Fillmore Municipal Code Ch. 15.44 Card Rooms

"Card room" is any space, room or enclosure furnished or equipped with a table used or intended to be used as a card table for the playing of cards for money, checks, chips, credit or other thing of or representing value.

(Ord. 410 § 1 (part), 1971)

No person shall keep, conduct or maintain a card room in the city, or knowingly permit in the city any building, room, or place owned by him or under his charge or control to be, or to be used as, a card room.

(Ord. 410 § 1 (part), 1971)

Section 15.44.020 does not apply to a place:

(1) In a private home, where an-occasional private game, otherwise lawful, is carried on for purely social purposes; or

(2) On premises occupied and principally used by a fraternal, labor, benevolent, charitable or religious organization, where games, otherwise lawful, open only to members of the organization, are carried on for purely social purposes and the premises are licensed and supervised as provided in this chapter.

(Ord. 410 § 1 (part), 1971)

A fraternal, labor, benevolent, charitable or religious organization may obtain a license to conduct a card room for a single, fixed premises, only if such organization has been in continuous existence, actively conducting its affairs in the city for a period of at least two years immediately before applying for a license, and only if the conduct of a card room is not the primary reason for existence of the organization.

(Ord. 410 § 1 (part), 1971)

The application of a fraternal, labor, benevolent, charitable or religious organization shall be on a form provided by the city and shall state:

(1) The name and mailing address of the organization;

(2) The name and residence address of all officers of the organization;

(3) The principal purpose of the organization;

(4) The location and address of the proposed card room;

(5) Whether the organization has actively conducted its affairs in the city for two or more years, continuously, immediately prior to making the application;

(6) That the organization will on request from the city, provide a list of the names and addresses of all members of the organization.

The application shall be verified.

(Ord. 410 § 1 (part), 1971)

Section 15.44.020 does not apply to a card room conducted for commercial purposes on premises open to the public if such card room is licensed under the provisions of this chapter.

(Ord. 410 § 1 (part), 1971)

Any person who is, on July 27, 1971, the managing operator of a card room located on premises for which there is in effect a city business license issued for the operation of a cardroom may obtain, on making proper application therefor, a card room license. "Managing operator" means, regardless of the identity of the person in whose name a city business license is then in effect, the person under whose direct, personal and immediate control a card room business is conducted. Such application must be made within ten days of July 27, 1971, on a form provided by the city and shall state:

(1) The name, date of birth, business and residence address of every person having any financial interest in the business;

(2) That there are no persons having a financial interest in thee business other than those whose names are disclosed in the application;

(3) The location and address of the card room;

(4) The number of card tables;

(5) A list of all arrests or convictions of each of the persons named in the application and shall contain the fingerprints and photograph of each person named in the application.

The phrase "person having any financial interest in the business" includes every person who shares in the profits of the business on the basis of the amount of gross or net revenue, including, but not limited to every landlord, lessor, lessee or owner of the premises where the card room is located or the fixtures or equipment.

(Ord. 410 § 1 (part), 1971)

15.44.052

Licensed public premises—Fees.

The application shall be accompanied by a fee of one hundred ten dollars for every card table.

(Ord. 479 § 1, 1976: Ord. 410 § 1 (part), 1971)

The chief of police shall investigate to ascertain the truth of the facts stated in the applications referred to in Sections 15.44.045 and 15.44.051 and shall grant the application unless he finds that:

(1) Any statement in the application is untrue;

(2) Any person required to be named in the application has been convicted of a crime involving moral turpitude;

(3) The applicant has violated any provision of this chapter;

(4) Cardplaying or any gaming has been conducted in any place under the control of any person required to be named in the application contrary to the laws of the state. If the chief of police finds any of the foregoing to be true he shall, in writing mailed to the business address of the applicant, notify the applicant that the application is tentatively denied, state the reason therefor, and inform the applicant that the applicant may, within ten days of the date of mailing of the notice present evidence to the chief of police showing that the tentative denial is without grounds or the denial will become final. If the applicant fails to present to the chief of police within the time specified in the notice evidence showing that the tentative denial is without grounds, the denial shall be final without further action.

(Ord. 410 § 1 (part), 1971)

Any license issued under this chapter shall be effective from July 1st, or date of granting of the license, whichever is later, through June 30th of the following year.

(Ord. 410 § 1 (part), 1971)

Any license issued under this chapter may be revoked by the chief of police upon a finding that facts existed at the time of application that would have justified denial, or that similar facts occurred during the license period. The procedure for revocation shall be the same as for denial.

(Ord. 410 § 1 (part), 1971)

If an application is denied or a license revoked, there shall be no refund of any fee.

(Ord. 410 § 1 (part), 1971)

Applications for annual renewal of licenses shall be made and processed in the same manner as applications for original card room licenses, but no application for renewal of a license to operate a commercial card room shall be granted to any person who does not then hold a valid license to conduct a commercial card room.

(Ord. 410 § 1 (part), 1971)

No card room license or renewal thereof shall be assignable or transferable in any manner whatsoever nor shall it authorize any person other than the licensee or his salaried employees to conduct, transact or carry on such business.

(Ord. 410 § 1 (part), 1971)

The number of tables provided for card playing in a card room licensed under Section 15.44.050 shall not exceed twelve tables; provided, that during tournament play and special events, the number of such tables shall not exceed twenty. A maximum of three tournaments may be held in any one week and special events may be held on holidays now enumerated in Government Code Section 6700.

(Ord. 479 § 2, 1976: Ord. 410 § 1 (part), 1971)