Los Banos Municipal Code Ch. 10 Card Rooms

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

"Card room"

shall mean any space, room, or enclosure furnished or equipped with a table used, or intended to be used, as a card table for the playing of cards and similar games, the use of which card room is available to the public, or any portion of the public.

"Card room employees"

shall mean dealers, overseers, and others directly connected with the operation and supervision of the card tables but excluding waitresses, bartenders, culinary workers, and others not connected with such operation and supervision.

(§§ 2 and 4, Ord. 349, as amended by § 12, Ord. 1161, eff. February 17, 2018)

It is unlawful for any person, for him or herself, or for any other person, firm, or corporation, to engage in, carry on, maintain, or conduct, or cause to be engaged in, carried on, maintained, or conducted, any card room in the City without first having secured a license so to do in accordance with the provisions of this chapter or without complying with the provisions of this chapter.

(§ 1, Ord. 349, as amended by § 12, Ord. 1161, eff. February 17, 2018)

An applicant for a card room license shall submit his or her application to the Chief of Police. The application shall be submitted under oath and shall include, among other things, the true names and addresses of all persons financially interested in the business and the past criminal record, if any, of the applicant and of all persons financially interested in the business. The application shall be accompanied by the fingerprints of the applicant and of all persons financially interested in the business.

For the purposes of this section, "persons financially interested" shall include all persons who share in the profits of the business on the basis of gross or net revenue.

(§ 3, Ord. 349, as amended by § 12, Ord. 1161, eff. February 17, 2018)

The application for a card room license shall be accompanied by a fee of One Hundred and No/100ths ($100.00) Dollars which shall not be returned in the event the license applied for is refused, revoked, or suspended.

(§ 3, Ord. 349, as amended by § 12, Ord. 1161, eff. February 17, 2018)

Card room licenses may be issued only to citizens of the United States who have resided in the County for at least two years immediately preceding the issuance of such licenses, except for operators of card rooms in operation on June 17, 1964.

(§ 3, Ord. 349, as amended by § 12, Ord. 1161, eff. February 17, 2018)

(a) Criteria. The Chief of Police may deny any applicant a license to operate a card room if:

(1) The applicant has previously been convicted of a felony; or

(2) The applicant has previously been convicted of a narcotics violation; or

(3) The applicant is not, in the opinion of the Chief of Police, a person of good moral character.

(b) Appeals. The action of the Chief of Police in denying a card room license on the basis of the applicant not having qualified shall be subject to an appeal to a Board of Appeals consisting of three Council members appointed by the Mayor. Notice of such appeal shall be filed with the City Clerk within 10 days after the denial of the license. Upon failure to file such notice within the 10 day period, the action of the Chief of Police in denying such license shall be final and conclusive.

(§ 3, Ord. 349, as amended by § 1, Ord. 507, eff. August 21, 1974, and § 12, Ord. 1161, eff. February 17, 2018)

Card room licenses shall be renewed on the first day of each calendar year after they are issued. The fee for renewal shall be One Hundred and No/100ths ($100.00) Dollars.

(§ 3, Ord. 349, as amended by § 12, Ord. 1161, eff. February 17, 2018)

No person shall be granted a license to conduct more than one card room. No card room license shall be assignable or transferable as to either ownership or location.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 6, Ord. 349)

Card room employees, as defined in subsection (b) of Section 11-10.01 of this chapter, shall obtain work permits from the Chief of Police.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349)

Applications for the employee work permits required by the provisions of Section 11-10.09 of this chapter shall be submitted under oath and shall contain the past criminal record, if any, of the applicant and such information as may be deemed necessary by the Chief of Police to determine whether the applicant is a proper person to be issued a card room work permit. The application shall be accompanied by the fingerprints of the applicant.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349)

Each application for a card room employee work permit shall be accompanied by a fee of Twenty-Five and No/100ths ($25.00) Dollars, which shall not be returned in the event the work permit applied for is refused, revoked, or suspended.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349)

Card room employee work permits shall be issued only to citizens of the United States who have resided in the County for at least one year immediately preceding the issuance of such work permits, except for employees regularly employed on June 17, 1964.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349)

(a) Criteria. The Chief of Police may deny any applicant a card room employee work permit if:

(1) The applicant has previously been convicted of a felony; or

(2) The applicant has previously been convicted of a narcotics violation; or

(3) The applicant is not, in the opinion of the Chief of Police, a person of good moral character.

(b) Appeals. The action of the Chief of Police in denying a card room employee work permit on the basis of the applicant not having qualified shall be subject to an appeal to a Board of Appeals consisting of three Council members appointed by the Mayor. Notice of such appeal shall be filed with the City Clerk within 10 days after the denial of the work permit. Upon failure to file such notice within the 10 day period, the action of the Chief of Police in denying such work permit shall be final and conclusive.

(And § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349, as amended by § 2, Ord. 507, eff. August 21, 1974)

Card room employee work permits shall be valid for the remainder of the calendar year in which they are issued. They shall be renewed on the first day of each calendar year after they are issued. The fee for renewal shall be Twenty-Five and No/100ths ($25.00) Dollars.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349)

Only one card room employee work permit shall be required each year even though the permittee may change his or her place of employment within the City.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 4, Ord. 349)

(a) Criteria. The Chief of Police shall have the right for cause to suspend or revoke any card room license or card room employee work permit issued pursuant to the provisions of this chapter and to take possession of such permits. Any of the grounds upon which the Chief of Police shall refuse to issue an initial card room license or card room employee work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of such licensee or permittee to comply with the provisions of this chapter shall constitute grounds for the revocation or suspension of such license or work permit.

(b) Appeals. Such action of the Chief of Police shall be subject to an appeal to a Board of Appeals consisting of three Council members appointed by the Mayor. Notice of such appeal shall be filed with the City Clerk within 10 days after such revocation or suspension. Upon failure to file such notice within the 10 day period, the action of the Chief of Police in revoking or suspending the license or work permit shall be final and conclusive.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 5, Ord. 349)

It is unlawful for any person to operate a card room in violation of any of the following rules and regulations:

(a) Not more than one card room shall be located at any one address.

(b) No game prohibited by the laws of the State shall be played in any card room.

(c) Not more than six tables shall be permitted in any card room.

(d) Not more than seven players shall be permitted at any one card table.

(e) No minor shall be permitted in any card room.

(f) All card rooms shall be closed at 2:00 a.m. and shall remain closed until 10:00 a.m.

(g) All card rooms shall be open to police inspection during all hours of operation.

(h) Each card table shall have assigned to it a person whose duty it shall be to supervise the game and to ascertain that the game is played strictly in accordance with the provisions of this chapter and the provisions of the Penal Code of the State. Such person may have more than one table under his or her supervision.

(i) No signs or other insignia advertising or relative to card rooms shall be permitted upon the exterior of any premises occupied as a card room.

(j) There shall be posted in every card room, in letters plainly visible from all parts thereof, signs stating that no game prohibited by the laws of the State shall be played in the card room. Such signs shall also contain such other information relating to the provisions of this section as the Chief of Police may require.

(k) No person who is in a state of intoxication shall be permitted in any card room.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 7, Ord. 349)

A nonprofit society, club, fraternal, labor, or other organization having adopted bylaws and duly elected directors and members may be granted a card room permit without a fee by the Chief of Police when it appears that the card tables are for the exclusive use of members and guests of the society, club, fraternal, labor, or other organization and no charge is made for any of the facilities.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 8, Ord. 349)

The Council hereby declares that it is not the intention of this chapter to permit the licensing of any card room for the playing of any game prohibited by the laws of the State, including, but not limited to, those games enumerated in Section 330 of the Penal Code of the State, which Section 330 includes banking and percentage games.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 9, Ord. 349)

Any person, firm, society, club, or organization violating any of the terms, requirements, regulations, or provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(As amended by § 12, Ord. 1161, eff. February 17, 2018; § 10, Ord. 349)