Citrus Heights Municipal Code Art. II Cardrooms

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Cardroom means any place where gaming is conducted and to which the public is invited to participate.

Gaming and gambling mean any game of chance played with cards, dice, or any device for currency, money, check, credit, or other thing of value which is not prohibited and made unlawful by Penal Code §§ 319—329 or §§ 330—337s or by this article. The term "gaming" or "gambling" does not mean the following:

(1) The game of bingo conducted pursuant to and regulated by article III of this chapter.

(2) Any lottery game conducted and regulated by the state lottery.

(3) Parimutuel wagering on horseraces regulated by the state horse racing board.

(4) Games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.

(Ord. No. 97-01, § 2(4.22.000, 4.22.005), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Cross reference— Definitions generally, § 1-2.

No person shall operate or conduct a cardroom in the city unless under and by authority of a valid, unexpired, and unrevoked special business license authorizing a cardroom issued pursuant to chapter 22, article II, division 3, and this article.

(Ord. No. 97-01, § 2(4.22.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Editor's note— Ord. No. 2013-008, § X1 adopted September 12, 2013, repealed § 10-28, which pertained to locations and derived from Ord. No. 98-02, adopted March 25, 1998.

The regulatory provisions of this article ensure that cardrooms are operated reasonably for the protection of public health, safety, and welfare and to conform to state-mandated requirements set by the Gambling Control Act, Business and Professions Code § 19800 et seq., as well as ensure that residents of the city can safely enjoy the entertainment provided by reputable cardrooms.

(Ord. No. 97-01, § 2(4.22.015), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 2, 3-25-1998; Ord. No. 2010-05, § 1, 11-18-2010)

(a) If the applicant for a special business license to operate a cardroom is a sole proprietor, the proprietor shall have met the requirements set by the state department of justice pursuant to the Gambling Control Act, Business and Professions Code § 19800 et seq., prior to filing the application for the license. If the applicant is a partnership, corporation, or other business entity owned by more than one individual, the business entity shall have met the requirements set by the state department of justice pursuant to the Gambling Control Act, Business and Professions Code § 19800 et seq., prior to filing an application for a license.

(b) The special business license issued pursuant to this article shall be placed in use at the designated location no later than 90 days following the issuance thereof, and the special business license shall remain in use thereafter for the term of the license. Failure to place such license in use at the designated location within the 90-day period provided in this subsection or to maintain the license in use during the term of the license shall be grounds for revocation of the license by the chief of police. For purposes of this subsection the term "in use" shall mean at the location designated in the license that the business of a cardroom shall be in operation and that games as provided in section 10-44 shall be conducted therein.

(c) For purposes of revocation under this section, temporary closure of the cardroom for necessary remodeling, rebuilding, repair, improvements, or other necessary and reasonable activity required to operate or improve the operation of the cardroom when such activities are undertaken by the licensee in a good-faith effort to complete the activity within a reasonable period of time shall not be grounds for revocation.

(d) The licensee shall cooperate with the chief of police by providing the chief of police the necessary information and documentation upon demand by the chief of police in order for the chief of police to determine whether the licensee comes under the subsections of this section requiring revocation of the license. Failure of the licensee to cooperate with the chief of police pursuant to this section shall be grounds for the revocation of the special business license to operate the cardroom. The procedure for notice of revocation, revocation, and appeal of revocation shall be the same as is provided in chapter 22, article II, division 3, for the revocation of special business licenses.

(Ord. No. 97-01, § 2(4.22.020), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 3, 3-25-1998; Ord. No. 2013-003, § 1, 2-28-2013)

(a) Only two special business licenses to operate cardrooms shall be issued by the city.

(b) If there are more applications for special business licenses to operate cardrooms than the limitation in subsection (a) of this section allows, the qualified applicant to whom a license is issued shall be selected by the chief of police in the order the applications were filed with the city clerk. Once all available licenses are issued, no applications will be accepted or considered until such time as an additional license becomes available. When the additional license becomes available, applications will then be taken and will be considered as provided in this article upon the timely filing of a new application therefor. For purposes of this subsection, the unrevoked, valid, and unexpired license of a cardroom licensee who has filed a timely application for renewal of the license is not considered an additional license available for issuance until the license renewal application has been denied and the appeal thereof, if any, has become final.

(Ord. No. 97-01, § 2(4.22.025), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 4, 3-25-1998; Ord. No. 2010-05, § 2, 11-18-2010; Ord. No. 2013-003, § 2, 2-28-2013)

(a) No person shall work in a cardroom as a manager, employee or independent agent, and no person who holds a special business license authorizing operation of a cardroom shall employ any person as a cardroom manager, employee or independent agent unless such person possesses a valid employee permit issued pursuant to chapter 22, article II, division 3, and this article.

(b) Notwithstanding section 22-170, an employee permit for a cardroom manager, employee or independent agent shall authorize the permittee to operate as a cardroom manager, employee or independent agent in any cardroom possessing an unrevoked, unexpired, and valid special business license issued pursuant to this article authorizing the operation of such cardroom within the city. Notwithstanding section 22-170, the employee permit shall not include the name and address of the cardroom for which the employee permit is issued as the employee permit authorizes the permittee to operate within any cardroom as indicated in this subsection.

(c) Upon demand by the chief of police, the cardroom shall provide the chief of police with the full name and the residence address of persons operating as cardroom managers, employees or independent agents in the cardroom.

(Ord. No. 97-01, § 2(4.22.030), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 5, 3-25-1998)

In addition to the matters prescribed by section 22-167, an application for an employee permit to serve as a cardroom manager, employee or independent agent shall contain a list of each criminal conviction of the applicant, pleas of guilty, or pleas of nolo contendere. The list shall, for each such conviction or pleas, set forth the date of arrest, the offense charged, and the offense of which the applicant was convicted.

(Ord. No. 97-01, § 2(4.22.035), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 6, 3-25-1998)

(a) Upon receipt of an application for an employee permit to serve as a cardroom manager, employee or independent agent, the chief of police shall conduct such investigation pursuant to section 22-168 and applicable law as he or she deems necessary or appropriate.

(b) The chief of police shall deny an employee permit if, pursuant to section 22-169, the chief of police finds that the applicant:

(1) Is less than 21 years of age.

(2) Was convicted of any crime punishable as a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in this state.

(3) Was convicted of any misdemeanor involving dishonesty or moral turpitude within the ten-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Penal Code § 1203.4, 1203.4a or 1203.45.

(4) Was associated with criminal profiteering activity or organized crime, as defined by Penal Code § 186.2.

(5) Exhibited contumacious defiance of any legislative investigatory body or other official investigative body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption relating to gambling activities; or criminal profiteering activity or organized crime, as defined by Penal Code § 186.2.

(6) Fails to provide information, documentation, and assurances required by this article or requested by the chief of police, fails to reveal any fact material to qualification, or supplies information that is untrue or misleading as to a material fact pertaining to the qualification criteria.

(7) Fails to clearly establish eligibility and qualification in accordance with this article.

(c) The chief of police may deny an employee permit if, pursuant to section 22-169, the chief of police finds that the applicant:

(1) Was convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Penal Code § 1203.4, and the chief of police concludes that by reason of the crime or act the applicant would perform his or her duties as a cardroom manager, employee or independent agent in an unlawful manner or in a manner which subjects patrons of the cardroom to risk of harm or criminal, deceitful or otherwise unethical practices; or

(2) Violated or is in noncompliance with any of the sections and requirements of this article or other applicable law or administrative rule or regulation.

(d) Notwithstanding subsection (c)(1) of this section, an application shall not be denied solely on the basis that the applicant was convicted of a misdemeanor if the applicant has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Penal Code § 4852.05.

(e) The department of justice, division of gambling control, may object to the issuance of any employee permit issued pursuant to this article.

(f) The chief of police shall have the authority and discretion, but shall be under no obligation, to issue a temporary employee permit for a period not to exceed 30 days pending determination as to whether a prospective employee is eligible for an employee permit.

(Ord. No. 97-01, § 2(4.22.040), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 7, 3-25-1998; Ord. No. 2001-04, § 1, 3-14-2001; Ord. No. 2002-08, § 1, 9-11-2002)

(a) An employee permit issued pursuant to this article may be revoked or suspended pursuant to section 22-204 upon any of the following grounds:

(1) Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to this article or chapter 22, article II, division 1 or 3;

(2) Misrepresentation of a material fact contained in the application for the permit;

(3) The chief of police has acquired information supporting a finding prescribed by section 10-34(c)(1) in relation to the holder of the permit; or

(4) The holder of the permit has violated any term, condition or requirement or prohibition established by this article which is applicable to the holder of the permit.

(b) An employee permit shall be revoked pursuant to section 22-204 upon a finding that the holder thereof would be disqualified from holding an employee permit for the reasons specified in section 10-34(b)(1) or (b)(5).

(c) An employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to section 22-205, as applicable.

(Ord. No. 97-01, § 2(4.22.045), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2002-08, § 2, 9-11-2002)

Before issuing a special business license under this article, the city council shall require the applicant, as a condition to the issuance of the special business license, to post with the city a cash bond in the sum of $1,000.00 or a surety bond in the same amount furnished by a corporate surety authorized to do business in the state payable to the city. The bond shall guarantee that the licensee shall redeem all chips for cash, and the bond shall be kept in full force and effect by the licensee throughout the term of the license.

(Ord. No. 97-01, § 2(4.22.050), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2002-08, § 3, 9-11-2002)

The holder of a special business license issued pursuant to this article and chapter 22, article II, division 3, shall be financially and otherwise responsible for the operation of the cardroom and for the conduct of any manager or other employee connected with the operation of the cardroom. With the exception of all proposition players, all employees of the cardroom shall be identified by a name tag measuring no smaller than one inch by three inches, and the tag shall be worn in plain view on the upper body of the employee.

(Ord. No. 97-01, § 2(4.22.055), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2010-05, § 3, 11-18-2010)

(a) The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion, suspension, and any other phase of the cardroom enterprise and card games which are authorized by this article. The records shall be of such types and maintained in such manner as may be prescribed by the chief of police. Upon demand, the chief of police or any other authorized representative of the city shall have the right to examine and audit such records at any reasonable time, and the license holder shall fully cooperate by making such records available.

(b) The records described in subsection (a) of this section shall be subject to disclosure only pursuant to any suspension, revocation, or other proceedings conducted under this article; chapter 22, article II, division 1 or 3; or any civil or criminal investigation conducted by the chief of police, the district attorney, the grand jury or the city counsel. For all other purposes, the records shall be kept confidential by the chief of police, as custodian of those records.

(Ord. No. 97-01, § 2(4.22.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The chief of police shall have the authority to temporarily suspend the special business license issued pursuant to this article and to order the licensee to immediately cease and desist any further operation of the cardroom pending expiration of the time for appeal or exhaustion of an appeal pursuant to section 22-205 if the chief of police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license and one of the following occurs:

(1) The licensee is operating the cardroom in a manner which is a serious and immediate threat to the health or safety of the public;

(2) The licensee is in violation of any of the sections of this article; chapter 22, article II; administrative regulations adopted pursuant to this article or chapter 22, article II; the state Penal Code; or any applicable law, rule or regulation; or

(3) The chief of police makes a finding pursuant to section 22-159(a)(3) and that by reason of the crime or act the patrons of the cardroom and the public are subject to the immediate risk of harm or criminal, deceitful or otherwise unethical practices.

(Ord. No. 97-01, § 2(4.22.065), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The temporary license suspension as provided in section 10-39 shall be effective no sooner than 24 hours following the time and date of delivery of the notice thereof as provided in section 22-205. The procedures for notice, for service of such notice, and for response by the licensee prior to the commencement of the temporary suspension shall be as prescribed in section 22-205.

(b) The appeal by the holder of a special business license of the revocation or suspension of the license pursuant to section 22-203, whose license has been temporarily suspended, shall be as provided in section 22-206.

(Ord. No. 97-01, § 2(4.22.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It shall be unlawful for the holder of a special business license to operate a cardroom after temporary suspension of the special business license pursuant to sections 10-39 and 10-40, and it shall be unlawful for the holder of a cardroom employee permit to operate as a cardroom manager or dealer in a cardroom after temporary suspension pursuant to section 10-35. Such violation shall be punishable as a misdemeanor.

(Ord. No. 97-01, § 2(4.22.075), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) In addition to any application or renewal license fees imposed by the city pursuant to chapter 22, article II, divisions 2 and 3, upon the business of a cardroom, such cardroom shall be charged a quarterly table operation fee for each card table operated by the licensee or to be operated by the applicant. The amount of this quarterly fee shall be as prescribed by the city manager and shall be based upon the cost to the city of enforcement and administration of this article as provided by section 22-31. Exempted from this quarterly fee are additional tables used for promotional or tournament play; provided, however, that the total number of regular tables plus promotional or tournament tables in use shall not exceed the maximum number of allowable tables as provided in either subsection 10-45(a) or the licensee's special business license, whichever is less. Such promotional or tournament play and the use of such additional tables for such promotions and tournaments shall not exceed four days in any calendar month. The chief of police shall be notified seven days in advance of the promotional or tournament events and shall be notified of the duration and dates of such events.

(b) The quarterly table operation fee shall be paid quarterly by the applicant or licensee to the finance director. The first quarterly fee shall be due at the filing of the initial application for a special business license to conduct a cardroom. Thereafter, the quarterly due dates for payment of the quarterly table operation fee shall be on January 1, April 1, June 1, and September 1; except that, if any of these days falls on a Sunday or a city holiday, the quarterly due date for payment shall be the day after such Sunday or city holiday. The quarterly table operation fee shall be delinquent if not received or postmarked on or before the quarterly due date for payment as such quarterly due date is defined in this subsection. Prior to the beginning of each quarter, the licensee shall notify the chief of police as to the number of tables to be operated for that new quarter and shall pay to the finance director the table operation fee accordingly. If the licensee reduces the number of tables in operation during a quarter, the city shall not rebate any of the previously paid table operation fee for that quarter. If the licensee desires to increase the number of tables in operation during a quarter, the licensee shall pay to the finance director the appropriate table operation fee for that entire quarter regardless of when the additional tables are added.

(c) On the denial by the chief of police of an application or a renewal of a special business license to conduct a cardroom, the quarterly table operation fee paid by the applicant or licensee at the time of filing the initial application or the renewal shall be rebated to the applicant or licensee by the finance director. The rebate shall not be made by the finance director until the appeal period on the denial has elapsed or, if an appeal is filed, until a final decision upholding the denial has been made and the appeal has become final in the administrative or judicial process, whichever is applicable. If the applicant's or licensee's appeal of the denial is granted, the applicant or licensee shall owe and pay the appropriate table operation fee to the finance director prior to the issuance of the special business license.

(Ord. No. 97-01, § 2(4.22.085), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 8, 3-25-1998)

(a) Except as otherwise provided in subsections (b) and (c) of this section, the licensee may operate a cardroom 24 hours a day and seven days a week.

(b) The applicant for a cardroom license to operate a cardroom after the effective date of the ordinance from which this section derives shall be required to secure a use permit as approved by the appropriate authority in accordance with the requirements of the city's zoning ordinance. Operation of the cardroom shall thereafter be in accordance with the hours set by the use permit.

(c) A licensee who possesses a valid, unexpired, and unrevoked license to operate a cardroom issued pursuant to this article and who has operated the cardroom 24 hours a day on Saturday or Sunday or on both such days for at least a continuous six-month period immediately preceding the effective date of the ordinance from which this section derives shall be permitted to continue the same 24-hour operation as the licensee conducted during such continuous six-month period without the necessity of securing a use permit pursuant to subsection (b) of this section and as was permitted under the immediately preceding cardroom ordinance. If such cardroom seeks to operate other than under the same 24-hour period it operated during such continuous six-month period immediately prior to the effective date of the ordinance from which this section derives and such cardroom is located within 500 feet of a residential zone or 500 feet of property used for residential purposes, such cardroom is required to secure a use permit prior to such change in hours or days of operation.

(Ord. No. 97-01, § 2(4.22.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) Cardrooms licensed to conduct gaming in the city shall be permitted to conduct all lawful card games in the state.

(b) Written rules for each card game offered by a cardroom shall be provided to any patron upon request.

(c) If the game is patented, the licensee shall obtain written permission from the patent owner prior to offering the game to patrons.

(d) Nothing contained in this article shall be construed to permit the licensing of any gambling declared illegal in the state.

(Ord. No. 97-01, § 2(4.22.095), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 9, 3-25-1998; Ord. No. 2013-003, § 3, 2-28-2013)

(a) No cardroom shall maintain or operate more than 17 card tables at any one time. Tables used during tournaments or free special events shall count toward the maximum table limit.

(b) Each licensed cardroom may be located in the same structure or building. Each cardroom must be maintained as a separate business entity in accordance with the California Gambling Control Act, but may share ancillary services or concurrent facilities as allowed by the Gambling Control Act and applicable law, including but not limited to, city ordinances, rules and regulations.

(c) In order to comply with the zoning code, each table shall be deemed to have ten chairs available for players.

(Ord. No. 97-01, § 2(4.22.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 99-17, § 1, 9-29-1999; Ord. No. 2001-04, § 2, 3-14-2001; Ord. No. 2005-06, § 1, 8-11-2005; Ord. No. 2006-03, § 1, 10-12-2006; Ord. No. 2007-04, § 1, 5-24-2007; Ord. No. 2010-05, § 4, 11-18-2010; Ord. No. 2013-003, § 4, 2-28-2013; Ord. No. 2013-008, § 2, 9-12-2013; Ord. No. 2014-004, § 1, 7-10-2014; Ord. No. 2014-007, § 1, 2-12-2015; Ord. No. 2015-008, § 1, 11-12-2015)

No person under the age of 21 years shall be permitted to frequent a cardroom or to engage in any card game conducted therein.

(Ord. No. 97-01, § 2(4.22.105), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

There are no mandatory limits on the amount wagered in any permitted game. However, the licensee of a gambling establishment may impose wagering limits on any game at his or her discretion. Wagering limits in any particular game shall be clearly posted at the gaming tables in order to provide patrons adequate notice of the wagering limits. No player shall bet with cash money, markers or anything other than poker chips.

(Ord. No. 97-01, § 2(4.22.110), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 10, 3-25-1998; Ord. No. 2001-04, § 3, 3-14-2001; Ord. No. 2005-06, § 2, 8-11-2005; Ord. No. 2007-04, § 2, 5-24-2007)

The licensee shall post in a conspicuous place in the cardroom notice of the amount of table rent to be charged for each table and notice of the total number of tables permitted to be in operation during the particular quarter.

(Ord. No. 97-01, § 2(4.22.115), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Subject to applicable state law and/or regulations, a cardroom may extend credit to patrons.

(Ord. No. 2015-008, § 2, 11-12-2015)

Editor's note— Ord. No. 2015-008, § 2, adopted November 12, 2015, deleted the former § 10-49, and enacted a new § 10-49 as set out herein. The former § 10-49 pertained to credit prohibited and derived from Ord. No. 97-01, adopted January 2, 1997; Ord. No. 97-13, adopted March 26, 1997; Ord. No. 97-17, adopted September 24, 1997.

A copy of the special business license applicable to the cardroom premises and the employee permit of any person employed as a manager or dealer shall be posted and exhibited while in force in some conspicuous place on the cardroom premises.

(Ord. No. 97-01, § 2(4.22.125), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The licensee shall be responsible for maintaining security on both the premises of the cardroom and the parking lot used by the cardroom for its patrons and employees. The licensee shall take reasonable precautions to protect its patrons and employees. The licensee shall also take reasonable precautions to prevent the occurrence of criminal activity on both the premises of the cardroom and the parking lot used by the cardroom for its patrons and employees. If the chief of police determines that security personnel are necessary at a cardroom to protect the health and safety of the public, the chief of police is authorized to require the cardroom to provide uniformed security personnel on both the premises and the parking lot used by the cardroom for its patrons and employees. Such determinations by the chief of police shall be based on the following:

(1) Propensity for peace disturbances or criminal activity in the geographic area in which the cardroom is located;

(2) Criminal activity or peace disturbances on cardroom premises or the parking lot used by the cardroom for its patrons and employees;

(3) Particular time of day; or

(4) Any other factors which affect the health and safety of the public and cardroom patrons.

The chief of police shall notify the licensee, in writing, as to the time periods, days of the week during which security is required; the number of security officers; and the location where such officers are to be provided, whether in the parking lot or on the premises. Upon receiving the written notice of security requirements, the licensee shall conform to those requirements within 48 hours of service thereof and shall maintain those requirements in full force and effect until such time as the chief of police deems they are no longer necessary.

(b) Between the hours of 2:00 a.m. and 6:00 a.m., the licensee shall not knowingly permit the consumption of alcoholic beverages on the premises or in the parking lot which the cardroom uses for its patrons.

(c) The licensee shall not knowingly permit any obviously intoxicated person to participate in any card game.

(d) The licensee shall not knowingly permit any illegal activity to occur on the premises or in the parking lot used by the cardroom for its patrons or employees. Illegal activity includes but is not limited to narcotics violations, bookmaking, illegal gambling, loansharking, receiving stolen property, or prostitution.

(e) The licensee shall permit the chief of police, health department, fire department or any other authorized public official to inspect the premises at any time during the hours of operation.

(Ord. No. 97-01, § 2(4.22.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 11, 3-25-1998)

Pursuant to and for the reasons set forth in Business and Professions Code § 19845, the licensee may exclude or eject individuals from the licensee's cardroom. Any individual who is excluded or ejected from any cardroom and who refuses to leave the premises is subject to arrest for trespassing.

(Ord. No. 97-01, § 2(4.22.135), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 99-17, § 2, 9-29-1999; Ord. No. 2003-05, § 1(4.22.135), 7-23-2003)

(a) If any section, subsection, clause, phrase or portion of this article conflicts with any section, subdivision, clause, phrase or portion of an express provision of the city's zoning ordinance or conditions of a use permit of the zoning ordinance or other administrative approvals issued under the zoning ordinance, the city's zoning ordinance, conditions of the use permit under the zoning ordinance, or the administrative approvals issued under the zoning ordinance shall prevail.

(b) If any section, subsection, clause, phrase or portion of this article conflicts with any section, subdivision, clause, phrase or portion of the Gambling Control Act, Business and Professions Code § 19800 et seq., as required by the state, the Gambling Control Act shall prevail.

(Ord. No. 97-01, § 2(4.22.140), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 99-17, § 3, 9-29-1999)

Editor's note— Ord. No. 2020-009, § 1, adopted October 8, 2020 deleted § 10-54, which pertained to a sunset provision and derived from Ord. No. 98-02, adopted March 25, 1998; Ord. No. 99-17, adopted September 29, 1999; Ord. No. 2001-04, adopted March 14, 2001; Ord. No. 2003-05, adopted July 23, 2003; Ord. No. 2005-06, adopted August 11, 2005; Ord. No. 2010-05, adopted November 18, 2010 and Ord. No. 2013-003, adopted February 28, 2013.