§ 113.31 CARD ROOM PERMITS. — Eureka Zoning Code

(A) Required.

(1) It shall be unlawful for any person, for himself or for any other person, firm, or corporation, to engage in or carry on, maintain, or conduct, or cause to be engaged in, carried on, maintained, or conducted, any card room in the city without first securing a permit to do so from the city according to the provisions of this chapter or without complying with each and every regulation contained in this chapter pertaining to such card room. The Council shall issue no more than five card room permits. Each permittee and operator of a card room shall employ only those persons who have obtained a work permit pursuant to the provisions of § 113.32(A) of this chapter.

(2) Any provision of this code to the contrary notwithstanding, a card room permit shall not be issued, and any card room permit heretofore issued may be revoked in accordance with the provisions of division (F) of this section, if the applicant proposes

to operate, or a permittee operates, a card room in conjunction with, or proposes to engage in or is engaged in, any other business activity on the same or adjacent premises, excepting only the operation of a cafe, billiard parlor, tobacconist, or public premises under a general on-sale liquor or general on-sale beer and wine license.

(3) Card rooms are allowed within the following described “card room” district: All that land lying within the city which is bounded on the north by Second Street, bounded on the south by Fourth Street, bounded on the west by “B” Street, and bounded on the east by “I” Street. Card rooms may be permitted by the City Council outside the card room district after a noticed public

hearing. The hearing shall be noticed in manner specified for conditional use permits by the Zoning Regulations, Chapter 155 of this code. All card rooms must be located within a zoning district that allows card rooms as a principal permitted use. ('63 Code, § 6-5.02)

(B) Issuance of business license. The permit to carry on the business of a card room shall be obtained before any business license shall be issued pursuant to the provisions of Chapter 110.

('63 Code, § 6-5.03)

(C) Application.

(1) An applicant for a card room permit shall file his application with the Council. The application shall be signed and verified by the applicant, and accompanied by the fee required, and shall set forth the following information:

(a) The name and address of the applicant;
(b) The nature of the business for which the permit is requested;
(c) The place where such business is to be conducted;
(d) The name and address of the person by whom employed, if any;
(e) A brief description of the nature and amount of equipment to be used in the business;
(f) A personal description of the applicant;
(g) Evidence of the identity of the applicant in such character as the Police Chief may require;

(h) Two photographs of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(i) The true names and addresses of all persons financially interested in the business. “Persons financially interested” shall include all persons who share in the profits of the business on the basis of gross or net revenues;

(j) The past criminal record, if any, of the applicant and of all persons financially interested in the business; and,
(k) Fingerprints of the applicant and of persons financially interested in the business.
(2) If an application is made by an entity other than a natural person, the application shall be signed and verified by the

president and secretary of such entity and shall disclose the identity of all stockholders of such entity as being persons financially interested in the business.

('63 Code, § 6-5.04)

(D) Investigation of applicant. A copy of the application for a card room permit shall be furnished to the Chief of Police who shall, within a reasonable time thereafter, inspect, or cause to be inspected, the premises at which the card room is to be maintained. The Chief of Police shall also investigate or have investigated the moral character and reputation of the applicant.

Upon the conclusion of his investigation, the Chief of Police shall furnish the City Manager with a written report of such inspection and investigation, stating his approval or disapproval for the issuance of such permit and the reasons therefor. Thereupon, the City Manager shall endorse the Chief of Police's report and add thereto any information or remarks considered pertinent and file the same with the City Clerk. The City Clerk shall thereupon place the application on the Council's agenda at the earliest practical date, notifying the applicant of the time at which the application shall be considered by the Council. ('63 Code, § 6-5.05)

(E) Granting; grounds for denial. An application for a card room permit may be denied by the Council as set forth in Bus. & Prof. Code § 19850A:

(1) The Council shall deny a liscense to any applicant who is disqualified for any of the following reasons:
(a) Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.

(b) Failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the Chief of Police, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualifying criteria.

(c) 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.

(d) 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 § 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to § 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the Council under § 19847A or affect the applicant's burden under § 19848A.

(e) Association of the applicant with criminal profiteering activity or organized crime, as defined by § 186.2 of the Penal Code.

(f) Contumacious defiance by the applicant of any legislative investigatory body, or other 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 § 186.2 of the Penal Code.

(g) The applicant is less than 21 years of age.

(2) This section shall become operative on the occurrence of one of the events specified in § 66 of the act that added this section to the Business and Professions Code.

(F) Suspension and revocation.

(1) Initiating action. The Chief of Police may recommend that any card room permit issued pursuant to this chapter be suspended or revoked. Such recommendation shall be filed with the City Manager, setting forth therein the reasons therefor, together with all supporting facts. The City Manager shall thereupon submit the same to the Council with his recommendations.

(2) Council hearing and action on recommendation. Upon the presentation of a recommendation for the revocation of a card room permit, the Council may order such permit suspended or revoked if the Council determines that the holder of such permit has been guilty of violating any of the provisions of this chapter or that, because of the manner in which such business has been operated, its continued operation will be injurious to the public health, safety, welfare, or morals of the residents of the city. Any of the grounds upon which the Council shall refuse to issue a permit shall also constitute grounds for such revocation or suspension. Before ordering such revocation or suspension, the Council shall cause written notice to be served upon the holder of the permit that such suspension or revocation has been recommended to the Council and that a hearing on such recommendation shall be held in the Council chambers in the City Hall at a time mentioned in such notice, not less than ten days after the date of such notice. At such hearing, the holder of such permit shall have an opportunity to be heard and present such evidence in opposition to such recommendation as he desires.

('63 Code, § 6-5.07)

(G) Term. Card room permits shall continue to be valid from the date of issuance unless suspended or revoked for any of the causes set forth in this chapter.

('63 Code, § 6-5.08)

(Ord. 2853, passed 12-6-60; Am. Ord. 199-C.S., passed 1-5-73; Am. Ord. 446-C.S., passed 7-16-86) Penalty, see § 10.99