Carlsbad Municipal Code Ch. 5.12 Cardrooms

For the purposes of this chapter, a "cardroom"

is defined to be any space, room, collection of rooms 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.

(Ord. 6083 § 2, 1988)

It is unlawful for any person to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted any cardroom in the city for the purpose of playing cards or games of chance where cards are used for money, profit, barter or where other consideration exchanges hands. This is not intended to prohibit the recreational playing of cards in single-family homes where no consideration passes to the owner of such single-family residence by virtue of such recreational playing.

(Ord. 6083 § 2, 1988)

This chapter shall not apply to the lawful playing of card games at the Carlsbad Senior Center at such times and under such reasonable rules and regulations as established by the City Manager.

(Ord. NS-193 § 1, 1992)

Cardrooms lawfully existing on the date of the passage of the ordinance codified in this chapter, may continue to exist provided they shall not be altered, improved, reconstructed, restored, repaired, intensified, expanded or extended. In addition, existing cardrooms shall comply with the following requirements.

(Ord. 6083 § 2, 1988)

Employees in cardrooms must obtain a work permit from the Chief of Police. Applications for such work permits shall be submitted under oath and contain such information as may be deemed by the Chief of Police necessary to determine whether the applicant is a proper person to be employed in a cardroom.

No work permit shall be issued to any person who is not a citizen of the United States and who has not been a resident of the county for at least one year. The Chief of Police may deny to such applicant a work permit if, in the chief's opinion, good cause appears why such person should not be permitted to be employed in a cardroom. Each application for work permit shall be accompanied by a fee of $10.00 and the work permit when issued shall be valid for one year.

(Ord. 6083 § 2, 1988)

The Chief of Police shall have the right for cause to revoke or suspend any cardroom license or cardroom work permit issued under this chapter and take possession of such license or permit. The action of the Chief of Police in this respect shall be subject to an appeal to the City Council. Notice of such appeal shall be filed with the license collector within 10 days; otherwise the action of the Chief of Police in revoking or suspending the cardroom license or cardroom work permit shall be final and conclusive.

(Ord. 6083 § 2, 1988)

Only One License to One Person; Assignment or Transfer of License. No person shall be granted a license to conduct more than one cardroom. No cardroom license shall be assignable or transferable. Once a licensee under this chapter establishes a cardroom at a specific location, he or she may not thereafter move such cardroom business to another location. Any license issued under this chapter shall automatically become revoked upon the occurrence of any of the following conditions:

A. If after the issuance of a license, the licensee does not begin operation of a cardroom within six months from the date of issuance. The licensee under this chapter may, upon written application to the City Council therefor, be granted one additional six-month period within which to begin operation of a cardroom;

B. If, after the beginning of a cardroom, the licensee ceases operation of his or her cardroom for a period of 30 days or longer.

(Ord. 6083 § 2, 1988)

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

A. Not more than one cardroom shall be located at any one address. On and after the 30th day after the effective date of this chapter, all licenses to operate cardrooms in the city, issued before that time, shall be null and void and of no further force and effect;

B. No game except pinochle, low-ball draw poker, draw poker, panguingue, without variation as defined by Hoyle, contract or auction bridge, shall be played in any cardroom;

C. Not more than five tables shall be permitted in any cardroom;

D. Not more than eight players shall be permitted to any one card table;

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

F. All cardrooms shall be closed at 2:00 a.m. and shall remain closed until 10:00 a.m. of every day;

G. All cardrooms shall be open to police inspection during all hours of operation.

(Ord. 6083 § 2, 1988)

No alcoholic liquor or beverage shall be served, consumed, sold or given away in any cardroom, and no cardroom shall have an entrance leading to any establishment which serves or sells intoxicating liquor.

(Ord. 6083 § 2, 1988)

No charge in excess of the following rates shall be assessed for the privilege of participating in the following games:

A. Pinochle: 20 cents per game and 15 cents per set;

B. Low-ball and draw poker: Five percent of each pot;

C. Bridge: 60 cents per hour per player.

(Ord. 6083 § 2, 1988)

No player shall be permitted to make any bet in excess of $20.00 or bet more than $100.00 in any one hand and shall in any event be limited to betting the amount of money then on the table belonging to the player.

(Ord. 6083 § 2, 1988)

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

(Ord. 6083 § 2, 1988)

All card tables shall be supervised by the operator or his/her employees, who may at their discretion refuse any individual the right to participate. They shall see to it that it is operated strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the state. Every operator and employee of an operator of a cardroom licensed under this chapter shall at all times when on duty in such cardroom wear an identification badge containing his or her photograph, together with the name, age, address and description of such individual.

(Ord. 6083 § 2, 1988)

No signs or other insignia advertising or relative to cardrooms shall be permitted upon the exterior of any premises occupied as a cardroom, except the word "cardroom" and the name of the operator thereof. Such a sign shall be flush with the building, and shall not be more than one and one-half feet by six feet in size.

(Ord. 6083 § 2, 1988)

There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating that only draw poker, pinochle or bridge is permitted to be played and stating the charge exacted for the privilege of playing.

(Ord. 6083 § 2, 1988)

There shall be collected for each card table where the game of poker is played during any portion of the license period the sum of $30.00 per table per month, or portion thereof, payable quarterly in advance. There shall be collected for each table licensed under this chapter where any other permitted games than poker are played the sum of five dollars per table per month, or portion thereof, payable quarterly in advance. In addition to the above amounts, there shall be an additional license fee based upon total monthly gross revenue of the cardroom so licensed, according to the following schedule:

(Ord. 6083 § 2, 1988)

The council declares that it is not the intention of this chapter to license any cardroom for the playing of any game prohibited by the laws of this state and particularly those games enumerated in Section 330 of the Penal Code of the state.

(Ord. 6083 § 2, 1988)

It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period not exceeding six months, or by both.

(Ord. 6083 § 2, 1988)