El Centro Municipal Code Div. 2 Cardroom License

Footnotes:

--- (4) ---

Editor's note— Ord. No. 24-05, § 5, adopted Dec. 3, 2024, repealed the former Div. 2, §§ 4-76.1—4-76.29, and enacted a new Div. 2, as set out herein. The former Div. 2 pertained to similar subject matter and derived from Ord. No. 04-12 § 1 and Ord. No. 99-9 § 1.

It shall be unlawful for any person to engage in the business of maintaining or conducting games played with cards, dominoes or other devices involving the use of a table or tables or similar equipment, either by maintaining or conducting such business alone or in connection with another business or businesses, unless such person first shall have obtained from the city a license so to do as provided in this division. As used here, "cardroom" includes any public place within the city used for the playing of a card game. "House" means the gambling enterprise and any owner, shareholder, partner, key employee or landlord thereof as defined in Business and Professions Code section 19805(t)."Gambling enterprise" means a natural person or an entity, whether individual, corporate or otherwise, that conducts a gambling operation and that by virtue is required to hold a state gambling license, as defined in Business and Professions Code section 19805(m).

(Ord. No. 24-05, § 6, 12-3-24)

It is the stated intent of this chapter to regulate cardrooms and tables in the City of El Centro concurrently with the State of California, to the extent authorized by, and as required by, the Gambling Control Act codified at Business and Professions Code, section 19800 et seq., the regulations of the State of California Department of Justice Bureau of Gambling Control, and the regulations of the California Gambling Control Commission, as those may be amended from time to time. To the extent not otherwise defined or addressed in this chapter 4, article III, the definitions set out in the Gambling Control Act shall apply.

(Ord. No. 24-05, § 6, 12-3-24)

(a) State gambling license. Any person or entity must receive a license from the California Gambling Control Commission prior to owning or operating a cardroom within the City of El Centro.

(b) City cardroom license required. In addition, no person shall establish, maintain or operate any cardroom or permit or suffer any cardroom to be established, maintained or operated, upon or within any building, structure, premises or place owned, occupied or controlled by it, unless such cardroom is maintained and operated pursuant to a valid, unexpired and unrevoked city cardroom license issued pursuant to the provisions of this chapter.

(c) Cardroom employee permit required. No person shall serve as an employee of any cardroom which is located within the city, without having a city cardroom employee permit therefor, as provided in this chapter. It is also unlawful for the licensee of any cardroom licensed under this chapter to employ any person without such person having a valid cardroom employee permit issued pursuant to this chapter.

(Ord. No. 24-05, § 6, 12-3-24)

Only a person or entity operating a cardroom licensed pursuant to the provisions of this chapter by the City of El Centro as of January 1, 1998, or that person or entity's lawful successor in interest to the same cardroom operation, is eligible to apply for a city cardroom license. Application for the required license shall be made to the city finance department. The application shall certify the contents of the application under penalty of perjury, and shall be signed by the applicant. To the extent allowed by law, the information received by the city finance department pursuant to the provisions of this section shall be treated as confidential and shall be accessible only to the city finance department, police department, and the city cardroom license applicant. The application shall contain all of the following:

(a) The location of the business for which the city cardroom license is sought, including a specific description of the building or structure within which the cardroom is to be situated, and the specific portion of such building or structure for which a cardroom license is requested. If the entire building or structure is proposed to be used as a cardroom, the application shall so state and shall request a license for the entire building or structure. If only a portion of the building or structure is proposed to be used as a cardroom, the application shall so state, shall describe such portion, and shall request a city license for only such portion. No city cardroom license shall be deemed issued for any portion of any building when the application fails to state what portion is to be used for cardroom purposes, or for any portion for which the application fails specifically to request a license therefor;

(b) The true and complete name(s), social security number(s), residential address(es), and date(s) of birth of the owner or owners of the building or structure (as shown on the most recent title report) within which the cardroom is proposed to be maintained;

(c) The true and complete name(s), social security number(s), residential address(es), and date(s) of birth of the person or persons to whom a city cardroom license is requested to be issued;

(1) If the proposed licensee is an individual, the application shall set forth that individual's name, residential and business addresses, social security number, and date of birth;

(2) If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and its local address. In addition, the names, addresses, social security numbers, and dates of birth of the president and secretary, and the names, addresses, social security numbers, and dates of birth of each shareholder who owns or will own more than ten (10) percent of all outstanding shares of the corporation shall be provided;

(3) If the proposed licensee is a corporation, the application shall include confirmation that the corporation is authorized to do business in California and is in good standing;

(4) If the proposed licensee is a partnership, the application shall set forth the full name of all of the partners, and the firm name under which they do business, and the addresses, social security numbers, and dates of birth of all such partners shall also be given;

(5) If the proposed licensee is a trust, the application shall set forth the full name, address, social security number, and date of birth of all the trustees;

(6) If the proposed licensee is a limited liability company, the application shall set forth the full name, address, social security number, and date of birth of all the officers, managers, members, and owners of the limited liability company;

(7) If the proposed licensee is a business organization other than a corporation, partnership, trust, or limited liability company, the application shall set forth the full name, address, social security number, and date of birth of all the officers, managers, members, owners, or other individuals who own, manage, direct, or control the organization;

(d) A set of clearly identifiable fingerprints and photographs of all of the persons required to be named in the application;

(e) A statement of any other cardroom licenses or cardroom employee permits issued to the proposed licensee or permittee within the past five (5) calendar years that identifies the issuing jurisdiction as well as any licenses or permits which have been revoked;

(f) A statement that the applicant understands and agrees that any business or activities conducted or operated under such application shall be operated in full conformity with all the laws of the state, and with the applicable laws and regulations of the city, and that any violation of any such laws or regulations in such a place of business, or in connection therewith, shall render any city cardroom employee permit and city cardroom license therefor subject to suspension or revocation;

(g) A statement that the applicant understands and agrees that if a license is issued, the chief of police or designee ("chief of police") shall have authority to inspect the premises and record of any licensee without a search warrant. Those city agencies designated to investigate the cardroom premises shall have reasonable access to the premises and applicants to enable those agencies to properly and thoroughly conduct their investigation;

(h) A listing of any other businesses operated by the proposed city cardroom licensee;

(i) Payment of the license fee or renewal fee as established by resolution of the city council of the City of El Centro;

(j) For renewal, evidence of payment to the city of all fees due.

(Ord. No. 24-05, § 6, 12-3-24)

(a) Upon receipt of a complete application for a city cardroom license, the city finance department shall forward a copy to the chief of police with a request that an investigation of the applicant be conducted. To the extent allowed by law, the information received by the police department pursuant to the provisions of this section shall be treated as confidential, shall not be mixed or included in any criminal history files, and shall be accessible only to the city finance director, police department, and the city cardroom license applicant. The city finance director or designee ("finance director"), shall not issue a city cardroom license without the clearance of the applicant by the chief of police. The clearance shall not be issued for any applicant if any of the following circumstances apply:

(1) The applicant does not possess a current state license in good standing from the California Gambling Control Commission to operate a cardroom.

(2) Either the applicant or any person specified in section 4-76.4(c)(1), (2) or (4):

a. Is under the age of twenty-one (21) years;

b. Has had a previous state or local cardroom license or cardroom employee permit revoked for cause by any jurisdiction within the past five (5) years; or

c. Has been convicted of any crime involving gambling, a misdemeanor involving dishonesty or moral turpitude (as described in California Business and Professions Code section 19859(d)) within the past ten (10) years, or has been convicted 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, except that a conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny the clearance pursuant to this section.

(3) The applicant has knowingly made a false statement in the application for the cardroom employee permit or city cardroom license.

(b) Applicants denied a city cardroom license shall be notified in writing by the finance director of the reason(s) for such denial.

(c) A city cardroom license shall be renewed as provided in section 4-76.30. A cardroom employee permit shall be renewed as provided in section 4-76.9.

(Ord. No. 24-05, § 6, 12-3-24)

A city cardroom license shall be revoked or suspended for any of the following reasons:

(a) The California Gambling Control Commission revokes or suspends the owner or operator's state license.

(b) The owner or manager of the cardroom consistently has violated any of the provisions in this chapter.

(c) The owner or manager of the cardroom is convicted of any crime involving gambling, a misdemeanor involving dishonesty or moral turpitude (as described in California Business and Professions Code section 19859(d)), or 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, except that a conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to revoke or suspend a city cardroom license pursuant to this section.

(d) The owner fails to inform the finance director of any change in employment status of an employee required to have a cardroom employee permit within ten (10) calendar days of a change in employment status. "Change in employment status" shall include termination of employment, leave of absence, promotion or other change in job title.

(Ord. No. 24-05, § 6, 12-3-24)

(a) Application for the cardroom employee permit required pursuant to section 4-76.3(c) hereof shall be made to the chief of police on forms to be provided by the police department. The application shall certify the contents of the application under penalty of perjury, and shall be signed by the applicant.

(b) Each and every applicant, prior to the beginning of any employment in a cardroom, shall submit an application for a cardroom employment permit to the police department during normal business hours.

(c) Each applicant shall also:

(1) Be fingerprinted for the purpose of completing a criminal background check;

(2) Be photographed;

(3) Provide any other information that the chief of police may require.

(d) To the extent allowed by law, the information received by the police department pursuant to the provisions of this section shall be treated as confidential, shall not be mixed or included in any criminal history files, and shall be accessible only to the police department and the city cardroom licensee affiliated with the cardroom employee permit.

(Ord. No. 24-05, § 6, 12-3-24)

(a) Upon receipt of all information required pursuant to section 4-76.7, the chief of police shall investigate the applicant. That investigation shall include but shall not be limited to making contact with the California Department of Justice Bureau of Gambling Control. Within thirty (30) days after receipt of the above information and the results of the criminal background check made pursuant to section 4-76.7, the chief of police shall either grant or deny a cardroom employee permit to the applicant. A permit shall not be issued to any person who:

(1) Would be disqualified based on any of the applicable licensing criteria set forth in California Business and Professions Code section 19859;

(2) Has had a previous cardroom license or employee permit revoked for cause by any jurisdiction within the past five (5) years; or

(3) Has been objected to in writing by the California Department of Justice Bureau of Gambling Control; or

(4) Has been convicted of any crime involving gambling, a misdemeanor involving dishonesty or moral turpitude (as described in California Business and Professions Code section 19859(d)) within the past ten (10) years, or has been convicted 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, except that a conviction of a felony for the possession of cannabis, the facts of which would not constitute a felony or misdemeanor under California law on the date the application for a license is submitted, shall not constitute a basis to deny the permit pursuant to this section.

(b) Applicants denied a cardroom employee permit shall be notified in writing by the chief of police or designee, of the reason(s) for such denial.

(c) When the chief of police approves the application of any person for a cardroom employee permit, the chief of police shall issue such person an identification card, which such person shall wear in sight at all times while in or on the cardroom premises.

(Ord. No. 24-05, § 6, 12-3-24)

(a) Each cardroom employee permit shall allow employment by the permit holder only at the cardroom therein specified.

(b) Each cardroom employee permit issued shall be valid only for the fiscal year for which it was issued, and must be renewed for each subsequent fiscal year. In connection with the renewal of each such permit, the permit holder shall furnish the permit renewal fee established by city council resolution, and the chief of police may require that a complete new application form be filed, pursuant to the requirements of section 4-76.7, and the chief of police may carry out an investigation as specified in section 4-76.8.

(c) A cardroom employee permit shall not be renewed if the cardroom therein specified does not have a current city business license and city cardroom.

(Ord. No. 24-05, § 6, 12-3-24)

(a) Any applicant, licensee, or permittee who is aggrieved by any action taken in regard to a city cardroom license or cardroom employee permit shall request an initial appeal before the city manager. Request for such hearing shall be in writing and filed with the city clerk no later than ten (10) calendar days after the final action appealed from was taken, and shall state the grounds upon which the aggrieved party claims there was improper denial, suspension or revocation of the city cardroom license or cardroom employee permit. The city manager may request a meeting with the applicant, licensee or permittee and also may request additional information. The city manager shall provide a written decision within thirty (30) calendar days of any meeting and receipt of all requested information. There shall be no fee for appeal to the city manager. The city manager at the city manager's sole discretion may stay any suspension or revocation pending resolution of an appeal.

(b) The applicant, licensee, or permittee may appeal the decision of the city manager. Upon receipt of a request for a hearing, the matter shall be set for hearing before the city council or any person, body or board designated by the city council to hear such appeal. The appeal shall be heard no later than thirty (30) calendar days after the matter is set for hearing. Written notice of the time and place of hearing on the matter shall be given by the city clerk to the aggrieved party.

(c) There shall be a written report of the appeal hearing. Upon receipt of such report, the city council may take such action or make such orders as the council deems just and proper in the disposition of the matter.

(Ord. No. 24-05, § 6, 12-3-24)

(a) No cardroom owner, operator, licensee, permittee, or employee shall allow alcoholic beverages to be stored, sold, served or consumed without a valid license from the California Alcohol and Beverage Control Board.

(b) No cardroom owner, operator, licensee, permittee, or employee shall allow the storage, sale, service, or consumption of cannabis on the premises by any person.

(Ord. No. 24-05, § 6, 12-3-24)

No cardroom owner, operator, licensee, permittee, or employee shall permit any person to play any cardroom game while such person is obviously under the influence of intoxicating beverage or drug.

(Ord. No. 24-05, § 6, 12-3-24)

In the interest of promoting the public peace, safety and general welfare, cardrooms shall be prohibited in any of the following locations:

(a) Any area with residential zoning.

(b) Within a 600-foot radius of the following uses:

(1) A public or private preschool or K—12 school, including but not limited to a charter school;

(2) A licensed hospital, medical clinic, alcohol or other drug abuse recovery or treatment facility, or community care residential facility providing mental health and social rehabilitation services;

(3) A public park or playground; or

(4) A public library.

(Ord. No. 24-05, § 6, 12-3-24)

(a) No cardroom owner, operator or employee shall permit a person making aggregate bets in excess of two hundred forty-nine dollars ($249.00) in the same hand. However, simultaneous hands or betting squares by the same player is permitted.

(Ord. No. 24-05, § 6, 12-3-24)

The following information must be posted in a conspicuous place in the cardroom:

(a) The minimum buy in, table limits, and any other charges assessed of players at a table. Players shall not be charged based on the amount of the bets made, the size of the "pot," the winnings collected, or the amount of money changing hands.

(b) A set of detailed rules applicable to the games played, which shall be posted in the form of a printed rule book.

(c) A copy of the current valid city cardroom license and the state license issued by the California Gambling Control Commission under the Gambling Control Act.

(d) Copies of the identifying badges of each owner, operator, licensee, permittee and employee.

(e) Each cardroom's hours of operation.

(f) A notice that doors of the cardroom shall remain unlocked during all hours of operation.

(g) A notice of the wagering limits established pursuant to section 4-76.14 of this chapter.

(Ord. No. 24-05, § 6, 12-3-24)

Each owner, operator, licensee, permittee, and employee of a cardroom shall wear an identifying badge approved by the chief of police and bearing on its face a legend identifying the bearer, while the person is in or around the cardroom premises. The badge shall be worn in a location visible to the public. If a person required to wear a badge is present during a card game, the badge shall be worn in a location easily visible to all persons playing in the card game. That person present cannot participate any card game.

(Ord. No. 24-05, § 6, 12-3-24)

A maximum of five (5) card tables within the City of El Centro shall be permitted. There shall be no more than ten (10) players and one (1) dealer at any table at any time.

(Ord. No. 24-05, § 6, 12-3-24)

A maximum of one (1) cardroom shall be permitted to operate within the City of El Centro.

(Ord. No. 24-05, § 6, 12-3-24)

Any time a cardroom changes ownership as defined in section 4-76.24, the new owner must apply and qualify for a city cardroom license as provided by this chapter. Approval is for the remainder of the term of the current license. No license may be sold, transferred, or assigned by the licensee or by operation of law. Any sale, transfer or assignment, or attempt to sell, transfer or assign the license shall be deemed to constitute a voluntary surrender of such license which shall thereafter be deemed terminated and void. This section does not restrict the right of any cardroom owner to sell, transfer or assign an ownership interest in the cardroom business or building or physical premises where the cardroom is located. As used here, change of ownership means when evidence is provided to the finance director that the California Gambling Control Commission has approved a change in ownership of a cardroom.

(Ord. No. 24-05, § 6, 12-3-24)

No cardroom owner, operator, licensee, permittee, or employee shall accept or cash any personal check which does not bear a dollar amount on the face of the check.

(Ord. No. 24-05, § 6, 12-3-24)

All cardrooms shall make literature published by Gamblers Anonymous easily available in a visible location in the cardroom.

(Ord. No. 24-05, § 6, 12-3-24)

All cardrooms shall adopt a written plan, reviewed and approved in advance by the chief of police, to provide for the safety and security of patrons. In addition, each cardroom shall take the following security measures:

(a) The business records, papers, reports, audits, and books of account shall be made available for inspection and copying by the director of finance.

(b) Any owner, operator, licensee, permittee, or employee of the cardroom shall have an affirmative duty to immediately report all crimes occurring on the premises to the chief of police.

(c) A security guard who has a current license or permit under chapter 16, article IX of this Code shall be on duty on the premises at all times the cardroom is open. Security guards shall be licensed by the California Bureau of Security and Investigation.

(Ord. No. 24-05, § 6, 12-3-24)

Card tables or cardrooms may operate twenty-four (24) hours a day. It is unlawful for any owner, proprietor, manager or other person having charge or control of any public place kept for the purpose of playing cards to permit any person other than such owner, proprietor or manager and the employees regularly employed in and about the same, to enter, remain or be therein between the hours of 2:00 a.m. and the hour of 6:00 a.m. of each and every day of the week, including Sunday; unless, if during the hours of 2:00 a.m. and 6:00 a.m., when the cardroom is open, a security guard who has a current license or permit under chapter 16, article IX of this Code is on duty on the premises. The doors of a cardroom shall remain unlocked during all hours of operation.

(Ord. No. 24-05, § 6, 12-3-24)

(a) The city will consider a change of ownership of a cardroom when evidence is provided to the finance director that the state has approved a change in ownership of a cardroom.

(b) Changes in ownership of a licensee's business structure or a substantial change in the ownership of a licensee's business entity (changes that result in a change of more than fifty-one (51) percent of the original ownership), must be approved by the finance director through the transfer process contained in subsection (b). Failure to comply with this provision is grounds for revocation of the city cardroom license.

(c) A licensee may change the form of business entity without applying to the finance director for a transfer of license, provided that the membership of the new business entity is substantially similar to the original license holder business entity (at least fifty-one (51) percent of the membership is identical). The licensee is required to notify the finance director in writing of the change within ten (10) calendar days of the change. Failure to comply with this provision is grounds for license revocation.

(Ord. No. 24-05, § 6, 12-3-24)

This chapter is not intended to permit or license any business for the playing of any game prohibited by the laws of the State of California, nor to permit or license any employee for such unlawful purpose.

(Ord. No. 24-05, § 6, 12-3-24)

The provisions set forth in this chapter shall not apply to card tables maintained in any bona fide hotel, or in any private residence or clubroom, where, for the use of which, no consideration is charged.

(Ord. No. 24-05, § 6, 12-3-24)

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each person is guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and is punishable therefor as provided by this chapter.

(Ord. No. 24-05, § 6, 12-3-24)

The city council shall establish by such fees as may be required for issuance and renewal of cardroom licenses, issuance and renewal of cardroom employee permits, annual cardroom or cardroom table fees, including but not limited to any community benefit fee.

(Ord. No. 24-05, § 6, 12-3-24)

(a) Any city cardroom license granted pursuant to the provisions of this division but under which the thing herein permitted has not been done, carried on or maintained within six (6) months from the time of the issuance or renewal of such license, shall expire by limitation and cease to be valid for any purpose.

(Ord. No. 24-05, § 6, 12-3-24)

(a) A city cardroom license shall expire two (2) years after issuance. To renew a city cardroom license, the licensee shall apply in writing to the city finance department at least thirty (30) days before the date the city cardroom license will expire. The finance director may renew such license upon verification that all requirements of this division are being met. Such renewal shall be for two (2) years from the date of the issuance of the renewal.

(Ord. No. 24-05, § 6, 12-3-24)