Chapter 5.20 — CARDROOMS

For the purpose of this chapter, a "cardroom" is hereby defined to be any space, room or enclosure, furnished or 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 section shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization, as defined in Section 5.20.020. (Ord. 933 § 2)

• A. Required. It is unlawful for any person, for him or herself, or for any other person, to engage in or carry on, or to maintain, or to 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 city to do so according to each and every requirement of this chapter or without complying with each and every regulation contained herein pertaining to such cardroom.

• B. Application—Fingerprinting and Photographing—Citizenship Requirement. An applicant for a cardroom license shall submit his or her application to the chief of police, which application shall be under oath, 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 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, a photograph and a physical description of the applicant and of persons financially interested in the business. A license may be issued only to citizens of the United States of America.

• C. Denial—Appeal.

  1. The chief of police shall deny any applicant for a cardroom license, a license to operate such cardroom if:

     • a. The applicant has previously been convicted of any narcotics violation, a felony involving theft, or any crime involving moral turpitude within the past 10 years; or

     • b. The applicant is not in the opinion of the chief of police a person of good moral character.

  2. The action of the chief of police in denying such a license on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the city council. Notice of such an appeal shall be filed with the city clerk within 10 days after the denial of the license. Upon failure to file such notice within the 10-day period, the action of the chief of police in denying such license shall be final and conclusive.

• D. Only One License to One Person—Assignment or Transfer. No person shall be granted a license to conduct more than one cardroom. No cardroom license shall be assignable or transferable.

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City of Oroville, CA

OROVILLE CODE

§ 5.20.020

§ 5.20.030

• E. Fees. Notwithstanding any of the provisions pertaining to the licensing of cardrooms heretofore enacted, the fee, annually, for such license shall be $* for one cardroom table and $* for each additional cardroom table operated by such licensee.

• F. Revocation. If any licensee shall not daily operate the cardroom licensed thereby during the usual hours of operation for at least 11 months of each year, the chief of police shall revoke and cancel such license.

• G. Clubs Exempt From License Requirements. A nonprofit society, club, fraternal, labor or other organization having adopted bylaws and duly elected directors and members may be granted a license, without payment of a fee, by the chief of police when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other organization and no charge is made for any of the facilities.

• H. Limitation on Number of Cardroom Licenses. There shall not be more than 11 cardroom licenses outstanding at any one time within the city.

* See Master Fee Schedule for current amount.

• (Ord. 933 §§ 1, 3, 6, 8, 12; Ord. 1032 § 1)

• A. Required of Cardroom Employees—"Cardroom Employees" Defined. Cardroom employees must obtain a work permit from the chief of police. Cardroom employees for the purpose of this chapter 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. Application—Fingerprinting and Photographing—Citizenship Requirements. Applications for work permits for cardroom employees shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be deemed by the chief of police necessary to determine whether the applicant is a proper person to be issued a cardroom work permit. The application shall also be accompanied by fingerprints, a photograph and a physical description of the applicant. A work permit shall be issued only to citizens of the United States of America.

• C. Denial of Permit. The chief of police shall deny to such applicant a work permit if:

  1. The applicant has previously been convicted of any narcotics violation, a felony involving theft, or any crime involving moral turpitude within the past 10 years, or

  2. The applicant is not in the opinion of the chief of police a person of good moral character.

• D. Fee. Each application for a work permit shall be accompanied by the fee outlined in the Master Fee Schedule and shall be valid for a period of one year. The fee shall not be returned in the event that the work permit is refused, revoked or suspended as hereinafter provided. Only one such work permit shall be required each year, even though the holder of the work permit may change his or her place of employment within the city.

• E. Appeals from Denial. The action of the chief of police in denying such a work permit on

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.20.030

§ 5.20.040

the basis of the applicant not being a person of good moral character shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within 10 days after the denial of the work permit. Upon failure to file such notice within the 10-day period, the action of the chief of police in denying such work permit shall be final and conclusive.

• F. Suspension or Revocation. The chief of police shall have the right for cause to revoke or suspend any cardroom work permit issued hereunder and to take possession of such permits. Any of the grounds upon which the chief of police shall be required to refuse to issue an initial cardroom license or cardroom work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a cardroom license or cardroom work permit to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such license or work permit. The action of the chief of police in this respect shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within 10 days after the revocation or suspension. Upon failure to file such notice within the 10-day period, the action of the chief of police in revoking or suspending the license or work permit shall be final and conclusive.

• (Ord. 933 §§ 4, 5; Ord. 1374 § 1)

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

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

• B. Visibility. Cardrooms shall be located and so arranged that card tables and the players at the tables shall be plainly visible from the front door opening to the cardroom when the door is opened. No wall, partition, screen or similar structure between the front door opening and any card table located in the cardroom shall be permitted if it interferes with such visibility.

• C. Minors. No minor shall be permitted at any card table, nor shall participate in any game played thereat.

• D. Hours of Operation. All cardrooms shall be closed at 5:00 a.m. and shall remain closed until 9:00 a.m. Cardrooms may operate 7 days a week.

• E. Police Inspection. All cardrooms shall be open to police inspection during all hours of operation.

• F. Doors to Be Unlocked. During hours of operation, doors must be unlocked and accessible to the general public.

• G. Cashing of Bank Checks. The cashing of bank checks for players shall not be permitted in any cardroom.

• H. Supervision of Tables. Each card table shall have assigned to it a person whose duty shall be to supervise the game and to see that it is played strictly in accordance with the terms of this chapter and with the provisions of the Penal Code of the state. This person may have more than one table under his or her supervision. He or she shall not, however, participate in the game.

• I. Signs to Be Posted. There shall be posted in every cardroom in letters plainly visible from

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City of Oroville, CA § 5.20.040

OROVILLE CODE

§ 5.20.050

all parts thereof, signs stating that no game except pangini, low-ball or draw poker, without variations as defined by Hoyle, shall be played in the cardroom. These signs shall also contain such other information relating to the regulations contained herein as the chief of police may require, including the amount of the time charge for participation.

• J. Intoxicated Persons. No person who is in a state of intoxication shall be permitted in a cardroom.

• K. "Cuts" of Pots. The operator of a cardroom shall establish a reasonable time-charge to customers and there shall not be permitted any "rake-off' or "cut" of any pots or bets.

• L. "Shills." No operator nor employee may use a "shill" in any card game unless a work permit is obtained under Section 5.20.030(A) and a copy of same is posted in a conspicuous place on the premises.

• M. Solicitation of Players. No operator nor employee nor any other person shall be permitted to solicit participants in any card game by any means indicating a thing of value will be received to participate in the game.

• N. Money on Tables, Etc. It shall be illegal to have money on any card table or to use money in any card game.

• O. Exhibition of Permits. Operators and employees are required to exhibit their permits on demand of any law enforcement officer.

• (Ord. 933 § 7; Ord. 1491 § 1)

The city council hereby 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, including but not limited to those games enumerated in Section 330 of the Penal Code of the state, which section includes banking and percentage games.

(Ord. 933 § 9)

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City of Oroville, CA

BUSINESS LICENSES AND REGULATIONS

§ 5.24.010

§ 5.24.040