California City Municipal Code Art. 4 Card Clubs

(a) No person, owner or employee shall operate a card club without first having obtained a permit pursuant to this Article.

(b) No card club shall employ a person without such person having been photographed and fingerprinted by the Police Department within three (3) days prior to their employment.

The following words are defined for the purposes of this Article:

(a) "Card Club" means a business or enterprise licensed for the playing of draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine.

(b) "Employee" means a person acting as agent, employee or otherwise, of the owner, as owner, or under the direction of the owner of any card club.

(c) "Owner" means persons, firms, associations, partnerships, corporations or other entities having an interest, legal or equitable, in a card club or card club license or permit.

(d) "Operate" means to form, maintain or participate in the formation or maintenance of a card club.

A person who intends to operate a card club must provide the City Clerk with the following information authenticated by a verification:

(a) Date of application;

(b) Name of applicant;

(c) Legal capacity of the applicant, e.g., corporation, partnership, individual;

(d) If applicant is an individual, present business address, mailing address and residential address;

(e) If applicant is not an individual, information shall be presented for each partner or corporate officer;

(f) Proposed location of the card club;

(g) Nature of game for which the license is to be issued;

(h) Number of tables or other units to be placed, employed or used;

(i) Description of the businesses to be conducted at the licensed location;

(j) Description of the building including dimensions and type of construction;

(k) Statement the building conforms to laws;

(l) Statement the applicant understands the application shall be considered by the Council only after a full investigation and a report made by the Police Department and building inspector or authorized representative;

(m) Statement recognizing no intoxicating liquors or beverages are to be sold, given away, dispensed, consumed or permitted in the area designated for the playing of draw poker or pan, except malt beverages or liquors may be sold and dispensed in an area designated for the playing of draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine under the following conditions:

(1) No free or "on the house drinks" may be served in the area designated as the "card room;"

(2) No beverages shall be served on the surface of the "playing table" designated as the area for playing cards; and

(3) Beverages will be sold, dispensed or served on a compact portable "caddy" or "tray table" for the exclusive use of beverages or food service.

(n) Statement the permittee shall conform to State and City laws.

(o) Statement the applicant has read and understood this Article;

(p) Financial statement which indicates the owners of the card club are capable of meeting the financial requirements of this Article.

The owner shall deposit with the City Clerk a non-refundable application fee in an amount to be established from time to time by the City Council by resolution. Each employee employed by a card club shall pay an application fee also in the amount to be established by the City Council from time to time by resolution.

The Chief of Police shall conduct an investigation of the character and integrity of each applicant within 30 days from the date of the application and submitted to the Council at the next regular meeting after conclusion of the investigation.

(a) The City Council may deny the application if:

(1) The investigation report indicates the applicant does not possess a reputation for good character and integrity:

(2) The financial statement indicates the applicant will be unable to meet the financial obligations imposed upon the card club by the City; or

(3) Other cause deemed material by the Council.

(b) If the permit is denied, the applicant shall be provided a written statement detailing the reasons for the determination and giving opportunity to present rebuttal evidence to the Council in writing within twenty (20) days from the date of the notification of the Council's action.

(a) An annual permit fee shall be paid to the City for each card club in an amount to be determined by the City Council from time to time by a resolution. Fees shall be paid at the time the permit is issued and at each anniversary.

(b) Each card club shall pay an annual fee in an amount to be established from time to time by the City Council based upon the number of tables operated during the preceding year. If a card club increases the number of tables operated during such licensed period, it shall pay to the City the established fee for additional tables. The license fee shall be paid at the time of issuance of each renewal permit. The license fee payable at the time of the initial issuance of a permit shall be based upon the number of tables intended to be operated or utilized by the card club for the first year of its license.

(c) A verified statement of the amount of gross revenue shall be submitted to the City each quarter by the owner of each card club simultaneously with the payment of quarterly table fees. Permittee shall maintain books and records in sufficient detail so as to enable the City to determine the gross income of permittee on a quarterly basis. The City Manager, Finance Director or independent auditor may inspect the books, records and accounts of the permittee at a reasonable time upon written request.

(a) The following shall be cause for the revocation of a card club permit:

(1) A determination the application for permit contained untrue statements;

(2) A violation of state, federal or local law;

(3) Failure to pay fees in a timely manner;

(4) Refusal to permit inspection of books and records;

(5) Failure to maintain card tables in full view of the public and of any patrons of said card club;

(6) The construction or erection of partitions or other devices which conceal persons playing cards;

(7) Failure to maintain the designated card playing area free of intoxicated persons or intoxicants unless such intoxicants are otherwise permitted.

(b) When a permit is revoked, permittee may file a written appeal and request a hearing before the Council.

(a) Permits shall expire on midnight one year from the date of issuance.

(b) The owner of an unrevoked permit may, prior to its expiration, apply to renew such permit for an additional one-year term. Applications for renewal of permits shall contain the information required for the issuance of a permit in the first instance.

Permits may not be transferred unless the proposed transferee makes application for a new permit and the application is approved.

Each card club operating under this Article shall comply with all permit conditions and the following:

(a) At least (15) tables shall be operated.

(b) Permittee may not operate more card tables than are stated in the application or permit.

(c) No person under the age of twenty-one (21) years shall be allowed in the designated card club areas.

(d) The schedule of operating hours shall be specified by the permit.

(e) No signs shall be permitted on the exterior of building advertising card games or draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine, except pursuant to a special permit approved by the Planning Commission. The permit may be denied or conditionally approved by the Commission in its sole discretion subject to review by the Council.

(f) No subletting, "farming out" or assigning of gaming tables shall be permitted.

(g) Draw poker, low ball, the game of panguingue (pan), high-low, hold-em, stud poker, seven card stud, pai-gow, California aces, Asian poker or super nine, shall be confined to one floor of operation.

The operator, permittee, owner or other person in control of each card club shall provide security for each card club under his control. "Security" means the enforcement of rules and regulations of the federal, state and city government. Security shall also be provided to the immediate parking area of designated card clubs and to those persons who use such parking areas.