McFarland Municipal Code Ch. 5.20 Card Rooms

As used in this chapter, the following words are defined as follows:

A. "City" means the city of McFarland.

B. "Person" means any and all domestic and foreign corporations, associations, syndicates, joint stock companies, partnerships of every kind, Massachusetts, business or common law trusts and individuals.

(Ord. 14 §1, 1957)

It shall be unlawful for any person to operate, conduct or maintain or cause to be so operated, conducted or maintained any place, business or establishment in the city where any kind of game is played with cards without first obtaining a license therefor as provided in this chapter.

(Ord. 14 §2, 1957)

Application for any license required by this chapter shall made to the city council and shall contain the following information:

A. Name of the applicant;

B. Address of the applicant and address of the place proposed to be licensed under this chapter;

C. Length of residence of the applicant in the city;

D. Such other information as may be deemed necessary by the city council to properly determine the applicant's eligibility for a license under this chapter.

(Ord. 19 §1(part), 1958; Ord. 14 §3, 1957)

A. No license shall be issued to any person under the age of twenty-one years or to any person convicted of a felony in any state of the United States or to any person not of good moral character or to any person who has resided in the city less than one year. Provided, however, that the city council at a regular meeting may waive the residence requirement upon such terms and conditions as may be determined by the city council not otherwise inconsistent with this chapter.

B. No license shall be issued to any applicant to own or operate a gaming club, as such is defined in Section 19802 of the Business and Professions Code of the state, unless that person possesses a valid registration from the Attorney General of the state pursuant to Section 19805 of the Business and Professions Code of the state.

(Ord. 210 §4, 1987: Ord. 14 §4, 1957)

All applicants for licenses under this chapter shall furnish the city council with copies of the fingerprints of both hands of every person proposed to be employed by the applicant, should the license be granted. The applicant shall also be fingerprinted.

(Ord. 19 §1(part), 1958; Ord. 14 §5, 1957)

All persons employed by any person holding a license issued under this chapter shall meet the requirements imposed under this chapter on applicants with the exception of the residency requirements.

(Ord. 65 §1, 1962: Ord. 14 §6, 1957)

If the city council is satisfied that the applicant meets all requirements of this chapter and will maintain an orderly and reputable place of business, the city council shall issue a license to the person upon payment of the license fees provided for in this chapter. Any license so issued is purely permissive and such license shall not grant the licensee any fixed interest or property rights therein and such license shall be revocable at any time by the city council, and the city council may, in its discretion, limit, reject, refuse, take up or fail to issue a license to any applicant at any time, if in the city council's judgment it appears to be in the best interest of the public health, safety and morals of the people of the city that such action should be so taken.

(Ord. 19 §§1, 2, 1958; Ord. 14 §7, 1957)

The license fee for any license issued under this chapter shall be the sum of five hundred dollars per year, payable in advance, together with the additional license fee for each and every table in the sum of twenty-five dollars per calendar quarter, or any part thereof without proration. The license for each and every table shall be separately and distinctly designated by number and shall not be transferable to any other table.

(Ord. 19 §3, 1958; Ord. 14 §8, 1957)

The year for the purpose of any license under this chapter shall be the fiscal year July 1st to June 30th and the license fees shall not be prorated for any part of the year.

(Ord. 14 §9, 1957)

The license provided in this chapter shall not be assignable or transferable and shall terminate upon the death of the licensee.

(Ord. 14 §10, 1957)

The license provided in this chapter may be removed from one location to another within the city provided that written permission therefor be first obtained from the city council.

(Ord. 19 §1(part), 1958; Ord. 14 §11, 1957)

It shall be unlawful for any person to maintain or cause to be operated, conducted or maintained, any card table after notice of revocation of such license.

(Ord. 14 §12, 1957)

Each day that any provision of this chapter is violated is a separate and distinct offense and shall be punishable as a separate and distinct offense.

(Ord. 14 §13, 1957)

The license provided in this chapter shall be used only at one address or contiguous place of business and never at two separate and disconnected locations.

(Ord. 14 §14, 1957)

It shall be unlawful for any person licensed under this chapter to permit any individual under the age of twenty-one years to play at any card table in the licensed premises or to be present in any licensed premises.

(Ord. 14 §15, 1957)

Every licensee shall post in two conspicuous places in the licensed premises the rules and regulations governing the conduct of all games in the premises.

(Ord. 14 §16, 1957)

If a license issued pursuant to this chapter is allowed to lapse or expire for a period of over thirty days, the licensee must submit a new application as required by Section 5.20.030.

(Ord. 83 §1, 1964: Ord. 14 §21, 1957)

Any person violating this chapter or any provision hereof shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a term not exceeding three months, or by both such fine and imprisonment.

(Ord. 14 §18, 1957)