Chapter 5.16 — CARDROOMS

For the purpose of this chapter:

A.

"Cardroom" means 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.

B.

"Gambling" means the playing of any game with cards or otherwise, or the playing of any contrivance or device, mechanical or otherwise, for money, credit, merchandise or other things of value. (Ord. 129 §5.16.010, 1985)

It is unlawful to gamble in the town or for a person to permit gambling on any premises occupied, leased or owned by him or under his control, except as otherwise provided in this chapter. (Ord. 129 §5.16.020, 1985)

The game of draw poker, including lo-ball poker, is permitted when played in a cardroom or other facility having a cardroom license, or in private residences when such games are not open to the public. A game is open to the public when participation is permitted other than by direct invitation of the tenant of the residence or those present. (Ord. 129 §5.16.030, 1985)

It is unlawful for any person, for himself 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 town without first having secured a license from the town to do so in accordance with the provisions of this chapter. (Ord. 129 §5.16.040, 1985)

A.

At no time shall there be issued and in effect cardroom licenses for more than eight card tables divided among the total number of cardrooms in existence within the town and subject to this chapter; provided, however, that if and when any existing license is surrendered, revoked or not renewed as required by the provisions of this chapter, the maximum number of card tables may be reduced at the discretion of the town council.

B.

If a licensee does not actually operate the number of permitted card tables for a period of thirty consecutive days, the number of permitted card tables under the license shall be reduced by the number of card tables not used. (Ord. 285 §1, 1997: Ord. 129 §5.16.045, 1985)

A.

An application for a license, as required in this chapter, shall be completed and filed with the police department upon such forms as may be furnished by the police department.

B.

The application shall set forth and include the following:

The location of the cardroom for which the license is requested, including a specific description of the building or structure, or portion of the building or structure, within which the cardroom is to be maintained;

The true and complete name and address of each owner of the building and/or structure within which the cardroom is proposed to be maintained;

The types of card games proposed to be played within the cardroom;

The true and complete name, home and business address of the applicant;

The complete name and address of each person to be employed in the cardroom to the extent that such information is known at the time the application is filed;

The complete name and address of all persons financially interested in the business. "Persons financially interested" includes all persons who share in the profits of the business on the basis of gross or net revenue;

A statement of past criminal record by the applicant, all employees and other persons financially interested in the business;

A photograph, physical description and clearly identifiable set of fingerprints of the applicant, all employees and other persons financially interested in the business;

A statement as to whether the applicant has had any permit or license to establish, operate or maintain a cardroom revoked or denied, the date and jurisdiction of the revocation or denial, and the reason therefor;

A statement that the applicant understands and agrees that the cardroom established or maintained under any license issued pursuant to the application filed shall be established, operated, managed and maintained in full conformity with the regulations of the town, and the laws of the state, and any violation of such regulations or law in the cardroom shall render the license therefor subject to suspension or revocation;

A statement that the applicant understands and agrees that the chief of police, or a designated representative thereof, shall have access to the cardroom premises and to the business records of the applicant for the purpose of investigating compliance with the provisions of this chapter and all other applicable laws and regulations, and the applicant consents to any such search and consequential seizure;

Such other information as the applicant considers pertinent;

The number of card tables to be used. (Ord. 285 §2, 1997: Ord. 129 §5.16.050, 1985)

A.

The police department shall accept any application which contains all of the information required by Section 5.16.050 and for which all applicable fees have been paid.

B.

The police department shall investigate, or cause to be investigated, the contents of the application for the purpose of determining whether any applicant, employee or other persons financially interested in the business has been convicted of any crime which would constitute grounds for denial of the application as defined under Section 5.16.080.

C.

A copy of the application shall be forwarded to the fire department. The fire department shall investigate, or cause to be investigated, the information set forth in the application, and determine whether or not the proposed use conforms to all applicable fire laws and regulations. The fire department shall report their findings to the police department. (Ord. 129 §5.16.055, 1985)

A.

The applicant for a cardroom license shall deposit a license fee with the application. If the application is granted, the entire fee shall be retained by the town. If the application is denied, the town shall retain only that amount necessary to cover administrative costs associated with the processing of the application, and the balance to be refunded to the applicant. Both the amount of the license fee and the amount to be retained by the town in the event of denial of the application shall be established by town council resolution.

B.

A license issued pursuant to the provisions of this chapter shall be valid for a term of one year from the date of issuance. (Ord. 129 §5.16.060, 1985)

The licensee shall notify the police department in writing and within fourteen days of any change in the information required in an application for license issuance or renewal as provided in Section 5.16.050. (Ord. 129 §5.16.065, 1985)

A.

Except as otherwise provided in this section, no cardroom license or any table operated under a cardroom license may be sold, transferred or assigned by the licensee or by operation of law, to any other person, persons, or legal entity, and any such sale, transfer, or assignment or attempted sale, transfer or assignment, shall be deemed a voluntary surrender of the license, which license shall thereupon be terminated and void; provided, that if the licensee is a partnership and one or more of the partners dies, the surviving partner or partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without affecting a surrender or termination of the license. A license issued to an individual shall terminate with the death of the individual. No person shall be granted a license to conduct more than one cardroom.

B.

A licensee may not incorporate after approval of the license. Any such incorporation, or attempted incorporation, shall be deemed a voluntary surrender of the license, and the license shall thereupon be terminated. (Ord. 129 §5.16.070, 1985)

No cardroom license shall be issued unless evidence is presented that the subject cardroom complies with all applicable zoning regulations. (See Title 17 of this code, zoning.) (Ord. 178 §1 (B), 1988)

The police department shall issue the license applied for unless it appears that one of the following facts exists:

A.

The total number of card tables that would be maintained within the town, should the application be approved, exceeds the number authorized by Section 5.16.045; or

B.

The applicant is a corporation; or

C.

The report of the fire department indicates that the application would result in a violation of the laws or regulations it administers; or

D.

The police department determines that:

Approval of the application would aggravate the crime problems in the area where the cardroom is proposed, or otherwise be detrimental to the crime prevention efforts of the police department,

The applicant is unfit to be entrusted with the operation of a cardroom business because of prior criminal convictions, prior license or permit history, business and credit history, or that the application contains false statements knowingly made. In the consideration of criminal history, the applicant's record must be free of any convictions involving gambling, larceny, usury, bribery, extortion, bookmaking, fraud, prostitution, pimping, pandering, any narcotics violations and/or crime involving moral turpitude;

E.

The action of the police department in denying or approving such a license shall be subject to an appeal to the town council. Notice of the appeal shall be filed with the town clerk within ten days after denial of the

license. Upon failure to file such notice within the ten-day period, the action of the police department in denying or approving the license shall be final and conclusive. (Ord. 129 §5.16.080, 1985)

If any licensee shall not daily operate the cardroom licensed thereby during the usual hours of operation for at least eleven months of each year, the police department shall revoke and cancel such license. (Ord. 129 §5.16.090, 1985)

Notwithstanding the limitation imposed on the number of card tables set forth in Section 5.16.045, each valid, unrevoked and unexpired cardroom license heretofore issued by the town under predecessor regulations shall expire sixty days from the effective date of the ordinance codified in this title, and shall be subject to application for renewal within the time and manner provided by Section 5.16.050. (Ord. 129 §5.16.095, 1985)

The actual cardroom license granted by the town shall be visibly displayed on a wall, or similar structure, so as to be in the full view of patrons seated at the cardroom tables. Placement of the license will be at least five feet above the level of the floor but no higher than six feet above the floor. (Ord. 129 §5.16.096, 1985)

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 police department 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. (Ord. 129 §5.16.100, 1985)

Cardroom employees must obtain a work permit from the police department. "Cardroom employees," for the purpose of this chapter, means 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. (Ord. 129 §5.16.110, 1985)

Applications for work permits for cardroom employees shall be submitted under oath and contain the past criminal records, if any, of the applicant. The application shall also be accompanied by fingerprints, a photograph and a physical description of the applicant. (Ord. 129 §5.16.120, 1985)

Each person registered as a cardroom employee or agent shall notify the police department in writing and within fourteen days of any change in the information required by Section 5.16.120. (Ord. 129 §5.16.121, 1985)

The employee work permit (dealer permit) shall be visibly displayed on the employee and affixed to the left breast pocket area. The permit shall be displayed any time that the employee is present on the premises whether it is their work time or not. This is to insure that any and all patrons will be able to readily recognize any employee of the cardroom. (Ord. 129 §5.16.125, 1985)

The police department shall deny to such applicant a work permit if the applicant has within a period of ten years prior to the application been convicted of any crime involving gambling, larceny, usury, bribery, extortion, bookmaking, fraud, prostitution, pimping, pandering, any narcotics violations and/or any crime involving moral turpitude. (Ord. 129 §5.16.130, 1985)

The action of the police department in denying such a work permit shall be subject to an appeal to the town council. Notice of such appeal shall be filed with the town clerk, within ten days after the denial of the work permit. Upon failure to file such notice within the ten-day period, the action of the police department in denying such work permit shall be final and conclusive. (Ord. 129 §5.16.140, 1985)

An employee work permit issued pursuant to this chapter shall be valid for a period of one year. The applicant for an employee work permit shall submit, along with the application, a nonrefundable fee in an amount to be determined by resolution of the town council. Only one such work permit shall be required each year, even though the holder of the work permit may change his place of employment within the town. (Ord. 129 §5.16.150, 1985)

The police department shall have the right for cause to revoke or suspend any cardroom work permit issued under this chapter and to take possession of such permits. Any of the grounds upon which the police department is 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 any provision of this chapter shall also constitute grounds for revocation or suspension of such license or work permit. The action of the police department in this respect shall be subject to an appeal to the town council. Notice of such appeal shall be filed with the town clerk within ten days after the revocation or suspension. Upon failure to file such notice within the ten-day period, the action of the police department in revoking or suspending the license or work permit shall be final and conclusive. (Ord. 129 §5.16.160, 1985)

It is unlawful to operate a cardroom in violation of any of the regulations and rules set out in this chapter. (Ord. 129 §5.16.170, 1985)

Not more than one cardroom shall be located at any one address. (Ord. 129 §5.16.180, 1985)

If the proposed cardroom is located in any building or structure, or any portion of a building or structure, wherein alcoholic beverages of any type are sold or dispensed, the cardroom shall be separated from the tavern section of the building or structure, by means of a solid, floor-to-ceiling wall, and accessible only by means of a doorway which shall remain in the closed and unlocked position. (Ord. 129 §5.16.185, 1985)

Cardrooms shall be located and so arranged that card tables and the players at the tables are 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. (Ord. 129 §5.16.190, 1985)

No licensee or any other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, loan any money, check or anything of value, to any person who is playing, or intends to play, any card game. (Ord. 129 §5.16.191, 1985)

No licensee or any other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, extend credit to any person who is playing, or intends to play, any card game. (Ord. 129 §5.16.192, 1985)

No licensee or any other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, purchase or agree to purchase, any real or personal property from any person who is playing, or intends to play, any card game. (Ord. 129 §5.16.193, 1985)

No licensee or any other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, charge any fee to cash a check of any person who is playing, or intends to play, any card game. (Ord. 129 §5.16.194, 1985)

No licensee or other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, communicate in any way, whether verbally or nonverbally, to any other person, whether playing a card game or not, any information concerning the cards held, or the card game being played, by any person in the cardroom. (Ord. 129 §5.16.195, 1985)

No licensee or any other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, engage in, or permit any other person on the premises to engage in, any act that violates the laws of the state. (Ord. 129 §5.16.196, 1985)

No licensee or any other person in charge or control of any cardroom shall, nor shall any employee or agent of the licensee or person, permit or allow any person under the age of twenty-one years at any time to be in or upon the cardroom premises. (Ord. 129 §5.16.200, 1985)

All cardrooms shall be closed at five a.m. and shall remain closed until nine a.m. Cardrooms may operate seven days a week. (Ord. 129 §5.16.210, 1985)

All cardrooms shall be open to police inspection during all hours of operation. (Ord. 129 §5.16.220, 1985)

During hours of operation, doors must be unlocked and accessible to the general public. (Ord. 129 §5.16.230, 1985)

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 supervision. (Ord. 129 §5.16.240, 1985)

There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating that no game except pangini, lo-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 in this chapter as the chief of police may require, including the amount of the time-charge for participation. (Ord. 129 §5.16.250, 1985)

No licensee or any other person in charge or control of any cardroom shall permit any person to enter or remain on the premises of the cardroom or to play any card game permitted by the provisions of this chapter while such person is under the influence of any intoxicating beverage, narcotic or dangerous drug. (Ord. 129 §5.16.260, 1985)

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 retained by operator. Nothing in this section precludes

the reasonable designation of a portion of each lo-ball pot to be used as a progressive jackpot. The progressive jackpot shall be awarded in those cases where the second best hand holds a 6-4 (ace, deuce, trey, four-six). The operator shall advise each player with regard to the progressive jackpot. No player shall be required to contribute. A player who does not contribute may not be eligible for the jackpot. The operator shall maintain a strict accounting of all amounts retained for use in a progressive jackpot. (Ord. 129 §5.16.270, 1985)

No operator nor employee may use a "shill" in any card game unless a work permit is obtained under Section 5.16.110 and a copy of the same is posted in a conspicuous place on the premises. (Ord. 129 §5.16.280, 1985)

No cardroom operator or employee shall solicit or induce a person to participate in a card game by offering or providing to such person free food or drink. (Ord. 149 §1, 1986: Ord. 129 §5.16.290, 1985)

It shall be illegal to have money on any card table or to use money in any card game. (Ord. 129 §5.16.300, 1985)

Operators and employees are required to exhibit their permits on demand of any law enforcement officer. (Ord. 129 §5.16.310, 1985)

The town council 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. 129 §5.16.320, 1985)

Any person who violates any provision of this chapter is guilty of a misdemeanor. Each and every violation shall constitute a separate offense. (Ord. 129 §5.16.330, 1985)

In addition to the legal remedies provided for in this chapter, the operation of any cardroom in violation of the provisions of this chapter or other applicable laws and regulations is deemed a public nuisance and the town may bring an action in any court of competent jurisdiction to enjoin such violation. (Ord. 129 §5.16.340, 1985)