked by the city manager whenever he or she finds:

A. That misrepresentations were made on the application; or

B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he or she has obtained a certificate of rehabilitation; or

C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or

D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. (Ord. 3437 § 1, 1992)

A. Should any applicant be dissatisfied with the decision of the city manager or designee not to grant a permit or for the revocation of a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager, which decision shall be final and conclusive.

B. Pending the hearing before the council, the decision of the city manager shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council’s decision. (Ord. 3437 § 1, 1992)