Livingston Municipal Code Ch. 5 Regulation of Cardrooms

No person shall keep, conduct or maintain any house, room, apartment or place, used in whole or in part as a gambling house or place where any game is played, conducted, dealt or carried on with cards, dice, dominoes or other devices, for money, checks, chips, credit or any representative of value, in the result of which game chance is any determining factor, except as set forth in § 10-5-4 of this chapter. The word CARDS as used in this chapter is not intended to and shall not include games known as bridge or whist. Except as provided in this chapter, there shall be no gambling permitted in the city.

(Ord. 283, passed 4-11-1985)

No person shall knowingly permit any house, room, apartment or place owned by him or her or under his or her charge or control to be used in whole or in part as a gambling house or place of playing, conducting, dealing or carrying on any game, played with cards, dice, dominoes or other device, for money, checks, chips, credit or any representative of value, in the result of which game chance is any determining factor except as set forth in § 10-5-4 of this chapter.

(Ord. 283, passed 4-11-1985)

No person shall deal, operate, attend, play or bet at or against any game, in the result of which game chance is any determining factor, which game is played, conducted, dealt or carried on with cards, dice, dominoes or other device, for money, checks, chips, credit or any representative of value, in any house, room, apartment or place, except as set forth in § 10-5-4 of this chapter.

(Ord. 283, passed 4-11-1985)

The following exceptions are made to the provisions of § 10-5-1 of this chapter.

(A) Private games. Said provisions shall not apply to occasional private games, otherwise lawful, carried on for purely social purposes in a private home. Neither shall said provisions apply to otherwise lawful games, other than card games, conducted by a private group of customers, for the sole purpose of determining which member of said group shall pay for food, refreshments or beverages for immediate consumption by the group.

(B) Benevolent organization licensed.

1. Generally. A license may be issued in the reasonable discretion of the Chief of Police to any incorporated or chartered fraternal, labor, benevolent or charitable organization or association, which organization or association has been continuously carrying on within the city the activities for which it was organized for a period of not less than two years immediately preceding making application therefor. Said license shall authorize such organization or association to conduct a game room or rooms wherein games not in conflict with any state law may be played and conducted incidental to the other activities of such organization, but in conformity with the provisions of this subsection (B)1.. No advertising or advertising signs shall be permitted in connection with said operation. The licensee shall have a paid attendant in such rooms at all times when games are in progress, and it shall be his or her duty to report to the licensee any violation of law.

2. Members only. No such game shall be open to the public, but shall be used only by the members of the respective organization or association licensed and shall be maintained in the building principally used by the licensee.

(Ord. 283, passed 4-11-1985)

Application for a license under the provisions of § 10-5-4(B) of this chapter shall be made to the Chief of Police in writing and shall set forth facts which the applicant contends entitle it to a license thereunder. Said application shall be verified. Said license shall be valid only for the city fiscal year and shall be issued originally or renewed annually upon application to the Chief of Police without action by the Council unless a written objection to the issuance of the license has been filed with the Chief of Police or he or she recommends denial of the license, in which event the application shall be referred by him or her to the Council for action in accordance with the provisions of § 10-5-6 of this chapter.

(Ord. 283, passed 4-11-1985)

An application or license under the provisions of § 10-5-4(B) of this chapter may be denied, suspended or revoked by the Council upon proof to its satisfaction of a violation of any law by the applicant or licensee, or upon a determination by the Council that the applicant or licensee does not meet the requirements of § 10-5-4(B) of this chapter, or upon a determination by the Council that the conduct of the particular game room would be or is inimical to the public health, morals, safety, peace or general welfare. If a license is revoked, no new license shall be issued to the licensee for a period of one year subsequent to the revocation. No license shall be denied, suspended or revoked until after a hearing has been held by the City Council, notice of which shall be given in writing by the Chief of Police at least ten days prior to the date of the hearing by depositing the notice with postage fully prepaid thereon in the mail, addressed to the applicant or licensee at the address appearing on its application or license.

(Ord. 283, passed 4-11-1985)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding the sum of $300 or by imprisonment in the county jail not exceeding 180 days, or by both such fine and imprisonment.

(Ord. 283, passed 4-11-1985)