Merced Municipal Code Ch. 9.08 Gaming

A. Every person who deals, plays or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of twenty-six, for money, checks, credit or other representative of value, and every person who deals, plays or bets at or against any such prohibited game is guilty of a misdemeanor.

B. Every person who knowingly permits any game of twenty-six to be played, conducted or dealt in any house owned or rented by such person, in whole or in part shall be guilty of a misdemeanor.

C. Any owner of a business wherein card tables or cards are furnished to the public for the purpose of playing games of cards thereon or therewith, and which business is licensed in the city under the provisions of Chapter 5 of this Code, or any employee of such owner, who deals, plays or bets at or against any game of twenty-six played in the place of business of such owner so licensed as herein referred to, is guilty of a misdemeanor.

D. Any person who deals, plays or bets at or against any game of twenty-six conducted in any such place of business, who shall in any manner be financed by the owner of such place of business in the playing of any such game, or who shall in any manner share with the owner of such place of business any gains or losses incurred in the playing of any such game in such place of business, is an employee of the owner of such place of business within the meaning of this section.

(Prior code § 17.12).

A. Cardrooms in the City of Merced may only be located in areas zoned as follows:

1. Central Commercial (C-C);

2. Commercial Thoroughfare (C-T);

3. General Commercial (C-G).

B. It is unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any person, either as principal, agent, employee, or otherwise, to play, conduct, or deal any game of cards in any cardroom, or in any other public place or place resorted to generally by the public, between the hours of two a.m. and six a.m. of any day, except that any duly-licensed cardroom operating in a Commercial Thoroughfare (C-T) zone or Central Commercial (C-C) zone is permitted to operate twenty-four (24) hours per day.

C. Any person operating a cardroom shall be responsible and liable for patron security and safety in and around the gaming establishment. Security guards shall be provided in such number and at such times as directed by the chief of police, or as may otherwise be required by conditional use permit.

D. As of April 18, 2016, there are two cardrooms authorized to operate within the City of Merced, each of which may operate four (4) card tables. There shall be no increase in the existing number of cardrooms without the approval of a majority of the voters of the city.

E. The City of Merced hereby increases the number of authorized card tables to be operated within the city from eight (8) card tables to twelve (12) card tables. There shall be no increase in the number of card tables to be operated beyond twelve (12) card tables without the approval of a majority of the voters of the city.

F. In order for a cardroom to increase the number of card tables to be operated from the four (4) card tables that existed as of April 18, 2016, the operator must first obtain a conditional use permit to operate additional card tables. A cardroom operator may apply for up to two (2) additional card tables subject to the overall limit of twelve (12) card tables to be operated within the city; provided, however, that under no circumstances shall a cardroom have more than six (6) card tables in operation at any one time. All card tables not in operation shall be completely covered and shall display a sign on the table, with not less than six (6") inch lettering, stating that 'This table is not in operation.' The cover and sign shall be approved in advance by the city.

G. As of the date of the final adoption of this ordinance, Conditional Use Permit #1216 approved by Resolution #3077 on February 22, 2017 related to the 'Merced Poker Room,' and Conditional Use Permit #1219, approved by Resolution #3079 on February 22, 2017, related to the 'Poker Flats Casino AKA Golden Valley Casino,' are hereby amended to allow a maximum of six (6) card tables to be operated per cardroom in accordance with this ordinance and state law. All other conditions of Conditional Use Permit #1216, Resolution #3077 and Conditional Use Permit #1219, Resolution #3079 remain in full force and effect, except that if there are any conflicts between said Conditional Use Permits and this ordinance, the provisions of this ordinance control.

H. If a cardroom operator obtains a conditional use permit to operate additional card tables, the new card tables must be added within one (1) year from the date of approval of the conditional use permit. Otherwise, the right to add the additional card tables shall automatically expire and the number of card tables allowed in that cardroom shall revert back to the number of card tables that existed prior to the approval of the conditional use permit.

I. There shall be a no-limits wager amount in a cardroom located within the city. The rules of each game and wagering limits shall be clearly posted at the gaming tables where the games are offered to provide the patrons adequate notice of such rules and limits.

(Ord. 2297 § 1, 2007: Ord. 2087 § 1, 2002: Ord. 2005 § 1, 1998: Ord. 1508 § 2, 1983: prior code § 17.13).

(Ord. No. 2457, § 1, 5-2-2016; Ord. No. 2503, § 1, 10-7-2019)

Editor's note— Ord. No. 2457, § 1, adopted May 2, 2016, changed the title of § 9.08.020 from "Cards" to read as set out herein.

It is unlawful for any person within the limits of the city to exhibit or expose to view, to have in his possession or under his control in any barred or barricaded house or room or in any place built or protected in any manner to make access or ingress difficult to police officers when three or more persons are present, any faro box, any roulette or fantan table or layout, or any part of such layout, or any other gambling device or lottery paraphernalia.

(Prior code § 17.14).

It is unlawful for any person to visit or resort to any barred or barricaded house or room or other place built or protected in a manner to make access or ingress difficult to police officers where any gambling device or lottery paraphernalia are exhibited or exposed to view when three or more persons are present, as prohibited by Section 9.08.030.

(Prior code § 17.15).

A. Every person who deals, plays or carries on, opens or causes to be opened, or who conducts either as owner or employee, whether for hire or not, any game of keno, and any and every person who plays or bets at or against such game, is guilty of a misdemeanor.

B. Every person who knowingly permits the game of keno to be played, conducted, carried on or dealt in any house owned or rented by such person in whole or in part is guilty of a misdemeanor.

(Prior code § 17.16).

It is unlawful for any person under the age of twenty-one years to play or loiter about any gambling house, bar, saloon, or any place where malt or vinous liquors are sold or dispensed, or about any house of ill fame.

(Ord. 2087 § 2, 2002: prior code § 17.20).

A. "Gambling enterprise employee" means any natural person employed in the operation of a gambling enterprise, including, without limitation, dealers, floor men, security employees, countroom personnel, cage personnel, collection personnel, surveillance personnel, data processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to restricted gambling establishment areas.

B. "Gambling enterprise" means the business of any person, entity, trust, joint venture, association, club, group, partnership, corporation, or any other business organization that provides a place for, conducts, or sponsors controlled gambling within the city.

C. "Controlled gambling" means to deal, operate, carry on, conduct, maintain; or expose for play any controlled game.

D. "Controlled game" means any game of chance, including any gambling device, played for currency, check, credit, or any other thing of value that is not prohibited and made unlawful by statute or local ordinance. "Controlled game" does not include any of the following:

1. The game of bingo conducted pursuant to Section 326.5 of the Penal Code of the State of California.

2. Parimutuel racing on horse races regulated by the California Horse Racing Board.

3. Any lottery game conducted by the California State Lottery.

4. Games played with cards in private homes or residences, in which no person makes money for operating the game, except as a player.

A person shall not be employed as a gambling enterprise employee, or serve as an independent agent, unless he or she is exempted by state law or is the holder of a valid work permit issued by the California Gambling Control Commission.

(Ord. 2087 § 3, 2002).