Blythe Municipal Code Ch. 5.24 Cardrooms

Footnotes:

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Prior ordinance history: Ords. 598 and 716.

For the purpose of this chapter, the following words and phrases shall be defined as follows:

"Cardroom" means any space, room or enclosure, furnished or equipped with a table used or intended to be used as a card table for the lawful playing of controlled games as defined in California Penal Code Section 337j (e) or any successor statutes thereto.

"Cardroom employee" means any dealer, overseer or other person directly connected with the operation and supervision of controlled games in a cardroom excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervising.

"The Gambling Control Act" means the Gambling Control Act, as set forth in California Business and Professions Code Section 19800 et seq., or any successor statutes thereto.

(Ord. 760 § 1 (part), 1999)

A. It shall be unlawful for any person to engage in, carry on, maintain or conduct, or to be engaged in, carried on, maintained or conducted, any cardroom in the city without first obtaining a license from the city to do so in accordance with the provisions of this chapter.

B. Any nonprofit society, club, fraternal, labor or other organization having adopted bylaws, duly elected directors and members which have card tables for the exclusive use of its members, and where no charge is made for any of the facilities, shall be exempt from the provisions of this chapter.

(Ord. 760 § 1 (part), 1999)

A. Application for a cardroom license shall be made to the city manager upon such form as the city manager may prescribe. Such application shall include, among other things, the following:

1. The names and addresses of all persons financially interested in the business proposing to operate a cardroom. The term "persons financially interested" shall include all persons who share, directly or indirectly, in the income of the business on the basis of gross or net revenue;

2. Previous criminal record, if any, of the applicant and of all persons financially interested in the business;

3. Physical descriptions of the applicant and of all persons financially interested in the business;

4. A copy of a valid gambling license issued to the applicant pursuant to the Gambling Control Act. If the applicant is not a natural person, then this requirement shall apply to the applicant and to each person required by the California Gambling Control Commission to also have a license for that cardroom.

B. Such application shall be certified as to its correctness by the applicant under penalty of perjury.

C. On receipt of a copy of a valid gambling license and a completed city application form, the city manager shall issue the applicant a cardroom license subject to the following provisions:

1. No cardroom license shall be issued, re-issued or renewed unless the cardroom is located or proposed to be located in a commercial zone, i.e., a zone in which the word "commercial" appears in the title, or a valid use permit has been obtained for the cardroom as authorized by the city zoning regulations; and

2. No cardroom may be located near any unsuitable area, as specified in California Business and Provisions Code Section 19852A(a)(3) or any successor statues thereto.

(Ord. 760 § 1 (part), 1999)

The applicant for a cardroom license shall pay a license fee with the application. The entire fee shall be retained by the city. The amount of the license fee shall be established by city council resolution.

(Ord. 760 § 1 (part), 1999)

Those establishments holding valid cardroom licenses at the time of the passage of the California Gambling Control Act on January 1, 1998, shall have the right to continue operation, subject to compliance with the act until the expiration of their license. A license issued pursuant to this chapter shall be valid until the end of the city's fiscal year in which such license is issued.

(Ord. 760 § 1 (part), 1999)

No person shall be granted more than one license to conduct a cardroom.

(Ord. 760 § 1 (part), 1999)

No license issued pursuant to this chapter shall be transferable or assignable.

(Ord. 760 § 1 (part), 1999)

No more than five card tables shall be allowed to operate in the city, and no more than five card tables in each cardroom. There shall be no more than five cardroom licenses issued in the city at any one time. Each cardroom license shall set forth the number of card tables authorized for that cardroom. The city council may amend this section to decrease the number of card tables or cardrooms allowed in the city when it determines that it is in the best interest to do so. The number of card tables or cardrooms may be increased only to the extent allowed in California Business and Professions Code Section 19950.1.

(Ord. 760 § 1 (part), 1999)

Cardroom employees as deemed herein shall obtain a work permit in accordance with the provisions of this chapter.

(Ord. 760 § 1 (part), 1999)

A. Application for a cardroom employee work permit shall be made to the city manager upon such form as the city manager may prescribe. Such application shall include, among other things previous criminal records, if any, of the applicant.

B. The application shall be certified as to its correctness by the applicant under penalty of perjury.

C. The applicant must provide a set of their fingerprints for submission to the Department of Justice for a criminal history background check.

D. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any reasons specified in California Business and Professions Code Section 19850.

E. Any application for a work permit shall be subject to objection by the Department of Justice, Division of Gambling Control. If the Division objects to the issuance of a work permit, it shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act (California Business and Professions Code Section 19801 et seq).

F. On receipt of a copy of a valid work permit and a completed city application form, the city manager shall issue an employee work permit.

(Ord. 760 § 1 (part), 1999)

The applicant for a cardroom employee work permit shall submit, along with the application, a non-refundable fee in an amount determined by resolution of the city council.

(Ord. 760 § 1 (part), 1999)

Such work permits shall be valid until the end of the city's fiscal year in which such permit is issued. Only one such work permit shall be required each fiscal year even though the holder thereof may change places of employment within the city.

(Ord. 760 § 1 (part), 1999)

Any person aggrieved by any decision or determination made pursuant to this chapter may appeal to the city council.

(Ord. 760 § 1 (part), 1999)

It is unlawful to operate a cardroom in violation of any of the following regulations and rules:

A. Location. Not more than one cardroom shall be located at any one address or within any building. A cardroom shall not operate at any location for which the city zoning regulations do not authorize such use or in the alternative a valid use permit is not in effect pursuant to the city zoning regulations of this code.

B. Minors. No person under the age of twenty-one shall be permitted at any card table, nor shall participate in any game played thereat. This subsection does not permit greater access to cardrooms than what is set forth in the California Business and Professions Code Section 19915.5 or any successor statutes thereto.

C. Hours of Operation. Cardrooms may operate twenty-four hours a day, seven days a week. Each cardroom shall adopt a schedule specifying its hours of operation. Each cardroom shall clearly post at its location the schedule specifying its hours of operation so as to give law enforcement and patrons adequate notice of the hours of operation.

D. Police Inspection. All cardrooms shall be open to police inspection during all hours of operation, or at any other time which, in the judgment of the chief of police, it is necessary to inspect for violations of this chapter.

E. Doors to be Unlocked. During the hours of operation, all entry and exit doors shall be unlocked and accessible to the general public.

F. Supervision of Tables. Each card table shall have assigned to it a person whose duty shall be to supervise the game and to see that it is played strictly in accordance with the terms of this chapter and with the provision of the Penal Code. Such person may have more than one table under supervision at any one time but shall not, however participate in the game unless such person is clearly identified on a nameplate or such other visible means of identification as an employee of the establishment.

G. Signs to be Posted. There shall be posted in every cardroom in letters plainly visible from all parts thereof signs stating such information relating to the regulations contained herein as the city manager may require including, but not limited to, the amount of time charge for participation, the hours of operation in the cardroom, and the watering limits established by that cardroom.

H. Intoxicated Persons. No person who is in the state of intoxication shall be permitted in a cardroom. This subsection does not prohibit other grounds for removing individuals from cardrooms as set forth in California Business and Professions Code Section 19835.5A or by successor statutes thereto.

I. "Cuts" of Pots. The operator of a cardroom shall establish a reasonable time charge to customers and there shall not be permitted any "rakeoff" or "cut" of any pots or bets.

J. No "Shills." In addition to the limitations set forth in subsection F of this section, no other person employed by or receiving consideration from the cardroom establishment shall participate in any card game unless such person is clearly identified on a nameplate or such other identification as an employee of such establishment.

K. Solicitation of Players. No cardroom operator or employee shall solicit or induce a person to participate in a card game by offering or providing to such person free food or drink.

L. Money on Tables, Etc. It is illegal to have money on any card table or to use money in any card game.

M. Exhibition of Permits. Operators and employees shall present their state and city licenses or permits on demand of any law enforcement officer.

N. Security. Each cardroom shall be responsible and liable for its patrons' safety and security in and around it. Each cardroom shall adopt and enforce a plan that is sufficient to provide for the safety and security of its patrons.

O. Wagering Limits. Each cardroom shall be unlimited.

(Ord. 760 § 1 (part), 1999)

(Ord. No. 838, § 1, 1-26-10)

The city council declares that it is not the intention of this chapter to permit the licensing of any cardroom for the playing of any game prohibited by the laws of the state, including but not limited to, those games enumerated in Section 330 of the Penal Code or any successor statues thereto.

(Ord. 760 § 1 (part), 1999)