Chapter 4.52 — BILLIARD ROOMS, CARDROOMS AND BOWLING ALLEYS

• Editor's Note: Prior ordinance history: Prior code §§ 9.01 - 9.10, and as amended by Ordinance Nos. 1980, 2089, 2328, 2341, 2442, 2863, 2922, 2960, 2999, 3017 and 3113.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(a) "Billiard room" means any establishment open to the public for the lawful playing of billiards, pool, snooker, and other similar games, whether or not the tables for playing such games are of regulation size and regardless of whether the playing of such games constitutes the principal business upon the premises.

(b) "Bowling establishment" means any establishment within a building or structure in which is located one or more bowling alleys which are open to the public.

(Ord. 4128 § 1 (part), 1993)

After May 13, 1967, no person shall construct, install, expand, operate or maintain a billiard room or bowling establishment, including those in existence or operation prior to April 13, 1967, without obtaining a license to do so. The provisions of Chapter 4.04 shall apply to the licensing of such rooms and establishments and to the renewal, suspension, or revocation of licenses.

(Ord. 4128 § 1 (part), 1993)

Any person desiring a license for a billiard room, bowling establishment, or any combination thereof, shall file an application for a license with the chief of police. In addition to the requirements of Chapter 4.04, the application shall contain the following:

(a) Whether the premises is to be used as a billiard room, bowling establishment, or combination thereof;

(b) Whether alcoholic beverages are to be sold on the premises;

(c) The name, address, and/or principal place of business of the applicant;

(d) The business capacity of the applicant (corporation, partnership, sole proprietorship or other);

(e) The name, address and age of manager or managers;

(f) Location;

(g) Proposed hours of operation;

(h) The land use zone applicable to the proposed facility;

(i) Such other information respecting the proposed facility as the chief of police shall deem reasonably necessary to effectuate the purposes of this chapter and to arrive at a fair determination of whether there is or will be compliance with the terms of this code.

(Ord. 4128 § 1 (part), 1993)

It is unlawful for any person under the age of eighteen to be upon the premises of any billiard room or bowling establishment, and no person owning or operating such place shall permit any minor to be upon such prem-ises, except as hereinafter provided:

(a) Persons at least sixteen years of age, but under eighteen years, may be permitted upon the premises from eight a.m. until twelve midnight.

(b) Persons under the age of sixteen years may be permitted upon the premises until ten p.m.

(c) Any owner or operator may establish more restrictive hours for minors, or exclude minors.

(d) The chief of police may require more restrictive hours for minors, or exclude mi-nors, if he determines that inadequate precau-tions exist to prevent the sale, possession or consumption of alcoholic beverages by minors on such premises.

(Ord. 4642 § 2, 2000: Ord. 4128 § 1 (part), 1993)

(a) General Provision. Billiard rooms shall remain closed from two a.m. to five a.m., except as provided in this chapter.

(b) Exceptions. The chief of police may, upon written application therefor, in such form and containing information as the chief requires, issue a special permit to any person, firm, corporation, association or other legal entity, holding a valid permit for a billiard room, allowing the permit holder the right to remain open longer hours than specified in Section 4.52.030, providing that:

(1) The billiard room is on the ground floor;

(2) At least fifty percent of the front wall is of clear glass, unobstructed by blinds, screens, shades or other devices. For the purpose of this subsection, "front wall" means that wall facing the street or, if there is no such wall, that wall facing the area provided for public parking for patrons;

(3) No alcoholic beverages are sold or consumed on the premises during such extended hours;

(4) The general decor, illumination, atmosphere and environment shall be, in the opinion of the chief of police, compatible to the public peace, order, and welfare.

(Ord. 4128 § 1 (part), 1993)

(a) The licensee shall have the right to refuse admission to anyone. Those to whom admission is refused shall leave the premises immediately and shall not return for a period of at least twenty-four hours.

(b) No licensee shall harbor, admit or permit to enter or remain on the premises any person under the influence of narcotics, or any intoxicated person; and no such person shall enter upon or remain upon such premises.

(Ord. 4453 § 8, 1997: Ord. 4128 § 1 (part), 1993)

No licensee, or any other person shall prevent any city, state or federal peace or fire prevention officer, or building official or inspector, charged with the duty of enforcing the laws of their respective jurisdiction, from having free access to the premises at all times it is open to the public, and at all other reasonable times.

(Ord. 4128 § 1 (part), 1993)

(a) No person shall operate a billiard room or bowling establishment unless there is present, at all times it is open to the public, at least one

person twenty-one years of age or older who is devoting his entire time and attention to the activity on the premises.

(b) No person shall be employed in any capacity at any billiard room or bowling establishment unless such person:

(1) Is at least eighteen years of age;

(2) Is of good character;

(3) Has read Sections 4.52.050 - 4.52.080.

(Ord. 4128 § 1 (part), 1993)

(a) All games in billiard rooms and bowling establishments shall be carried on in a single well-lighted and well-ventilated room in plain view of all persons.

(b) All billiard rooms and bowling alleys shall be on the ground floor and have at least one entrance and exit opening upon either the public street or upon the parking area facing the public street.

(c) All billiard rooms commencing operation after April 13, 1967 shall conform to the following: At least fifty percent of the front wall shall be of clear glass, unobstructed by shades, screens or blinds. "Front wall" means that wall facing and visible from the street; if there is no such wall, then that wall facing and visible from the parking area provided for patrons.

(Ord. 4128 § 1 (part), 1993)

(a) The provisions of Chapter 4.04, as well as this chapter, apply to denials, suspensions or revocations of any license required by this chapter. In addition to the general grounds set forth in Section 4.04.140, the following constitute grounds for the denial, suspension, or revocation of a license:

(1) The applicant or licensee made a material misstatement in the application for a license or permit;

(2) The applicant or licensee has, within five years immediately preceding the date of the filing of the application or the date of initiation of any revocation or suspension proceedings, been convicted in a court of competent jurisdiction for violation of any federal, state or other law, ordinance, regulation or requirement related to gambling.

(b) In addition to any other remedy provided by Chapter 4.04, the city manager shall have the right, for any violation of the duties of a licensee, to impose a curfew from the hours of twelve midnight to eight a.m., or such lesser time as he or she may deem appropriate.

(c) Violations of any section of this chapter are misdemeanors.

(Ord. 4128 § 1 (part), 1993)

Licenses required by this chapter shall be issued for one year. The annual fees shall be as set forth in the municipal fee schedule. Any application for a license required by this chapter shall be accompanied by a nonrefundable fee as set forth in the municipal fee schedule.

(Ord. 4128 § 1 (part), 1993)

After the effective date of the chapter establishing this section, no person shall construct, install, relocate, or expand a cardroom, including any cardroom in existence or operation on the effective date of said chapter, provided, that any cardroom lawfully operating on the effective date of said chapter may continue thereafter to operate only pursuant to this section; and provided, further, that all cardrooms shall be prohibited as of July 20, 1993; and it shall be unlawful to operate a cardroom in the city on and after July 20, 1993.

(a) Cardroom Defined. "Cardroom" means any gaming club open to the public for the lawful playing of cards, regardless of whether the tables, chairs, and other furniture and fixtures are temporary or permanent, or at times used for other purposes. "Gaming club" shall have the meaning set forth in the "The Gaming Registration Act," California Business and Professions Code, Chapter 5 of Division 8, as it may from time to time be amended.

(b) Licenses and Permits Required.

(1) The provisions of Chapter 4.04 of this code shall apply to the licensing of cardrooms and to the renewal, suspension, or revocation of licenses.

(2) All dealers and other employees of a cardroom involved in the gaming or gambling operation in said cardroom shall obtain a dealer permit.

(c) Contents of License and Permit Applications.

(1) Any person desiring a license for a cardroom shall file an application for a license with the chief of police. In addition to the requirements of Chapter 4.04 of this code, the application shall contain the following:

(i) Whether alcoholic beverages are to be sold on the premises;

(ii) The name, address, and/or principal place of business of the applicant;

(iii) The business capacity of the applicant (corporation, partnership, sole proprietorship or other);

(iv) The name, address and age of manager or managers;

(v) Location;

(vi) Proposed hours of operation;

(vii) The land use zone applicable to the proposed facility;

(viii) Such other information respecting the proposed facility as the chief of police shall deem reasonably necessary to effectuate the purposes of this section and to arrive at a fair determination of whether there is or will be compliance with the terms of this code.

(2) Any person desiring a dealer permit for employment in a cardroom shall file an application for permit with the chief of police. In addition to the requirements of Chapter 4.04 of this code, the application shall contain the following:

(i) The name and location of the cardroom where the applicant intends to work;

(ii) The name and address of the applicant;

(iii) The proposed employment capacity of the applicant at the cardroom named in subsection (b)(1) above;

(iv) Such other information or identification as the chief of police deems reasonably necessary to effectuate the purposes of this section.

(d) No Minors on Premises. It is unlawful for any minor to be upon the premises of any cardroom, and no person owning or operating such place shall permit any minor to be upon such premises.

(e) Hours of Operation. Cardrooms shall remain closed from two a.m. to five a.m., except as otherwise provided in this section.

(f) Unauthorized Use of Premises - Offensive Conduct in and Around Premises Prohibited.

(1) No licensee shall permit or otherwise allow any conduct, activity, or condition upon the premises which singly or collectively are so noisy or otherwise offensive as to disturb the quiet and good order of the premises or of the neighborhood.

(2) The licensee shall have the right to refuse admission to anyone. Those to whom admission is refused shall leave the premises immediately and shall not return for a period of at least twenty-four hours.

(3) No licensee shall harbor, admit or permit to enter or remain on the premises any lewd or dissolute person, or any person under the influence of narcotics, or any intoxicated person; and no such person shall enter upon or remain upon such premises.

(g) Free Access to Officers. No licensee, or any other person, shall prevent any city, state or federal peace or fire prevention officer, or building official or inspector, charged with the duty of enforcing the laws of their respective jurisdiction, from having free access to the premises at all times it is open to the public, and at all other reasonable times.

(h) Personnel.

(1) No person shall operate a cardroom unless there is present, at all times it is open to the public, at least one person twenty-one years of age or older who is devoting his or her entire time and attention to the activity on the premises.

(2) No person shall be employed in any capacity at any cardroom unless such person:

(i) Is at least eighteen years of age;

(ii) Is of good character;

(iii) Has read subsections (e)-(h) of this section.

(i) Operational Requirements.

(1) All games in cardrooms shall be carried on in a single well-lighted and well-ventilated room in plain view of all persons.

(2) All cardrooms shall be on the ground floor and have at least one entrance and exit opening upon either the public street or upon the parking area facing the public street.

(j) Denial, Suspension or Revocation of License - Other Penalties.

(1) The provisions of Chapter 4.04 of this code, as well as this section, apply to denials, suspensions or revocations of any license or permit required by these regulations. In addition to the general grounds set forth in subsection (m) of this section, the following constitute grounds for the denial, suspension, or revocation of a cardroom license or dealer permit:

(i) The applicant, licensee or permittee made a material misstatement in the application for a license or permit;

(ii) The applicant, licensee or permittee has, within five years immediately preceding the date of the filing of the application or the date of initiation of any revocation or suspension proceedings, been convicted in a court of competent jurisdiction for violation of any federal, state or other law, ordinance, regulation or requirement related to gambling;

(iii) The operation of a cardroom as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations or, in the case of a licensee or permittee, that the actual operation of the cardroom or conduct by permittee does not comply with all such laws;

(iv) The operation of the proposed cardroom is likely to be, or the actual operation of a cardroom or conduct of permittee is, injurious to the health, safety, welfare, and interest of the people of the city;

(v) The applicant is lacking in the background and qualifications to conduct a bona fide cardroom;

(vi) The applicant, licensee, or permittee has violated any provision of this section, or of any ordinance, law, rule or regulation of this or any other public agency which regulates the operation of cardrooms.

(2) In addition to any other remedy provided by Chapter 4.04 of this code, the city manager shall have the right, for any violation of the duties of a licensee, to impose a curfew from the hours of twelve midnight to eight a.m., or such lesser time as he or she may deem appropriate.

(3) Violations of any section of these regulations are misdemeanors.

(k) License and Permit Term and Fee. Licenses and permits required by this section shall be issued for one year, provided, that no permit shall be valid after July 20, 1993. The annual fees shall be as set forth in the municipal fee schedule per table for a cardroom license and for a dealer permit. All fees are nonrefundable.

(l) Table Limit. The number of tables in any cardroom licensed as of the effective date of the chapter establishing this section shall not be increased, except that any such cardroom may have up to five tables. No cardroom shall have more than thirteen tables. A "table" is defined as an area in which a single game is played, not exceeding eight players plus a dealer.

(m) Limit on Locations. No cardroom shall be allowed in the following locations:

(1) Within two hundred fifty feet of the exterior property limits of any public or private elementary school, junior high school or high school;

(2) Within two hundred fifty feet of the exterior limits of any district where residential use is the principal permitted use, including all R districts, HDA and O-S zones, and any P-C or P-F districts where the principal use permitted or maintained is residential, or any successor zones; or

(3) Within one thousand two hundred feet of the exterior property limits of any other premises lawfully occupied by a cardroom, a massage establishment, any establishment subject to the provisions of Chapter 4.55 of this code, except theaters, or by a hot tub/sauna establishment. All distances referred to in this section shall be measured between the closest points on the exterior property lines, or area boundaries of the parcel, or areas involved, except that when a cardroom occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.

theaters, or by a hot tub/sauna establishment. All distances referred to in this section shall be measured between the closest points on the exterior property lines, or area boundaries of the parcel, or areas involved, except that when a cardroom occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.

(n) Financial Disclosure. Every cardroom licensee and every applicant for a cardroom license shall disclose the following information:

(1) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. The names and addresses of every person deriving a profit, or holding any position of management or control shall be disclosed.

(2) A sale or transfer of any interest in a cardroom, which interest would be required to be reported upon application for a cardroom license, shall be reported to the chief of police prior to such sale or transfer. The chief of police shall investigate any person receiving any interest in a cardroom as a result of such sale or transfer, and if such person satisfies the requirements relating to cardroom license applicants, the chief of police shall give written approval to such transfer or sale. A nonrefundable fee as set forth in the municipal fee schedule shall be paid to the city for the investigation by the chief of police necessitated by each such sale or transfer.

(3) All indebtedness of the cardroom business exceeding one percent of the book value of the business shall be disclosed in writing to the chief of police within ten days after such indebtedness exists, excluding indebtedness from commercial lending institutions or trade creditors.

(o) Loans Prohibited. No cardroom licensee, nor any other person required to disclose information under these regulations, shall loan money or any other thing of value or representing value to any player at any game in a cardroom.

(p) Notification of Terminated Employees. Every cardroom licensee shall notify the chief of police within two working days after any employee is terminated for any reason.

(q) House Players Prohibited. No cardroom licensee, nor any person employed in a cardroom, shall play any game in a cardroom in the city, whether off duty or not, and without regard to whether such person is employed, staked or financed by a cardroom licensee or any person required to disclose information under this section.

(r) Incentives Prohibited. No cardroom licensee shall furnish any gratuity or incentive to any player in a cardroom, or to any person, as an inducement to play or to continue playing. Such incentives or gratuities include, but are not limited to alcoholic beverages, food, coffee, chips, or any other thing of value. The term "incentive or gratuity" means without charge to the recipient, or at a price or other consideration below that normally charged by the establishment for such item.

(Ord. 4128 § 2, 1993)