Guadalupe Municipal Code Ch. 5.32 Cardrooms

It is the stated intent of this chapter to regulate cardrooms and tables within the City, concurrently with the State of California, to the extent authorized by and as required by, Business and Professions Code Section 19800, (popularly referred to as the Gambling Control Act and, together with the regulations of the State of California Department of Justice Division of Gambling Control promulgated thereunder, hereinafter collectively referred to in this chapter as the "Act").

(Ord. 99-347 §1)

It is unlawful for the operator, or any person having charge, control, or management of any establishment, social club, or place of business open to the public, or to which an admission fee is charged, to conduct, operate, or participate in any card game, or to permit or suffer upon or in such premises the conduct or operation of any card game regulated by the Act, or participation therein by others, unless such operator or other person having charge, control, or management of such establishment, club, or place of business shall have first obtained from the City, a cardroom permit to conduct such card game.

(Ord. 99-347 §1)

A. An applicant for a cardroom permit, or for the renewal of a cardroom permit, shall submit an application to the Chief of Police of the City (hereinafter referred to as the "Chief"), which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business and the plan for patron security and safety required by Section 5.32.170. The term "persons financially interested" means and shall include all persons who share in the profits of the business, on the basis of gross or net revenue. The past criminal record, if any, of the applicant and of all persons financially interested in the business shall be shown on the application. The application shall also be accompanied by fingerprints and recent photographs of the applicant and of all persons financially interested in the business, and an amount equal to any fingerprint processing fee required by the City.

B. An application for renewal of a cardroom permit need not be accompanied by fingerprints or a recent photo or such fee if the application for renewal contains no additional names to the original cardroom permit application.

C. An application for renewal of a cardroom permit shall be completed and filed within 30 days prior to expiration of the existing permit. If an application for renewal is not filed, or the application fee is not paid within the 30-day time limit, the cardroom permit shall expire one year after the date of its issuance or last renewal.

D. A cardroom permit may be issued only to citizens or legal residents of the United States.

(Ord. 99-347 §1)

A. The Chief shall deny an original or renewal of a cardroom permit application to any applicant who is disqualified for any of the following reasons:

1. Failure of the applicant to clearly establish eligibility and qualification in accordance with this chapter.

2. Failure of the applicant to provide the information, documentation, and assurances required by this chapter or requested by the Chief, 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 qualification criteria.

3. Conviction of the applicant of any 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 of any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application.

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

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 Penal Code Section 186.2.

7. The applicant is less than 21 years of age.

B. The action of the Chief denying a cardroom permit on the basis of this section shall be subject to appeal to the Council. Notice of such appeal shall be filed with the City Clerk within 10 days after notice of denial of the permit. Upon failure to file notice of appeal within the 10-day period, the action of the Chief denying the permit shall be final and conclusive.

(Ord. 99-347 §1)

Every person conducting, carrying on, or managing a cardroom, or permitting the conduct or operation of any card game in premises open to the public, or to which an admission fee is charged, as provided in Section 5.32.020 of this chapter, whether separately or in conjunction with any other business, shall pay to the City the sum of $500.00 annually, payable in advance, plus an additional permit fee of $200.00 annually, payable in advance, for each table in such cardroom or cardrooms. The Council may change such fees by resolution adopted from time to time.

(Ord. 99-347 §1)

Cardroom permits shall be prominently displayed in the cardroom area.

(Ord. 99-347 §1)

A. No person shall be granted a permit to operate more than one cardroom.

B. No cardroom permit shall be sold, transferred or assigned by the permittee or by operation of law. Any sale, transfer, or assignment, or attempt to sell, transfer, or assign the permit shall be deemed to constitute a voluntary surrender of the permit, which shall thereafter be deemed terminated and void. This section does not restrict the right of any cardroom owner to sell, transfer, or assign ownership interest in the cardroom itself. Any time a cardroom changes ownership the new owner must apply and qualify for a cardroom permit as provided by this chapter.

C. The Council may, by resolution, in the best interest of the public welfare, limit the number of cardroom permits issued within the City.

(Ord. 99-347 §1)

A. Cardroom employees must obtain a cardroom work permit from the Chief. For the purpose of this chapter, "cardroom employees" are defined to include dealers, overseers and others directly connected with the operation and supervision of card tables, and excludes waiters, waitresses, bartenders, culinary workers and others not connected with such operation and supervision. Applications for cardroom work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant, and such information as may be deemed necessary by the Chief to determine whether the applicant is a proper person to be issued a cardroom work permit. The application also shall be accompanied by fingerprints, a recent photograph of the applicant and an amount equal to any fingerprint processing fee required by the City.

B. A cardroom work permit shall not be issued to any person who would be disqualified from holding a state gambling license for the reasons specified in paragraphs (1) through (7), inclusive of subdivision (a) of Section 19850A of the Act, or regarding whom the Division of Gambling Control of the State of California has filed an objection with the City.

C. The Chief may deny issuance of a cardroom work permit for any further cause deemed reasonable by the Chief. The action of the Chief denying a cardroom work permit on the basis of this section shall be subject to appeal to the Council. Notice of such appeal shall be filed with the City Clerk within 10 days after notice of denial of the permit. Upon failure to file notice of appeal within the 10-day period, the action of the Chief denying the permit shall be final and conclusive.

D. Cardroom work permits shall be prominently displayed in the cardrooms when the holder of the permit is working.

E. Each application for a cardroom work permit shall be accompanied by a fee established by resolution of the City Council. The fee shall not be returned in the event that the permit is refused, revoked, or suspended, as provided in this chapter. The permit shall be valid for one year from the date of issue; however, it may be prorated quarterly. The date of expiration shall be prominently displayed on the face of the permit.

F. The holder of a cardroom work permit shall not be restricted as to place of employment.

(Ord. 99-347 §1; Ord. 2013-414 §12)

The Chief may revoke or suspend, and take possession of any cardroom permit or cardroom work permit issued under this chapter, upon any violation of the provisions of this chapter. The action of the Chief shall be subject to appeal to the Council. Notice of such appeal shall be filed with the City Clerk within 10 days after notice of the revocation or suspension action. Upon failure to file notice of appeal within the 10-day period, the revocation or suspension of the permit shall be final and conclusive.

(Ord. 99-347 §1)

All cardrooms shall cease operating games between the hours of 2:00 a.m. and 6:00 a.m. each day.

(Ord. 99-347 §1)

Each establishment having a cardroom open to the public shall prominently post signs, in English and Spanish languages, stating the fees charged for playing cards in such cardrooms.

(Ord. 99-347 §1)

The total number of card tables allowed in each establishment issued a cardroom permit shall not exceed 4.

(Ord. 99-347 §1)

The total number of card tables permitted within the City shall not exceed 4.

(Ord. 99-347 §1)

A. The wagering limit shall be $200.00 in the same hand. No cardroom owner, operator, or employee shall permit any of the following:

1. A person making aggregate bets in excess of $200.00 in the same hand.

2. Simultaneous hands or betting squares by the same player.

3. Bets made by any owner, operator, or employee while on duty.

4. Bets made by a shill or dummy player.

B. Wagering at any table shall be limited to table stakes. No side bets shall be permitted. Table limits shall be posted in a location observable from the table. The cardroom shall set individual table stake limits, not to exceed the wagering limit. Table limits may be changed with not less than 30 minutes notice to the patrons.

C. The wagering limit may be changed by Council resolution.

(Ord. 99-347 §1)

A. No tables other than a table for which a permit has been issued shall be kept or maintained in the same room in which there is kept or maintained or operated a card game or a card table permitted under the provisions of this chapter.

B. No premises shall be licensed for a card game or card table without approval, both as to location and the number of tables for the location, by both the City Building Department and the City Fire Department.

C. A card game or card table permit does not authorize the permittee to engage in any other business, and in the event that the permittee conducts another business or businesses, the permittee must secure any additional City licenses or permits otherwise required for such other business or businesses.

(Ord. 99-347 §1)

A. A cardroom permit is valid only for the location provided for in the permit.

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

1. On a parcel with any type of residential zoning.

2. Within 1,000 feet of the following uses:

a. A public or private pre-school or K-12 school.

b. A licensed hospital, medical clinic, alcohol or other drug abuse recovery or treatment center, or community care residential facility providing mental and/or social rehabilitation services.

c. A public park or playground.

d. A public library.

e. A church.

C. The footage distance shall be measured from the closest point on the exterior property lines of the cardroom establishment to the closest point on the exterior property lines of the other property.

(Ord. 99-347 §1)

A. Each applicant for a cardroom permit, at the time of application, and each holder of a cardroom permit annually thereafter, at the time of permit renewal, shall present a plan for security and safety of patrons of the cardroom in and around the cardroom establishment. The plan shall set forth such provisions as are necessary to ensure the safety and security of patrons, including measures taken or instituted to avoid follow home robberies. The holder of a cardroom permit shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of a cardroom permittee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the cardroom establishment for the preceding year.

B. The Chief may require, in his or her discretion, all cardroom permittees to implement reasonable security measures to insure the safety of patrons including, but not limited to, hiring private uniformed security guards. If security guards are required, the Chief shall determine the number and hours of coverage.

C. During all hours of operation, doors to the cardroom establishment shall be unlocked and accessible to the general public and open to police inspection. Cardrooms shall be located and so arranged that card tables and the players at the tables are plainly visible from the door opening of the cardroom when the door is opened. No wall, partition, screen, or similar structure between the front door opening and any card table located in the cardroom shall be permitted if it interferes with such visibility.

(Ord. 99-347 §1)

No persons under the age of 21 years shall be permitted in or about any cardroom establishment.

(Ord. 99-347 §1)

No cardroom owner, operator, or employee shall permit any person to loiter within the cardroom while card games are in progress.

(Ord. 99-347 §1)

No cardroom owner, operator, or employee shall permit any person to enter or remain on the premises of a cardroom, or to play any card game while such person is under the influence of any intoxicating beverage, narcotic, or drug.

(Ord. 99-347 §1)

A. The issuance of any new cardroom permits, or the commencement or operation of any new cardrooms or card games is prohibited.

B. The cardrooms presently operating within the City are specifically exempt from this prohibition as long as the required permits are obtained and annually renewed.

(Ord. 99-347 §1)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine and/or imprisonment, in accordance with the general penalty provision then in effect in the City.

(Ord. 99-347 §1)