Napa County Municipal Code Ch. 5.16 Cardrooms

It is unlawful for any person, firm or corporation to keep or maintain or permit to be kept or maintained in any building, place or premises owned, managed, supervised, possessed or controlled by him and situated outside the limits of any incorporated city in the county, any cardroom, as defined in Section 18.08.500 of the county's zoning provisions, without first obtaining both a use permit pursuant to Section 18.28.030 of the county's zoning provisions, and a permit from the board of supervisors pursuant to this chapter.

(Ord. 634 § 1, 1980: prior code § 8050)

The provisions of this chapter shall not apply to the cardrooms of recognized fraternal organizations operating under charter from the head of such fraternal organizations, which such cardrooms are not open to the general public and whose membership is restricted to those persons regularly elected to membership therein and paying regular dues to such fraternal organization, but such exception shall not extend nor apply to any so-called "social club" or association, nor shall the provisions of this chapter apply to any occasional card games sponsored by any fraternal, religious or social group in an establishment which is not primarily used by the public for the playing of cards.

(Prior code § 8052)

A. A written application for a permit under this chapter shall be filed with the clerk of the board upon forms to be provided by the clerk, and shall contain the following information and that fee adopted by resolution of the board of supervisors:

1. The name, occupation, business and residence of the applicant;

2. The location and ownership of the premises for which the permit is sought;

3. The number of tables for which the permit is sought; and

4. A full set of fingerprints of the applicant; and

5. Such other information as the board of supervisors shall from time to time require by resolution.

B. The clerk of the board shall advise the board of supervisors of the application and the clerk of the board shall submit the application to the county sheriff, who shall investigate the premises proposed to be used for such purposes, and the moral character of the applicant.

C. The sheriff shall, within one hundred twenty days after notification of the making of an application for permit under this chapter, submit a written report to the board of supervisors concerning the moral character of the applicant, and a statement of the sheriff's opinion as to whether or not the operation of the business in the location and in the manner proposed by the applicant would constitute a violation of law or would endanger the public health, safety or welfare.

D. The board of supervisors may deny such application after the receipt of the report if it determines that it will be injurious to the public health, safety or welfare of the people of the county to operate such cardroom upon the premises in the manner for which the permit is sought.

(Ord. 912 § 10, 1989: Ord. 837 § 34, 1987: Ord. 741 § 1, 1983: prior code § 8051)

Every employee of any person, firm or corporation holding a permit to operate an establishment open to the public for playing cards where a fee or consideration is charged players shall, prior to his or her employment, secure a permit to be employed at such premises from the county sheriff; the application for such permit shall state the name, place of business and residence of the applicant and shall be accompanied by a full set of fingerprints of the applicant and such other information as may be required by the sheriff. The sheriff shall not issue any permit to any such person applying therefor unless he is satisfied that the applicant is of good moral character.

(Prior code § 8059)

The owner, operator, tenant or person in control of any cardroom shall annually pay to the county the fees adopted by resolution of the board of supervisors.

(Ord. 912 § 11, 1989; Ord. 837 § 35, 1987; Ord. 634 § 3, 1980: prior code § 8061)

Any and all fees required to be paid by this chapter shall be paid at the office of the county treasurer.

(Ord. 673 § 5, 1981: prior code § 8061.2)

Permits issued under this chapter shall not be transferable, and any attempt to transfer such permit shall render the permit immediately invalid and revoked.

(Prior code § 8056)

Any permit issued under the terms of this chapter may be suspended or revoked by the board of supervisors upon conviction by the permittee or any employee thereof of violation of any of the provisions of this chapter, or when, in the opinion of the board of supervisors, the continued operation of such establishment will be injurious to the public health, safety or welfare.

(Prior code § 8057)

Any cardroom subject to the provisions of this chapter may remain open to the public and operate twenty-four hours a day.

(Ord. 673 § 2, 1981: prior code § 8053)

The main entrance of any premises at which card tables or devices whereat or whereupon card games may be played by the general public and for which a permit has been issued pursuant to this chapter shall at all times remain unlocked and unbarred while any games are being played upon the premises, and the premises shall be readily accessible to all peace officers from the main entrance of the premises.

(Prior code § 8060)

The sheriff or the district attorney, or their respective designees, may at any time enter and inspect any cardroom subject to the provisions of this chapter for the purpose of determining compliance with this chapter. This authority shall not derogate from the constitutional right of the operator or patrons of a cardroom to be free from unreasonable searches and seizures.

(Ord. 673 § 4, 1981: prior code § 8057.4)

The total number of tables permitted in any cardroom shall not exceed the number authorized by the required use permit.

(Ord. 950 § 1, 1990: Ord. 634 § 2, 1980: prior code § 8054)

No permittee or person employed by such permittee shall suffer or permit any person under the age of twenty-one years to enter, be in, remain in or visit the premises licensed under this chapter.

(Prior code § 8058)

A. It is unlawful for the owner, operator, tenant or person in control of any room or enclosure where a table or tables are maintained or used for the purposes hereinabove set forth or any card game is played, or for any employee of such owner, operator, tenant or person in control of such room, or for any occupant thereof to sell, dispense, give, serve or deliver to any person within any such room or enclosure, whether a participant at such table or in any such game played thereat, any intoxicating liquor or alcoholic beverage.

B. It is unlawful for any such owner, operator, tenant or other person to permit any person to consume any intoxicating liquor or alcoholic beverage within any such cardroom or enclosure within which such card tables are maintained, used or played at.

C. It is unlawful for any such owner, operator, tenant or other person in charge or control of any such room, enclosure, game or table to knowingly permit any person, while under the influence of intoxicating liquor or alcoholic beverage, to participate either directly or indirectly in any game played at any such table or within any such room or enclosure.

(Prior code § 8055)

A. The sheriff or his designee may close or cause to be closed, for so long as it is reasonably necessary but in no case for longer than seventy-two hours, any cardroom subject to the provisions of this chapter, in order to preserve the peace, and to prevent and suppress affrays, breaches of the peace, and riots.

B. The sheriff or his designee may close a cardroom only when there is an imminent and actual danger of harm to the peace, health or safety of the operator or patrons of the cardroom.

C. On closing a cardroom, the sheriff or his designee shall give the operator written notice of the following:

1. The date and time the cardroom shall be permitted to reopen;

2. The right of the operator to be heard by the sheriff within twenty-four hours to offer reasons why the cardroom should be permitted to reopen prior to the date and time specified in the notice.

(Ord. 673 § 3, 1981: prior code § 8057.2)