Kern County Municipal Code Ch. 5.20 Cardrooms

No person, firm or corporation shall engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained or conducted any cardroom in any public place in the county without first having secured a license from the vice division of the county sheriff's office in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of cardrooms.

(Prior code § 5625)

Constituent lodges of organizations which have had lodges in California for twenty-five (25) years or more shall not be required to apply for or obtain a cardroom license so long as:

A. The card tables are for the exclusive use of members of the fraternal organization, or nonpaying guests; and

B. No charge is made for the use of the card tables.

(Prior code § 5626)

For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section:

A. "Public place" means and includes any place or premises except a bona fide private dwelling or apartment house, or a suite or room which is used in good faith as a residence of one (1) or more persons in an apartment house, lodging house, hotel or other institution of similar character.

B. "Cardroom" means any space, room or enclosure, furnished or equipped with a table or other object used as a card table for the playing of card games, wherein anything of value is bet or wagered using currency, poker chips or otherwise, and the use of which is available to the public or any portion of the public; provided, however, that "cardroom" shall not include a room to which the public is admitted and in which the sole card game played is duplicate bridge.

C. "Hearing officer" means the sheriff of Kern County; a deputy of the sheriff not below the grade of commander, not assigned or subordinate to the vice division, and not previously associated in any way with the licensing, suspension or revocation, investigation or proceeding which is the subject of the hearing; or county hearing officer (if there is one).

D. "Person" means and includes a natural person or any other legal entity.

(Ord. G-6096 § 2 (part), 1994: Ord. G-4948 § 2, 1989; prior code § 5627)

Applications for a cardroom license shall be executed under penalty of perjury and submitted to the vice division of the county sheriff's office on forms to be obtained from the vice division upon payment of the license fee prescribed in Section 5.20.090. Applications shall require that the applicant provide the following information and identification:

A. The particular place or premises, including the street name and address, where the cardroom is to be conducted or carried on;

B. The name and address of the owner(s) or lessee(s) of the place or premises where the game is to be conducted, together with proof of the applicant's right to occupy the premises for such purpose;

C. The names and addresses of all persons financially interested in the cardroom business or enterprise. The term "persons financially interested" shall include all persons who hold any form of ownership in the cardroom whatsoever, who hold notes or other evidence of indebtedness against the business, and all persons who share to any extent in the profits of the business whether on the basis of its gross or net revenue or otherwise. All officers and board members of any corporation owning and/or operating a cardroom, as well as shareholders owning in excess of one percent (1%) interest in the corporation, are deemed to be financially interested";

D. The names and addresses of all persons who shall have charge of or be involved in the actual operation, management, and supervision of the cardroom and the game(s) carried on therein. Applicant shall specify the extent of the authority of each person so identified;

E. The past criminal record, if any, of the applicant, of any persons financially interested in the business, and of all persons involved in the actual operation, management and supervision of the cardroom;

F. The application shall be accompanied by fingerprints and recent photograph of the applicant. The application must also contain the applicant's acknowledgement that if a license be granted thereon, the applicant expressly consents to inspection of the cardroom, its contents and business premises at any time by the sheriff or any regularly appointed deputy sheriff of the county, and that the cardroom and business premises shall at all times be operated, managed and supervised in strict compliance with the laws, rules and regulations of the federal government, state of California and the county;

G. The application shall also be accompanied with proof that the applicant has complied with all requirements contained in Business and Professions Code Section 19800 et seq.

(Ord. G-6096 § 2 (part), 1994: Ord. G-5579 § 2, 1991; Ord. G-4948 § 3, 1989: prior code § 5628)

The filing of an application for a license shall be deemed a consent by the applicant for the sheriff's office to make an investigation to determine whether all the statements and information on the application are true and to investigate the applicant, the person(s) who will be responsible for the operation, management or supervision of the cardroom, those persons assisting therein, and those persons financially interested as to any criminal record they may have, and to disclose the same to the appropriate county officials. The application shall also be deemed consent for other interested county departments to inspect said premises and report thereon.

(Ord. G-6096 § 2 (part), 1994: prior code § 5629)

Upon receipt of the completed application, the sheriff's office shall make an investigation to determine whether the application is complete, whether there are material omissions, and whether all of the statements and information in the application are true, and shall refer the application to other interested departments of the county, including, but not limited to, the directors of the planning and community development department, building inspection division, public health services department, and fire department to determine whether the appropriate zoning ordinances and regulations, building code ordinances, health ordinances and regulations, and the provisions of the Uniform Fire Code have been or will be complied with.

(Ord. G-6096 § 2 (part), 1994: prior code § 5630)

(Ord. No. G-8035, § 20, 4-20-10)

The following shall constitute grounds for denial of a license:

A. The application is not complete or there are one (1) or more material omissions;

B. The applicant, those persons involved in the operation, management or supervision of the cardroom or those persons financially interested, have knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record that may be required to be filed by the sheriff's office;

C. The applicant, those persons involved in the operation, management or supervision of the cardroom or those persons financially interested, have been convicted of any crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude;

D. The applicant, those persons involved in the operation, management or supervision of the cardroom or those persons financially interested, have had a cardroom license or similar license revoked by the county or any other public entity within the past five (5) years;

E. The building, structure, equipment or location of the cardroom does not comply with or fails to meet all of the health, zoning, fire and safety requirements or standards of all the laws of the state of California or of this code;

F. The cardroom is to be located within any area of the county which is wholly residential; or if the cardroom is to be located adjacent to a wholly residential area or in a mixed residential-business area, it is the opinion of the vice division of the sheriff's office that the issuance of a cardroom license would tend to cause a law enforcement problem or create a public nuisance;

G. The cardroom is to be located within six hundred (600) feet of a public school, church, hospital or children's playground; or is to be located near any other public facility where the presence of a cardroom would be detrimental to public morals, cause a law enforcement problem, or create a public nuisance.

(Ord. G-6096 § 2 (part), 1994: prior code § 5631)

The vice division of the sheriff's office may refuse to issue such license or attach conditions thereto recommended by it or an appropriate county department. If the refusal or conditions are unacceptable to the applicant, the applicant may, within ten (10) calendar days after the notice of refusal or of conditions is served personally or mailed by certified mail and received at the applicant's address, appeal the denial or condition(s) to the hearing officer. The hearing officer shall review the matter based upon evidence submitted by the applicant and the vice division or other county department. A hearing shall be conducted for that purpose within ten (10) business days after the appeal is filed by the applicant. The refusal of the vice division to grant the license or the imposition of conditions shall be upheld upon appeal to the hearing officer if the weight of relevant evidence submitted supports the action.

(Ord. G-6096 § 2 (part), 1994: prior code § 5632)

Cardroom licenses shall be valid for a period of one (1) year from the date of issuance. The initial and annual renewal fee shall be paid by the applicant to the sheriff's department upon obtaining the initial application form or requesting renewal.

The initial and annual fees for operating a cardroom shall be as follows:

Initial application fee per cardroom .....$1,000.00

Annual renewal fee per cardroom .....$1,000.00

Annual fee per table for cardrooms with three (3) or fewer tables .....$750.00

Annual fee per table for cardrooms with more than three (3) tables:

1 to 5 tables .....$1,500.00 each

6 to 30 tables .....$2,500.00 each

31 to 45 tables .....$5,000.00 each

(Ord. G-6440 § 4, 1997: Ord. G-6096 § 2 (part), 1994: Ord. G-4948 § 4, 1989: prior code § 5633)

(Ord. No. G-7814, § 2, 1-6-09)

No person shall be granted a license to conduct more than one (1) cardroom, or have a financial interest in more than one (1) cardroom in the county of Kern. No cardroom license shall be assignable or transferable. No cardroom license or any interest whatsoever of any person financially interested in a cardroom shall be assignable, delegable, or transferable without full compliance with the initial licensing provisions of this chapter, including payment of the initial application fee.

(Ord. G-6096 § 2 (part), 1994: prior code § 5634)

Except as otherwise provided in this chapter, no person shall operate a cardroom in violation of any of the following regulations:

A. No more than one (1) cardroom shall be located at any one address;

B. No cardroom shall be located within two hundred (200) feet of another cardroom;

C. No cardroom shall be located on property adjacent to property on which another cardroom is located;

D. Applications for addition of card tables shall be made to the sheriff's department and the planning department. No more than ninety (90) card tables shall be authorized to operate under this chapter at any point in time in the unincorporated area of the county of Kern. No more than forty-five (45) card tables shall be located in any cardroom. Further restrictions on the number of tables allowed per cardroom shall be as follows:

Licensees may increase the number of tables in any cardroom up to a maximum of forty-five (45), provided the license has not been suspended within three (3) years of the application for additional tables, no action on the license or investigation is pending and subject to compliance with zoning and other applicable laws;

E. No card table shall be located in any cardroom unless the fee prescribed in Section 5.20.090 has been paid in advance;

F. No person shall deal, play, carry on, open or cause to be opened, or conduct, either as owner or employee, whether for hire or not, any game prohibited by state law for money, chips, checks, credit or other representative of value, or bet at or against any of said prohibited games in any cardroom;

G. Not more than ten (10) players shall be permitted at any one card table;

H. No minor shall be permitted in any cardroom or participate in any game played therein;

I. All cardrooms and all records therein pertaining to its operation shall be open to inspection by the sheriff's office during all hours of operation;

J. At the discretion of the licensee, card players may be permitted to cash checks; provided, however, no check received by a cardroom shall be held for or returned to any player for any reason but shall be processed through the bank on which it is drawn in the ordinary course of the cardroom's business;

K. Each card table shall be assigned to a person whose duty shall be to supervise the game and see to it that it is played strictly in accordance with the terms of this chapter and with the provisions of the Penal Code of the state of California. This person may supervise more than one (1) table;

L. All signs and other insignia or advertising relative to cardrooms shall comply with all state and local laws, including any applicable zoning regulations;

M. No person who is in a state of intoxication shall be permitted in a cardroom;

N. No cardroom employee shall deal any game unless he has been issued a work permit as provided for in Section 5.20.120 of this code. Noncardroom employees and off duty cardroom employees must pass the deal hand and no player shall deal for another;

O. No owner, operator or employee of a cardroom will buy, accept in hock or pawn, or take in exchange for credit or chips, any item of merchandise or article of value, new or used;

P. No owner, operator or employee of a cardroom will issue chips or money to a patron on credit or loan (including but not limited to the use of IOUs, checks to be held, credit cards); nor shall any owner, operator or employee of a cardroom transfer to any cardroom patron anything of value without receiving simultaneous payment or compensation therefor in a sum of United States currency or coin of equal value; nor shall any owner, operator or employee of a cardroom allow any patron to play on credit;

Q. Each cardroom licensee shall post the cardroom license in a conspicuous place on the premises in addition to the posting of the rules and regulations of the game being played;

R. Cardrooms or card tables shall be so arranged that they shall not be open to view from outside the cardroom;

S. All card tables shall, at all times while games are being played at said tables, be in full view of all patrons; and no doors, screens, walls or other obstructions shall be installed or maintained so as to conceal the players at any card table;

T. Every licensee shall post in a conspicuous place in the cardroom and provide the vice division of the sheriff's office a complete, current list of all seat rental and per-hand fees charged for each card game offered;

U. At the discretion of the sheriff, licensees shall provide private on-site security as approved by the sheriff. If required by the sheriff, prior to operation, licensee shall submit an on-site security plan to the sheriff for approval. Such plan shall include, but not be limited to, the ratio of security personnel to operating tables, a description of schedules and responsibilities of all security personnel, and the procedure for coordination of security personnel activities with law enforcement agencies. All security personnel shall be required to obtain an employment identification card pursuant to Section 5.20.120 in addition to any other licenses or permits required by law;

V. The provisions of subsections (K) and (L) shall not apply to a nonprofit society, fraternal or labor organization;

W. All wagers or bets of any kind made in any card game in any cardroom shall be made using chips purchased from the cardroom where the bet or wager is made. No player of any card game in any cardroom shall wager or bet any chip that was not purchased by the player from the cardroom prior to the first card of the game being dealt to any player;

X. Cardrooms may be open to the public and may operate card tables for public use twenty-four (24) hours daily;

Y. Every provision of this chapter shall apply, without exception to any and every card game tournament and to any other special card game event held in any cardroom;

Z. Patrons shall be informed of the wagering rules and limitations applicable to the particular game being played at the time they are first seated at a card table and prior to their making any wager. The wagering rules and limitations established by any cardroom licensed under this chapter for all games played in that cardroom shall be conspicuously posted. This chapter does not impose any limit on the amount of any single bet or wager in any card game and does not limit the total that may be bet or wagered in any one card game. Whether or not there is any limit on any single bet or wager in any card game or any limit on the total that may be bet or wagered in any card game shall be determined by the cardroom licensee.

(Ord. G-7599 § 2, 2007; Ord. G-6588 § 2, 1999; Ord. G-6509 § 6, 1998; Ord. G-6440 § 2, 1997; Ord. G-6096 § 2 (part), 1994: Ord. G-5579 § 3, 1991; Ord. G-4948 § 5, 1989: prior code § 5635)

(Ord. No. G-7810, § 2, 12-16-08)

A. No person shall be employed in any cardroom licensed in accordance with this chapter without first having secured an appropriate work permit from the vice/licensing unit of the county sheriff's office in accordance with the requirements of the Gambling Control Act (Business and Professions Code Section 19800 et seq., specifically Sections 19805, subdivision (k), and 19910.5A of that Act) and this chapter. Any work permit issued to a dealer shall state "dealer" or "authorized dealer." On duty dealers shall not participate in any game they are dealing. All persons required to have a work permit shall pin, clip or otherwise attach the permit to their clothing in such a manner that it is easily visible during all times they are performing work under authority of such permit.

B. Applications for such work permits shall be executed under penalty of perjury and contain the past criminal record, if any, of the applicant and such other information that may be determined by the sheriff's office as necessary to determine whether the applicant is a proper person to be issued a cardroom work permit. The application shall also be accompanied by fingerprints and recent photograph of the applicant. The vice division of the sheriff's office shall deny to such applicant a work permit if any of the following appear:

1. The application is not complete;

2. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a work permit or in any report or record that may be required to be filed with the sheriff's office;

3. The applicant has been convicted of any crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude;

4. The applicant has had a cardroom work permit revoked by the county or any other public entity within the past five (5) years; and

5. The applicant is disqualified for any reason set forth in subsections (1) through (7) of subdivision (a) of Section 19850A of the Business and Professions Code.

C. Each application for a work permit shall be accompanied by a fee of one hundred dollars ($100.00) and a permit shall be valid for a period of one (1) year. Fifty dollars ($50.00) of the fee is to cover the costs of investigation and handling and shall not be returned in the event that said work permit is refused, revoked or suspended as hereinafter provided. Only one (1) such work permit shall be required each year, even though the holder of such work permit may change his place of employment within the county. The fee for renewal of a cardroom work permit shall be seventy-five dollars ($75.00).

D. The action of the vice division of the sheriff's office in denying such a work permit shall be handled in the same manner as the denial of a cardroom license which is set forth in Section 5.20.080 of this chapter.

E. The sheriff's department shall not issue any work permit required by this chapter if the State Department of Justice, Division of Gaming Control objects to its issuance.

(Ord. G-6749 § 2, 2001; Ord. G-6588 §§ 4, 5, 1999; Ord. G-6509 § 7, 1998; Ord. G-4948 § 6, 1989: prior code § 5636)

A. Whenever it appears to the sheriff that the licensee, any agent or employee of the licensee, or any person financially interested in the cardroom business is operating a cardroom in violation of, or without full compliance with, any of the provisions of this chapter or any federal, state or local law, rule or regulation, or that the license was obtained by any fraudulent representation, the license may be revoked or suspended for a period not to exceed thirty (30) successive calendar days.

B. Prior to any suspension or revocation, the sheriff's office shall notify the licensee in writing of the proposed suspension or revocation by serving a notice personally upon the licensee or by giving a notice by certified mail delivered upon the licensee's address. Such notice shall set forth the grounds for the proposed suspension or revocation. The notice shall also inform the licensee that the licensee has five (5) business days from the date of such notice to file with the sheriff's office a written request for a hearing to determine whether the license shall be revoked or suspended.

C. Failure of the licensee to file with the sheriff within said five (5) business days a request for such hearing is a waiver of the right to a hearing, allowing the sheriff forthwith to revoke or suspend the license as set forth in the original written notification.

D. Upon timely request for hearing by a licensee who has received notice of proposed suspension or revocation of a license, the hearing officer shall provide the licensee an opportunity for a hearing pursuant to Section 5.20.150 within ten (10) business days after receipt of the request for hearing. No license shall be suspended or revoked pursuant to this section unless written notice of the time and place of such hearing shall first have been personally served upon licensee or provided by certified mail delivered to the licensee's address not less than five (5) calendar days before the hearing. Such notice shall also set forth the grounds advanced as the basis for the proposed suspension or revocation.

(Ord. G-6096 § 2 (part), 1994: prior code § 5637)

A. Whenever it appears to the vice division of the sheriff's office that the holder of a cardroom license is operating the cardroom or games in violation of any of the provisions of this chapter or state or federal law, and there is an imminent danger to the public welfare, the sheriff's office shall have the authority to suspend summarily the license and order the licensee to cease and desist immediately any further operation of the cardroom.

B. Any person who continues to conduct a cardroom after any summary suspension thereof under subsection (A) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

C. The order issued under subsection (A) of this section shall also notify the licensee that the licensee shall have five (5) business days from the date of such order to request a hearing to determine whether the license shall be revoked or suspended for up to thirty (30) additional calendar days following the hearing officer's decision. Failure to request in writing such hearing before the hearing officer within said five (5) day period shall result in revocation or further suspension of the license.

D. Upon such request for hearing by a licensee whose license has been suspended under subsection (A) of this section, the hearing officer shall provide the licensee an opportunity for a hearing under Section 5.20.150 within ten (10) business days after receipt of the request for hearing. No license shall be revoked or further suspended pursuant to this section unless written notice of the time and place of such hearing shall first have been personally served upon licensee or provided by certified mail delivered to the licensee's address not less than five (5) calendar days before the hearing. Such notice shall also set forth the grounds advanced as the basis for the proposed suspension or revocation.

(Ord. G-6096 § 2 (part), 1994: prior code § 5638)

A. Any holder of a license whose license has been designated by the sheriff's office for suspension or revocation under this chapter, and who has requested in writing to have a hearing pursuant to Section 5.20.130 or 5.20.140 of this chapter, shall have the right to a fair and informal hearing on said proposed suspension or revocation. At said hearing, the sheriff's office shall have the burden of proving by a preponderance of the evidence the ground(s) on which the proposed suspension or revocation is based. Presentation of evidence by the sheriff's office, both oral and written, as well as the testimony of witnesses, shall be appropriate at the hearing. The licensee or his authorized representative shall have the right, at the hearing, to present evidence and witnesses and written and/or oral argument in support of his position. The determination of the hearing officer shall be final and shall be given in writing not more than five (5) calendar days after the hearing is concluded.

B. Any licensee whose license is finally revoked or any person financially interested in a cardroom or who operated, supervised or managed a cardroom as shown on the initial application or otherwise for which the license is finally revoked, may not again apply for a license to conduct a cardroom in the county for a period of five (5) years from the date of such revocation.

C. Any person whose license is suspended, shall not operate any cardroom until the suspension has terminated.

(Ord. G-6096 § 2 (part), 1994: prior code § 5639)

The procedures of suspending or revoking a cardroom work permit and the appeal thereof shall be the same as those utilized for suspending and revoking a cardroom license and the appeal thereof as set forth in this chapter.

(Prior code § 5640)

The board of supervisors declares that it is not the intention of this chapter to sanction the issuance of a license to any cardroom for the playing of any games prohibited by the laws of this state, including but not limited to those games enumerated in Section 330 of the Penal Code of the state of California, which section includes banking and percentage games.

(Prior code § 5641)

Any person, firm or corporation wilfully violating any of the provisions of this chapter or wilfully failing to comply with any of the terms or regulations contained herein is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(Prior code § 5642)

A. Statement of Revenue. Each licensee shall file with the sheriff before the fifteenth (15th) day of each calendar month a statement, showing the true and correct amount of gross revenue derived from all card table activity for the preceding calendar month. The sheriff may audit the matters referred to in the statement and determine the correctness of the figures set forth in such statement.

In addition to the foregoing, a certification or declaration signed under penalty or perjury by the licensee or the licensee's management shall be attached to the statement or included therein, which certification or declaration shall declare that the information provided is true and correct.

B. Audit of Reports. The books, records, and accounts of any cardroom may be audited by the county of Kern, such audit to be performed by a qualified accountant or county official who shall be selected by the county of Kern. Any information obtained pursuant to the provisions of this section or any statement filed by the licensee shall be deemed confidential in character and shall not be subject to public inspection but shall be available to those county officials having jurisdiction over the provisions of this chapter and to any court of competent jurisdiction where any matter relating thereto may be actively pending.

C. Refusal to Display Records. Any failure or refusal of any licensee to make and file any statements as required within the time required, or to pay such sums by way of license fees when the same are due and payable in accordance with the provisions of this chapter, or to permit inspection of any books, records, or accounts of such licensee shall constitute full and sufficient grounds for revocation of the license of any such licensee. Any fraud concerning, or falsification of, any cardroom record, statement or accounting shall also constitute full and sufficient grounds for revocation of the license of any such licensee.

(Ord. G-6096 § 3 (part), 1994)

A. It shall be unlawful for any licensee, any employee or agent of the licensee, or any person financially interested in a cardroom to:

1. Knowingly permit any unlawful activity to take place upon the premises of the cardroom business or to fail to take reasonable steps to prevent such activities from taking place, including, but not limited to, illegal gambling activities, prostitution and cheating; or

2. Derive revenues from games being played in the cardroom other than through collection of a specified periodic fee from its patrons for the use of the card tables for incremental periods of time or a specified fee per hand. This prohibition does not apply to the licensee, any employee or agent of the licensee, or any person financially interested in the cardroom who is participating in a card game as a player on his own account.

B. Cheating. It is unlawful for any person to attempt to gain any unfair advantage for any player in a licensed cardroom through a fraudulent technique or mechanical or electronic device. Prohibited cheating techniques include, but are not limited to, the following examples:

1. It shall be unlawful for any person as a player or dealer to attempt to deal, draw, distribute or burn any playing cards other than the top card of a deck;

2. It is unlawful for any person to attempt to prearrange or to shuffle any playing cards, other than in a random manner;

3. It is unlawful for any person to attempt to alter in any way the shape, appearance, texture or number of cards in play, or to switch any card;

4. It is unlawful for any person to attempt to use any apparatus to gain information not available to other players.

(Ord. G-6096 § 3 (part), 1994)

The purpose of the ordinance codified in this chapter is to license owners of cardrooms for regulation and revenue under Sections 16100 et seq. and 19800 et seq. of the California Business and Professions Code and Section 7284 of the California Revenue and Taxation Code.

(Ord. G-6096 § 3 (part), 1994)