Hanford Municipal Code Ch. 5.20 Card Rooms and Tables

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

"Card room"

means and includes any room in which there are card tables used, kept or intended for use in the playing of any kind of legal card game where the same is conducted as a business or in connection with a business.

"Card table"

means any table, counter, object or instrumentality upon which card games are played.

"Employee"

means any individual working as an agent, servant or employee in or about a card room in connection with the games being played.

"Operator"

means any person, firm, association, company organization, partnership, joint venture or corporation owning and operating a card room.

"Person"

means any person, firm, association, company organization, partnership, joint venture or corporation.

(Ord. 99-16, 10/19/1999)

It is the stated intent of this chapter to regulate card rooms and tables in the city of Hanford concurrently with the State of California to the extent authorized by, and as required by, the Gaming Registration Act codified at Business and Processions Code, Section 19800, et seq. and the regulations of the State of California Department of Justice, Division of Gambling Control.

(Ord. 99-16, 10/19/1999)

Any person or entity must receive a permit from the Attorney General of California prior to owning or operating a card room within the city of Hanford. In addition, a person or entity seeking to own or operate a card room must receive a permit for such activities from the city to be issued and renewed yearly by the chief of police pursuant to the following procedures:

A. Every person desiring to operate any card room within the city shall make a written application to the director of finance on a form to be provided by the director of finance.

B. The director of finance shall refer all applications of such persons desiring to act as an operator of a card room to the chief of police. The chief of police shall investigate the applicant with particular reference to the applicant's police record and moral character and shall investigate the premises for which operator is seeking such permit. The chief of police shall make a report in writing to the director of finance within 30 days after the referral to the chief of police of such application setting forth his findings and recommendation. All applicants shall furnish their fingerprints to the chief of police and shall answer all questions which the chief of police or an officer of the police department appointed by him to aid or conduct such investigation, shall ask, either orally or in writing.

C. The director of finance shall issue such permits to the applicants upon instruction by the chief of police.

D. Every person filing an application for a permit as an operator of a card room shall pay to the director of finance upon the filing of such application a fee in an amount fixed by resolution of the city council. Upon granting of such application, the applicant shall pay to the director of finance in advance a permit fee in an amount fixed by resolution of the city council.

E. No operator or permittee surrendering a permit or having a permit revoked shall be entitled to any refund of all or any portion of any permit fee paid.

(Ord. 99-16, 10/19/1999)

The chief of police may deny an application for a card room permit 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 qualification 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 10-year period immediately preceding the submission of the application for a permit unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the chief of police under this chapter.

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

F. 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 Section 186.2 of the Penal Code.

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

H. The applicant does not possess a current permit in good standing from the Attorney General of the State of California to operate a card room.

I. No application shall be accepted by the director of finance from any person or entity who has been denied a permit or whole permit has been revoked pursuant to the provisions of this chapter until at least one year shall have elapsed from the date of such denial or revocation of such permit.

J. Upon denial of any application for a permit, the applicant shall have the right within (15) days after such denial to file a written appeal of the matter to the city council. The written appeal shall state in detail the reasons for the appeal. The city council shall hear the matter at its next regular meeting following the filing of such appeal. If upon the completion of the hearing on such appeal the city council finds that the denial of the application is consistent with the provisions of this Section 5.20.040, the denial shall be affirmed. The action of the city council in affirming or reserving the denial of such permits shall be final.

(Ord. 99-16, 10/19/1999)

A permit to own or operate a card room may be revoked for any of the following reasons:

A. The owner or operator of the card room allows house players, shills, or dummies to engage in card games.

B. Attorney General revokes the owner or operator's state permit.

C. Failure of the owner or operator to provide information, documentation and assurances required by this chapter or requested by the chief of police, or failure of the owner or operator 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 operation of the card room.

D. Conviction of the owner or the operator 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.

E. Conviction of the owner or operator for any misdemeanor involving dishonesty or moral turpitude while the owner or operator holds a permit issued pursuant to this chapter.

F. Association of the owner or operator with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.

G. Contumacious defiance by the owner or manager 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 elated to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code.

H. The owner or operator fails to inform the chief of police of any change in employment status of a registered employee within ten days of the change in employment. "Change in employment status" shall include termination of employment, leave of absence, promotion or other change in job title.

I. Upon revocation of any permit, the permittee shall have the right within 15 days after such denial, to file a written appeal to the city council. The written appeal shall state in detail the reasons for the appeal and the city council shall hear the matter at its next regular meeting following the filing of such appeal. If upon the completion of the hearing on such appeal the city council finds that the revocation is consistent with the provisions of this Section 5.020.050, the revocation shall be affirmed. The action of the city council in affirming or reversing the revocation of such permit shall be final.

(Ord. 99-16, 10/19/1999)

A licensee may set hours of operation up to and including 24 hours a day. The hours of operation must be clearly posted by the licensee to give patrons adequate notice of hours during which the licensee will remain open for business.

(Ord. 99-16, 10/19/1999)

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

(Ord. 99-16, 10/19/1999)

In the interest of promoting the public peace, safety and general welfare, card rooms shall only be permitted in the following commercial districts:

A. Service commercial district; permitted use;

B. Downtown commercial district; conditional use permit required;

C. Mixed commercial district; permitted use or conditional use permit required depending upon location.

D. Neighborhood commercial; conditional use permit required.

(Ord. 99-16, 10/19/1999)

A. Card rooms shall establish wagering limits in accordance with such limitations as may be set from time to time by the State of California and the city. The city may set wagering limits by resolution adopted by the city council. Wagering limits shall be clearly posted to give the patrons adequate notice of the rules related to wagering. No card room owner, operator or employee shall permit any of the following:

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

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

3. Bets made by a shill or dummy player.

(Ord. 99-16, 10/19/1999)

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

A. The minimum buy in, table limits, and any other charges assessed of players at a table.

B. A set of detailed house 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 permit and the state permit issued by the Attorney General under the Gaming Registration Act.

D. Copies of the identifying badges of each owner, operator and employee.

(Ord. 99-16, 10/19/1999)

Each owner, operator and employee of a card room shall wear an identifying badge approved by the chief of police and bearing on its face a legend identifying the bearer while the owner, operator or employee is in or around the card room premises. The badge shall be worn in a location visible to the public. If a person required to wear the 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.

(Ord. 99-16, 10/19/1999)

A maximum of three card tables per each card room with a maximum of nine players and one dealer per table, shall be allowed to operate in the city of Hanford.

(Ord. 99-16, 10/19/1999)

A maximum of three card rooms shall be allowed to operate in the city of Hanford.

(Ord. 99-16, 10/19/1999)

Any time a card room changes ownership, the new owner must apply and qualify for a card room permit as provided by this chapter. No permit may 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 such permit which shall thereafter be deemed terminated and void. This section does not restrict the right of any card room owner to sell, transfer or assign ownership interest in the card room itself.

(Ord. 99-16, 10/19/1999)

All card rooms 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 to the director of finance upon reasonable notice by the chief of police.

B. Any owners, operator or employee of the card room shall have an affirmative duty to immediately report all crimes occurring on the premises to the Hanford Police Department.

C. Each licensee shall present on an annual basis a plan for security and safety of patrons of the licensee in and around the gaming establishment. The plan shall set forth such provisions as necessary to ensure the safety and security of patrons. Licensees shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of the licensee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall be given on an annual basis at the same time as the licensee's renewal application and shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the establishment for the preceding year.

(Ord. 99-16, 10/19/1999)

Every person desiring to act as an employee, as defined by Section 5.20.010, in any card room within the city shall make a written application for a permit to the director of finance on a form to be provided by the director of finance.

A. The director of finance shall refer all applications of such persons desiring to act as employees in a card room to the chief of police. The chief of police shall investigate the applicant with particular reference to the applicant's police record and moral character. The chief of police shall make a report in writing to the director of finance within 30 days after the referral to the chief of police of such application setting forth his findings and recommendation. All applicants shall furnish their fingerprints to the chief of police and shall answer all questions which the chief of police or an officer of the police department appointed by him to aid or conduct such investigation, shall ask, either orally or in writing, reasonably pertaining to such investigation.

B. The director of finance shall issue such permits to the applicants upon the instruction by the chief of police.

C. Upon the granting of such application, the director of finance shall issue a permit to such applicant on a wallet-sized card showing the applicant's name, the date of issuance, and the name of the card room in which the employee is permitted to work.

D. Upon the issuance of such employee's permit, the applicant shall pay to the director of finance in addition to the application fee, a yearly permit fee in an amount fixed by resolution of the council.

E. Any permittee failing to pay such fee within the time so provided shall automatically forfeit such permit and the director of finance shall not renew such permit.

F. Persons holding an employee's permit may transfer such permit from the premises designated on the permit only with the approval of the director of finance and chief of police after an application duly made therefor.

G. No employee's permit shall be issued unless the person applying for such permit shall have proof of the availability to him of employment upon the premises upon which he seeks a permit to work. No application for a transfer to another premises shall be granted to an employee unless such employee has proof of the availability of actual employment upon the premises to which the transfer of the permit is sought.

H. No application shall be accepted by the director of finance from any person or entity who has been denied a permit or whose permit has been revoked pursuant to the provisions of this chapter until at least one year shall have elapsed from the date of such denial or revocation of such permit.

(Ord. 99-16, 10/19/1999)

The chief of police may deny an application for an employee permit 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 qualification 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 10-year period immediately preceding the submission of the application for a permit unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Section 1203.4, 1203.4a, 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the chief of police under this chapter.

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

F. Contumacious defiance by the applicant of any legislative, investigatory body, or other official investigatory body or 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 Section 186.2 of the Penal Code.

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

H. The applicant does not possess a current permit in good standing from the Attorney General of the State of California if such permit is required.

I. The city and the chief of police shall not issue an employee permit under this section to any applicant if the State of California, Department of Justice, Division of Gambling Control, objects to the issuance of said employee permit.

Upon denial of any application for a permit, the applicant shall have the right within (15) days after such denial to file a written appeal of the matter to the city council. The written appeal shall state in detail the reasons for the appeal. The city council shall hear the matter at its next regular meeting following the filing of such appeal. If upon the completion of the hearing on such appeal the city council finds that the denial of the application is consistent with the provisions of this Section 5.020.180, the denial shall be affirmed. The action of the city council in affirming or reserving the denial of such permits shall be final.

(Ord. 99-16, 10/19/1999)

An employee permit may be revoked by the chief of police for any of the following reasons:

A. Attorney General revokes the employee's permit if any was required by the Attorney General.

B. Failure of the employee to provide information, documentation and assurances required by this chapter or requested by the chief of police, or failure of the employee to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to his or her employment.

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 employee for any misdemeanor while holding a permit issued pursuant to this chapter involving dishonesty or moral turpitude.

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

F. Contumacious defiance by the employee 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 Section 186.2 of the Penal Code.

(Ord. 99-16, 10/19/1999)

No card room permit or employee permit shall be issued or renewed without the payment of a permit fee as established by the schedule of fees adopted by resolution of the city council to defray administrative costs.

(Ord. 99-16, 10/19/1999)

A. Any person or entity violating or causing or permitting violation of any of the provisions of this chapter shall be guilty of an infraction for the first offense, or of a misdemeanor for any subsequent offense(s) occurring within one year after the first offense.

B. Prior to citing a violator of this chapter, the permit officer may serve written notice upon such person or entity stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for compliance with the provisions of this chapter.

(Ord. 99-16, 10/19/1999)

If any section, subsection, sentence, clause, phrase, or portion of this chapter, or the application thereof to any person, firm, corporation or circumstance, is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion(s) thereof. The city council of the city of Hanford hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portion be declared invalid or unconstitutional.

(Ord. 99-16, 10/19/1999)