King City Municipal Code Ch. 5.28 Cardrooms

The operation of public card tables uncontrolled as to number and unlimited as to hours of operation now requires that said establishments be opened to law enforcement officers and further requires that the operation of such businesses shall not become public nuisances nor become injurious or offensive to public health, safety, welfare or morals of the people of the city.

(Ord. 393 § 1, 1977)

It is unlawful for any person, firm or corporation to keep or maintain, or permit to be kept or maintained, within the incorporated area of the city, in any building, place, premises or room owned, managed, supervised, possessed or controlled by him or it, any table or tables which are used by the public or offered for use by the public for the playing of cards, or any gambling, and for the use of which a fee or compensation in any form is charged players, without first obtaining from the city council a permit to do so for each such building, place, premises or room.

(Ord. 393 § 1, 1977; Ord. 417 § 1, 1979)

(a) A written application for a cardroom permit under this chapter, verified under penalty of perjury by the applicant and by all persons having a financial interest in the obtaining of such permit, and accompanied by fingerprints of the applicant and each person so interested and a filing fee in an amount to be fixed by resolution of the city council, shall be filed with the city clerk upon forms to be provided by him and shall contain the following information:

(1) The name, occupation, business status and residence address of the applicant and all persons having a financial interest in the obtaining of such permit;

(2) The location and ownership of the premises for which the permit is sought;

(3) The number of tables for which the permit is sought;

(4) The citizenship of the applicant and of each person having a financial interest in the obtaining of such permit and, if the applicant or any such person is not a United States citizen, information and supporting documents sufficient to establish to the satisfaction of the city council that he or she has been legally admitted to the United States for permanent residence;

(5) The past criminal record, if any, of the applicant and of all persons having a financial interest in the obtaining of such permit;

(6) Together with such further information as the city council may require in order to determine that the operation of such a cardroom premises would be consistent with the provisions of this chapter and would not be injurious to the health, safety, welfare and morals of the people of the city.

(b) The city council, before issuing any cardroom permit, shall submit each application to the chief of police, who shall inspect the tables and the premises in question and make his report and recommendation to the city council. The chief of police shall not recommend any application unless he is satisfied that the operation of the cardroom at the premises proposed would not constitute a violation of any state law or ordinance of the city to operate such business upon the premises for which the permit is sought.

(c) A cardroom permit shall be issued only if the applicant and all persons having a financial interest in the obtaining of such permit are either citizens of the United States or aliens who have been legally admitted to the United States for permanent residence.

(d) The city council may deny such application if the applicant or any person having a financial interest in the obtaining of such permit has previously been convicted of a felony involving force or violence, fraud, embezzlement, or theft, or if, after investigating the matter, it determines that it will be injurious to the public health, safety, welfare or morals of the people of the city to operate such cardroom or business upon the premises for which the permit is sought.

(e) If the city council denies any application, notice of such denial of such application shall be given in writing to the applicant within ten days after such denial. Notice shall be effected by personal service upon the applicant or by United States mail directed to the applicant at his place of residence. The applicant may appeal therefrom by filing a written notice of such appeal with the city clerk no later than twenty days after the denial of the application. Upon the filing of such notice of appeal, the city council shall schedule a hearing within fifteen days. The applicant, the chief of police and the city attorney shall be notified of the date of the hearing of such appeal.

(f) Permits for the operation of cardrooms in the city shall be limited to three for each five thousand, and fraction thereof, persons residing in said city, the population thereof at any pertinent time to be determined by the city manager in accordance with the federal census or other reliable information.

(g) Granting of a cardroom permit shall be authorized by resolution of the city council instructing the city clerk to issue the same.

(Ord. 393 § 1, 1977; Ord. 417 § 1, 1979)

Each cardroom employee shall obtain a work permit from the chief of police. For purposes of this section, the term “cardroom employee” includes dealers, overseers, and others directly connected with the operation and supervision of the card tables, but excludes waiters and waitresses, bartenders, culinary workers, and others not connected with the operation or supervision of the card tables. Such permit shall expire one year after the date of its issuance.

(Ord. 417 § 1, 1979)

(a) A written application for a work permit under this chapter, verified by the applicant under penalty of perjury and accompanied by the applicant’s fingerprints and a filing fee in an amount to be fixed by resolution of the city council, shall be filed with the chief of police upon forms to be provided by him and shall contain the following information:

(1) The name, residence address and telephone number of the applicant;

(2) The business name and address of the cardroom where the applicant will work;

(3) The citizenship of the applicant and, if the applicant is not a United States citizen, information and supporting documents sufficient to establish to the satisfaction of the chief of police that the applicant has been legally admitted to the United States for permanent residence;

(4) The criminal record, if any, of the applicant; and

(5) Such other information as the chief of police may deem necessary in order to determine whether the applicant is a proper person to be issued a cardroom work permit.

(b) To be eligible for a work permit, the applicant must be a citizen of the United States or an alien who has been legally admitted to the United States for permanent residence.

(c) The chief of police may deny an application for a work permit if the applicant has previously been convicted of a felony involving force or violence, fraud, embezzlement, or theft; provided, that such denial may be appealed to a board of appeal consisting of three council members appointed by the mayor. A notice of appeal must be filed with the city clerk within ten days after the police chief’s denial of the permit under this subsection. If no such notice of appeal is filed within said ten-day period, the action of the police chief in denying the permit shall be final and conclusive.

(d) A temporary work permit may be issued to an applicant by the chief of police pending completion of his investigation of the applicant and the processing of the application.

(Ord. 417 § 1, 1979)

It is unlawful for the owner, operator, tenant or person in control of any room or enclosure’ where a card table or tables are maintained or used, or while any card game is played, to do the following:

(1) To operate more than two tables at any cardroom;

(2) To permit more than eight players at any one card table;

(3) To extend credit to a player, accept IOU’s from a player, loan money to any person on a ring, watch, or other article of personal property for the purpose of securing tokens, chips or other representatives of money as an ante;

(4) To play any game except lowball, draw poker, pinochle, panguingue, rummy, contract or auction bridge;

(5) To permit any gambling in any card game in excess of table stakes;

(6) To cash any bank checks for players in any cardroom;

(7) To remain open between the hours of two a.m. and eight a.m.;

(8) To allow any person under the age of twenty-one years to be present on the premises at any time;

(9) To operate a cardroom on other than the ground floor which shall be plainly visible by law enforcement officers from the entrance on the ground floor and which shall have no warning system for the approach of any police officer to any person or persons in or about such premises;

(10) To allow a person who is in a state of intoxication to play in a gambling game at a card table;

(11) To operate a cardroom without first posting in a conspicuous place on the premises a copy of the house rules and regulations and giving notice that all persons will be required to comply with such house rules and regulations.

(Ord. 393 § 1, 1977)

Permits issued under this chapter shall not be transferable and any attempt to transfer such a permit shall render the permit void.

(Ord. 393 § 1, 1977; Ord. 418 § 1, 1979)

The city council shall have the right, for cause, to revoke or suspend any cardroom permit or any cardroom work permit issued pursuant to the provisions of this chapter and to take possession of such permit. Cause for such suspension or revocation may be any one or more of the following:

(a) Violation of Section 330 of the Penal Code of the state or any other statutory enactment of the state pertaining to gambling;

(b) Failure of the permittee to comply with any of the provisions of this chapter;

(c) The making of a knowingly false statement in an application for the issuance or renewal of a permit;

(d) Any of the grounds upon which the issuance of a permit may be denied under the provisions of this chapter.

(Ord. 418 § 2, 1979)