Hollister Municipal Code Ch. 5.16 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. 942 § 1, 2000)

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. 942, § 1, 2000)

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 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 5.16.170 of this chapter. The term "persons financially interested" means and includes 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. 942, § 1, 2000)

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 ten-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. Failure of the applicant to cooperate with 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 shall be subject to appeal to the city council pursuant to Section 5.16.100 of this chapter.

(Ord. 942, § 1, 2000)

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 5.16.020 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 two $200.00 annually, payable in advance, for each table in such cardroom. The council may change such fees by resolution adopted from time to time.

(Ord. 942, § 1, 2000)

Cardroom permits shall be prominently displayed in the cardroom area.

(Ord. 942, § 1, 2000)

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.

(Ord. 942, § 1, 2000)

No cardroom shall employ any person who lacks a current work permit from the city. 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.

A. At least ten days prior to commencing work at the cardroom, a prospective cardroom employee must register at the police department during normal business hours.

B. Each prospective employee shall complete an application, be fingerprinted, be photographed, certify the contents of the application, under penalty of perjury, and submit to any further investigation required by the chief of police including, but not limited to, a criminal background check.

C. Each applicant must pay a work permit fee as set forth in the schedule of fees established by resolution of the city council.

D. Within ten days of submission of the information required by subsection B. of this section, the chief of police shall mail a written decision to the applicant stating that the work permit application was granted or denied.

E. Each successful applicant shall receive a temporary identification card to allow the chief of police to obtain a Department of Justice report for the fingerprints submitted by the applicant. If the applicant does not violate any of the following subsections E.1.—3., a permanent identification card shall be issued. If the applicant is in violation of any of the following subsections E.1.—3., the temporary identification card shall be revoked and no permanent identification card shall be issued.

1. The applicant has been convicted of a felony or convicted of any state or federal law involving gambling, including but not limited to a violation of the Act;

2. The applicant is under the age of 21 years;

3. The applicant has made a false statement in the application.

F. Work permits shall be valid for a period of one year. Registered employees shall renew their permits annually with the chief of police.

G. The cardroom permittee shall 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.

H. The city shall not issue a work permit under this chapter to any applicant if the California Division of Gambling Control objects to the issuance of said work permit.

I. The action of the chief denying a work permit shall be subject to appeal to the city council pursuant to Section 5.16.100 of this chapter.

(Ord. 942, § 1, 2000)

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 city council pursuant to Section 5.16.100 of this chapter.

(Ord. 942, § 1, 2000)

Notice of appeal from a decision of the chief denying, revoking or suspending a permit shall be filed with the city clerk within ten days after notice of denial, revocation or suspension of the permit. Upon failure to file notice of appeal within the ten-day period, the action of the chief shall be final and conclusive.

(Ord. 942, § 1, 2000)

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

(Ord. 942, § 1, 2000)

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. 942, § 1, 2000)

No more than three card tables shall be allowed in each establishment issued a cardroom permit, with a maximum of nine players and one dealer per table.

(Ord. 942, § 1, 2000)

No more than two card rooms shall be permitted within the city.

(Ord. 942, § 1, 2000)

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. 942, § 1, 2000)

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, 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 the community development 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, the permittee must secure any additional city licenses or permits otherwise required for such other business.

(Ord. 942, § 1, 2000)

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 or residential zoning;

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

a. A public or private 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.

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. 942 § 1, 2000)

A. The business records, papers, reports, audits and books of account shall be made available for inspection and copying by the city upon reasonable notice.

B. Any owner, operator or employee of the cardroom shall have an affirmative duty to immediately report all crimes occurring on the premises to the Hollister police department.

C. 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 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. 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.

D. 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.

E. 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. 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. 942, § 1, 2000)

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

(Ord. 942, § 1, 2000)

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

(Ord. 942, § 1, 2000)

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. 942, § 1, 2000)

Any person who violates any of the provisions of this chapter, or who performs any act declared by this chapter to be unlawful shall be enjoined or prosecuted in accordance with Chapter 1.16 of this code.

(Ord. 942, § 1, 2000)