Gilroy Municipal Code § 16.6 (Reserved)

Editor’s note: Section 16.6 was repealed by Ord. No. 941, § 2, enacted Nov. 15, 1971.

The following regulations shall be and are hereby adopted for the conduct and operation of cardrooms.

(a) Definitions.

(1)

“Ante”

means a stipulated amount put up by all the players that are to be dealt cards.

(2)

“Applicant”

means any member, stock-holder, officer, director, partner, principal, associate, individual, or combination thereof holding any direct or indirect financial interest in a cardroom, or who has the power to exercise influence over the operation of the cardroom, or the agent therefor.

(3)

“Banking game”

means a game in which there is a fund of money or other valuable consideration controlled by the house or an individual player against which the participant may bet and from which is paid all that is won by a participant with the house or individual player taking all losses.

(4)

“Cardroom”

means any business establishment wherein legal gambling is conducted.

(4.5)

“Division”

means the State of California, Department of Justice, Division of Gambling Control and any successor divisions or agents of the State of California that may have responsibility for, and jurisdiction over, gambling control within the state.

(5)

“Hand”

refers to cards legally belonging to a player during the course of play and all action which transpires between the shuffle and the winning of the pot.

(6)

“House”

means any owner or manager of any cardroom or their agents, employees, or anyone acting on their behalf whether compensated or not.

(7)

“Percentage game”

means a game in which the house charges any person or group of persons by collecting money or any other thing of value from any participant based upon the amount of bets made, winnings collected, or the amount of money changing hands.

(8)

“Permitted games”

shall mean those card games established by resolution of the city council, as may be amended from time to time. The rules of play of said games shall be those rules approved by the chief of police of the City of Gilroy. The chief of police, when reviewing proposed rules of play submitted by a cardroom permittee, may approve, deny or modify the rules.

(9)

“Permittee”

means a person to whom a cardroom permit has been issued pursuant to this section.

(10)

“Posted rules”

means written rules and guidelines as to the play of any certain game, conduct, upon the premises, ranking of hands, and other information as may from time to time be conspicuously placed so as to be visible by and for the benefit of persons playing card games within a cardroom. Posted rules and guidelines as to the play of any certain game may be printed and made available upon request to every person playing upon the cardroom premises so long as a notice of the availability of such printed rules and guidelines is conspicuously placed.

(11)

“Second party checks”

means a negotiable instrument, the holder of the rights of the payee of which transfers those rights by endorsement, assignment, or other form of negotiation, to any permittee, owner, manager or employee or other agent of permittee.

(12)

“Wager”

means to risk money or a thing of value on an uncertain event with the prospect of obtaining money or a thing of value risked by another person or persons on the occurrence of the event.

(b) Existing Cardrooms. Cardrooms in operation within the city at the time of the adoption or amendment of these regulations may continue in operation under the terms and conditions of its current business license, but shall be subject to all of the regulations herein upon expiration of its license year pursuant to article II of Chapter 13 of this Code.

(c) Permits Required. No person, partnership, corporation, or other entity or organization, shall establish, own, operate, or otherwise maintain a cardroom within the city without first obtaining, and then maintaining in full force and effect, (i) a valid, unexpired, unsuspended and unrevoked business license from the city, (ii) a valid, unexpired, unsuspended and unrevoked cardroom permit from the city, and (iii) a valid, unexpired, unsuspended and unrevoked license from the State of California Department of Justice, Division of Gambling Control pursuant to The Gambling Control Act, California Business and Professions Code section 19800 et seq., as it may be amended from time to time.

(d) Limitation on Number of Permits. At no time shall the city issue more than one (1) cardroom permit.

(e) Application Information Required. Each and every applicant shall apply for a cardroom permit as follows:

(1) Furnish to the police chief a true and correct copy of its completed application for initial registration or application for renewal gaming registration or successor document that has been or will be furnished to the Department of Justice, Division of Gambling Control, in connection with its state registration under The Gambling Control Act, California Business and Professions Code § 19800 et seq., as it may be amended from time to time, and verify under penalty of perjury on forms provided by the city that the application for initial registration or application for renewal gaming registration or successor document submitted to the city is a true and correct copy of the application documents submitted or to be submitted by such applicant to the Department of Justice, Division of Gambling Control;

(2) Provide to the police chief the true and complete name or names, and addresses, of the owner or lessor of the building or structure within which the cardroom is proposed to be maintained if the application for initial registration or application for renewal gaming registration or successor document does not specify same;

(3) Provide to the police chief the true and complete name or names, and addresses, of the applicant if the application for initial registration or application for renewal gaming registration or successor document does not specify same;

(4) Allow the police chief to obtain a set of clearly identifiable fingerprints and a clear, fron-tally-posed photograph of the applicant all in a form and manner approved by the police chief;

(5) Provide to the police chief a written statement that the applicant understands and agrees that:

a. The police chief, fire chief and any other city official involved in the investigation and evaluation of cardroom permit applications, or their authorized agents, shall conduct such reasonable investigation and inspection of the applicant (including the applicant’s criminal history) and the cardroom premises as may be necessary, in the city official’s determination, to consider and evaluate the applicant’s cardroom permit application and shall have reasonable access to the cardroom premises and the books and records of the applicant in connection with such investigation or inspection;

b. The applicant’s cardroom permit application shall be considered by the city council after a full investigation and evaluation of reports received by the city administrator, police chief, fire chief and any other city official, or their authorized agents, which reports may include information concerning the applicant’s criminal history as may be relevant to the applicant’s cardroom application;

c. Except as the applicant may authorize the release of information held by the city regarding the applicant, the cardroom and all persons associated with that cardroom, all information contained within the application information required pursuant to this section shall be confidential to the extent permitted by law.

d. The sole and exclusive discretion as to the granting or denial of any such permit is vested in the city council; and

e. Any business conducted under any cardroom permit shall be in accordance with all applicable local, state and federal laws, rules or regulations.

(6) Pay to the city the applicable permit application fees, which fees shall be retained by the city for recovery of the costs and expenses incurred by the city in processing or conducting any investigation or inspection relating to the cardroom permit application.

(f) Application Investigation.

(1) Upon receipt of a cardroom permit application, the police chief shall examine the same for compliance with this section. If the application fails to comply with this section or does not contain all of the information required, the police chief shall return the application to the applicant for proper completion thereof.

(2) If the application complies with this section, then the police chief shall, to the extent necessary, conduct an investigation thereof. The police chief shall transmit a copy of the application to the fire chief and other applicable city officials for review and report, which review(s) and report(s) shall then be forwarded to the city administrator within a reasonable period of time. The police chief and his or her authorized agents are hereby authorized to obtain criminal history information for each applicant applying for a cardroom permit for the purpose of determining those who have been arrested or convicted for any crime involving lotteries, illegal gambling, larceny, perjury, bribery, extortion, fraud or other crimes involving moral turpitude or crimes related to a service or entertainment business or crimes involving drugs. The police chief’s review and report on the application, including the applicant’s criminal history information, shall also be forwarded to the city administrator within a reasonable period of time.

(3) Within a reasonable time period, the city administrator shall review the application together with all reviews and reports received and shall:

a. Report to the city council upon whether operation of the proposed cardroom shall be detrimental to crime prevention or to the public health, safety or welfare in the area and shall state its reasons therefor;

b. Recommend issuance or denial of the cardroom permit;

c. Set forth any conditions, limitations and restrictions to which, in the city administrator’s determination, the cardroom permit should be subject and state the reasons therefor;

d. Set forth any other information or recommendation as may be relevant.

(g) Determination on Application.

(1) After receipt of a report on the application from the city administrator, a public hearing on the application shall be held before the city council within fourteen (14) days thereafter. Not later than the eleventh day preceding the date set for hearing, the city clerk shall provide written notice of the hearing by first class mail to the applicant, post, or cause to be posted, in a conspicuous place, and publish, or cause to be published, in a newspaper of general circulation, a written notice which shall:

a. Be entitled in bold letters, “NOTICE OF HEARING ON APPLICATION FOR CARD-ROOM PERMIT”;

b. State that an application has been made to the city council for a cardroom permit and identify the applicant;

c. Describe the premises for which a cardroom permit is requested;

d. Give notice of the time and place at which the city council will hold a public hearing on the application;

e. Give notice that any person will be given a reasonable opportunity to be heard at the public hearing and, in addition, may file written protests with the city clerk at any time before the conclusion of the public hearing; and

(2) At the time and place set for hearing of an application for a cardroom permit, and/or at such other times and places to which it may continue the hearings, the city council shall consider the application, the reports of the various departments and written protests or objections, and shall give reasonable opportunity to be heard to all persons who which to be heard concerning the granting of the requested permit;

(3) The city council may, in its discretion, either approve the application and grant the permit, with or without conditions or deny the application and refuse to grant the permit;

(4) Any such permit granted by the city council shall be deemed conditioned so as to require compliance with all of the terms, conditions, and provisions of these regulations, as well as all other applicable local, state and federal laws. The permit shall further be conditioned upon the applicant agreeing, unless he surrenders his permit, to hold the city harmless with respect to all damages which the city actually incurs as a result of any grossly negligent behavior or intentional misconduct arising from the operation of the applicant’s cardroom business, and may additionally contain any other conditions the city council may impose as express conditions of approval; and

(5) The decision of the city council to approve any such application and grant the permit applied for therein, or to deny any such application and refuse to grant the permit applied for therein, shall be final and conclusive.

(h) Findings for Approval.

(1) The city council may approve a cardroom permit application unless the council determines that one (1) or more of the following circumstances exists:

a. Operation of the proposed cardroom will aggravate crime problems in the area, or otherwise be detrimental to crime prevention or to the public peace, health, safety or welfare in the area;

b. Operation of the proposed cardroom would violate city’s zoning, fire or building code, or some other applicable local, state or federal law, rule, ordinance, resolution or regulation; and/or

c. That it is inappropriate to issue a cardroom permit to the applicant. In making this determination, the city council may consider:

1. The criminal history of such applicant or the applicant’s employees or agents;

2. Any act of dishonesty, fraud or deceit committed by such applicant or the applicant’s employees or agents;

3. The license and permit history of such applicant;

4. The business and credit history of such applicant;

5. Violations of any law relating to the premises, equipment or operation of the proposed cardroom;

6. Any false statements made by such applicant in the cardroom application;

7. Any other relevant information.

(2) Upon approval or conditional approval of a cardroom permit application by the city council, and written confirmation that the applicant has been registered with the State of California Department of Justice, Bureau of Investigation, Division of Gambling Control pursuant to The Gambling Control Act, California Business and Professions Code § 19800, et seq., as it may be amended from time to time, and proof of payment of all fees required by this section, the city administrator shall issue a written cardroom permit, subject to any conditions, limitations and restrictions required by the city council in its reasonable determination.

(3) The initial cardroom permit shall be issued with an expiration date of December 31 of that year.

(4) Each and every individual who is an applicant as defined in this section, and to whom the cardroom permit is issued, shall also be issued by the police chief an identification card which must be worn in plain view during all working hours at a cardroom. The police chief may establish regulations further governing the manner in which such identification cards shall be worn.

(i) Renewal. The holder of an unsurrendered, unsuspended, unrevoked and otherwise valid cardroom permit issued pursuant to this section may renew such cardroom permit for periods of one (1) year only by completing and submitting to the police chief at least ninety (90) days prior to the expiration date of the existing cardroom permit a renewal application verifying that all information currently on file is accurate, or updating said information. The police chief may require additional information in his reasonable determination necessary for a decision on the renewal. Such permit renewal may be approved, denied or conditioned upon the grounds set forth in subsection (h) above. In the police chief’s sole discretion, each cardroom permit renewal application may be subject to the review procedure applicable to an initial cardroom permit application as set forth in this section. Such review, however, shall be limited to changed circumstances as indicated by the renewal applicant’s update of information currently on file, or by information acquired by the police chief during the course of investigating or otherwise acting on the renewal application.

(j) Nonassignability. No cardroom permit may be sold, transferred, or assigned, either voluntarily or by operation of law, to any other person, persons or entity. Any such sale, transfer or assignment shall constitute a voluntary surrender of such cardroom permit, which thereafter shall be deemed terminated and void. Nothing in this section shall restrict the sale, transfer, or assignment of a cardroom business for purposes of the continued operation of that cardroom in the city, to any person or entity authorized and registered to own and operate a cardroom at that location pursuant to the requirements of the Division of Gambling Control and this section.

(k) Suspension; Revocation. No permittee shall be allowed to operate or conduct business otherwise permitted under the permittee’s cardroom permit during any period of time that the cardroom permit is suspended or revoked. All cardroom permits shall be subject to suspension or revocation by the city administrator, or the city council on appeal, when any one (1) of the following occur:

(1) The permittee, or its agent or employee, has violated a provision of this section;

(2) The permittee, or its agent or employee, has violated any condition, limitation or restriction of its cardroom permit;

(3) Grounds exist under which denial of a cardroom permit would be justified if such an application were pending; or

(4) The permittee, or its agent or employee, has violated any local, state or federal law, rule, regulation, ordinance or resolution relating to the establishment, maintenance, or operation of its cardroom.

Except as provided in subsection (k)(1) of this section, a cardroom permit shall be suspended or revoked only after the permittee has been given reasonable notice and opportunity to be heard by the city administrator. Notice of the hearing setting forth the time, date and place of hearing and the reasons for suspension or revocation shall be given to the permittee no later than ten (10) days prior to the date of the hearing. The permittee shall be given the opportunity to present witnesses and evidence at the hearing. Within a reasonable time after the close of hearing, the city administrator shall render a decision setting forth the findings and reasons therefor. Said decision shall be mailed to the permittee at the address of the permittee’s cardroom.

(l) Emergency Suspension. Either the police chief or the city administrator may issue an order suspending a cardroom permit for a period of time not exceeding ten (10) days without first conducting a hearing if the city administrator or police chief determines that the continued operation of the cardroom will cause an immediate hazard to the public safety, health or welfare, or that the cardroom is allowing the playing of banking games or percentage games or any other game not permitted by resolution of the city council, or that the cardroom is being operated without the daily presence of a person registered with the state pursuant to The Gambling Control Act, California Business and Professions Code § 19800, et seq. A hearing on the decision of the city administrator or police chief in this regard shall be held within ten (10) days of the decision pursuant to the procedure set forth in subsection (k) of this section, with the exception that the hearing shall be held before the officer responsible for making the decision to suspend the cardroom permit.

(m) Appeal of Suspension or Revocation. The decision of the city administrator or police chief to suspend or revoke a cardroom permit pursuant to subsections (k) or (l) of this section may be appealed to the city council by filing with the city clerk a written notice of appeal setting forth the grounds for the appeal within ten (10) days after a copy of the decision of the city administrator or police chief has been placed in the mail to the permittee. The date of the mailing shall be indicated on a proof of mailing that shall be mailed along with the copy of the decision.

(n) Employee Registration.

(1) It shall be unlawful and a violation of this section for any permittee to employ any person in connection with the operation of a cardroom who has not first registered with, and been issued an identification card by, the police chief.

(2) Each and every cardroom employee shall register with the police chief during normal business hours, at least fifteen (15) business days prior to commencing employment. Each employee shall complete an application for employee registration, be fingerprinted, be photographed, provide any other relevant information that the police chief, or his or her authorized agent, reasonably may require, and certify the truth of all such information provided under penalty of perjury.

(3) The police chief shall establish procedures to implement, administer and enforce the provisions of this section.

(4) The police chief, or his or her authorized agent, is hereby authorized to obtain criminal history information for each employee seeking registration.

(5) Within ten (10) business days after receipt of all registration information, the police chief shall either grant or deny such registration and explain the reasons for any denial. Applications for registration may be denied where the police chief finds that there is good cause therefor. Good cause includes, but is not limited to:

a. The person has been convicted of a crime involving theft, embezzlement, moral turpitude or a crime involving drugs;

b. The person previously has been denied, or has had revoked, a license or permit issued by a public entity;

c. The person made false statements in connection with its registration application;

d. The person has been convicted of a felony or is the subject of outstanding arrest warrants.

(6) If the police chief has not completed all necessary investigation of the applicant and the application, but has no reason to believe that any ground exists for denial of the application, the police chief may issue a temporary identification card with such terms, conditions or restrictions as the police chief may deem necessary. The duration of any such temporary identification card shall be no more than six (6) months and shall be automatically revoked upon the actual issuance or denial of the application for employee registration. Temporary registration cards must be worn in plain view at all times the employee is physically present on cardroom premises. The police chief may establish regulations further governing the manner in which temporary identification cards shall be worn.

(7) The police chief’s decision to deny such registration may be appealed to the city council within ten (10) days of the police chief’s decision, and a public hearing shall then be noticed and conducted in substantially the same manner provided for consideration of cardroom permit applications pursuant to subsection (g) of this section.

(8) Registered employees shall be issued an identification card which must be worn in plain view at all times the employee is physically present on cardroom premises. The police chief may establish regulations further governing the manner in which such identification cards shall be worn.

(9) The police chief may suspend or revoke an employee registration where the police chief finds that there is good cause therefor. “Good cause” for suspending or revoking an employee registration is the same as that for denying an application therefor pursuant to this section. The police chief’s decision to suspend or revoke may be appealed to the city council within ten (10) days of the police chief’s decision, and a public hearing shall then be noticed and conducted in the same manner as a decision to deny an employee registration application.

(10) In addition to any other restrictions provided by law, no cardroom identification card shall be issued to anyone who is disqualified from holding a State gambling license for any of the reasons specified in the Gambling Control Act, California Business and Professions Code section 19800, et seq.

(11) Every application for a cardroom identification card shall be subject to objection by the Division. If the Division objects to the issuance of cardroom identification card, issuance of the card shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act.

(o) Fees.

(1) A cardroom permit application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the initial cardroom permit application, and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(2) A fee for initial cardroom permits in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to city, shall be paid by applicant at the time a cardroom permit is issued. For initial permits expiring in under twelve (12) months, the annual fees shall be prorated on a monthly basis;

(3) A cardroom permit renewal application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the cardroom permit renewal application, and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(4) An annual cardroom permit renewal fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to city, shall be paid by permittee at the time a cardroom permit renewal is issued;

(5) Annual table permit fees in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, shall be paid by applicant/permittee to city at the time a cardroom permit or permit renewal is issued, whether or not such table shall be in constant use. If the number of cardroom tables is later reduced or a cardroom permit is suspended, revoked, surrendered, not renewed or expires, any table permit fees previously paid shall not be refunded;

(6) An initial employee registration application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the initial application and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(7) An annual employee registration renewal application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the application for renewal and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(8) The fees set forth herein may be amended from time to time by resolution of the city council.

(p) Table Restriction. No permittee, or the permittee’s employee, shall use, operate or permit the use or operation of more cardroom tables than those permitted by its cardroom permit and for which the permittee previously has paid the required table permit fees. The number of tables located at a cardroom shall not be increased without prior approval of the city council and prior payment of the appropriate table permit fees. In any event, no cardroom shall operate more than twelve (12) tables. All tables shall be located in the same room and be visible from the entrance of the cardroom.

(q) Permitted Games. The games permitted within the city boundaries are those permitted by local, state, and federal law, and shall also be played pursuant to the rules of play approved by the chief of police. It shall be unlawful for any cardroom permittee, or its agent or employee, to allow the playing of any games not permitted by the provisions of this section or state law, or to allow the playing of any permitted game in a manner other than in strict conformance with the rules of play approved by the chief of police.

(r) Permitted Locations.

(1) The playing of all games permitted under this section shall be confined to those designated areas of the cardroom premises as may be set forth in the cardroom permit, and no playing of any games shall be permitted at any other location within or upon the cardroom premises for which prior written approval from the city administrator has not been obtained.

(2) Cardrooms shall be located only in those certain districts as set forth in the Gilroy Zoning Ordinance. A cardroom permit shall be issued only if the premises meet all requirements of the Zoning Ordinance, and the applicant obtains all required zoning permits. In determining whether to approve the location of a proposed cardroom, the city shall take into consideration the effect of operation of a cardroom on other sensitive uses located in the vicinity of the proposed cardroom, including but not limited to schools, public parks or recreation areas, hospitals, public buildings with programs for minors, and religious institutions. As used in this section, the terms (i) “school” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(n); (ii) “public park or recreation area” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(k); (iii) “public building with programs for minors” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(j); and “religious institution” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(l).

(s) Wagers. There shall be no limits on any person playing within the cardroom premises to make a single ante, wager or bet.

(t) Identification Card. It shall be unlawful for any permittee, manager, operator, employee or any other person employed by or having a financial interest in the cardroom to be physically present upon the cardroom premises without having prominently displayed in plain view, and in accordance with any regulations set forth by the police chief, their own personal identification card.

(u) Permitted Players. It shall be unlawful for any permittee, owner, manager or employee of any cardroom to play cards upon the cardroom premises in which they have an interest unless he or she wears their identification card in plain view to all persons with whom they are playing cards. Managers or employees of any cardroom may only play cards upon the cardroom premises with their own, personal money.

(v) Lending Money Prohibited. It shall be unlawful for any permittee, owner, manager, employee or other agent of permittee, or person having a financial interest in the cardroom to engage in the lending of money, chips, tokens, or other things of value, either real or promised, to any customer, player or other person on or about the cardroom premises for the purpose of allowing that person to play cards upon the cardroom premises.

(w) Second Party Checks Prohibited. It shall be unlawful for any permittee, owner, manager or employee or other agent of permittee to cash or otherwise accept second party checks, or allow second party checks to be cashed or otherwise accepted, on or about the cardroom premises.

(x) Posted Rules of Play. It shall be the responsibility of each and every cardroom permittee to post the rules and regulations relating to cardrooms and permitted card games in a conspicuous and easily available location within the cardroom premises. Permittees, owners and managers shall be responsible to ensure that all cardroom employees have read and understood the posted rules. The posted rules shall include at least one (1) set of the rules of play for each permitted game as approved by the chief of police. These posted rules shall either be posted on a wall or other conspicuous place visible from any cardroom table, or printed and made available upon request to each and every person playing any game upon the cardroom premises, so long as a notice of the availability of said rules of play is conspicuously posted and visible from any cardroom table. The posted rules shall also include at least one (1) set of the following rules and regulations posted in a conspicuous and easily available location within the cardroom premises:

(1) No person under the age of twenty-one (21) is permitted to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises;

(2) No person who is obviously under the influence of an intoxicating beverage, narcotic or drug is permitted to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises;

(3) Disorderly conduct or any other conduct that constitutes a breach of the peace or that is otherwise detrimental to the public health, safety or welfare, is prohibited on or around the cardroom premises;

(4) It is unlawful for any permittee, owner, manager, employee or other agent of permittee, or person having a financial interest in the cardroom to engage in the lending of money, chips, tokens, or other things of value, either real or promised, to any customer, player or other person on or about the cardroom premises for the purpose of allowing that person to play cards upon the cardroom premises;

(5) It is unlawful for any permittee, owner, manager or employee or other agent of permittee to cash or otherwise accept second party checks, or allow second party checks to be cashed or otherwise accepted, on or about the cardroom premises;

(6) It is unlawful for any owner, operator, shareholder, manager, employee or any other person employed by or having a financial interest in the cardroom to be physically present upon the cardroom premises without having prominently displayed in plain view their own personal identification card;

(7) It is unlawful for any permittee, owner, manager or employee of any cardroom to play cards upon the cardroom premises in which they have an interest unless he or she wears their identification card in plain view to all persons with whom they are playing cards. Managers or employees of any cardroom may only play cards upon the cardroom premises with their own, personal money.

(y) Inspections. All cardrooms shall be open for inspection by the police chief, the fire chief and any other city official during normal business hours, without search warrant, who may seize any evidence of any violation of this section without a search warrant or other legal process.

(z) Access. There shall be at least two (2) adequate and proper means of ingress and egress to the immediate area of the cardroom tables.

(aa) Barroom Access. Cardrooms operating between the hours of 2:00 a.m. and 6:00 a.m. shall not permit access to any alcoholic beverages during those hours. All alcoholic beverages shall be kept in locked cabinets, storage closets, or in other secured containers during those hours.

(bb) Minors and Intoxicated Persons Prohibited. Permittee and permittee’s agents and employees shall not allow persons under the age of twenty-one (21) and persons who are obviously under the influence of an intoxicating beverage, narcotic or drug to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises.

(cc) Disorderly Conduct. All cardroom permittees, owners, operators, and managers are responsible for insuring that no disorderly conduct occurs on or around the cardroom premises and that no other similar conduct occurs on or around the cardroom premises such that it constitutes a breach of the peace or that is otherwise detrimental to the public health, safety, or welfare.

(dd) Violation a Misdemeanor. Violation of this section shall be a misdemeanor.

(ee) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the cardroom permit, a cardroom, may operate twenty-four (24) hours per day. Each cardroom permittee shall clearly post the hours of operation of the cardroom so as to provide law enforcement and the cardroom patrons adequate notice of the hours of operation.

(Ord. No. 677, §§ 1, 2; Ord. No. 769, § 1; Ord. No. 86-19, § 55, 10-6-1986; Ord. No. 86-25, § 1, 12-1-1986; Ord. No. 94-5, § I, 5-16-1994; Ord. No. 99-4, § I, 4-19-1999; Ord. No. 2000-4, § I—III, 2-7-2000; Ord. No. 2000-05, § I, 3-6-2000; Ord. No. 2003-15, § I, 10-9-2003; Ord. No. 2010-08, § I, 5-3-2010; Ord. No. 2013-05, § I, 3-4-2013; Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2018-13, § 1, 9-17-2018; Ord. No. 2025-03, § 1, 5-5-2025)

§ 16.7. through § 16.13. (Reserved)

Editor’s note: Sections 16.7—16.13, 16.14, 16.15 and 16.16 were repealed by Ord. No. 941, § 2, adopted Nov. 15, 1971.