Chico Municipal Code Ch. 5.32 Cardrooms

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

A. Cardroom. 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.

B. Cardroom Employee. Cardroom employee means any person employed in the operation of a cardroom including, without limitation, dealers, floor employees, security employees, countroom personnel, cage personnel, collection personnel, surveillance personnel, data processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other person whose employment duties require or authorize access to restricted areas where any controlled gambling occurs.

C. Director. Director means the director of the city’s administrative services department.

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

(Ord. 1249 §1 (part), Ord. 2173 §1, Ord. 2203, Ord. 2439 §47)

A. It shall be unlawful for any person to engage in, carry on, maintain, or conduct, or to cause 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, even where no charge is made for any of the facilities, shall not be exempt from the provisions of this chapter.

(Ord. 1249 §1 (part), Ord. 2203)

A. Application for a cardroom license shall be made to the director upon such form as the director 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. “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 records, 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.

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

C. On receipt of a completed city application form, the director 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 zoning district in which cardrooms are a permitted use and a valid use permit has been obtained for the cardroom as authorized by the zoning regulations;

2. No cardroom license shall be issued unless the applicant and all persons financially interested have been fingerprinted and approved by the Chico police department.

3. No cardroom may be located near any unsuitable area, as specified in the Gambling Control Act.

(Ord. 1249 §1 (part), Ord. 2113 §1, Ord. 2173 §2, Ord. 2177, Ord. 2203)(Ord. 2430 §1, Ord. 2439 §48)

Once received, applicant shall provide to the director a copy of a valid gambling license issued to applicant by the State of California pursuant to the Gambling Control Act.

(Ord. 2203, Ord. 2439 §49)

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. 1249 §1 (part), Ord. 1262 §1, Ord. 2173 §3, Ord. 2203)

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. 1249 §1 (part), Ord. 2173 §4, Ord. 2203)

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

(Ord. 2203)

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

(Ord. 2203)

No more than 15 card tables shall be allowed to operate in the city, and no more than 8 card tables shall be allowed to operate in any cardroom. There shall be no more than 3 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 by amending this section decrease the number of card tables or cardrooms allowed in the city when it determines that it is in the best public interest to do so. The number of card tables or cardrooms may be increased only to the extent allowed in the Gambling Control Act.

(Ord. 2203)(Ord. 2430 §2)

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

(Ord. 1249 §1 (part), Ord. 2203)

A. Application for a cardroom employee work permit shall be made to the director upon such form as the director may prescribe. Such application shall include, among other things, the following:

• 1. The name and address of the applicant;
• 2. Previous criminal records, if any, of the applicant;
• 3. Physical description of the applicant.

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

C. Photo identification shall be presented at such time as the application is submitted to the director.

D. The director shall forward such application to the chief of police for fingerprint certification and a background check. Upon receipt of approval of an application by the chief of police, the director shall approve the application and issue the applicant an employee work permit.

E. An employee work permit shall not be issued to any individual who would be disqualified from holding a state gambling license for the reasons specified in the Gambling Control Act.

F. The Division of Gambling Control may object to the issuance of a work permit by the city for any cause deemed reasonable by the Division, and if the Division objects to the issuance of a work permit, the work permit shall be denied.

(Ord. 1249 §1 (part), Ord. 2203)(Ord. 2430 §3, Ord. 2439 §50)

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

(Ord. 1249 §1 (part), Ord. 2173 §6, Ord. 2177, Ord. 2203)

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. 1249 §1 (part), Ord. 2203)

Any person aggrieved by any decision or determination made pursuant to this chapter may appeal to the city council in accordance with the provisions of Chapter 2.80 of this code.

(Ord. 1249 §1 (part), Ord. 2113 §1, Ord. 2173 §7, Ord. 2203)

It shall be 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 a valid use permit is not in effect pursuant to the 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 Gambling Control Act.

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 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 provisions of the Penal Code. That person may have more than one table under supervision at any one time but shall not, however, participate in the game unless that 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 director may require including, but not limited to, the amount of the time charge for participation, the hours of operation in the cardroom, and the wagering limits established by that cardroom.

H. Intoxicated Persons. No person who is in a 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 any 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 above, 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 visible means of identification as an employee of such establishment.

K. Food and beverage service. Cardrooms may serve complimentary food or beverages to patrons incidental to the cardroom operations. The provision of complimentary food and beverages shall not be used to directly solicit any person to participate by offering to provide free food or beverages in exchange for that person’s participation in a card game.

L. Money on Tables, Etc. It shall be 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. Unlimited Wagering. There are no mandatory limits on the amount wagered in any permitted games. A gambling establishment permittee may impose wagering limits on any game, at his or her discretion. Before a gambling establishment is allowed to operate, the rules for wagering limits shall be approved by the city council. Such rules shall be clearly posted at the gambling tables where the games are offered during hours of operation to provide the patrons adequate notice of those rules.

(Ord. 1249 §1 (part), Ord. 2203, Ord. 2366, Ord. 2390)(Ord. 2430 §4, Ord. 2439 §51)

The city council hereby 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 statutes thereto.

(Ord. 2203)