Monterey County Municipal Code Ch. 11.24 Card Rooms

This Chapter may be cited as the Monterey County Card Room Ordinance.

(Ord. 3150, 1986; Ord. 1172, 1961)

It is the purpose and intent of this Chapter to provide the orderly regulation of card rooms existing within the control of the institutions and locales which house such card rooms in the unincorporated areas of the County of Monterey so as to inhibit organized crime and other violations of law within the County of Monterey.

(Ord. 3150, 1986)

As used in this Article, the following words, phrases, or terms shall have the meaning set forth in this Section.

A. "Card game" means any game played with cards at which wagering or gambling on outcome is conducted, engaged in, allowed, permitted or suffered. Card games include five-card draw poker, including five-card low ball draw poker, Texas Hold'em, Pai Gow and panguingue, but excludes any card game, the playing of which is forbidden by the State of California.

B. "Card room" means any building or structure, or portion thereof, or any premises furnished or equipped with one or more tables used for the playing of card games or similar games wherein, in return for any fee, charge, or thing of value or other compensation, one or more persons are permitted to play such games.

"Employee" shall mean every person, either as agent, employee, or otherwise of the owner, as owner, or under the direction of the owner of any card club.

"House player" means any person, including an employee, engaged, financed, or paid by the permittee for the purpose of starting and/or maintaining a sufficient number of players in a card game.

"Owner" means every person, firm, association, partnership, corporation, or other entity having any interest, legal or equitable, in any card room or card club license.

(Ord. 4035, 1999; Ord. 3150, 1986)

An applicant for a card room license or a renewal of an existing license shall submit an application to the Sheriff on forms provided by the Sheriff. The application shall include the following:

A. The date of the application;

B. The true name of the applicant;

C. The status of the applicant as being an individual, firm association, co-partnership, joint venture or corporation;

D. Full and complete description of the applicant, including age, sex, height, weight, color of hair and eyes. If the applicant is an individual, the residence and business address of the applicant;

E. If the applicant is other than an individual, the name, residence and business address of each of the co-partners or members of the firm, co-partnership or joint venture, and the name, residence and business address of:

1. Each of the principal officers and directors of the association or corporate applicant, and

2. Each shareholder thereof;

F. Four photographs in duplicate of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which photographs shall be two inches by two inches, showing head and shoulders of the applicant in a clear and distinguishing manner. The application shall also be accompanied by specimen fingerprints of every applicant to be submitted on the standard fingerprint cards used by the Sheriff identification bureau.

G. The location of the business for which the license is sought;

H. The type and nature of the game or games proposed to be played;

I. The number of tables or other units to be placed, employed, or used;

J. A description of the building in which the business proposed to be permitted is to be housed, giving the dimensions;

K. A statement that such building conforms to all the laws of the State and the County for occupancies of the nature proposed;

L. A statement that no intoxicating liquors or beverages are to be sold, given away, dispersed, consumed or permitted on the premises unless the premises are licensed for that purpose by the State Department of Alcoholic Beverage Control;

M. All criminal convictions within five years immediately preceding the filing of the application, of offenses related to:

1. The operation of a card room or similar establishment;

2. Any gambling offense;

3. Any narcotic offense;

4. Any felony; or

5. Any other crime involving moral turpitude.

N. A statement that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all laws of the State and the laws and regulations of the County of Monterey applicable thereto, and that any violation of any such laws or regulation in such place of business, or in connection therewith, shall render any license subject to immediate revocation.

O. Any application filed on behalf of a partnership shall be signed by shareholders having any interest more than twenty (20) percent and, for the purposes of this Chapter, each such partner or shareholder shall be deemed to be an applicant.

P. A plan for the physical security and safety of patrons in and around the cardroom that is satisfactory to the Sheriff.

(Ord. 3150, 1986; Ord. 4035, 1999)

Any bonafide nonprofit society, club, fraternity, or labor group shall be exempted from obtaining a card room license pursuant to this Chapter as long as the exempt organization complies with the Gambling Control Act (Business and Professional Code Sections 19800 et seq.) and all other State, Federal, and local laws.

(Ord. 4035, 1999)

Card room employees must obtain a work permit from the Sheriff.

A. For the purposes of this Section, card room employees are defined as dealers, overseers, and others directly connected with the operation and supervision of the card tables and excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervision.

B. Applications for such work permits shall be on forms provided by the Sheriff, shall be presented to the Sheriff at least ten (10) days prior to the commencement of employment, and shall include the following:

1. Be submitted under oath;

2. Contain a statement of the past criminal record of the applicant, if any;

3. Contain any such further information as may be deemed necessary by the Sheriff to determine whether the applicant is a proper person to be issued a card room work permit;

4. Be accompanied by a recent photograph and set of fingerprints of the applicant.

C. The Sheriff shall deny the application for a work permit if, as a result of his or her investigation, the Sheriff makes any of the following determinations:

1. The applicant has failed to provide information, documentation, or other assurances requested by the Sheriff, or has failed to reveal any fact material to qualification, or has supplied information that is untrue or misleading as to a material fact pertaining to the qualification criteria.

2. The applicant has been convicted of a felony.

3. The applicant has previously been convicted of any narcotics violation, violation of gambling

(Ord. 4035, 1999; Ord. 3347 § 1, 1988)

A. Upon receipt of the application provided for in Section 11.24.040, in duplicate, the original shall be referred to the Sheriff of the County of Monterey, who shall cause such investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public good.

1. The Sheriff shall investigate all applicants, and the Sheriff or authorized Sheriff personnel responsible for card room regulations are hereby authorized to obtain criminal history information for each person required to be named in the application.

2. The Sheriff or authorized Sheriff personnel shall investigate the place for which a card room license is requested, the area within which the card room is to be located, and the manner in which the card room is to be operated.

B. All property owners within three hundred (300) feet of any proposed card room shall be given notice in writing of an application. Within fifteen (15) days after receipt of such notice, any property owner or tenant within three hundred (300) feet of a proposed card room may protest to the Sheriff the proposed application for a card room stating the reasons therefor.

C. If, as a result of the investigation, the applicants character or business responsibility is found to be unsatisfactory, the Sheriff shall endorse on the application his or her disapproval and his or her reasons for same, and return the application to the applicant, with the notification that his or her application is disapproved and that no license will be issued.

D. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the Sheriff shall endorse on the application his or her approval and return the application to the applicant. Upon payment of the license fees prescribed by this Chapter, the Sheriff shall issue and deliver to the applicant a serially numbered license. The license shall contain the signature of the Sheriff, or deputy thereof, issuing the same, the name, address and photograph of the licensee, a description of the licensee, including age, sex, height, weight, and color of hair and eyes, and the name of the organization or entity which has applied for said licensee, the amount of the fee paid, the date of the issuance, and the length of time the same shall be operative. If the licensee is other than self-employed, the name and address, both permanent and temporary, of the firm, person, corporation or association by which he or she is employed, or which he or she represents shall also be listed on the license. The license shall also be signed by the licensee in ink. The Sheriff shall keep a record of all licenses issued.

E. If the Sheriff has not either approved or disapproved the application as provided in this Section within forty-five (45) days of his or her receipt of the application, he or she shall forthwith report in duplicate his or her reasons for the delay to the applicant. The applicant shall thereupon have the right to appeal to the board of supervisors as provided in Section 11.24.060.

F. The Sheriff may deny the application if the Sheriff makes any of the following determinations:

1. The applicant has knowingly misstated, misrepresented, concealed, or withheld any material fact on the application for the permit.

2. The applicant, or any of them, within five years immediately preceding the date of filing the application, has been convicted in a court of competent jurisdiction of any offense:

a. Which relates to the establishment of a card room or similar establishment;

b. Involving violation of any gambling law or ordinance;

c. Involving any narcotic offense;

d. Which is a felony; or

e. Any other crime involving moral turpitude.

3. The applicant, or any of them, within five years immediately preceding the date of filing of the application, has had any card room license or permit issued within the State, United States of America or any of its territories, suspended or revoked.

4. The applicant, or any of them, is not a fit and proper person to engage in the operation of a card room, taking into consideration the financial stability of the applicant and personal history including business experience and reputation for habits and character traits.

5. The card room is to be located within any area of the County which is wholly residential; or if the card room located is adjacent to a residential area and, in the opinion of the Sheriff, the operation of a card room in such location would tend to cause a public nuisance or law enforcement problem.

6. The card room is not to be located within two thousand (2,000) feet of a public school, church, hospital, children's playground, or any other public facility where the presence of the card room might tend to cause a law enforcement problem, or create a public nuisance, or where the granting of the license would be contrary to the public interest.

7. The card room is located in an area not zoned for such activities as determined by the appropriate planning administrator or commission.

8. The applicant has not submitted a plan for the physical security and safety of the patrons, satisfactory to the Sheriff.

(Ord. 4035, 1999; Ord. 3150, 1986)

A. Any applicant or person claiming to be affected by the proposed card room license or employee work permit who is dissatisfied with the action of the Sheriff in approving or disproving an application shall have the right of appeal to the Board of Supervisors, except when the Sheriff's disapproval of the application is based on the objection of the Division of Gambling Control in the California State Department of Justice. In the event the Sheriff's decision to disapprove an application was based in whole or in part on the objection of the Division of Gambling Control of the State Department of Justice, than the applicant shall apply to said Division of Gambling Control for a hearing in accordance with State regulations. If, after such a hearing, the objection to the issuance of the permit is removed by the Department of Justice, the applicant may request that the Sheriff reevaluate his or her application.

(Ord. 4035, 1999; Ord. 3347 § 2, 1988; Ord. 3150, 1986)

A. Except as provided in Subsection B, no card room license or any interest therein, issued under the authority of this Chapter shall be transferred from person to person, assignee, pledged or hypothecated in whole or in part. Such license shall not be subject to transfer to any other holder or operator through the levy of any execution by any judgment creditor or any judicial sale under any proceedings to enforce or collect any judgment, debt or obligation.

B. The transfer of a valid card room license held by an individual to another person may be allowed by the County Board of Supervisors when the licensee is deceased and the executor or administrator of the licensees estate has applied to the Board of Supervisors within ninety (90) days after death or the date the licensee has become physically incapacitated to the extent the licensee is unable to conduct the card room business for a period of six months or more from the date of application. Any other transfer, assignment, pledge or hypothecation shall be considered for all purposes as a new application for a card room license, and all the provisions of this Chapter applicable to new application shall apply.

C. No employee work permit issued under the authority of this Chapter shall be transferred from person to person.

D. No more than a total of fifteen (15) card tables shall be allowed in the unincorporated area of Monterey County.

(Ord. 4035, 1999; Ord. 3347 § 3, 1988; Ord. 3150, 1986)

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

A. Physical arrangements:

1. Not more than one card room shall be located at any one address.

2. Not more than five tables shall be permitted in any card room.

3. Not more than eight players shall be permitted at any one card table.

4. Card rooms shall be located on the ground floor and so arranged that card tables and the players shall be plainly visible from the doorway into the card room.

5. During all hours of operation, doors must be unlocked and accessible to the general public.

6. No card room shall be opened before six a.m. or after two a.m. except that on Saturday or Sunday, a card room may stay open during these hours if a licensed security guard is in attendance from twelve a.m. (midnight) until six a.m.

7. The card room shall be separated from other activities on the premises.

8. All card rooms shall be open to Sheriff's inspection during all hours of operation.

B. Operational Procedures. No licensee, agent, or employee of a permittee, or a person to whom a work license has been issued or performing a function for which a work license is required shall:

1. Allow or permit money to be used as ante or bet in any card game in any card room.

2. Offer or give or permit to be offered or to give any alcoholic beverage to encourage play.

3. Accept I.O.U.'s or other notes, loan money to any person on any ring, watch, or other article of personal property for the purpose of securing tokens, chips or other representatives of money as an ante or bet, or purchase from any person any article of property if the purchase price is to be used for the purpose of securing tokens, chips, or other representatives of money to be used as an ante or bet.

4. Act in the capacity of, or allow or employ any person to act in the capacity of, a house player, unless such person wears in a conspicuous place attached to the clothing an identification card or badge identifying such person as a house player.

5. Permit an ante in excess of twenty dollars ($20.00) total sum anted by all player participating in the game.

6. Knowingly permit any person who is in a state of intoxication in any card room.

7. Permit any owner, person with a financial interest in the card room or employee to play in any card game unless such person wears in a conspicuous place attached to the clothing an identification or badge identifying such person with the card room.

8. Permit or allow any game other than five-card draw poker, including five-card low ball draw poker, Texas Hold'em, Pai Gow, and panguingue, to be played in any card room.

9. Employ any person who has not obtained an employee work permit when required to do so under Section 11.24.045.

10. Fail, neglect, or refuse to exhibit their license or work permits on the demand of any law enforcement officer.

C. General requirements:

1. There shall be posted in a conspicuous place the following:

a. The minimum buy-in time charged, or other fee charged for the use of the tables.

b. A set of detailed house rules applicable to the games played.

c. A copy of the current license.

d. The hours of operation.

2. Each card table shall have assigned to it a person whose duty shall be to supervise the game and to see to it that it is played in accordance with the terms of this Article and the provisions of the Penal Code of the State of California. This person may have more than one table under his or her supervision. The licensee may act as a table supervisor without having a work license.

3. Each card room shall be under the management of a person responsible for its operation at all times, and this person shall be on the premises at all times.

4. Not later than June 1st of each calendar year the permittee shall file with the Sheriff a report stating the minimum buy-in, time charged, or other fee charged for the use of the tables.

5. Each card room shall be open and have at least one card table in operation not less than four hours per day and not less than five days per calendar week of each week during the year. Any card room not meeting the minimum requirements of this Subsection shall be deemed to have ceased business as a card room.

(Ord. 4035, 1999)

A. The only charge imposed by a license holder upon participants in any card game permitted this Article shall be either or both a charge per hand or a charge for table rental. The table rental charge shall be imposed for participation in any card game for each twenty (20) minute period or part thereof that a participant plays in a card game. The amount of such charge for participation shall be determined by each permittee provided, however, that:

1. The amount of the charge shall be posted conspicuously within the card room; and

2. The charge for the table rental shall first be furnished to the Sheriff and shall not be changed until at least three days notice of any such change is given, in writing, to the Sheriff.

B. No license holder shall charge or impose any other fee for participation in any card game, without limiting the foregoing. License holders are specifically prohibited from taking any portion of the ante or bet made by any participant in any such game.

(Ord. 3150, 1986)

A. Every person or organization holding a card room license shall pay to the County a yearly license fee set by the Board of Supervisors by resolution per card room operated by the licensee. The fee shall be paid to the County Treasurer in advance for each fiscal year commencing on July 1st or part of such fiscal year during which the licensee will operate a card room. The license fee shall be due and payable at least fifteen (15) days prior to the commencement of the fiscal year. A penalty equal to ten (10) percent of the current license fee shall be imposed in those cases where the fee is not paid in a timely manner.

B. Each application for an employee work permit or renewal of a work permit shall be accompanied by a fee established and set forth in the Monterey County Fee Resolution.

C. For the purposes of clarification, the license and permit fees set forth in this Section are for regulation purposes to reimburse the County for its costs in regulating the conduct of card rooms and not for revenue purposes.

(Ord. 4188, § 6, 2003; Ord. 3347 § 4, 1988; Ord. 3150, 1986)

A card room license or an employee work permit shall be valid for the fiscal year or portion thereof in which it is issued, commencing July 1st of that year and ending June 30th.

(Ord. 3347 § 5, 1988; Ord. 3150, 1986)

A. A card room license shall be deemed to be abandoned and null and void under any of the following conditions:

1. The use of the premises as a card room has not commenced within four months after the issuance of the card room license or renewal thereof.

2. The premises have ceased to operate as a card room for a period of four continuous months.

3. The license fee, or any part thereof, has not been paid within forty-five (45) days after it becomes due and payable.

4. The holder of any license fails to apply for a renewal license within the time prescribed in this Chapter.

B. If the Sheriff determines that a card room license has been abandoned pursuant to this Section, the procedure for notification of abandonment and appeal to the Board of Supervisors shall be as set forth in Section 11.24.060. The notice shall state that the Sheriff has determined that the license has been abandoned and is null and void and the reasons for such determination.

(Ord. 3150, 1986)

A. Within forty-five (45) days of the effective date of this Section, and thereafter on June 1, 1987, and on June 1st of each succeeding calendar year, the holder of any existing card room license shall apply for a renewal of such license and shall pay such fees as required by this Chapter. The Sheriff shall notify in writing all existing license holders of the requirement of this Subsection no later than fifteen (15) days following the effective date of this Section and such notice may be given at any time following the adoption of this Section by the Board of Supervisors. The notice may be hand delivered or mailed by first class mail to the licensee at an address of the licensee as shown on the application for license or to the address of the card room subject to the license or to such other address of the licensee as known to the Sheriff. Failure of the licensee to receive such notice shall not excuse any licensee from the requirements of this Chapter.

(Ord. 3150, 1986)

Every person licensed under this Chapter shall, while engaged in the business for which he or she is licensed, keep his or her license in his or her possession at all times, and shall, upon demand by any peace officer, exhibit such license. The licensee shall also exhibit his or her license upon request to any person who enters the premises of the card room operation.

(Ord. 3150, 1986)

A. Nothing in the terms of the Chapter shall be construed as authority for any licensee to engage in any unlawful business or act or acts.

B. The Sheriff is authorized to suspend temporarily the license of any person licensed under this Chapter whenever it appears to him or her that the licensee has engaged in an unlawful business or act or acts. Upon such suspension, the Sheriff shall, within fifteen (15) days, file with the Board of Supervisors written charges against the licensee. Thereafter, the Board of Supervisors shall set the matter for hearing and mail a written notice of the hearing to the licensee, at his or her last known address, at least fifteen (15) days prior to, the date of the hearing.

C. The Board shall have power by resolution to revoke the temporary suspension, to suspend the license for any such further period as it may deem proper, or finally revoke or annul the license, as the facts may warrant.

(Ord. 3150, 1986)

In the event any license issued under this Chapter is lost, destroyed or mutilated, the person to whom the license was issued may obtain a duplicate thereof upon the payment of a fee of one dollar ($1.00), furnishing two photographs of the licensee taken within sixty (60) days immediately prior to the date of application, which photographs conform to the requirements of Section 11.24.040, and furnishing satisfactory proof of loss, destruction or mutilation to the Sheriff.

(Ord. 3150, 1986)