Chapter 5.24 — GAMING AND AMUSEMENTS

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

A.

"Bar attendant" means any individual employee (male or female) hired by an operator to perform services within said premises such as bartending or waiting on tables. This excludes employees hired as individual dealers at individual card tables or security officers.

B.

"Employee" means any individual working as an agent, servant, or employee in, about, or upon any premises where gaming tables are located.

C.

"Gaming table" means and includes any table, counter, or other instrumentality upon which cards or other games of skill are played.

D.

"Operator" means any individual, partnership, or joint venture owning or operating gaming tables upon any premises.

E.

"Premises" means and includes any place, room or building where gaming tables are located and which place, room or building shall be entirely separate, by partitions or doorways capable of being closed and locked, from any business other than that of operating a cardroom.

F.

"Quarter" means a three-month period, the first such period being the first three months of the fiscal year, July 1st to September 30th of each year; the second quarter shall be the ensuing three months of the fiscal year, October 1st to December 31st of each year; the third quarter shall be the ensuing three months of the fiscal year, January 1st to March 31st of each year; and the fourth quarter shall be the ensuing three months of the fiscal year, April 1st to June 30th of each year.

G.

"Year" means the fiscal year from each July 1st to June 30th next succeeding.

(Ord. 82-01 §2(part), 1982: Ord. 79-1 §2(part), 1979).

A.

It is unlawful for any person, partnership, or joint venture to operate, conduct, or maintain any gaming table within the city without having first obtained from the council a license therefor and having paid the fees provided for in this chapter.

B.

It is the opinion of the council that the public health, safety, and welfare requires that cardroom licenses be issued only to and in the names of individuals, and that, therefore, no cardroom license of any kind shall be issued to a corporation.

(Ord. 79-1 §2(part), 1979).

A.

It is unlawful for any person, partnership or joint venture to operate, provide, conduct, or maintain any gaming table for public use within the city without first procuring from the council a license therefor. It is

unlawful for any person to work as an employee on any premises where gaming tables are operated, provided, conducted or maintained without first procuring a license as provided in this chapter.

B.

The application for such license shall be filed with the city clerk in writing on a form to be provided by him. The applicant, at the time of filing such application, shall pay an application fee in the amount of one hundred dollars. In the event a license is denied, the application fee shall not be refunded, nor shall any credit against any other fee chargeable pursuant to the provisions of this chapter be allowed therefor.

C.

No application shall be accepted by the city clerk or considered by the council from any person who has been denied a license pursuant to the provisions of this chapter until at least one year has elapsed after date of denial by the council of such license.

(Ord. 79-1 §2(part), 1979).

A.

Operators. The license fee for an operator's license shall be one thousand dollars per year payable in advance beginning January 1, 1983, plus one hundred dollars per table per quarter payable in advance beginning April 1, 1982. An applicant for an operator's license, in addition to the application fee required by Section 5.24.030 of this chapter, shall pay to the city clerk such yearly fee at the time an application is made for a license. Such yearly license fee shall be refunded in the event an operator's license is denied.

B.

Employees. The license fee for an employee's license shall be fifty dollars for each year, or portion thereof, payable in advance. An applicant for any employee's license shall pay to the city clerk at the time an application is made for a license, in addition to the application fee, the yearly license fee. Such license fee shall be refunded in the event the application for an employee's license is denied.

C.

Due Dates. Each such licensee, between June 1st and June 30th of each year, shall pay to the city clerk, in order to renew such license, the annual license fee provided for the respective type of license held by such licensee.

D.

Forfeit of License—Renewal. Any licensee failing to pay such fee within the time so provided shall automatically forfeit such license, and the city clerk shall not renew the same.

E.

Refunds. No licensee surrendering a license or having a license terminated or cancelled shall be entitled to any refund of all or any portion of any permit fee paid.

(Ord. 82-05 §1, 1982; Ord. 79-1 §2(part), 1979).

The city clerk shall refer all applications for such licenses to the chief of police. The chief of police shall investigate the applicant with particular reference to the applicant's police record and moral character and shall investigate the premises for which the applicant seeks such license. The chief of police shall make a report in writing to the council within thirty days after the referral to him of such application setting forth his findings. All applicants shall furnish their fingerprints to the chief of police and shall answer all questions which the chief of police, or an officer of the police department appointed by him to aid or conduct such investigation, shall ask, either orally or in writing, reasonably pertaining to the investigation.

(Ord. 79-1 §2(part), 1979).

A hearing on any application shall be held at a regular meeting of the council within thirty days after the report of the chief of police is filed with the council. The council may continue such hearing from time to time in its sole and absolute discretion. If it appears to the council, in its sole and absolute discretion, at the completion of the hearing on such application that the best interests of the public will be served by denying such application, such application shall be denied.

(Ord. 79-1 §2(part), 1979).

A.

All licensees existing at the time of the enactment of the ordinance codified in this chapter are eligible to apply for renewal of their licenses, and shall be entitled to continue to renew their licenses until the license is revoked, terminated or abandoned.

It is the intent of the city council that existing licensees shall be eligible to continue as licensees until their licenses are revoked, terminated or abandoned, and that by way of attrition the total number of licenses be reduced to three in number. At such time as only three licenses remain issued and outstanding, then no more than three operator's licenses shall be permitted within the city at any time.

B.

No operator shall be permitted to have more than two gaming tables on the premises operated under his license.

(Ord. 79-1 §2(part), 1979).

A.

Grounds. No employee's license shall be issued or held by any person who is not actually in the employ of an operator, and the license of any person holding an employee's license who ceases to work as an

employee shall be terminated as of the date such employment terminates, subject only to the privilege to transfer employment and the employee's license on the conditions and upon the payment of the fees therefor provided. A license shall be automatically suspended if the holder of such license ceases to actually work or carry on business pursuant to such license in the city. Failure to work under a license for a period of fourteen consecutive days, in the case of any employee, and failure to carry on business for a period of fourteen consecutive days, in the case of an operator, shall be presumptive evidence of cessation to work or operate.

B.

Hearings—Notices. The matter of suspension shall be referred to the council which, at its first regular meeting at least five days after such reference or at any meeting to which the matter shall be continued, shall consider the matter and order such licensee's license terminated in the absence of good cause shown for the failure to so work or operate. The chief of police, and any other employee of the city, having it come to their attention that there has been such failure to work or operate shall bring it to the attention of the city clerk who shall put it on the agenda of the council for its next regular meeting, and the city clerk shall mail a notice of the hearing to the licensee at the address shown on the license.

C.

Notices of Termination. Each operator, within twenty-four hours after the termination of the employment of an employee working for such operator, and within twenty-four hours after an employee has not worked for a period of fourteen days, shall notify the chief of police of the name of such employee and the date such employee last worked.

(Ord. 79-1 §2(part), 1979).

Licenses issued pursuant to the provisions of this chapter shall be deemed a privilege to be extended, and not a right to be granted, and shall be revocable by the council at any time the council, in its sole discretion, finds that the best interests of the public will be served thereby; provided, however, that upon any written charge by any agent of the state or police officer of the city alleging a violation of any law pertaining to the sale or use of alcoholic beverages, or upon the filing of a criminal proceeding in any court by any duly constituted enforcement agent or agency against any licensee for a violation of the provisions of this chapter, or any other law of the city, or any law of the state or of the United States of America pertaining to gambling or gaming, such license shall be automatically suspended, and, upon the conviction of such licensee under such criminal proceeding, such license shall be automatically revoked. In the event such criminal proceeding terminates in any manner other than conviction, such license shall remain suspended until a hearing thereon requested by the licensee before the council at which hearing the council shall determine if such suspension of the license shall be lifted or if such license shall be revoked. In the event such licensee fails to request such hearing within ten days after the disposition of such proceeding in a manner other than conviction, the council, at its first regular meeting at which such matter comes to its attention after such ten-day period, shall order such license terminated.

(Ord. 79-1 §2(part), 1979).

A.

No operator's license shall be issued to any applicant for any premises where there is a liquor license, unless the liquor license is also in the name of the applicant.

B.

Licenses issued pursuant to the provisions of this chapter shall apply and be valid only as and for the individual, partnership, or joint venture to whom issued.

C.

Identification tags or badges shall be issued with each such license in a form prescribed by the chief of police. Each such identification tag shall contain the name and picture of the cardroom operator or employee, the name of the club for which he has been permitted to operate or work, the expiration date of the license, and the signature of approval by the chief of police. Each person to whom such tag is issued shall wear the tag in full view while on the premises for which such license to operate or work is issued. Such identification tags shall be surrendered by any licensee within seventy-two hours after the termination of employment, in the case of an employee, and within seventy-two hours after ceasing to do business under such license, in the case of an operator. In the event of the termination or revocation of such license, the licensee shall immediately surrender the identification tag and license to the chief of police. It is unlawful for any person to violate any provision of this subsection.

D.

Such licenses issued shall be issued to an individual, partnership, or joint venture; provided, however, that all such licenses shall be issued and used only upon the premises described and set forth in the application, and such premises shall be designated upon the license.

E.

Licensees holding such a license may transfer such license from the premises designated on the license only with the approval of the council after an application duly made therefor. Such application shall be made in the manner provided for in the initial application for a license. At the time of the application for such transfer, such licensee, if holding an operator's license, shall pay a fee in the amount of one hundred dollars as and for the fee application for such transfer; provided, however, that in the event the application for a transfer is denied, such fee shall not be refunded. Persons holding an employee's license shall pay a fee in the amount of fifty dollars upon filing such an application for a transfer; provided, however, that such fee for a transfer shall not be refunded in the event such transfer is denied.

F.

No employee license shall be issued unless the person applying for such license shall have proof of the availability to him of employment upon the premises upon which he seeks a license to work. No application for a transfer to another premises shall be granted to an employee unless such employee has proof of the availability of actual employment upon the premises to which a transfer of the license is sought. No

operator's license shall be issued either by an original application or by way of transfer to any person who does not furnish proof of the right, in the event a license is granted, to the possession of the premises upon which the license to operate is requested.

G.

No application may be made, and no license shall be issued, for a license as an operator unless the applicant is a resident of the county. In the case of a partnership, all members of the partnership shall be named on the application and license, and all members of the partnership shall qualify under the residence requirements set forth in this subsection before such partnership may apply for or receive such license.

H.

No license shall be issued to any individual, partnership, or joint venture covering more than one premises.

I.

It is unlawful to operate more than two gaming tables on any premises, whether or not such gaming tables are in use.

J.

No more than three operator's licenses shall be issued and in force at any time in the city.

K.

It is unlawful to have on any premises subject to a license any gaming table in excess of the number of gaming tables licensed pursuant to the provisions of this chapter, whether or not such gaming tables are in use.

L.

Premises and gaming tables subject to a license shall not open prior to six a.m., and shall be closed at two a.m.

M.

No money, check or bill of exchange shall be displayed or allowed in any game played on any gaming table.

N.

No licensee shall allow any game to be played on any premises designated on the license that is otherwise illegal under the California Penal Code.

(Ord. 79-1 §2(part), 1979).

Any premises operating with a gaming license issued pursuant to the provisions of this chapter shall not permit dancing on the premises without first securing a permit therefor in the manner provided in Section

(Ord. 87-3 §1, 1987: Ord. 82-12 §2(part), 1982: Ord. 82-01 §2(part), 1982: Ord. 79-1 (part), 1979).

Operators shall limit the number of bar attendants to five persons per premises.

(Ord. 82-01 §2(part), 1982: Ord. 79-1 (part), 1979).

Every operator shall provide a minimum of one security guard on Saturday and Sunday during hours of operation of each premises licensed under this chapter. The security officer shall be required to file information with the city administrator as to their credentials required under state law.

(Ord. 83-02 §1, 1983: Ord. 82-12 §2(part), 1982: Ord. 82-01 §2(part), 1982: Ord. 79-1 (part), 1979).

A.

Every operator licensed under this chapter shall secure and maintain a silent alarm system which shall connect directly with the police department and be operative during hours of operation.

B.

This section is suspended until such time that the Parlier police department is reestablished.

(Ord. 83-02 §2, 1983; Ord. 82-01 §2(part), 1982: Ord. 79-1 (part), 1979).

All premises licensed under this chapter shall maintain lighting systems and equipment on the interior and exterior of the premises sufficient to illuminate the area and identify persons occupying same.

(Ord. 82-01 §2(part), 1982: Ord. 79-1 (part), 1979).

All operators and employees licensed under these provisions shall comply with all other codes applicable to such premises, including, but not limited to, electrical, plumbing and fire codes (with occupancy limits as established therein). Any violations of any other code provisions shall be grounds for termination of a license as set forth in this chapter.

(Ord. 82-01 §2(part), 1982: Ord. 79-1 (part), 1979).

A.

It is unlawful for any person, partnership, or joint venture operating, conducting, or maintaining any gaming table within the city to license any person under the age of twenty-one years to engage in any game at such table or to be in or upon the premises where such gaming tables are being operated, conducted or maintained.

B.

It is unlawful for any licensee in charge or control of any card game operating pursuant to any license held or issued pursuant to the provisions of this chapter to permit any person to play in any game subject to a license at any time while such person appears to be or is under the influence of intoxicating liquor or drugs, and it is unlawful for any person under, or who appears to be under, the influence of intoxicating liquor or drugs to play in any such game. It is unlawful for any such licensee to permit any person under, or appearing to be under, the influence of intoxicants or drugs to be on any premises where games subject to a license are played, and it is unlawful for any person under, or appearing to be under, the influence of intoxicants or drugs to be on any premises where games subject to a license are played.

C.

No licensee shall play in any card game, or be in charge or control of any card game, or be on the premises on which any card game is being played while such licensee is under the influence of intoxicating liquor or drugs.

D.

It is unlawful for any operator to employ any person to work in a cardroom or to compensate or give anything of value to any person for being in or about a cardroom, unless such person has a valid employee's license authorizing such person to be employed on the premises. It is unlawful for any operator to permit or allow any person to do any act or perform any work on behalf of such operator unless such person has a valid employee's license allowing such person to work on the premises of the operator.

(Ord. 79-1 §2(part), 1979).

All operators shall keep good and accurate business records of all their business operations, including all income and expenditures, and shall make such records available to the chief of police or any other person designated by him, or any other person designated by the council to check, review or audit such records.

(Ord. 79-1 §2(part), 1979).

All initial licenses issued under this chapter shall expire no later than June 30, 1979, and all initial fees required under this chapter shall be prorated to reflect the initial license period.

(Ord. 79-1 §2(part), 1979).