Lemoore Municipal Code Ch. 4 Amusements

ARTICLE A. AMUSEMENT MACHINES

SECTION:

As used in this Article, the following words shall have the following meanings:

MARBLE GAME: Includes any pinball machine and any game or device in which marbles, balls, pellets or other moving objects are propelled, released or rolled either by hand or with the aid of a mechanical plunger or other affixed mechanical device, in such manner as to result in a score, tally, points or other indications of relative success in the operation and playing of such marble games, whether the same be indicated by, or may be computed by, means of numbers, letters, lights, colors or in any manner whatsoever, and where five (5) or more balls are used in its operation, and where all of such balls count in the total score of said machine.

RAY-O-LITE DEVICE or MULTI-RAY-O-LITE DEVICE: A pinball machine, excepting that a "ray-o-lite" device or "multi-ray-o-lite" device is operated by an electric beam or light. (1975 Code §6-2.01)

No person shall keep, maintain, possess or have under control in any place of business, or in any other place of public resort, either as owner, lessee, agent, employee, mortgagee or otherwise, any table game or device commonly known as a marble game, any machine operating with three (3) or more reels, horse race machines, claw, scoop or grab machine, pinball machine or any automatic payoff machine, the operation, use or play of which is controlled by placing therein any coin, plate, disk, plug, key or other device, or by the payment of any fee; or any automatic machine where odds can fluctuate or can be activated by placing therein of more than one coin.

Upon arrest and conviction of any owner or operator of any illegal machine, as hereinabove defined, such machine or machines shall be confiscated and destroyed by a duly authorized representative of the City. (1975 Code §6-2.02)

A. Conflicts With State Laws: Nothing herein contained is intended nor is to be construed as permitting the licensing or keeping of any mechanical games within this City, the possession of which is illegal as a gambling device under and by virtue of the laws of the State of California. (1975 Code §6-2.03)

B. Application to Vending Machines: This Article shall not apply to any vending machine so designed and so operated as to sell and deliver merchandise only, equivalent in market value to the value of the coin or coins deposited, without the payment or delivery or the promise of payment or delivery of anything except the merchandise therein kept for sale. (1975 Code §6-2.04)

Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment in the Kings County jail for a period not to exceed ninety (90) days or both such fine and imprisonment. (1975 Code §6-2.05)

ARTICLE B. GAMBLING ESTABLISHMENTS

SECTION:

It shall be unlawful to own, conduct, operate, or maintain any gambling establishment within the city of Lemoore without a license being first obtained as provided herein. Any person or entity who owns, conducts, operates, or maintains any gambling establishment within the city of Lemoore must have first received a license from the Attorney General of the State of California prior to owning, conducting, operating, or maintaining a gambling establishment within the city of Lemoore. In addition, a person or entity seeking to own, conduct, operate, or maintain a gambling establishment within the city of Lemoore must first also obtain issuance from the city council of a city-issued license to own, conduct, operate, or maintain a gambling establishment within the city, which license may continue in effect only as herein provided and for a period not to exceed twelve (12) months and which license may be renewed annually as herein provided. The applicant for a license shall file with the city license collector an application setting forth the name and address of all parties interested in the operation or maintenance of the gambling establishment, the place where the gambling establishment is to be conducted, and all necessary facts indicating that the place in which the gambling establishment is to be conducted and the persons conducting the gambling establishment satisfy the provisions of this article. The city license collector shall review each application, conduct any investigation deemed reasonable in assessing each application, and maintain a record of all persons and entities who have applied for and either received or been denied such a license, including, but not limited to, a record of each applicant's fingerprints and photographs. Thereupon, the city license collector shall endorse on the application his or her recommendation suggesting approval or disapproval of the application and deliver the same to the city clerk for presentation to the city council for its approval or disapproval. (Ord. 9911, 11-16-1999)

For the purposes of this article, unless otherwise apparent from context, certain words and phrases used in this article are defined as follows:

CITY: The city of Lemoore.

CONTROLLED GAMBLING: To deal, operate, carry on, conduct, maintain, or expose for play any controlled game.

CONTROLLED GAME: A controlled game as defined by subdivision (e) of section 337j of the California Penal Code.

GAMBLING ESTABLISHMENT: One or more rooms where any controlled gambling occurs. (Ord. 9911, 11-16-1999)

The city license collector may deny an application for a gambling establishment license for any of the following reasons:

A. The applicant has been convicted of a felony, convicted of any crime involving gambling, or convicted of a violation of the gambling control act, codified at Business And Professions Code section 19800 et seq.

B. The applicant is under twenty one (21) years of age.

C. The applicant has made a false statement in the application for a license.

D. The applicant does not possess a current license in good standing from the attorney general of the state of California to operate a gambling establishment. (Ord. 9911, 11-16-1999)

A license to own or operate a gambling establishment may be revoked for any of the following reasons:

A. The owner or operator of the gambling establishment allows house players, shills, or dummies to engage in controlled games.

B. The attorney general revokes the owner's or the operator's state license.

C. The owner or operator of the gambling establishment violates any of the gambling establishment regulations of the city, including sections 3-4B-5 through 3-4B-20 of this article.

D. The owner or operator of the gambling establishment is convicted of a felony, convicted of any crime involving gambling, or convicted of a violation of the gambling control act, codified at Business And Professions Code section 19800 et seq.

E. The owner or operator fails to inform the city license collector of any change in employment status of a registered employee within ten (10) days of the change in employment status. "Change in employment status" shall include termination of employment, leave of absence, promotion or other change in job title. (Ord. 9911, 11-16-1999)

A licensee may set hours of operation up to and including sixteen (16) hours per day, exclusive of the hours from two o'clock (2:00) A.M. of any day and nine o'clock (9:00) A.M. of the same day, excepting Fridays, Saturdays, Sundays and Mondays. No licensee shall operate for more or fewer hours per day than as stated on the licensee's application for a license made pursuant to section 3-4B-3 of this article. The hours of operation must be posted by the licensee in a place on the licensed premises sufficiently conspicuous that all patrons of the gambling establishment are thereby given notice of the hours during which the licensed gambling establishment may remain open for business. (Ord. 2001-01, 2-20-2001)

No person shall possess alcoholic beverages within any gambling establishment between the hours of two o'clock (2:00) A.M. of any day and nine o'clock (9:00) A.M. of the same day. No gambling establishment owner or operator, and no employee, representative or agent of the owner or operator shall allow alcoholic beverages to be stored, sold, served, or consumed within any gambling establishment during those hours. (Ord. 9911, 11-16-1999)

No gambling establishment owner or operator, and no employee, representative or agent of the owner or operator shall allow any person to play any controlled game while such person is noticeably under the influence of an intoxicating beverage or drug. (Ord. 9911, 11-16-1999)

No gambling establishment owner or operator, and no employee, representative or agent of the owner or operator shall allow any person not participating in a controlled game to loiter within a gambling establishment while controlled games are in progress. (Ord. 9911, 11-16-1999)

In the interest of promoting the public peace, safety, and general welfare, gambling establishments shall only be allowed pursuant to the allowed use requirements of section 9-4B-2, table 9-4B-2 of this code. (Ord. 9911, 11-16-1999; amd. Ord. 2012-01, 4-17-2012)

Limits on a wager shall be on a per-hand basis and not on a per- person basis and the maximum value of any wager on any one hand shall be three hundred dollars ($300.00). (Ord. 9911, 11-16-1999)

No gambling establishment owner or operator, and no employee, representative or agent of the owner or operator shall allow any of the following:

A. Wagering in excess of posted limits.

B. Simultaneous hands or betting squares by the same player.

C. Bets made by any owner or operator, or by any employee, representative or agent of the owner or operator, while either the owner or operator or employee or representative or agent is performing any duties or work for or employment responsibilities connected with the operation, maintenance, ownership, or supervision of the gambling establishment.

D. Bets made by any shill or dummy player. (Ord. 9911, 11-16-1999)

The following information must be posted in a place on the licensed premises sufficiently conspicuous that all patrons of the gambling establishment are thereby given notice thereof:

A. The wagering limits established from time to time by the state of California or the city, or both.

B. A set of detailed house rules applicable to the controlled games played, which shall also be available in the form of a printed rule book.

C. A true and complete copy of the currently valid license issued by the city license collector.

D. A true and complete copy of the currently valid license issued by the city license collector or the attorney general pursuant to the Gambling Control Act. (Ord. 9911, 11-16-1999)

A maximum of four (4) gambling tables, with a maximum of nine (9) players and one dealer per table, shall be allowed to operate in the city. (Ord. 9911, 11-16-1999)

A maximum of one gambling establishment shall be allowed to operate in the city. (Ord. 9911, 11-16-1999)

Any time a gambling establishment changes ownership, the new owner must apply and qualify for a gambling establishment license as provided in this article. No license may be sold, transferred, or assigned by the licensee or by operation of law. Any sale, transfer, or assignment, or attempted sale, transfer or assignment, of the license by the licensee or by any other person shall void the license and shall be deemed to constitute a voluntary surrender of the license by the licensee. This section shall not be construed to limit any right of any gambling establishment owner to sell, transfer, or assign or otherwise encumber an ownership interest in the gambling establishment property. (Ord. 9911, 11-16-1999)

No gambling establishment owner or operator, and no employee, representative or agent of the owner or operator shall accept or negotiate any personal check which does not bear a dollar amount written in numbers and words on the face of the check. (Ord. 9911, 11-16-1999)

Any gambling establishment in the city shall display in a place on the licensed premises that is sufficiently conspicuous that all patrons of the gambling establishment are thereby able, for free and effortlessly, to see, take and keep literature published by Gamblers Anonymous. (Ord. 9911, 11-16-1999)

Any gambling establishment in the city shall provide the following security:

A. Upon reasonable notice by the city license collector, current and accurate business records, papers, reports, audits, and books of account of the gambling establishment business shall be made available for inspection and copying by the director of finance of the city.

B. All owners and operators, and all employees, representatives, and agents of the owner (or owners) or operator (or operators), shall have an affirmative duty to immediately report to the police department of the city any and all crimes occurring in or about the gambling establishment premises, including any violation of the provisions of this article.

C. Each licensee shall present on an annual basis a plan for security and safety of patrons of the licensee in and around the gambling establishment. The plan shall set forth such provisions as are necessary to ensure the safety and security of all patrons; shall include measures to be taken by the owners and operators, and the employees, representatives, and agents of the owner (or owners) or operator (or operators), to avoid "follow- home robberies"; and shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the licensed premises for the preceding two (2) years. Licensees shall be liable for the safety and security of patrons of the gambling establishment to the fullest extent allowed under all applicable law. Any attempt by a licensee to limit the extent of liability of the licensee shall be posted in a place on the licensed premises sufficiently conspicuous that all patrons of the gambling establishment are thereby given notice of the attempted limitation of liability. (Ord. 9911, 11-16-1999)

No gambling establishment shall employ any person who lacks current registration with the city license collector. Registration and issuance of a work permit shall be accomplished as follows:

A. At least ten (10) days prior to commencing work at a gambling establishment in the city, a prospective gambling establishment employee must present himself or herself in person, by prior appointment, at the office of the city license collector during normal business hours.

B. Such prospective gambling establishment employee shall complete an application form provided by the city license collector or his or her designee, certify under penalty of perjury to the truthfulness of the information provided by the applicant on the application form; supply fingerprints which shall be taken by the city license collector or his or her designee, allow himself or herself to be photographed by the city license collector or his or her designee, and consent in writing to any and all further investigation deemed reasonable by the city license collector, including, but not limited to, a criminal background check.

C. Each applicant shall pay in advance a registration fee of two hundred dollars ($200.00) per year for each card table in any gambling establishment not exceeding four (4) card tables per establishment.

D. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any of the reasons specified in Business and Professions Code section 19850. If the city license collector approves an application for registration, he or she shall, within ten (10) days of submission of the information required by subsection B of this section, mail to the applicant a statement of determination whether the application for registration has been granted or denied.

E. Upon such approval, the city license collector shall issue a work permit by giving to an applicant whose application for registration has successfully been granted a temporary work permit, which shall remain property of the city and shall allow the prospective gambling establishment employee to be employed by the gambling establishment owner or owners or operator or operators pending receipt by the city license collector from the California State Department of Justice of a report on that department's analysis of the fingerprints of the applicant. If that report is favorable to the applicant and if further it is found by the city license collector that the applicant: 1) is twenty one (21) years of age or more; 2) has not been convicted of a felony, has not been convicted of any crime involving gambling, and has not been convicted of a violation of the Gambling Control Act, codified at Business and Professions Code section 19800 et seq.; and 3) has not made any false statement in the application, the city license collector shall give to the applicant whose application for registration has thus been successfully granted a permanent work permit, which shall remain property of the city and shall expire two (2) years after issuance.

F. A gambling establishment employee who desires to renew his or her work permit shall, within one month prior to expiration of the employee's registration, present himself or herself in person, by prior appointment, at the office of the city license collector during normal business hours and complete a registration renewal form provided by the city license collector or his or her designee, and certify it and submit to all other requirements as set forth in subsections B through E of this section.

G. A registered employee of a gambling establishment shall inform the city license collector of any change in the employment status of the registered employee within ten (10) days of the change in employment status. "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 to any applicant if the division of gambling control of the Department of Justice of the State of California objects to the issuance of such work permit. Such denial may be reviewed in accordance with the Gambling Control Act, Business and Professions Code section 19801 et seq. (Ord. 9911, 11-16-1999)

No gambling establishment license shall be issued or renewed without the payment of a license fee in the amount of twenty five dollars ($25.00) per gambling table per quarter, which fee serves to defray all administrative costs of implementing and enforcing the provisions of this article. (Ord. 9911, 11-16-1999)

All license fees shall be payable quarterly in advance. (Ord. 9911, 11-16-1999)

A. Any person or entity violating or causing or knowingly licensing the violation of any of the provisions of this article shall be guilty of a misdemeanor.

B. Prior to issuing a citation to any person for a violation of any provision of this article, the issuing officer may serve written notice upon such person or entity stating the nature of the violation and providing a reasonable period of time, not to exceed seven (7) days, for the violator to comply with all provisions of this article. (Ord. 9911, 11-16-1999)