Humboldt County Municipal Code Ch. 3 Public Card Rooms

Sections: Definition. Permit Requirement. Application for Card Room Permit. Investigation of Applicant.

§ 913-5. § 913-6. § 913-7. § 913-8. § 913-9. § 913-10. § 913-11. § 913-12. § 913-13. § 913-14. § 913-15. § 913-16. § 913-17. § 913-18.

Card Room Business License Fee. Suspension and Revocation of Card Room Permits. Duration of Card Room Permits. Employee Work Permits. Granting and Revocation of Work Permits. Posting of Employee Work Permit. Duration of Employee Work Permit. Permits Nontransferable. Permit Fees. Card Room Regulations. Clubs Excluded. State Law Violation. Penalty. Abatement of Public Nuisance. 913-1. Definition. For the purpose of this chapter, a “card room” is defined to be 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 and similar games and the use of which is available to the public or any portion of the public; provided, however, that this section shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization as defined in § 913-16 of this chapter. (Ord. 396, § 1, 3/1/1961) 913-2. Permit Requirement. It shall be unlawful for any person, for himself/herself or for any other person, firm or corporation, to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained, or conducted, any card room without first securing a permit to do so from the County according to each and every requirement of this chapter or without complying with each and every regulation contained in this chapter pertaining to such card room. Each permittee and operator of a card room shall employ only those persons who have obtained a work permit as defined and set forth in § 913-9 hereof. (Ord. 396, § 2, 3/1/1961) 913-3. Application for Card Room Permit. An applicant for a card room shall file his/her application with the Tax Collector, which application shall be signed and verified by the applicant and accompanied by the fee required and shall set forth the following:

(a) The name and address of the applicant. (b) The nature of the business for which the permit is requested. (c) The place where such business is to be conducted. (d) The name and address of the person by whom employed, if any. (e) A brief description of the nature and amount of equipment to be used in such business. (f) A personal description of the applicant. (g) Evidence of the identity of the applicant of such character as the Sheriff may require. (h) Two (2) photographs of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches (2"x 2") showing the head and shoulders of the applicant in a clear and distinguishing manner. (Ord. 980, § 12, 4/23/1974) (i) The true names and addresses of all person financially interested in the business. The term “persons financially interested” shall include all persons who share in the profits of the business on the basis of gross or net revenues. (j) The past criminal record, if any, of the applicant and all persons financially interested in the business. (k) Fingerprints of the applicant and of persons financially interested in the business. If an applicant is made by an entity other than a natural person or persons, the application shall be signed and verified by the president and secretary of said entity and must disclose the identity of all stockholders of such entity as being persons financially interested in the business. (Ord. 396, § 3, 3/1/1961) 913-4. Investigation of Applicant. A copy of the application for a card room permit shall be furnished to the Sheriff who shall, within a reasonable time thereafter, inspect or cause to be inspected the premises at which the card room is to be maintained. The Sheriff shall also investigate or have investigated the moral character and reputation of the applicant. Upon the conclusion of his/her investigation the Sheriff shall furnish the District Attorney with a written report of such inspection and investigation, stating his approval or disapproval for the issuance of such permit and the reasons therefor. Thereupon the District Attorney shall endorse the Sheriff’s report and add thereto any information or remarks considered pertinent, and thereafter file the same with the County Clerk. The County Clerk shall thereupon place the application on the Board of Supervisors’ agenda at the earliest practical date, notifying the applicant of the time at which the application will be heard by the Board of Supervisors. (Ord. 396, § 4, 3/1/1961)

913-5. Granting of Permit; Grounds for Denial. Card room permits shall be granted only by the Board of Supervisors. An application for a card room permit may be denied by the Board of Supervisors on any of the following grounds: (a) That the applicant or any person financially interested in the business has been convicted of a felony. (b) That the applicant has willfully misstated a material fact in his application. (c) That said applicant or any person financially interested in the business is, in the opinion of the Board of Supervisors, not a person of good moral character and reputation. (Ord. 396, § 5, 3/1/1961) 913-6. Card Room Business License Fee. If the Board of Supervisors approves the application for a card room permit, the permittee shall secure and maintain a business license for said card room. Such business license shall be issued by the Tax Collector upon payment by the permittee of a license fee of Fifty Dollars ($50.00) per card table per quarter. The card room permit shall be obtained before any such business license shall be issued therefor by the Tax Collector. (Ord. 396, § 6, 3/1/1961) 913-7. Suspension and Revocation of Card Room Permits. (a) Initiating Action. The Sheriff may recommend that any card room permit issued under this chapter shall be suspended or revoked. Such recommendation shall be filed with the District Attorney, setting forth therein the reasons therefor, together with all supporting facts. The District Attorney shall thereupon submit the same to the Board of Supervisors with his recommendations. (b) Supervisors’ Hearing and Action on Recommendation. Upon presentation of a recommendation for the revocation of a card room permit, the Board of Supervisors may order such permit suspended or revoked, if the Board of Supervisors determines that the holder of such permit has been guilty of violating any of the provisions of this chapter or that because of the manner in which such business has been operated its continued operation will be injurious to the public health, safety, welfare or morals of the people of the County. Any of the grounds upon which the Board of Supervisors shall refuse to issue a permit shall also constitute grounds for such revocation or suspension. Before ordering such revocation or suspension, the Board of Supervisors shall cause written notice to be served upon the holder of the permit that such suspension or revocation has been recommended to the Board of Supervisors, and that a hearing on such recommendation will be held in the Supervisors’ Chambers in the Humboldt County Courthouse, at a time mentioned in such notice not less than ten (10) days after the date of such notice. At such hearing the holder of such permit shall have an opportunity to be heard and present such evidence in opposition to such recommendation as he desires. (Ord. 396, § 7, 3/1/1961)

913-8. Duration of Card Room Permits. Card room permits issued hereunder shall continue to be valid from the date of issuance unless the same have been suspended or revoked for any of the causes set forth in this chapter. (Ord. 396, § 8, 3/1/1961) 913-9. Employee Work Permits. Card room employees must obtain a work permit from the Sheriff. Card room employees are defined as dealers, overseers, and others directly connected with the operation and supervision of the card tables and excluding waitresses, culinary workers and others not connected with such operation and supervision. Application for such work permits shall be submitted to the Sheriff under oath and shall set forth complete information concerning the applicant with respect to those matters dealt with in § 913-4 hereof and such other information as the Sheriff may desire. (Ord. 396, § 9, 3/1/1961) 913-10. Granting and Revocation of Work Permits. The Sheriff shall conduct an investigation of each applicant for a work permit and may refuse to issue a work permit, and may suspend or revoke a work permit theretofore granted, if: (a) Such applicant has previously been convicted of a felony. (b) Said applicant is, in the opinion of the Sheriff, not a person of good moral character. (c) Said applicant violates any provisions of this chapter. The action of the Sheriff in denying, suspending or revoking such a work permit shall be subject to an appeal to the Board of Supervisors. Notice of such appeal shall be filed with the County Clerk within five (5) days after the denial, suspension or revocation of said work permit. Upon failure to file such notice within the five (5) day period, the action of the Sheriff in denying, suspending or revoking such work permit shall be final and conclusive. (Ord. 396, § 10, 3/1/1961) 913-11. Posting of Employee Work Permit. Employee work permits issued pursuant to this chapter shall be posted in a conspicuous place on the premises where the person issued such work permit is employed and shall remain so posted during the period such person is so employed on the premises. If the person issued such work permit changes his/her employment to employment by a different card room permittee, he/she shall within twenty-four (24) hours thereafter notify the Sheriff for the purpose of having his/her employee work permit changed so as to properly designate the name of his/her new employer. A fee of One Dollar ($1.00) shall be paid to the Tax Collector for such permit change. (Ord. 396, § 11, 3/1/1961)

913-12. Duration of Employee Work Permit. Employee work permits issued hereunder shall continue to be valid from the date of issuance unless suspended or revoked for any of the causes set forth in § 913-10 hereof. (Ord. 396, § 12, 3/1/1961) 913-13. Permits Nontransferable. No permit issued pursuant to this chapter shall be assignable or transferable. (Ord. 396, § 13, 3/1/1961) 913-14. Permit Fees. The fee which shall be submitted with the application for a permit issued hereunder shall be as follows: (a) For a card room permit, the sum of Fifty Dollars ($50.00). (b) For a work permit, the sum of Fifteen Dollars ($15.00). The required application fee shall be paid to the Tax Collector and shall not be returned in the event the permit applied for is refused, revoked or suspended as provided in this chapter. Such application fees are in addition to the business license fee prescribed in § 913-6 hereof. (Ord. 396, § 14, 3/1/1961) 913-15. Card Room Regulations. It shall be unlawful to operate a card room in violation of any of the following rules or regulations: (a) The operator or his/her employees shall not extend credit to a player nor shall he/she accept I.O.U.’s, and no checks shall be cashed within the card room. (b) Card rooms shall be located on the ground level floor and shall be so constructed and maintained that a clear and unobstructed view of the interior thereof may at all times be had from at least one entrance to such room and from at least one point outside the building in which said card room is located. No wall, partition, screen or similar structure shall be permitted if it interferes with the visibility between such entrance and any card table located in such room or if it interferes with the visibility between such point located outside the building and any such card table. (c) No person under eighteen (18) years of age shall be permitted at any card table or allowed to participate in any game thereat, or to remain in a card room. (d) No person shall operate a card room between the hours of 2:00 a.m. and 10:00 a.m. or permit or allow any person to play cards or to be seated at a card room table between the hours of 2:00 a.m. and 10:00 a.m. (e) All card rooms shall be open to police inspection during all hours of operation.

(f) Only table stakes shall be permitted. (g) Every two (2) card tables, while any games subject to this chapter are played thereat, shall have assigned to them a person holding a valid card room work permit, whose duty shall be to supervise the games strictly in accordance with the terms of this chapter and within the provisions of the Penal Code of the State of California. The card room permittee may act as table supervisors without having a work permit. (h) Not more than eight (8) tables shall be permitted in one (1) card room. (i) There shall be conspicuously posted in every card room in letters plainly visible from all parts thereof, a sign bearing the title “Card Room Operating Regulations” which shall contain such information relating to the regulations contained herein as the Sheriff may require. (j) No person who is in a state of intoxication shall be permitted in any card room. (Ord. 396, § 15, 3/1/1961) 913-16. Clubs Excluded. The provisions of this chapter shall not apply to a nonprofit society, club, fraternal, labor or other organization having adopted bylaws and duly elected directors and members, when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other organization, and no charge is made for any of the facilities. (Ord. 396, § 16, 3/1/1961) 913-17. State Law Violation. The Board of Supervisors hereby declares that it is not the intention of this chapter to permit the licensing of any card room for the playing of any game prohibited by the laws of the State, including but not limited to those games enumerated in § 330 of the Penal Code, which section includes banking and percentage games. (Ord. 396, § 17, 3/1/1961) 913-18. Penalty. Any person, society, club or organization violating any of the terms, requirements, regulations, or provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 396, § 18, 3/1/1961) 913-19. Abatement of Public Nuisance. In addition to the penalty provided for in § 913-18, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated by this County, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 396, § 18, 3/1/1961)

§ 914-1. § 914-2. § 914-3.