Contra Costa County Municipal Code Ch. 52-3 Cardrooms

This chapter recodifies in amended form the existing provisions on these matters (with some additions); permits and licenses thereunder continue in effect hereunder by virtue only of this clause. Such continuing permits and licenses expire when they would originally have expired, subject to the restrictions and requirements of this chapter, and in no event are they valid beyond the first anniversary of the effective date of this chapter.

(Ord. 82-44, § 52-3.113, § 52-3.323, & Gov C. § 9606).

As used in this chapter, "cardroom" means any room, enclosure or space with a table used or available for use by any member(s) of the public for playing cards or similar games.

(Ords. 82-44, 1458: prior code § 5201).

As used in this chapter, "valid license," "valid cardroom license," "valid permit," and "valid work permit" mean cardroom licenses and cardroom work permits regulated by this chapter which are currently and wholly valid, unexpired, unrevoked and unsuspended, and which have had all applications and disclosures fully and truthfully made and kept up to date and all fees paid, and the licensees and permittees of which are not violating any provisions of this chapter.

(Ord. 82-44, see § 52.3.319 (c)).

(a) Games. Except for draw poker, lowball, panguingue, Texas Hold'em, and double-handed poker (also known as pai gow poker), and other games not violative of California law and specially approved in writing and in advance by the sheriff, or, after appeal, by the board, played in a cardroom licensed under this chapter and otherwise fully complying with this chapter, ordinance code and law, no person shall deal, play, carry on, open or cause to be opened, conduct or bet at or against any lottery or game not prohibited by state law, with cards, dice, or any device, for money, checks, credit, or other representative of value.

(b) Procedure for Game Approval. Any cardroom licensee seeking approval of a game not expressly named in subsection (a) of this section may submit an application to the sheriff. The application shall be in a form acceptable to the sheriff, but shall include the name of the proposed game and a detailed description of how the game is played. The application shall be accompanied by an application fee of five hundred dollars. The sheriff shall review and investigate the application to determine if the game is not violative of California law. The review and investigation shall be completed within ten business days of the submittal of the application, unless the sheriff notifies the applicant in writing before the expiration of the ten business days that an additional period or periods is necessary to complete the review and application. If the game is determined to be not violative of California law, the sheriff shall so notify the applicant in writing. Play of the game in the applicant's cardroom is permitted upon the applicant's receipt of the sheriff's written notice. If the game is violative of California law, the sheriff shall so notify the applicant in writing, setting forth the grounds and any legal authorities in support of that conclusion.

(c) Appeal. Appeals are governed by Chapter 14-4.

(Ords. 95-61; Ords. 82-44, 77-113, 1458: § 52-2.202: prior code § 5200; Ords. 1317, 724, 142, 138, 43, 42, 41).

This chapter does not allow the licensing of any cardroom for the playing of any game prohibited by California statute, and any such play violates any license or permit issued hereunder.

(Ords. 82-44, 1458: § 52-2.402: prior code § 5215).

(a) Licensee. No person shall, for themself or any other person, own, lease, operate, or maintain a cardroom unless the person has a valid license therefor.

(b) Worker. No person who has or should have a cardroom license shall allow any other person to commit acts contrary to subsection (c) of this section or subsection (d) of Section 52-3.505.

(c) Work Permits. No person without a valid cardroom work permit shall act as a cardroom employee.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 82-44, 1458: §§ 52-2.404, 52-2.602: prior code §§ 5202, 5207).

Even a valid cardroom license or work permit creates no vested property or personal right for the licensee or permittee, and is entirely subject to this chapter and to ordinances and California law affecting the license or permit from time to time, including new restrictions, conditions, fees, and duration of license or permit validity. Any change required by this chapter to be noted on the license, permit, or application, or noted in required supplementary information, constitutes a termination of the license or permit except for the purposes of Section 52-3.905 and of paying fees.

(Ords. 98-28, 82-44: see also § 52-3.105: see Gov. C. § 9606).

The board may partly or wholly exempt any nonprofit society, club, fraternal, labor or other nonprofit organization that has members, bylaws, and duly elected directors and that applies for exemption from compliance with this chapter, if the board finds that the cardroom is for the exclusive use of the members and that no charge is made therefor.

(Ords. 82-44, 1458: § 52-2.418 prior code § 5214).

The number of cardroom licenses shall not exceed the number by which the population of the unincorporated area of the county (as determined by the board) is divisible by twenty thousand; but no valid license shall be invalidated by a decrease in that ratio.

(Ords. 82-44, 73-84: § 52-2.620).

Article 52-3.3. Cardroom Licenses

(a) The owner of a cardroom shall apply for and obtain a cardroom license pursuant to this chapter.

(b) If the cardroom owner is one or more natural persons, each person who is a cardroom owner must individually apply for and obtain a cardroom license.

(c) If the owner is a corporation, each of the following must individually apply for and obtain a cardroom license: every officer, director, and shareholder, other than a holding or intermediary company, of the corporation who is required to apply for and obtain a state gaming license.

(d) If the owner is a partnership, each of the following must individually apply for and obtain a cardroom license: every general and limited partner of, and every trustee or person, other than a holding or intermediary company, having or acquiring a direct or beneficial interest in that partnership.

(e) If the owner is a trust, each of the following must individually apply for and obtain a cardroom license: the trustee and, in the discretion of the sheriff, any beneficiary and the trustor of the trust.

(f) If the owner is a business organization other than a corporation, partnership, or trust, then all those persons as the sheriff may require, must individually apply for and obtain a cardroom license.

(g) Each person who receives, or is to receive, any percentage share of the revenue earned by the owner from gambling activities must individually apply for and obtain a cardroom license.

(h) Every employee, agent, guardian, personal representative, lender, or holder of indebtedness of the owner who, in the judgment of the sheriff, has the power to exercise a significant influence over the gambling operation must individually apply for and obtain a cardroom license.

(i) A cardroom will not be permitted to operate if any individual who is required to obtain a cardroom license pursuant to this chapter does not have one or is not in the process of obtaining one.

(j) A cardroom licensee shall notify the sheriff of any change in cardroom ownership or other event that requires another person to obtain a license under this chapter. The licensee must notify the sheriff in writing of the event and the name of the person who is required to obtain a license within ten days after the event occurs. The person who is required to obtain a license must apply for the license within thirty days after the event occurs.

(Ord. No. 2017-18, § II, 8-8-17; Ord. No. 2008-14 § 2; Ord. No. 82-44)

Every applicant for a new or renewed license shall sign and verify the written application to the sheriff. Any application, not yet finally acted on by the first anniversary of its filing with the sheriff, expires.

(Ords. 82-44, 76-67 § 2, 1779, 1506, 1464, 1458: § 52-2.604: prior code § 5203).

The application shall contain the following information on the applicant(s) and all persons financially interested in the business, including those who share in the earnings or profits and all creditors and mortgagees:

(1) True names and addresses;

(2) Criminal records, if any, including convictions;

(3) Fingerprints and photographs;

(4) A complete description and/or layout of all proposed security measures, both physical and operational, with respect to providing for the safety and security of persons in and around the cardroom;

(5) The status of and a copy of any state gambling license held by the applicant, and the status of and a copy of any new application or renewal application by the applicant for a state gambling license; and

(6) Any other information required by the sheriff for the sheriff's investigation.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 98-28, 82-44, 76-67 § 2, 1779, 1506, 1464, 1458: § 52-2.604: prior code § 5203).

(a) New Applications. An application fee in the amount of ten thousand dollars shall accompany any new application for a cardroom license. Such fee shall be nonrefundable. A deposit is also required under Section 52-3.320 (b).

(b) Renewal Applications. A renewal application fee in the amount of five hundred dollars shall accompany any renewal application for a cardroom license. Such fee shall be nonrefundable.

(Ords. 95-61, 82-44, 76-67 § 2, 1779, 1506, 1464, 1458: § 52-2.604: prior code § 5203).

The sheriff shall investigate the application and report thereon to the board, including a recommendation for approval or disapproval of the application, with reasons.

(Ords. 95-61, 82-44, 1779, 1464, 1458: § 52-2.606: prior code § 5204).

(a) Set Hearing. The sheriff shall arrange for a hearing on the application before the board.

(b) Notice. The sheriff shall notify the applicant and the public concerning the application, the games played as regulated by ordinance, and the time and place of the board's public hearing before the board for interested persons to protest the issuance of the license.

(c) Posting. For ten days before the hearing, the sheriff shall have a copy of this notice posted conspicuously in front of the proposed premises, and two additional copies posted conspicuously within five hundred feet of the premises.

(Ords. 82-44, 1779, 1547: § 52-2.608: prior code § 5204.3).

(a) General. At the hearing the board shall consider the sheriff's report and any other evidence presented concerning the proposed license.

(b) Applicant's Burden. The applicant has the burden of overcoming any adverse recommendations in the sheriff's report and of presenting all evidence needed to sustain the board's findings in approving the license.

(Ords. 82-44, 1861, 1508: § 52-2.612(a): prior code § 5205).

The board may approve the application, and order the sheriff to grant the license, only if it finds these facts to be true:

(1) That the applicant and all persons financially interested in the cardroom are of good moral character and that none has been convicted of a felony, or of a misdemeanor involving theft or fraud or other dishonesty;

(2) That the premises are not near a school or playground, or recreational facility frequented by minors, and that the cardroom will not be detrimental to the welfare of minors;

(3) That the design or location of the proposed cardroom will not hinder law enforcement officials in surveillance of cardroom activities, or in enforcement of this chapter or of state laws regulating gambling;

(4) That the proposed cardroom will conform with the character of other land uses in the vicinity and will not be detrimental to the health, safety, and general welfare of, or create a nuisance or law enforcement problems within, the neighborhood or community;

(5) That the applicant holds a valid and current state gambling license;

(6) That the applicant has made provision for the safety and security of persons in and around the cardroom;

(7) That all applicable zoning and land use requirements of this code have been satisfied; and

(8) That all requirements of this chapter have been satisfied.

(Ords. 98-28, 82-44, 1861, 1508: § 52-2.612(a): prior code § 5205).

The board may require that the license be conditioned, as necessary to effectuate this chapter or the public health and safety, including, but not limited to, conditions as to:

(1) Location, design, and lighting of cardroom, and number of tables;

(2) Hours of operation;

(3) Parking location, design and conditions;

(4) Related business on the premises; and

(5) The safety and security of persons in and around the cardroom.

(Ords. 98-28, 82-44, 1861, 1508: § 52-2.612(b): prior code § 5205: see also § 52-3.505 ff).

(a) Certificate. If the board approves the application and orders that the sheriff issue a license, and the applicant has paid all applicable fees, the sheriff shall issue the applicant a certificate of the license, suitable for display. The applicant shall conspicuously display this in the cardroom at all times. Should the board order it, an approved new license shall not be effective and operational until approved by the involved electorate.

(b) Duration. The license is effective until revoked or suspended or until the licensee fails to have it renewed.

(c) Disuse Voids. A license becomes void upon a three hundred-day absence or suspension of operations allowed by it, regardless of the reason therefor; except that the board may, during the three hundred days or extension(s), extend the time by increments of not more than one hundred more days for good cause shown.

(Ords. 95-61, 82-62 § 1, 82-44, 76-67 § 2, 1779, 1506, 1464: § 52-2.616, § 52-2.618(a); prior code § 5205.5, 5206).

(a) Payments.

(1) Each licensee, licensed pursuant to the provisions of this chapter, shall pay to the county thirteen and one-half percent of the total monthly gross revenue of the cardroom so licensed. Payment for any calendar month shall be made on or before the 15th day of the succeeding calendar month. "Gross revenue" means and includes the total amounts received from any and all revenue derived from cardroom activities licensed pursuant to this chapter and conducted on or within the premises.

(2) For a licensee of an existing and operational cardroom in effect before December 30, 1995, the annual cardroom license fee paid to the county shall be limited to five hundred dollars per table. If a cardroom existing and operational before December 30, 1995 thereafter substantially enlarges cardroom operations, within county limits on cardrooms, by adding more than fifty percent additional tables or square footage to the cardroom activities area, and the sheriff determines that a substantial enlargement has occurred, the fees for cardrooms commencing on or after December 30, 1995 shall apply.

(b) Deposit. In the case of a new applicant, a deposit for the first six months' license fee in the amount of sixty thousand dollars shall be paid in advance to the county upon issuance of the license. The sum of ten thousand dollars shall be credited each month against the payment due under subsection (a) of this section. The advance license fees shall become the absolute property of the county and shall not be refunded and shall not be prorated in any manner whatsoever, and in the event of the cessation of such cardroom, whether voluntary or involuntary, no refund of the advance fees shall be made.

(c) Subsequent Payments. Following the first twelve months of operation, regardless of the total monthly gross revenue, the minimum monthly amount paid by licensee to the county shall be at least one hundred thousand dollars.

(d) Tournaments. In the event any tournament is held at the cardroom, licensee shall pay to the county ten percent of the total entry fees in addition to the total monthly fee specified herein.

(e) Noncardroom Business. For any noncardroom business operation owned by the licensee and on the premises, including, but not limited to, food and beverage service or rental of facilities, licensee shall pay to the county any and all applicable business license taxes pursuant to Section 64-14.202 et seq., as may be adjusted or amended.

(f) Monthly Reports. Each licensee shall file with the county, before the 15th day of each calendar month, a reporting form under penalty of perjury and approved by the county showing the true and correct amount of gross revenue derived from the licensed cardroom for the preceding calendar month. Such statement shall be accompanied by payment of the correct amount of license fee due and owing in accordance with this section. Such sums correctly reflecting the fees payable for the preceding month shall be accepted by the county, subject, however, to the future right of the county to audit the matters referred to in any such statement and to determine the correctness of the figures and the amounts payable to the county pursuant to the provisions of subsections (g) and (h) of this section.

(g) Accountant Review. Licensee shall arrange, at licensee's own expense, on an annual basis, for a certified public accountant approved by the county to audit the books, documents, records and accounts relating to the gross revenue of the licensee at the end of the licensee's fiscal year. The report of such accountant and all work papers utilized in the preparation of such audit shall be submitted to the county. The county shall review the report and work papers and may require any further information from the licensee. The county may submit such documents and information to a second certified public accountant for review. The expense of such second review shall be shared equally between the county and licensee.

(h) Audits. In addition to the annual audit required in subsection (g) of this section, the books, records and accounts of any cardroom may be audited by the county at any time. Upon request of the county, the licensee shall provide to the county copies of licensee's tax returns, which shall be kept confidential and shall not be disclosed other than as necessary to carry out the purposes of this section. In the event a county-conducted audit discloses an underpayment to the county in excess of two percent in any one month, the full cost of the audit shall be borne by the licensee. Any information obtained pursuant to the provisions of this section or any statement filed by the licensee shall be deemed confidential and shall not be subject to public inspection unless otherwise required.

(i) Failures. Any failure or refusal of licensee to timely make and file any required statements, or to pay any such fees when the same are due and payable in accordance with the provisions of this chapter, or to permit inspections of such books, records and accounts of such licensee, shall constitute full and sufficient grounds to revoke or suspend the license as provided in this chapter. Penalties for late payment shall be imposed as follows by the county: a twenty-five percent penalty for an annual license fee which is not paid within thirty days of the due date; and, any person who fails to pay any other license fee within thirty days of the due date shall pay interest at the rate of one and one-half percent per month, or fraction thereof, on the amount of the fees and penalties from the date on which the license fee is delinquent until paid.

(j) Legal Remedies. The amount of any licensee fee, penalties and interest imposed by the provisions of this chapter shall be deemed a civil debt to the county. The county may pursue any legal remedies against licensee for the collection of any delinquent license fee, penalties, interest, liens, and all administrative costs incurred in connection therewith, including attorneys' fees.

(k) No Refunds. Any and all fees paid by the applicant and/or licensee shall become the absolute property of the county and shall not be refunded to any such applicant and/or licensee whether or not such license is issued, and such fees shall not be prorated in any manner whatsoever, and in the event of the cessation of such cardroom, whether voluntary or involuntary, no refund of the advance fees shall be made whatsoever.

(l) Different Rates. The board may specify a different rate for any of the fees imposed under this chapter if it finds that doing so is necessary to be competitive with other jurisdictions or to be consistent with current practices in other jurisdictions where cardrooms operate.

(m) Except as otherwise provided, the provisions in this section shall be administered by the county department designated by the county administrator.

(n) Notwithstanding any other provision of this chapter and except subsections (a)(2), (e), (i), (j), (l) and (m), this section does not apply, even upon a transfer or renewal of a license, to a licensed cardroom existing and operational before December 30, 1995, unless the cardroom's operations are substantially enlarged on or after December 30, 1995.

(Ords. 98-28, 95-61, 82-62 § 1, 82-44, 76-67 § 2, 1779, 1506, 1464: § 52-2.616, § 52-2.618(a): prior code § 5205.5, 5206).

(a) The sheriff shall notify each licensee at least seventy days before the license expiration date.

(b) Nevertheless, a licensee desiring to have the licensee's license renewed, shall apply therefor sufficiently (at least sixty days) in advance of its expiration date (anniversary of issuance) to allow its processing as a new application before the expiration of the license sought to be renewed. A renewal application shall otherwise be handled with the same processing, fees, approval, or disapproval, etc., as if it were a wholly new application.

(c) Form and Procedure.

(1) The sheriff shall provide a form of verified application or designate such information as the sheriff requires, which can be in the form of a verified statement that there has been no change (or only specified changes) in the latest information in the sheriff's file.

(2) The renewal application shall be processed as an original application, but the sheriff may omit or simplify procedures the sheriff deems unnecessary in each case, such as posting notices in the neighborhood. The sheriff shall recommend renewal or nonrenewal to the board, and shall schedule a hearing thereon before the board only if important evidence needs to be presented thereat; and the board shall order the renewal or nonrenewal.

(3) Renewal is considered normal in the absence of complaints about deviations from the provisions of this chapter involving the cardroom, licensee, or anyone associated with its business or operation. If the board approves the renewal, the sheriff shall note on the license certificate that it is a renewal. A renewed license is otherwise subject to all the provisions of this chapter concerning cardroom licenses, and may itself be renewed.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 82-62 § 2, 82-44, 1861, 1508: § 52-2.612(c): prior code § 5202(c)).

(a) General. The board may allow a cardroom license that has been continuously valid since January 1, 1976, to be transferred to another licensee. This transferability is entirely subject to the sheriff's prior approval (as to all the requirements of this chapter) of the transferee as though the transferee were a new applicant; it does not create any right in any license (as either a prospective transferor or prospective transferee) which can be reached by or transferred or assigned to a creditor, spouse, heir, or otherwise, but is at most a mere contingent expectancy wholly dependent on prior official approval and on compliance with all the requirements of this chapter (including future amendments).

(b) Procedure. An application for transfer shall follow the procedure for other license applications, including the application fee, investigation, report, notice, hearing, findings and conditions.

(c) New License; Fee. If the transfer is approved, the new license is for the remainder of the one-year life of the former license, and no license fee is due but a transfer fee of one thousand dollars is payable before the new license issues.

(d) Transfer Defined. "Transfer" means any change required by this chapter in the information on the application or license or in any other disclosure, concerning the identity of any licensee (except name changes caused by marriage or dissolution) or the location ownership or character of the premises. It includes the addition of one or more names to the license, whether or not already named licensee(s) remain(s).

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 82-44, 76-67 §§ 1, 2, 1779, 1506, 1458: § 52-2.414, § 52-2.68: prior code §§ 5206, 5212: C.C. Opns. 77-16, 77-109).

Article 52-3.5. Cardroom Restrictions

The rules in this article apply to all present and future cardrooms and cardroom licenses and licensees, whether or not recited in the licenses, except those partly or wholly exempted under Section 52-3.115.

(Ords. 98-28, 82-44).

(a) Prohibition. No person shall do anything allowed, regulated or prohibited by this chapter, within one-half mile outside the then boundaries of any city which then prohibits such acts.

(b) Exemptions. The board may prospectively grant exemptions from subsection (a) of this section if, upon written application therefor and a hearing thereon (after reasonable notice to the city and the neighborhood), the board finds that the exemption will not be materially detrimental to the public welfare and imposes such conditions as will further this purpose.

(Ords. 82-44, 69-61, 1458: § 52-2.422: prior code § 5216: C.C. Opns. 66-56).

(a) Deposit Winnings. The licensee shall have a check issued to any player so requesting in exchange for the player's winnings no later than the next banking day, but the player may instead in writing require the licensee to keep the player's winnings for the player for an agreed reasonable time.

(b) Extension of Credit. The licensee may extend credit for gambling purposes to any player.

(c) Hours of Operation; Alcoholic Beverages Restrictions. Cardrooms may be open twenty-four hours a day, seven days a week. No alcoholic beverages may be served or consumed at a cardroom between two a.m. and six a.m. The licensee shall conspicuously display signs in the cardroom stating these matters.

(d) Wagering Limits. No more than "table stakes" shall be allowed in any game at any cardroom. "Table stakes" means that no wager in any hand shall exceed the amount that the player has in front of the player at the start of the hand. The licensee shall conspicuously display signs in the cardroom stating that no more than table stakes shall be allowed in any game. If further limits on wagering apply to any table, the licensee shall conspicuously display a sign at or next to the table stating the further wagering limits.

(e) Licensee Responsible. The licensee is responsible that the operation and playing are strictly in accordance with state law and this chapter.

(f) Name Badges. Every person who has or should have a work permit or a cardroom license shall, while at the card tables, always wear at about chest height on the outermost garment an identification badge in a form approved by the sheriff, always plainly readable and in good condition.

(g) Signs. The licensee shall post one or more signs, plainly visible throughout the cardroom, stating as many of the regulations of this chapter as the sheriff may require.

(h) Every cardroom must be open to official inspection at all times for purposes enforcing this chapter.

(i) Every cardroom licensee shall, within seventy-two hours of the effective date of the ordinance codified in this section, file with the sheriff a written list stating the name and cardroom work permit number of every cardroom employee employed at each licensed premises. During the first week of February, June, and October of each year, the licensee shall notify the sheriff in writing of the name and cardroom work permit number of each cardroom employee employed or terminated at each licensed premises during any portion of the previous four months.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. No. 2008-29, § II, 11-4-08; Ords. 2008-14, 98-28, 89-34, 82-44, 1506, 1548: § 52-2.416 in part: prior code § 5213).

No person under age twenty-one or intoxicated by alcohol and/or drug(s) shall be allowed to play at any card table or to remain in any cardroom.

(Ords. 95-61, 82-44, 1506, 1458: § 52-416 in part; prior code § 5213).

(a) One Cardroom. Only one cardroom may be located at one address or in one premises.

(b) Location. The layout of the cardroom may not hinder law enforcement officials in surveillance of cardroom activities or in enforcement of this chapter or state law regulating gambling.

(c) Tables. No cardroom shall have more than nineteen tables.

(Ord. No. 2009-31, § II, 11-10-09; Ords. 98-28, 82-44, 1506, 1458: § 52-2.416 in part: prior code § 5213).

Pursuant to Business and Professions Code Section 19851(a)(2), each licensee shall be responsible for patron security and safety in and around the cardroom. As to cardroom operations, each licensee shall maintain comprehensive liability coverage for damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss thereof, arising out of each accident or occurrence. Each licensee shall furnish the county evidence of such insurance coverage. The sheriff may require a licensee to take additional safety and security steps, including, but not limited to, the use of security guards, increased lighting, and decreased hours of operation.

(Ord. 98-28).

Article 52-3.7. Work Permits

For the purposes of this chapter, a "cardroom employee" is any person (1) who is connected with the operation or supervision of a cardroom or card table as a dealer or otherwise, except as a licensee, or as a member of the public lawfully playing or watching play thereat, (2) whose connection is for or with the person(s) who is or should be licensed to operate the cardroom, and (3) whose such activities are or are not volunteer, unpaid, or wholly, partly, regularly, or irregularly paid for or rewarded by cash, or other benefit, including being allowed to play free or at reduced rates; but is not any person whose such connection or activities are primarily to prepare, serve, clear away or clean beverages or foods, or to perform maintenance or custodial services.

(Ords. 82-44, 1458: § 52-2.404: prior code § 5207).

(a) An application to receive a work permit constitutes a request for a determination of the applicant's general character, integrity, and ability to participate in, engage in, or be associated with, controlled gambling.

(b) An applicant for a cardroom work permit must be a natural person who shall submit a verified written application to the sheriff, which application shall include:

(1) The applicant's criminal record, if any, including convictions;

(2) The applicant's photograph;

(3) The applicant's fingerprints;

(4) Any other information that the sheriff may deem necessary to determine whether a work permit should be issued.

(c) The burden of proving the applicant's qualifications to receive a permit is on the applicant.

(d) Fee. The applicant shall pay a fee of fifty dollars.

(e) State Notification. Upon receipt of a written application for a work permit, the sheriff shall notify the state of the application. No work permit shall be issued if the state informs the sheriff that it has an objection to the issuance of a work permit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2005-07 § 1, 98-28, 95-61, 82-44, 76-67, 1779, 1506, 1458: § 52-2.406: prior code § 5208).

(a) Cause. The sheriff shall deny the initial or renewed application if, after an investigation, the sheriff concludes that the applicant is disqualified for any of the following reasons:

(1) Failure of the applicant to clearly establish eligibility and qualifications in accordance with this chapter;

(2) Failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the sheriff, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to any fact material to qualification;

(3) Conviction of 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 California;

(4) Conviction of the applicant for 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 Sections 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Sections 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the sheriff under subsection (b) of this section;

(5) Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code;

(6) Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code;

(7) The applicant is less than twenty-one years of age;

(8) The applicant is disqualified from holding a state gambling license;

(9) The state objects to the issuance of a work permit to the applicant.

(b) Character and Background of Applicant Warranting Issuance of Permit. The sheriff shall not issue a work permit unless, based on all of the documents and information submitted by the applicant or obtained by way of investigation, the sheriff concludes that the applicant is:

(1) A person of good character, honesty and integrity;

(2) A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the county, or to the effective regulation and control of controlled gambling, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of the business and financial arrangements incidental thereto;

(3) A person who is in all other respects qualified to hold a permit as provided in this chapter.

(c) Issuance. Unless an applicant is disqualified pursuant to subsection (a) of this section or the sheriff determines that a permit should not issue pursuant to subsection (b) of this section, the sheriff will issue a twelve-month nontransferable permit to the applicant, pursuant to such conditions, if any, as the sheriff believes conducive to effectuating this chapter. Any such conditions will be noted on the permit.

(d) Fee. The permit issuance fee is fifty dollars, which must be paid by the permittee immediately upon issuance of a permit. This fee is nonrefundable and will not be prorated.

(e) Appeals. Permit denials may be appealed as follows:

(1) An appeal from a denial based on subsections (a)(1) through (8) of this section, inclusive, is governed by Chapter 14-4 of this code, and shall be made only on the ground of mistake with respect to a disqualifying factor;

(2) An appeal from a denial based on subsection (a)(9) shall be made to the California Gambling Control Commission, pursuant to California Business and Professions Code Section 19912(c)(3);

(3) An appeal from a denial based on subsection (b) of this section is governed by Chapter 14-4 of this code.

(Ords. 2005-07 § 2, 98-28, 82-62 § 3, 82-44, 1779, 1458: § 52-2.408, § 52-2.410: prior code §§ 5209, 5210).

(a) Application. A permittee seeking renewal shall apply for renewal of the permittee's permit at least thirty days in advance of its expiration date (anniversary of issuance) to allow for processing before the expiration of the permit sought to be renewed.

(b) Form, Fee, Procedure. The procedure shall be the same as that set out in Sections 52-3.703 and 52-3.707, except:

(1) The renewal application fee is twenty-five dollars; and

(2) No fee is due upon issuance of the permit.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2005-07 § 3, 98-28, 82-62 § 4).

Article 52-3.9. Suspension, Revocation, Change and Variance

(a) Notice. The board may suspend or revoke a cardroom license at any time, after giving the licensee(s) reasonable notice of opportunity to be heard in defense against noticed charges.

(b) Upon notification to the county from the state that a licensee's state gambling license has expired, or been suspended or revoked, the licensee's license under this chapter is immediately suspended and shall be revoked.

(c) Cause. Any violation of requirements in, or pursuant to, this chapter is cause for suspension or revocation.

(d) Effect. Neither suspension nor revocation affects any fee already due or paid, nor does it extend the life of any license. A revoked license is voided, and cannot be transferred, reinstated, renewed or re-issued; but a suspended license may be reinstated as a valid license upon such conditions as the board may impose, in its discretion under this chapter, including penalty fees not exceeding ordinary fees for a new license. Such board actions are additional to, and not a limitation on, other civil and criminal proceedings under this code or state law.

(Ords. 98-28, 82-44, 1458: § 52-2.410: prior code § 5211: see also Chaps. 14-6, 14-8 and 51-4).

Any cardroom work permit may be suspended or revoked, like a cardroom license under Section 52-3.901, except that the action is by the sheriff and the cause must be a violation related to that work permit. A cardroom work permit is suspended and shall be revoked if the state notifies the county to revoke the permit or a permittee becomes disqualified to hold a state gambling license.

(Ords. 98-28, 82-44, 1458: § 52-2.412: prior code § 5211).

(a) Change in Conditions. Every licensee and permittee shall promptly notify the sheriff in writing of any actual or proposed change in the conditions or restrictions applicable to the license or permit, including any change in or deviation from the requirements in or pursuant to this chapter when the license or permit was issued or since then.

(b) Variance Allowable. Upon such notice and payment of a fee which the sheriff estimates to be required to pay for processing the matter (not exceeding the fee on a new application), the sheriff and/or board shall process this as though it were an application for a new license or permit, and shall similarly respectively investigate, report, recommend, hear, and deny, modify condition or approve it.

(c) Enforcement Postponed. During the pendency of such an application, promptly made and diligently pursued, failures to comply with legal requirements or prohibitions (as to matters which are within the sheriff's or board's discretion to impose or to grant variances from) shall not be deemed violations of this code; but this does not extend the life of any license or permit or affect preapplication violations.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 82-44, 77-54: § 52-2.413).