Jackson Municipal Code Ch. 5.36 Cardrooms

It is unlawful for any person to commence or conduct within the city any business or enterprise for the playing of cards or card games and for the use of which a fee or commission is directly or indirectly charged, accepted or received from players or participants in any such playing of games, until such person shall have first obtained a license to do so in compliance with this chapter.

(Ord. 478 §1(1), 1983)

Any person desiring to commence or continue by renewal any business or enterprise for any such card games shall file with the city chief of police a written application. Each such application shall contain clearly and truthfully under oath or affirmation the following information on the form provided by the city:

A. The data of the application;

B. The true name of the applicant;

C. The status of the applicant as being an individual, firm, association, copartnership, joint venture, or corporation;

D. If the applicant is an individual, the residence and business address of such applicant;

E. If the applicant is other than an individual, the name, residence, and business address of each of the copartners or members of the firm, copartnership or joint venture and the name, residence and business addresses of each of the principal officers and directors of the association or corporation applicant;

F. The proposed location of the business for which the license is sought;

G. The type and nature of the game proposed to be played;

H. The number of tables or other units to be placed, employed or used; subject to a minimum of two and a maximum of six, unless a use permit is sought and obtained under the provisions of Chapter 17.36;

I. A description of any other business conducted or proposed to be conducted at the same location;

J. A statement that the applicant understands that the application shall be considered by the council only after a full investigation and report, including a criminal records investigation, have been made by the city chief of police;

K. A statement that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all the laws of the state and the laws and regulations of the city applicable thereto, enforced by frequent inspections or investigations by the city police department, and that any violation of any such laws or regulations in such place of business or in connection therewith brought to the attention of the chief of police shall render any license therefor subject to immediate suspension and revocation;

L. A statement that the applicant has read the provisions of this chapter and particularly the provisions of this section and understands the same; and

M. A full and complete financial statement of the applicant, whether he or she is an individual, corporation, partnership, or other entity; provided, the financial statement required by this subsection shall be a confidential qualified document and shall not be open to public inspection but shall be available only to the city director and his or her staff.

(Ord. 478 §1(2), 1983)

The license fees set forth in this chapter are for both regulation and revenue purposes and are levied pursuant to the authority of applicable state laws. Each such application for any license shall be accompanied by fees and deposits, payable to the city as follows:

A. An application fee of two hundred dollars which shall be retained by the city as a deposit for the payment of the costs of investigation, including a criminal records investigation by the chief of police. In the event that the costs of the investigation are more than said deposit, then the applicant shall be required to pay the same regardless of whether or not a license is finally issued. Similarly, in the event that the costs of the investigation are less than the required deposit, then the clerk shall refund the difference to the applicant.

B. Quarterly license fees payable in advance for the quarters beginning on January 1st, April 1st, July 1st, and October 1st of each calendar year in the following amounts:

(Ord. 478 §1(3), 1983)

A. Investigations Required. Whenever an application has been filed with the city chief of police for a license pursuant to the provisions of this chapter, the chief of police and city director and his or her staff shall immediately and diligently make an investigation as follows:

1. A full and complete investigation, including a criminal records investigation, of the applicant (including its officers and members, if any, whose name and addresses are shown upon the application);

2. A full and complete investigation of the building and location where the applicant proposes to conduct such business or activity; and

3. A full and complete investigation as to the type of tables or units to be used at, or in connection with, the proposed business and the type of games proposed to be played, which investigation shall also include the proposed locations of the tables or other units in, within, or about the proposed place of business.

B. Reports Required. The city director and chief of police shall make such investigations with reasonable promptness and shall report to the council with reference thereto in due time, and shall make investigations with reasonable promptness as to all matters within his or her jurisdiction concerning the public health, welfare, and safety as may be concerned with such application.

C. Reports Prerequisite to Council Considerations. The council shall not consider any application for a license until such time as the city director has filed his or her reports with the council.

D. Time of Filing Reports. All such reports shall be filed with the council within a period of thirty days after the applications have been referred to the city director and his or her staff.

(Ord. 478 §1(4), 1983)

A. Council Consideration. The city council shall consider an application for a license under these provi-sions only after all fees have been paid and the chief of police and city director have completed a full investigation and report on the applicant.

B. Decision of Council. The council may, in its discretion, either approve the application and grant the license on any terms or conditions as it deems prudent, or deny the application and refuse to grant the license. Any such decision shall be final and conclusive, and the applicant shall agree to abide by the same.

C. Grounds for Denial of Application. The city council shall not authorize the issuance of any license under the provisions of this chapter in any of the following cases:

1. If the proposed business is to be operated in violation of any state or city law or regulation;

2. If the game for which a license is applied for is unlawful;

3. If the building premises will not conform to the city zoning regulations requiring minimum C-2 zoning classification;

4. If the applicant or any of his or her agents or employees have any misdemeanor or felony convictions related to drugs, acts of moral turpitude or violence.

(Ord. 478 §1(5), 1983)

A. Transfer. Any transfer or assignment of any license or expansion of an existing facility shall be considered for all purposes as a new application for a cardroom, and all the provisions of the chapter shall apply.

B. Every license issued pursuant to these provisions shall be held continuously by and in the possession of the approved individual licensee at all times while he or she is on the premises and during all games.

C. Expiration. Every license issued pursuant to these provisions shall stay in effect until the license is either surrendered, suspended or revoked.

(Ord. 478 §1(6), 1983)

A. Grounds. Any license issued pursuant to the provisions of this chapter shall be revoked if it is found, in the time and manner hereinafter described:

1. That a licensee or any agent or employee thereof has violated or permitted or caused any violation of any provision of this chapter or state or local laws; or

2. That a licensee, or any agent or employee thereof, has permitted or caused any violation of any condition of approval imposed upon the issuance of such license; or

3. That any licensee has made any fraudulent statement as to a material fact on an application form or as to any other information presented as part of the application process.

B. Action of City Director. Whenever the city director has information that a violation constituting a ground for revocation has occurred he or she shall authorize an investigation and report on the same. If he or she determines that a cause for revocation of license occurred he or she shall set the matter for consideration by the city council at its next most convenient meeting. He or she shall give notice of the time and the place of the hearing before the city council to the licensee not less than five days in advance of the date set by him or her for such hearing.

C. Hearings. At the time set for such hearing, the city council shall hear the evidence presented by the chief of police and the city director, purporting to show grounds exist for revocation; thereafter, the city council shall permit the licensee and any other interested person to present such evidence as may be relevant to dispute the existence of such facts.

D. Decision of City Council. If based upon the evidence presented the city council finds that facts are presented which constitute grounds for revocation it shall revoke the license. If it finds that such facts are not present it shall dismiss the proceedings. The decision of the city council shall be final and conclusive.

(Ord. 478 §1(7), 1983)

The following rules and regulations are established by the city council and shall govern all card games for which licenses are issued under the provisions of this chapter, and shall be conditions of each license issued:

A. Rule No. 1. No licensee shall use, operate or permit the use or operation of more tables than those for which such licensee holds then current and valid licenses to operate in the city and for which the prescribed license fee has been paid to the city.

B. Rule No. 2.

1. No licensee shall permit any person to play in any game licensed by the provisions of this chapter at any time while such person appears to be or is drunk or under the influence of a drug and no person under or who appears to be drunk or under the influence of a drug shall play in any such game.

2. No licensee shall permit any person to enter the premises while such person appears to be, or, in the opinion of the licensee or duly authorized agents or employees, is drunk or under the influence of a drug.

C. Rule No. 3. No licensee shall operate or use any table or unit or manage, conduct or carry on any business or activity licensed by this chapter after the time that such license issued by the city has been or is revoked pursuant to this chapter.

D. Rule No. 4. Each and all of the games conducted or operated in the city pursuant to the provisions of this chapter shall be conducted and operated in full conformity with and subject to all of the provisions of applicable laws.

E. Rule No. 5. No licensee shall permit or allow any person under the age of twenty-one years to play any game licensed hereunder at any time in a cardroom covered by or referred to in any such license.

F. Rule No. 6. A card club shall be open for inspection during all hours to the city director, chief of police or his or her duly authorized representative, without a search warrant.

G. Rule No. 7. It has been noted and substantially determined by the city council that said card clubs shall have a minimum of two and a maximum of six tables including its subordinate and accessory uses thereto, and shall be located in a C-2 zone.

H. Rule No. 8. It is unlawful for a card club holding a permit under the provisions of this chapter to employ any person without such person having been registered and issued a cardroom work permit by the chief of police.

1. Each and every prospective cardroom employee shall present himself/herself at the office of the chief of police during normal business hours, at least ten days prior to the beginning or commencement of any such employment to apply for a cardroom work permit. Each prospective employee will complete an application, be fingerprinted, photographed, provide any other information that the chief of police may require, and certify the contents of the application under penalty of perjury.

2. The chief of police shall establish procedures to implement and administer the provisions of this section.

3. The chief of police is hereby authorized to obtain criminal history information for each employee seeking registration.

4. A fee, as set forth by resolution of the city council, will be charged to cover the cost of background investigation, registration, and an annual fee for the cardroom work permit. This fee shall be payable to the City of Jackson at the time of application for the permit. In the event a permit is denied, the fee, minus actual costs incurred in investigating the application, will be refunded to the applicant.

5. Within ten days after receipt of the registration information and fees, the chief of police shall either grant or deny a cardroom work permit to the applicant. If, in the opinion of the chief of police, the applicant is not a fit and proper person to engage in such work, he or she shall deny the applicant a cardroom work permit.

6. Any aggrieved person wishing to appeal the decision of the chief of police in denying a cardroom work permit may seek a hearing under the same rules set out in Section 5.36.070 of this chapter.

7. A registered cardroom employee will be provided a cardroom work permit identification card that shall be worn in sight, whenever that person is on duty in a cardroom. Only one such work permit shall be required each year even though the holder of such work permit may change their place of employment to any cardroom within the city.

8. The information received by the chief of police pursuant to the provisions of this section shall be treated as confidential and shall be accessible only to the chief of police, the city director, their authorized representatives and the license holder for the card club.

I. Rule No. 9. The provisions of this section shall not apply to cardrooms of fraternal organizations not open to the general public and whose membership is restricted to those persons regularly and formally elected to membership therein and paying regular dues to such organization.

(Ord. 478 §1(8), 1983; Ord. 544 §§1, 2, 1991)

Failure to comply with any provisions of this chapter shall constitute a misdemeanor, punishable by fine or imprisonment pursuant to Section 1.20.010, in addition to any other penalties or punitive remedies existing under state and local law. Each day of noncompliance shall constitute a separate and complete offense.

(Ord. 478 §1(9), 1983)