Martinez Municipal Code Ch. 5.48 Cardrooms

As used in this Chapter, "cardroom" means any room, enclosure or space furnished with a table used or intended to be used as a card table for playing cards and similar games, the use of which table is available to the public or any portion of the public.

(Prior code § 6500)

No person, for himself or for any other person, shall maintain a cardroom without first having obtained a cardroom license.

(Prior code § 6501)

An applicant for a cardroom license shall submit his application under oath to the Chief of Police. The application shall include:

A. The true names and addresses of the applicant and of all persons financially interested in the business. Persons financially interested shall include all persons who share in the profits of the business in any form;

B. The criminal record, if any, of the applicant;

C. Fingerprints and photographs of the applicant and of all persons financially interested in the business;

D. Any other information required by the Chief of Police;

E. An application fee of $5,000.00 payable to City Finance Officer.

(Prior code § 6502; Ord. 881 C.S. § 1, 1978)

Upon application for a cardroom license, the Chief of Police shall investigate the applicant. After completing the investigation, the Chief of Police shall submit his report to the City Council. The report shall include an itemization of the costs of investigation and a recommendation for approval or disapproval of the application, with reasons. If the City Council disapproves the application, but not otherwise, the application fee, less costs of investigation, shall be returned to the applicant.

(Prior code § 6503)

The City Council may deny the application for a cardroom license on any of the following grounds:

A. That the applicant or any person financially interested in the business has been convicted of a felony;

B. That, in the opinion of the City Council, the applicant or any person financially interested in the business is not of good moral character;

C. That the proposed cardroom is near a school, playground or place of business frequented by minors.

(Prior code § 6504)

Upon approval of the application for a cardroom license, the Chief of Police shall issue a certificate of license suitable for display. The licensee shall display this certificate prominently in the cardroom during all times that the license is unsuspended and unrevoked.

(Prior code § 6505)

If the City Council approves the application for a cardroom license, the applicant shall pay an annual license fee of $250.00 per card table.

(Prior code § 6506; Ord. 881 C.S. § 2, 1978)

No person shall work as a cardroom employee without first having obtained a work permit from the Chief of Police, nor shall any person who maintains a cardroom employ any person as a cardroom employee who does not possess a valid work permit. For the purposes of this Chapter, a "cardroom employee" is a dealer or any other person directly connected with the operation and supervision of card tables, but not a bartender, culinary worker or any other person not directly connected with the cardroom operation.

(Prior code § 6507)

An applicant for a cardroom work permit shall submit his application, under oath, to the Chief of Police. The application shall include:

A. The criminal record, if any, of the applicant;

B. Fingerprints and a photograph of the applicant;

C. Any other information that the Chief of Police may deem necessary to determine whether a work permit shall be issued;

D. A permit fee of $25.00 which shall be returned to the applicant if his application is denied, less the expense of conducting an investigation of the applicant;

E. An approved work permit need be renewed annually from the anniversary date of its issuance, accompanied by the payment of a fee of $25.00 with each subsequent renewal. (See sub-Section D. if application denied.)

(Prior code § 6508; Ord. 881 C.S. § 3, 1978)

The Chief of Police may deny the application for a work permit on either of the following grounds:

A. That the applicant has previously been convicted of a felony;

B. That, in the opinion of the Chief of Police, the applicant is not a person of good moral character.

(Prior code § 6509)

If the Chief of Police denies an application for a work permit, the applicant may appeal from the Chief of Police's decision to the City Council by filing a notice of appeal with the Council within 10 days after denial of the application. The Council shall provide for a hearing on the application and shall give the applicant at least 5 days' written notice of the time and place of hearing. After the hearing, the Council may deny the application on either of the grounds specified in Section 5.48.100.

(Prior code § 6510)

A. The City Council may suspend or revoke a cardroom license on any of the grounds specified in Section 5.48.050 or on the ground that the licensee has violated a provision of this Chapter.

B. The Chief of Police may suspend or revoke a work permit on either of the grounds specified in Section 5.48.100 or on the ground that the permittee has violated a provision of this Chapter, but this action is subject to the appeal provisions of Section 5.48.110.

(Prior code § 6511)

A. No cardroom work permit shall be assignable or transferable;

B. A cardroom license in effect on June 1, 1978 may be transferable under the following terms and conditions:

1. To a remaining partner upon the death or withdrawal of a partner, provided, however, for the remaining partner or partners to use said license, said remaining partner or partners must qualify in the same manner as required of the licensee.

2. To a surviving spouse or the estate of the deceased licensee for the purpose of transfer to a qualified licensee in accordance with the provisions stated above.

3. To the assignee or transferee of an active licensee, provided, however, any such assignee or transferee shall be required to apply and qualify under the terms and conditions of this ordinance.

4. The assignee or transferee shall pay the same of $5,000 upon approval of the transfer.

(Ord. 881 C.S. § 4, 1978)

No person shall maintain a cardroom in violation of any of the following regulations:

A. Not more than 1 cardroom shall be located at 1 address;

B. Neither the licensee nor his employees shall extend credit to any player, nor accept promissory notes, nor offer to or cash checks as a service to players within the cardroom enclosure;

C. No game prohibited by State law shall be permitted in any licensed cardroom;

D. Not more than 4 tables shall be permitted in any cardroom;

E. Not more than 8 players shall be permitted at 1 card table;

F. Cardrooms shall be located on the ground floor and so arranged that card tables and players at the tables are plainly visible from the front door openings;

G. No minor shall be permitted at any card table, particularly in any game, or remain in a cardroom;

H. All cardrooms shall be closed at 2:00 a.m. and shall remain closed until 8:00 a.m., except that on Saturday mornings and Sunday mornings such cardrooms may remain open from 2:00 a.m. to 8:00 a.m.;

I. Cardrooms shall be open to police inspection during all hours of operation;

J. Only table stakes shall be permitted;

K. Each card table shall have assigned to it a person holding a valid cardroom permit. This person shall supervise the game strictly in accordance with the laws of the State and the provisions of this Chapter;

L. No intoxicated person shall be permitted in a cardroom;

M. The licensee shall post in every cardroom, in letters plainly visible throughout the room, signs stating so many of these regulations as the Chief of Police may require;

N. There shall be only 1 cardroom for each 10,000 inhabitants in the City.

(Prior code § 6513; Ord. 811 C.S. § 1, 1975)

Any nonprofit society, club, fraternity, labor or other organization having adopted bylaws and duly elected directors and members may be excluded from compliance with this Chapter by applying to the City Council, if the Council finds that the tables are for the exclusive use of members of the organization and that no charge is made for the use of the cardroom facilities.

(Prior code § 6514)

This Chapter shall not be construed to permit the licensing of any cardroom for the playing of any game prohibited by the laws of the State.

(Prior code § 6515)