Commerce Municipal Code Ch. 5.56 Card Clubs—exclusion of Undesirable Persons

(a) A card club licensee ("licensee") shall remove any person from premises licensed for use as a card club ("premises") if, on the premises, that person:

(1) Engages in disorderly conduct, as defined in Section 647 of the Penal Code; or

(2) Is under the influence of any intoxicating liquor or drug; or

(3) Is mentally incapacitated to the extent that such person cannot care for himself or control his actions; or

(4) Is boisterous, or is otherwise offensive to other persons; or

(5) Commits any public offense.

(b) Except as provided in Section 5.56.020(a)(4), removal of a person from the premises pursuant to this section carries no presumption that the person is within the class of persons defined as "undesirable persons" in Section 5.56.020.

(Ord. 366 §4, 1985; Ord. 336 §1, 1983).

(a) A licensee shall exclude from all or any portion of the premises any person who is determined to be "undesirable" within the meaning of this section. For the purposes of this section, the following persons shall be deemed to be "undesirable":

(1) Persons who have engaged in any act of, or who have been convicted of, bookmaking or illegal wagering; or

(2) Persons who have engaged in acts prohibited by Chapter 5.52, with respect to cheating; or

(3) Persons who have been convicted of a violation of Chapter 5.52; or

(4) Persons who have been removed from the premises pursuant to Section 5.56.010(a), on more than one occasion; or

(5) Persons whose presence is inimical to the interests of the licensee.

(b) For purposes of this section:

(1) "Bookmaking" includes, but is not limited to, any act prohibited by Section 337a of the Penal Code or by Section 19595 of the Business & Professions Code;

(2) "Illegal wagering" includes, but is not limited to, any act prohibited by Sections 319 through 336, inclusive, of the Penal Code.

(Ord. 366 §5, 1985; Ord. 336 §2, 1983).

The licensee shall inform any person excluded from the premises of the reason for the exclusion, and shall notify such person of the provisions of this chapter. Notification shall be made by the delivery to the person excluded of an order of exclusion, to which shall be attached copies of the ordinances codified in this chapter and Chapter 5.52. The licensee shall immediately notify the sheriff's department of the name of the person so excluded, the reason for the exclusion, and provide such other information the sheriff's department may require.

(Ord. 336 §3, 1983).

No person named in a final order of exclusion shall fail to comply with the terms of such order. A final order of exclusion shall be enforceable by the licensee by means of a civil injunction proceeding in the Los Angeles Superior Court.

(Ord. 336 §9, 1983).

Each licensee shall designate an agent who shall be authorized to act for the licensee pursuant to the provisions of this chapter.

(Ord. 336 §10, 1983).

Any licensee under Chapter 5.48 who commits an unlawful act as specified in this chapter shall be subject to the penalties provided in Sections 5.48.210 and 5.48.211.

(Ord. 366 §6, 1985).