Mountain View Municipal Code § 9.5 Regulations for preexisting cardrooms

* Previous Secs. 9.1 through 9.17 were adopted by Ordinance No. 31.72, 10/13/72; Secs. 9.4. and 9.14 were amended by Ordinance No. 26.91, 12/10/91; Secs. 9.18 and 9.19 were repealed by Ordinance No. 175.253, 4/14/54.

The definitions set forth in this article shall govern the construction thereof, unless the context requires otherwise.

"Card game" means any game not prohibited by state law that is played with cards for money or other thing of value, or for checks, credit or other representative of value.

"Cardroom" means any building or structure, or any portion of a building or structure, or any premises or place, wherein, in return for any fee, charge, or other compensation, any person or persons is or are permitted to play a card game or card games.

"Card table" means any table or other surface upon which any card game is played.

"Preexisting cardroom" means any cardroom which was in lawful operation in the city and for which a valid city cardroom permit was in effect on January 17, 1995.

(Ord. No. 6.95, 2/28/95.)

Except as permitted in Sec. 9.3 and 9.4, it shall be unlawful for any person or business entity to open, operate, keep or maintain, any cardroom within city limits.

(Ord. No. 6.95, 2/28/95.)

The city will consider applications for a cardroom license only from persons who submitted timely applications for a cardroom license or a land use permit related to a proposed new cardroom before the effective date of this article, or from preexisting cardrooms that need to renew their licenses. If the city grants a cardroom license to a person who submitted an application before the effective date of this ordinance, the new cardroom shall be treated as a preexisting cardroom for the purposes of this article.

(Ord. No. 6.95, 2/28/95.)

Preexisting cardrooms shall be permitted to continue their operations in the city in accordance with this article and applicable state law under their current ownership as of the effective date of this article. Cardroom licenses for preexisting cardrooms may be suspended or revoked for cause pursuant to Sec. 9.17 and may be transferred only as permitted in Sec. 9.15.

(Ord. No. 6.95, 2/28/95.)

Preexisting cardrooms shall be subject to the regulations set forth in the subsequent sections of this article. In addition, the following rules shall apply to preexisting cardrooms:

a. Preexisting cardrooms may not be altered, enlarged, increased or extended to occupy a larger area or to enable the cardroom to serve a larger number of clients.

b. When a structure containing a preexisting cardroom is damaged or destroyed by any natural disaster, accident or other cause, and the cost of repair or replacement exceeds fifty (50) percent of the cost of construction of a comparable new building (as determined by the city's building official), it shall not be reconstructed or repaired to accommodate a cardroom, but may be repaired or restored and used for another purpose in conformity with the City Code.

c. If the business of the preexisting cardroom is discontinued or changed to another business for a continuous period of ninety (90) days or longer for any reason, the use of the premises for a cardroom shall be considered terminated and may not be reestablished. The premises may thereafter be used for another purpose in conformity with the City Code.

(Ord. No. 6.95, 2/28/95.)

a. No person owning, leasing or operating a cardroom, as defined in Sec. 9.1 of the Mountain View City Code, shall permit any minor under the age of eighteen (18) years to enter or remain on the premises, unless the minor is accompanied by a parent or guardian.

b. No minor under the age of eighteen (18) years shall enter or remain in any cardroom as defined in Sec. 9.1. of the Mountain View City Code, unless accompanied by a parent or guardian.

c. No minor under the age of eighteen (18) years, for the purpose of gaining entrance to or remaining in any cardroom or establishment where the playing of cards is permitted pursuant to this chapter, shall represent to the person owning, leasing or operating such cardroom or establishment, or to the agent, employee, representative or concessionaire of such person, that such minor is eighteen (18) years of age or upward.

(Ord. No. 2.96, 1/30/96.)

No person shall establish any cardroom as authorized in Sec. 9.3, or maintain or operate any preexisting cardroom, or permit or suffer any cardroom to be established, maintained or operated, upon or within any building, structure, premises or place owned, occupied or controlled by him, unless such cardroom is maintained and operated pursuant to a valid, unexpired and unrevoked cardroom license issued pursuant to the provisions of this article.

(Ord. No. 6.95, 2/28/95.)

Applications for cardroom licenses from persons who applied for cardroom licenses or land use permits related to proposed new cardrooms before the effective date of this article shall be processed pursuant to Sec. 9.8 through 9.14. The city shall not accept, consider or act upon applications for cardroom licenses from other persons after the effective date of this article.

(Ord. No. 6.95, 2/28/95.)

a. Any person or persons desiring a cardroom license shall file a written application therefor, addressed to the council with the city clerk of the City of Mountain View.

b. A separate application shall be filed for each place for which a cardroom license is desired.

For purposes of this section, separate buildings or structures shall be deemed to be separate places, even though the separate buildings or structures might be interconnected by a doorway or other facility. Also, separate rooms in the same building or structure shall be deemed to be separate places, unless they are interconnected by doorways or corridors and it is requested that one license be issued to the same licensee for all such interconnected rooms, in which latter event such interconnected rooms in the same building or structure may be deemed to be one place.

(Ord. No. 6.95, 2/28/95.)

Each application for a cardroom license shall be accompanied by a cardroom permit fee in an amount established by council resolution, and shall set forth the following information:

a. A specific description of the building or structure within which the cardroom is to be situated, and of the specific portion of such building or structure for which a cardroom license is requested. If the entire building or structure is proposed to be used as a cardroom, the application shall so state and shall request a license for the entire building or structure. If only a portion of the building or structure is proposed to be used as a cardroom, the application shall so state, shall describe such portion and shall request a license for only such portion. No license issued pursuant to any such application shall be deemed issued for any portion of any building which the application fails to state is to be used for cardroom purposes and for which the application fails to specifically request a license.

b. The maximum number of card tables proposed to be played within the cardroom.

c. The specific types of card games proposed to be played within the cardroom.

d. The true and complete name or names, and addresses, of the owner or owners of the building or structure within which the cardroom is proposed to be maintained.

e. The true and complete name and address, or names and addresses, of the person or persons to whom it is requested that a cardroom license be issued.

If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address.

If the proposed licensee is a partnership, the application shall set forth the full name of all the partners and the firm name under which they do business, e.g., "John Doe and Richard Doe, co-partners, doing business as Ace Cardroom Company." The address of all such partners shall also be given.

f. The names and addresses of the following:

1. If the proposed licensee is a corporation, the names and addresses of all members of the board of directors, the names and addresses of the president and secretary, and the name and address of each shareholder who owns or will own more than three (3) percent of all outstanding shares of the corporation.

2. The names and addresses of all persons who are to be employed in the maintenance and operation of the cardroom, to the extent that such is known to applicant at the time of filing of the application.

3. The name of each lender or other person to whom a percentage or share of the income of the cardroom is to be paid other than by way of dividends paid by a corporation to its shareholders.

g. A statement whether or not any of the persons hereinabove required to be named in the application has at any time been convicted of any crime or crimes (other than minor traffic offenses) and, if so, the time, place and nature of the offense with respect to each such conviction.

h. A statement as to whether or not any permit or license previously granted by the city to a proposed licensee to authorize him to engage in any business in the city has been denied or revoked, and if so, the type of license or permit which was denied or revoked, the time of denial or revocation, and the reasons therefor.

i. Such other information as applicant may consider pertinent.

(Ord. No. 6.95, 2/28/95.)

Upon receipt of an application for a cardroom license, the city clerk shall examine the same and, if he finds that it fails to comply with the requirements of this article or does not contain all the information required by this article, he shall return the application to the applicant for proper completion of the application. If, however, he finds that it does not comply with the provisions of this article, he shall transmit a copy of the application to the chief of police for an investigation and report.

(Ord. No. 6.95, 2/28/95.)

a. Before action is taken on any application for a cardroom license, the applicant and each person whose name is required to be set forth in the application shall present himself at the city's police department for fingerprinting and photographing. The police department shall take his fingerprints and photograph, and shall file the same.

b. The chief of police shall make an investigation of all applicants, all interested parties and employees, the place for which a cardroom license is requested, the area within which the proposed cardroom is to be located, and the manner in which the cardroom is proposed to be conducted, and shall file with the city clerk a report, addressed to the council of the City of Mountain View, setting forth his findings and recommendations.

c. The report of the chief of police with respect to each application shall:

1. State whether, in the opinion of the chief of police, the applicant or applicants is or are of good moral character, and if not, the reasons for his opinion. If the applicant is a corporation, such statement shall be given with respect to each member of the board of directors, the president and secretary, and each shareholder who owns or will own more than three (3) percent of the total number of outstanding shares of the corporation.

2. State whether, in the opinion of the chief of police the operation of a cardroom at the proposed location will or will not aggravate the crime problems in the area, or otherwise be detrimental to crime prevention or be detrimental to the public peace, health or safety in the area, and shall give the reasons for his opinion.

3. Set forth his recommendation as to whether the requested license should or should not be granted, and if adverse, state his reasons for recommending denial.

4. Set forth all conditions, limitations and restrictions which, in his opinion, the requested license, if granted, should be made subject to.

5. Set forth such other relevant information and recommendations as he may deem proper.

d. The chief of police shall complete his report and recommendation hereunder no later than thirty (30) days following receipt of the application by him from the city clerk.

(Ord. No. 6.95, 2/28/95.)

a. After receipt of an application for a cardroom license and his finding that the same complies with the provisions of this article, but not later than the fifth day following receipt of a report on the application from the chief of police, the city clerk shall set a time and place at which the council will hold a public hearing on the application, at which hearing all interested parties and any member of the public shall be given a reasonable opportunity to be heard.

b. After setting a time and place at which the city council will hold a public hearing on an application for a cardroom license, the city clerk shall post, or cause to be posted not later than the eleventh day preceding the date set for hearing, in a conspicuous place at the street entrances to the place for which a cardroom license is requested, a written notice which shall:

1. Be enTitled, in bold letters, "Notice of Hearing on Application for Cardroom License."

2. State that an application has been made to the council of the City of Mountain View for a cardroom license and by whom such application has been made.

3. Describe the premises for which a cardroom license is requested.

4. Give notice of the time and place at which the council will hold a public hearing on the application.

5. Give notice that any person objecting to the issuance of the license will be given a reasonable opportunity to be heard at the public hearing, and in addition, may file written protests with the city clerk or city council at any time before the conclusion of the public hearing.

6. Advise all persons that further information may be obtained by examining the written application on file in the office of the city clerk.

(Ord. No. 6.95, 2/28/95.)

At the time and place set for hearing of an application for a cardroom license, and/or at such other times and places to which it may continue the hearings, the council shall consider the application and all written protests or objections, and shall give reasonable opportunity to be heard to all persons who wish to be heard either in favor of or in opposition to the granting of the requested license. Upon or within a reasonable time after close of the hearing, the council shall either grant or deny the requested license. If it should grant the license, it may make it subject to such conditions, limitations and restrictions as it may deem reasonably necessary under the circumstances to protect the public health, safety and general welfare. Each license granted by the council shall be subject to licensee's compliance with all applicable provisions of this article as well as such conditions, limitations and restrictions as the council may specifically prescribe.

(Ord. No. 6.95, 2/28/95.)

The council may deny a cardroom license for all or any of the following reasons:

a. That the establishment or operation of a cardroom at the proposed place or places would violate the city's zoning, fire, building or other ordinances or regulations, or other applicable laws or regulations.

b. That the applicant is not a responsible businessperson, or that the applicant, or its owners, officers or employees, do not possess good moral character.

In making such determination, the council shall consider:

1. All criminal convictions of the applicant, its owners, officers and employees, the reasons therefor, and the actions of the applicant or of any of its owners, officers or employees, subsequent thereto;

2. The license history of the applicant, whether such person, in previously operating in this or another state under a license, has had such license revoked or suspended, the reasons therefor, and the actions of the applicant subsequent to such action;

3. The business history of the applicant, its owners, officers or employees; and

4. The personal history of the applicant, or of its owners, officers or employees.

c. That the applicant is not capable of carrying on the licensed activity in a manner consistent with the public health, safety and good morals.

d. That the applicant has failed to comply with any of the provisions of the Mountain View Municipal Code, or other applicable laws, applicable to the premises, equipment or operation of the business for which a license is requested.

e. That the applicant has knowingly made false statements in his application.

f. That the operation of the business for which the license is requested at the location proposed therefor would be detrimental to the peace, health or safety of the area within which such business is proposed to be located.

g. That the issuance of the proposed license would violate any of the applicable provisions and limitations of this article.

(Ord. No. 6.95, 2/28/95.)

No cardroom license may be sold, transferred or assigned by the licensee, or by operation of law, to any other person or persons, and any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be deemed terminated and void; provided and excepting, however, that if the licensee is a partnership and one or more (but not all) of the partners should die or withdraw from the partnership, one or more of the remaining partners may acquire, by purchase or otherwise, the interest of the deceased or withdrawing partner or partners without effecting a surrender or termination of such license, and in such case the licensee shall thereafter be deemed to be the surviving or remaining partners; and provided, further, that if said licensee is a partnership and one or more, but not all, of the partners should die, the surviving partners and such heirs, devisees or legatees as may succeed by operation of law to the interests of the deceased partner, may apply to the council for a new license for such surviving partners and such surviving heirs, devisees or legatees, and in such event, upon such application being made and good cause being shown therefor, the council may issue a new license to such person in place of the old.

(Ord. No. 6.95, 2/28/95.)

The privileges conferred by the licenses issued hereunder shall be transferable only in accordance with Sec. 9.15. If, for a period of ninety (90) days or more, any person licensed and duly authorized hereunder fails to maintain a cardroom in accordance with the provisions of this article or any other provisions applicable thereto, his permit and license so to do shall be deemed revoked. No transfer of any license to another person or location shall be made without payment to the director of finance of a fee equal to the fee required hereunder for an initial license.

(Ord. No. 6.95, 2/28/95.)

Any license issued under the provisions of this article may be suspended or revoked by the council upon a finding that:

a. The licensee has breached, or is breaching, any provision of this article; or

b. Any term or condition upon which such license was issued has been or is being breached; or

c. Grounds exist which would justify denial of an application for such license if such application were then pending; or

d. The licensee has violated any statute, or any ordinance of the City of Mountain View, which violation pertains or relates to the establishment, maintenance or operation of the cardroom authorized by such license.

If the council should determine that cause may exist for the suspension or revocation of any cardroom license, it shall set a time and date at which a public hearing shall be held on the question whether such license should be suspended or revoked, and shall cause written notice of the issue and of the time and place of hearing to be given to the licensee not less than ten (10) days before the date set for such hearing. At said hearing, the licensee shall have the right to offer evidence in his behalf and may be represented by counsel at all times in said hearing.

Whenever the council shall find, upon the conclusion of any such hearing, that any of the grounds hereinabove specified exists, it may, in its discretion, revoke such license or suspend the same for such period of time as it deems proper in the circumstances. The decision of the council shall be final and conclusive.

(Ord. No. 6.95, 2/28/95.)

a. Hours of operation. All cardrooms subject to the provisions of this chapter shall cease operations and remain closed between the hours of 12:01 a.m. and 9:00 a.m. of each day. It shall be unlawful to induce or attempt to induce another to engage in card games which are subject to the provisions herein during the hours that cardrooms are to remain closed.

b. Number of tables permitted. The number of tables used by the public for the playing of cards that shall be permitted in any building or premises licensed hereunder is hereby limited to six (6).

c. Card playing for money. No person licensed under the provisions of this chapter shall allow the playing of cards upon the premises owned or controlled by him or any person to play or participate in any game of cards in a cardroom wherein money of the United States, coin or currency, is used for the purpose of the ante, betting or stake upon such game; provided, however, that nothing herein shall prohibit the use of tokens, chips or other representatives of money for such purposes.

d. Loaning money on watches, rings, etc. No owner, operator, or employee of any cardroom shall loan money to any person on any watch, ring, or other article of personal property for the purpose of securing tokens, chips, or other representatives of money as an ante.

(Ord. No. 6.95, 2/28/95.)

Each agent or employee of a licensee, engaged in the operation of the cardroom for which such licensee has been issued a license, shall file with the chief of police, on a form prescribed by him, an application for registration within fourteen (14) days after the effective date of this section or within fourteen (14) days after the commencement of such agency or employment, whichever is later.

The application shall be verified and shall include:

a. The full name, residence address, residence telephone number, date and place of birth, and the social security number of the agent or employee.

b. A statement listing any other name or names used at any time by such agent or employee, together with the place or places where each such name or names was or were used, and the date or dates of such use.

c. The name and address of the principal or employer, and the date the agency or employment commenced.

d. The title of the position occupied by the agent or employee, and a description of his duties.

e. Two recent photographs of the agent or employee, of a reasonable type prescribed by the chief of police, and two classifiable sets of his fingerprints.

f. Such other information, evidence, statements or documents as may reasonably be required by the chief of police to investigate the moral character of the agent or employee.

g. Each registration application shall be accompanied by a nonrefundable fee, in an amount as established by council resolution.

(Ord. No. 6.95, 2/28/95.)

If it appears at any time that good cause may exist for the chief of police to refuse to register an agent or employee, or to suspend or revoke a previous registration, he shall give such agent or employee, and licensee, reasonable opportunity to show cause why he should not refuse to register such agent or employee or why he should not suspend or revoke the registration of such agent or employee, and thereafter, if he finds good cause therefor, he may refuse to register such agent or employee or suspend or revoke the registration of such agent or employee.

The chief of police may refuse to register an agent or employee if substantial evidence available to him causes him to conclude that the agent or employee:

a. Does not possess good moral character; or

b. Has intemperate habits, or a bad reputation for truth, honesty, and integrity; or

c. Has been convicted of a felony, or of any crime involving moral turpitude, or of illegally using, carrying, or possessing a dangerous weapon; or of illegally possessing, using or selling drugs, bookmaking or illegal gambling; or

d. Has been refused, or has had revoked, any license or permit by an agency of government for lack of good moral character; or

e. Has violated any provisions of this article; or

f. Has knowingly made a false statement in his application.

Each agent or employee of a licensee hereunder shall notify the chief of police in writing, within fourteen (14) days after each and every change in his place of employment or of his residence address, of such change. Each licensee hereunder shall notify the chief of police in writing, within fourteen (14) days from and after the date on which any person is employed by him or the date on which the employment of any such person is terminated, of such employment or termination.

No licensee shall continue to employ any person, or continue to retain any agent, in connection with the conduct of a cardroom business after such employee or agent has been refused registration, or has had his registration suspended or revoked.

(Ord. No. 6.95, 2/28/95.)

Every person engaged in carrying on the business of maintaining a place where tables are used by the public for the playing of cards and for the use of which a fee or compensation is charged players, in addition to obtaining the license required by this article, shall also pay a license fee as required in the provisions of Chapter 18. No license shall be issued by the director of finance unless and until the applicant therefor has a valid permit in effect covering the specific location in question.

The provisions of this article shall not apply to bona fide social clubs which are regularly incorporated, nor to the cardrooms of fraternal organizations and not open to the general public, and whose membership is restricted to those persons regularly and formally elected to membership therein, and paying regular dues to such organizations, or to any nonprofit, educational or civic organizations or citizen groups which sponsor casino nights or other events in which card games not prohibited by state law are played and the benefits of the event are donated for a charitable purpose or are used in support of a program or service provided by a public agency.

(Ord. No. 6.95, 2/28/95.)