Mendota Municipal Code Ch. 5.24 Cardrooms

For the purposes of this chapter, a "cardroom" means any space, room or enclosure, furnished and equipped with a table used, or intended to be used, as a card table for the playing of cards and similar games, and the use of which is available to the public, or any portion of the public; provided, however, that this chapter does not apply to any bona fide nonprofit society, club, fraternal, labor or other organization, as defined in Section 5.24.080.

(Prior code § 4.09.002)

It is unlawful for any person, for himself or for any other person, firm or corporation, to engage in or carry on or to maintain or conduct or cause to be engaged in, carried on, maintained or conducted, any cardroom in the city without first having secured a license from the said city to do so, and without complying with each and every regulation contained in this chapter pertaining to such a cardroom.

(Prior code § 4.09.001)

A. The city clerk shall provide to interested persons an application form for a cardroom license. An applicant for a cardroom license shall fill out said form, under oath, and submit it to the city clerk. The application form shall require such information as the city clerk reasonably deems necessary, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The term "persons financially interested" shall include all persons who share in the profits of the business on the basis of gross or net revenue. The past felony criminal record, if any, of the applicant and of all persons financially interested in the business shall be shown on such application. The application shall also be accompanied by fingerprints of the applicant and of persons financially interested in the business. A license may be issued only to citizens of the United States who have resided in the city for at least one year immediately preceding the issuance of such license.

B. The city clerk shall promptly notify the chief of police of any application received, and investigation of the application shall be the primary responsibility of the chief of police. The city clerk may make such investigation as he or she deems necessary.

C. No license shall be issued to any person when that person or any person financially interested in the business has been previously convicted of a felony or of any narcotics violation.

D. No license shall be issued if in the opinion of the chief of police the applicant or any person financially interested in the business is not of good moral character.

E. When the city clerk has received the completed forms, fingerprint cards and fees, then within thirty (30) days the city clerk must notify the applicant whether the license is granted or denied. The city clerk must notify the applicant by mailing him such notice addressed to him at the address given by him on the application form. If the license is denied, the city clerk must state in the said notice the ground for denying the license.

F. The action of the city clerk in denying a license on the basis that the applicant or any person financially interested in the business is not of good moral character, as determined by the chief of police, shall be subject to an appeal by the applicant or any person financially interested in the business, to a board of appeals of three councilmen appointed by the mayor. Written notice of such appeal shall be filed with the city clerk within ten days from the date the city clerk mailed to the applicant the notice denying the license. If no notice of appeal is filed within the said ten days, the action of the city clerk in denying such license shall be final and conclusive.

G. The application for a cardroom license shall be accompanied by the license fee, which shall not be returned in the event said license is denied, or revoked or suspended as provided in this chapter. The license fee shall be eight hundred eighty dollars ($880.00) per year, payable in advance on the first day of July of each year. All licenses shall be renewed on July 1st of each year. The license fee shall not be prorated. An applicant in any calendar month must pay the full eight hundred eighty dollars ($880.00) fee and license issued, if any, shall expire on the next June 30th following its issuance.

(Prior code § 4.09.003)

A cardroom license is transferable only upon the approval by the city council. The proposed transferee of the cardroom license shall fill out the same forms required of a new licensee pursuant to Section 5.24.030, and he shall thereafter apply together with the proposed transferor to the city council for transfer of the said license.

(Prior code § 4.09.004)

A. All cardroom employees must obtain a work permit from the city clerk. Cardroom employees for the purpose of this chapter are defined as dealers, overseers and others directly connected with the supervision of the card tables, and excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervision. However, waitresses, bartenders, culinary workers and other workers and employees who have not obtained a work permit are to stay away from all card tables, unless serving refreshments. Applications for such work permits shall be submitted in person by the applicant, and under oath, and on a form furnished by the city clerk. The application shall require such information as the city clerk reasonably deems necessary, and shall include, among other things, the true name and address of the applicant and contain the past felony criminal record, if any, of the applicant. The application shall also be accompanied by fingerprints of the applicant. A work permit shall be issued only to citizens of the United States.

B. No work permit shall be issued to anyone who has been convicted of a felony or of a narcotics violation.

C. No work permit shall be issued if in the opinion of the chief of police the applicant is not of good moral character.

D. When the city clerk has received the completed forms, fingerprints card and fees, then within thirty (30) days the city clerk must notify the applicant whether the work permit is granted or denied. The city clerk must notify the applicant by mailing him such notice addressed to him at the address given by him on the application form. If the work permit is denied, the city clerk must state in the said notice the ground for denying the work permit.

E. The action of the city clerk in denying a work permit on the basis that the applicant is not of good moral character, as determined by the chief of police, shall be subject to an appeal by the applicant to a board of appeals of three councilmen appointed by the mayor. Written notice of such appeal shall be filed with the city clerk within ten days from the date the city clerk mailed to the applicant the notice denying the work permit. If no notice of appeal is filed within the said ten days, the action of the city clerk in denying such work permit shall be final and conclusive.

F. Each application for a work permit shall be accompanied by a fee of fifty dollars ($50.00). This fee shall be an annual fee payable in advance on the first day of July of each year. All work permits shall be renewed on July 1st of each year. The work permit shall not be prorated. An applicant in any calendar month must pay the full fifty-dollar ($50.00) fee and the work permit issued, if any, shall expire on the next June 30th following its issuance. A permit not renewed within ten days of its expiration is invalid.

G. The work permit shall state on its face the location of the cardroom where the work permit shall be valid. The work permit shall not be valid for any other cardroom. No more than one permit shall be issued to any person at any one time. If a cardroom employee wishes to work in a different location than the location indicated on his work permit, he must surrender his work permit and have a new work permit issued for the new location where he desires to work. Each application to transfer the work permit from one cardroom to another shall be made in writing on forms furnished by the city clerk and accompanied by a fifty-dollar ($50.00) fee. The city clerk must notify the cardroom employee of the granting or denial of the transfer in the same manner as when a new application is made, and the same rules on appeal shall apply.

(Prior code § 4.09.005)

A. The chief of police of the city shall have the right, for cause, to revoke or suspend, and to take possession of, any cardroom license or cardroom work permit issued under this chapter. The ground for revocation or suspension of any cardroom license or cardroom work permit are any of the following:

1. Conviction of a felony after a license or work permit has been issued;

2. Conviction of a narcotics violation after a license or work permit has been issued; or

3. The failure of the licensee or permittee to comply with the provisions of this chapter.

B. In addition to the above-stated grounds, the chief of police may revoke or suspend any cardroom license or cardroom work permit when in his opinion that licensee or permittee has become a person of not good moral character. Upon revoking or suspending any cardroom license or cardroom work permit, the chief of police shall immediately notify the said licensee or permittee in writing by mail addressed to him at the address given by him to the city clerk, of the ground or grounds upon which the said license or permit has been revoked or suspended. If the license or permit has been suspended, the notice must include the terms of the suspension. The action of the chief of police in revocation or suspension of a license or a permit shall be subject to an appeal to a board of appeals of three councilmen appointed by the mayor. Written notice of such appeal shall be filed with the city clerk within ten days from the date the chief of police mailed the said notice to the licensee or permittee. If no such notice of appeal is filed within the said ten days, the action of the chief of police in revoking or suspending such license or permit shall be final and conclusive.

(Prior code § 4.09.006)

A work permit under this chapter shall not be assignable or transferable from one person to another.

(Prior code § 4.09.007)

A cardroom licensee shall not be required to obtain a work permit as a cardroom employee so long as he confines his dealing, overseeing and supervision of the card tables to the premises on which he holds a valid cardroom license.

(Prior code § 4.09.008)

It is unlawful for a cardroom license holder or a cardroom work permit holder to operate a cardroom in violation of any of the following rules and regulations:

A. Not more than one cardroom shall be located at any one address.

B. No game prohibited by the laws of the state of California shall be played in any cardroom.

C. Not more than two tables shall be permitted in any cardroom.

D. Not more than seven players shall be permitted in any one card table.

E. No minor shall be permitted in any cardroom.

F. All cardrooms which serve alcoholic beverages or allow alcoholic beverages to be consumed on the premises shall close at one thirty a.m. and shall remain closed until six a.m. Cardrooms which serve no alcoholic beverages or allow no alcoholic beverages to be consumed on the premises between the hours of one thirty a.m. to six a.m., and maintain a professional security guard during these hours acceptable to the chief of police, may operate between the hours of one thirty a.m. to six a.m. Any violation of these conditions shall result in the loss of the privilege of operation from the hours of one thirty a.m. to six a.m.

G. All cardrooms shall be opened to police inspection during all hours of operation.

H. Each card table shall have assigned to it a person whose duty is to supervise the game and to see to it that it is played fairly, and strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the state of California. This person may have more than one table under his supervision.

I. There shall be posted in every cardroom, in letters plainly visible from all parts thereof, a sign stating the hours the cardroom is open, a statement of the charges and a statement that no intoxicated person may play.

J. No advertising of cardrooms, or solicitation of persons to play in cardrooms shall be permitted. However, it is permissible to display on the exterior of premises which contain a cardroom a sign stating that there is a cardroom within, together with the name of the cardroom.

K. No person who is in a state of intoxication shall be permitted to play in any card game.

(Prior code § 4.09.009)

A bona fide nonprofit, society, club, fraternal, labor or other similar type organization is excluded from the requirements of this chapter, providing that the card tables and games are for the exclusive use of members and their guests, and that no charge is made for any of these facilities, and that no charge for the privilege of playing is made.

(Prior code § 4.09.010)

The council of the city declares that it is not the intention of this chapter to permit the licensing of any cardroom for the playing of any game prohibited by the laws of the state of California, including, but not limited to, those games enumerated in Section 330 of the Penal Code.

(Prior code § 4.09.011)