Butte County Municipal Code Art. III Poker Games

The game of draw poker, including lowball poker, is permitted when played in a card room or other facility having a card room license, or in private residences when such games are not open to the public. A game is open to the public when participation is permitted other than by direct invitation of the tenant of the residence or when the game is for other than the social enjoyment of those present.

(Ord. No. 1789, § 2, 2-1-77)

For the purpose of this article, a "card room" is hereby defined to be 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, however, that this section shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization, as defined in section 15-78.

(Ord. No. 1789, § 2, 2-1-77)

It shall be unlawful for any person, for himself, or for any other person to engage in or carry on, or to maintain, or to conduct, or cause to be engaged in, carried on, maintained or conducted, any card room in the county without first having secured a license from the county to do so according to each and every requirement of this article or without complying with each and every regulation contained herein pertaining to such card room.

(Ord. No. 1789, § 2, 2-1-77)

An applicant for a card room license shall submit his application to the sheriff, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The phrase "persons financially interested" shall include all persons who share in the profits of the business on the basis of gross or net revenue. The past criminal record, in any, of the applicant and of all persons financially interested in the business shall be shown on such application. The application shall also be accompanied by fingerprints, a photograph and a physical description of the applicant and of persons financially interested in the business.

(Ord. No. 1789, § 2, 2-1-77; Ord. No. 1817, § 1, 3-29-77)

The sheriff shall deny any applicant, for a card room license, a license to operate such card room if:

(a) The applicant has previously been convicted of any narcotics violation, a felony involving theft, or any crime involving moral turpitude within the past ten (10) years; or

(b) The applicant is not, in the opinion of the sheriff, a person of good moral character.

The action of the sheriff in denying such a license on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the board of supervisors. Notice of such an appeal shall be filed with the county clerk within ten (10) days after the denial of the license. Upon failure to file such notice within the ten (10) day period, the action of the sheriff in denying such license shall be final and conclusive.

(Ord. No. 1789, § 2, 2-1-77)

No person shall be granted a license to conduct more than one card room. No card room license shall be assignable or transferable.

(Ord. No. 1789, § 2, 2-1-77)

Notwithstanding any of the provisions pertaining to the licensing of card room heretofore enacted, the fee, annually, for such license shall be five hundred dollars ($500.00) for one card room table and one hundred dollars ($100.00) for each additional card room table operated by such licensee.

(Ord. No. 1789, § 2, 2-1-77)

If any licensee shall not daily operate the card room licensed thereby during the usual hours of operation for at least eleven (11) months of each year, the sheriff shall revoke and cancel such license.

(Ord. No. 1789, § 2, 2-1-77)

A nonprofit society, club, fraternal, labor or other organization having adopted bylaws and duly elected directors and members may be granted a license, without payment of a fee by the sheriff when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other organization and no charge is made for any of the facilities.

(Ord. No. 1789, § 2, 2-1-77)

Card room employees must obtain a work permit from the sheriff. "Card room employees" for the purpose of this article are defined as dealers, overseers and others directly connected with the operation and supervision of the card tables and excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervision.

(Ord. No. 1789, § 2, 2-1-77)

Applications for work permits for card room employees shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be deemed by the sheriff necessary to determine whether the applicant is a proper person to be issued a card room work permit. The application shall also be accompanied by fingerprints, a photograph and a physical description of the applicant.

(Ord. No. 1789, § 2, 2-1-77; Ord. No. 1817, § 2, 5-29-77)

The sheriff shall deny to such applicant a work permit if:

(a) The applicant has previously been convicted of any narcotics violation, a felony involving theft, or any crime involving moral turpitude within the past ten (10) years, or

(b) The applicant is not, in the opinion of the sheriff, a person of good moral character; provided, however, in the event a permit is denied thereby, the sheriff will give the applicant his reasons in writing therefor.

(Ord. No. 1789, § 2, 2-1-77)

Each application for a work permit shall be accompanied by a local processing fee of twenty dollars ($20.00) plus an additional fee as established by the department of justice to cover the cost for processing fingerprints. Said fees shall not be returned in the event that the work permit is refused, revoked, or suspended as hereinafter provided. The work permit shall be valid for a period of one (1) year. Only one (1) work permit shall be required each year, even though the holder of the work permit may change his or her place of employment-within the county.

(Ord. No. 1789, § 2, 2-1-77; Ord. No. 2918, § 1, 3-5-91)

The action of the sheriff in denying such a work permit on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the board of supervisors. Notice of such appeal shall be filed with the county clerk within ten (10) days after the denial of the work permit. Upon failure to file such notice within the ten (10) day period, the action of the sheriff in denying such work permit shall be final and conclusive.

(Ord. No. 1789, § 2, 2-1-77)

The sheriff shall -have the right for cause to revoke or suspend any card room work permit issued -hereunder and to take possession of such permits. Any of the grounds upon which the sheriff shall be required to refuse to issue an initial card room license or card room work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a card room license or card room work permit to comply with the provisions of this article shall also constitute grounds for revocation or suspension of such license or work permit. The action of the sheriff in this respect shall be subject to an appeal to the board of supervisors. Notice of such appeal shall be filed with the county clerk within ten (10) days after the revocation or suspension. Upon failure to file such notice within ten (10) day period, the action of the sheriff in revoking or suspending the license or work permit shall be final and conclusive.

(Ord. No. 1789, § 2, 2-1-77)

It shall be unlawful to operate a card room in violation of any of the following regulations and rules:

(a) Location. Not more than one card room shall be located at any one address.

(b) Visibility. Card rooms shall be located and so arranged that card tables and the players at the tables shall be plainly visible from the front door opening to the card room when the door is opened. No wall, partition, screen or similar structure between the front door opening and any card table located in the card room shall be permitted if it interferes with such visibility.

(c) Minors. No minors shall be permitted at any card table, nor shall participate in any game played thereat.

(d) Hours of operation. All card rooms shall be closed at 5:00 a.m. and shall remain closed until 9:00 a.m. Card rooms may operate seven (7) days a week.

(e) Police inspection. All card rooms shall be open to police inspection during all hours of operation.

(f) Doors to be unlocked. During hours of operation, doors must be unlocked and accessible to the general public.

(g) 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 article and with the provisions of the Penal Code of the state. This person may have more than one (1) table under his supervision.

(h) Signs to be posted. There shall be posted in every card room in letters plainly visible from all parts thereof, signs stating that no game except pangini, lowball or draw poker, without variations as defined by Hoyle, shall be played in the card room. These signs shall also contain such other information relating to the regulations contained herein as the sheriff may require, including the amount of the time-charge for participation.

(i) Intoxicated persons. No person who is in a state of intoxication shall be permitted in a card room.

(j) "Cuts" of pots. The operator of a card room shall establish a reasonable time-charge to customers and there shall not be permitted any "rake-off' or "cut" of any pots or bets.

(k) "Shills." No operator nor employee may use a "shill" in any card game unless a work permit is obtained under section 15-79 and a copy of same is posted in a conspicuous place on the premises.

(1) Solicitation of players. No card room 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.

(m) Money on tables, etc. It shall be illegal to have money on any card table or to use money in any card game.

(n) Exhibition of permits. Operators and employees are required to exhibit their permits on demand of any law enforcement officer.

(Ord. No. 1789, § 2, 2-1-77; Ord. No. 1817, § 13, 5-29-77; Ord. No. 2483, § 1, 9-17-85)

The board of supervisors hereby declares that it is not the intention of this article to permit the licensing of any card room 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 of the state, which section includes banking and percentage games.

(Ord. No. 1789, § 2, 2-1-77)