Chapter 5.08 — CARD AND BILLIARD ROOMS

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Editor's note— Ord. No. 1006 N.S., § 2, adopted July 15, 2014, amended ch. 5.08, §§ 5.08.010—5.08.095, in its entirety. Former ch. 5.08 pertained to similar subject matter and was derived from Ord. 782 N.S. § 1 (Exh. A (part)), adopted 1999 and Ord. No. 965 N.S. § 1 (Exh. A), adopted March 2, 2010.

It is unlawful for any person to engage in or carry on, in the city, any billiard parlor, pool room or card room, without first securing a permit and procuring a license as herein prescribed.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

Applicant. "Applicant" shall mean every person who applies for a license to operate a card room and every individual who requests a permit as provided for by this chapter.

Billiard Parlor. For the purpose of this chapter, a "billiard parlor" or "pool room" includes a fixed place of business of any kind where billiards, pool, snooker or eight-ball or other similar games tables are maintained on the premises, whether or not coin operated.

Card Games. "Card games" as used in this chapter means all forms of card games authorized by the State of California.

Card Room. "Card room" as used in this chapter means any building or structure, or any portion of a building or structure, or any premises or place where any person or persons are allowed to play a card game as defined in this section.

Card Table. "Card table" as used in this chapter means a table within a business premises where there is carried on any card game for compensation which game is not unlawful under the provisions of California Penal Code section 330, or any other provision of law.

Chief of Police. "Chief of police" shall mean the chief of police and his/her designee.

Employee. "Employee" shall mean every individual, employed either as an agent, employee, or otherwise, of the licensee, as defined in this section, or under the direction and control of the licensee of any card room, with or without compensation. Anyone who is required to routinely enter into the card playing area during the course of his or her duties is considered an employee. The term "employee" does not include a bartender, culinary worker or other person not directly connected with the card room operation.

License. "License" as used in this chapter shall mean a grant from the city council authorizing a person as defined in this section to operate a card room within the City of El Paso de Robles.

Licensee. "Licensee" shall mean the person, as defined in this chapter, to whom a card room license has been issued pursuant to this chapter.

Person. "Person" shall mean and include any individual, partnership, corporation or combination, business entity or combination thereof.

Work Permit. "Work permit" shall mean a grant of permission from the chief of police to an individual allowed by this chapter to work as an employee in a card room within the City of El Paso de Robles.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

To apply for a card room license, a person shall take the following steps:

A.

Every applicant for a license shall first obtain a state gambling license as required by the Gambling Control Act (Business and Professions Code section 19800 et seq.) and the implementing regulations (California Code of Regulations, Title 11, Division 3, Chapter 1, Article 1, section 2000 et seq.). Every applicant shall fully comply with the Gambling Control Act ("Act") and the implementing regulations including, but not limited to, section 2050 that requires an owner of key employee, as defined by the Act, to be on the premises, at all times that the establishment is open to

the public unless the Bureau of Gambling Control authorizes availability by telephone. Key employees must obtain a key employee license as required by the Act.

B.

File with the city clerk a written application, signed by the applicant, setting forth the nature of the business that he or she wishes to engage in and the place where he or she proposes to establish such business, including the particular building, and room or rooms.

C.

The true and correct name and address of each applicant of the building or structure within which the card room is proposed to be maintained shall be included with the license application. Written consent from the owner of the building or structure is required on the application.

D.

Submit a bond by an authorized surety company to be approved by the city council in the penal sum of five hundred dollars payable to said city. The following condition shall be added to a card room license regarding the bond, when approved by the city:

Neither the applicant nor any one in his/her employ in such business will violate any ordinance of this city or any law of this state, or of the United States of America, or any political subdivision or agency thereof, during the time for which said license is granted. That upon a violation of the condition of said bond the same shall be and become due and payable to said city and the penalty thereof may be recovered in a civil action. The conviction of, or plea of guilty by, the person to whom such license is issued, or any one in his employ in such business for the violation of any such ordinance or law, shall ipso facto work a forfeiture of said bond, and any such conviction or plea of guilty shall be conclusive evidence of such forfeiture, and in the event of such conviction or plea of guilty the license shall be canceled.

E.

That the applicant verify with the planning division, that the subject property zoning would permit the proposed card room use.

F.

A statement that the applicant understands and agrees that the application shall be considered by the city council after a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the chief of police, other city officials or their authorized representatives. A statement that the applicant authorizes the city or its authorized agents to update the investigation and background information on an annual basis if the application is approved.

after a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the chief of police, other city officials or their authorized representatives. A statement that the applicant authorizes the city or its authorized agents to update the investigation and background information on an annual basis if the application is approved.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

The city council may, if satisfied with the form of application and bond, and that the applicant is a citizen of the United States, over the age of twenty-one years and of good moral character, order issued to the applicant the license applied for upon the payment of fees as established by city council resolution.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

A.

Number of Establishments and Tables Limited. No license shall be granted to any applicant to conduct card games if three such places are already licensed or being operated within the city limits and no license shall be granted for more than three pool, snooker, eight-ball or similar tables in a place of business where liquor is sold for consumption on the premises pursuant to an on-sale general alcoholic beverage license.

B.

Standards for Issuance.

No more than a total of three card rooms shall be licensed to operate within the city under provisions of this chapter.

No more than six card tables shall be operated and maintained within any single business premises within the city, for a total table limit within the city of eighteen tables.

No card table license shall be issued unless the location for the card room(s) is in compliance with all applicable zoning and building regulations of the city.

No card room license shall be transferable to another location or to another person or entity without the prior approval of the city council.

No card room license shall be issued to any person who has been convicted of any felony, nor to any association, partnership or corporation of which any owner thereof has been convicted of a felony.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

A.

Card room employees must obtain a card room work permit from the chief of police or his/her designee of the City of El Paso de Robles. For the purposes of this chapter, "card room employees" are defined to include dealers, overseers and others directly connected with the operation and supervision of card tables, and excludes waitresses, waiters, bartenders, culinary workers and others not connected with such operation and supervision. Applications for card room work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant, and such information as may be deemed necessary by the chief to determine whether the applicant is a proper person to be issued a card room work permit. The application also shall be accompanied by fingerprints, a recent photograph of the applicant and an amount equal to any fingerprint processing fee required by the city.

B.

A card room work permit shall not be issued to any person who would be disqualified from holding a state gambling license for the reasons specified in Business and Professions Code section 19859 (a) through (g), or regarding whom the Bureau of Gambling Control of the State of California has filed an objection to the city.

C.

The chief of police or his/her designee may deny issuance of card room work permit for any further cause deemed reasonable by the chief. The action of the chief denying a card room work permit on the basis of this section shall be subject to appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten days after the notice of denial of the permit. Upon failure to file notice of appeal within the ten-day period, the action of the chief denying the permit shall be final and conclusive.

D.

Card room work permits shall be prominently displayed in the card rooms by any card room employees when they are working.

E.

Each application for a card room work permit shall be accompanied by a fee as established by city council resolution. The fee shall not be returned in the event that the permit is refused, revoked, or suspended, as provided in this chapter. The permit shall be valid for one year from the date of issue; however, it may be prorated quarterly. The date of expiration shall be prominently displayed on the face of the permit.

F.

The holder of a card room work permit shall not be restricted as to place of employment.

G.

A statement that the applicant understands and agrees that the application shall be considered by the city council after a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the chief of police, other city officials or their authorized representatives. A statement that the applicant authorizes the city or its authorized agents to update the investigation and background information on an annual basis if the application is approved.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

The chief may revoke or suspend, and take possession of any card room work permit issued under this chapter, upon any violation of the provisions of this chapter. The action of the chief shall be subject to appeal to the council. Notice of such appeal shall be filed with the city clerk within ten days after notice of the revocation or suspension action. Upon failure to file notice of appeal within the ten-day period, the revocation or suspension of the card room work permit shall be final and conclusive.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

The city council shall have the right to revoke any card room license when the possessor thereof has violated, or permitted the violation of, any of the terms of this chapter. The city council may also revoke any card room license when the business being operated is not being conducted in accordance with the public health, safety or welfare or when, in the discretion of the city council, it is found that the continued operation of said business will create or is creating a policy problem to the city. Prior to revoking any card room license, the city council shall cause to be served on the applicant a notice of its intention to do so at least five days prior to the date upon which it intends to consider the matter of such revocation, and also stating the right of the licensee to appear before the city council and to show

cause why such licensee should not be revoked. The decision of the city council with respect to such revocation shall be final.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

All card rooms shall be permitted to operate twenty-four hours a day. If alcohol is served on the premises (with the proper licenses from the Department of Alcohol Beverage Control), all alcoholic beverages shall cease being served between the hours of two o'clock a.m. and six o'clock a.m. each day.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

The city council finds that it is necessary and in the public interest that law enforcement officers have access to any premises in which a card table is being operated under the terms of this chapter, in order to insure that the terms of this chapter are being complied with. Any premises for which a license has been issued under the provisions of this chapter shall be deemed to constitute a public place, and all police officers and peace officers shall at all times have access thereto during business hours.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

No person under the age of twenty-one shall be employed in or allowed to frequent, remain in or visit any room or, premises wherein is conducted or operated any card table licensed under the provisions of this chapter.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

Any business licensed under this chapter that retails merchandise shall also obtain a gross receipts license as provided under Chapter 5.04 (Ord. 226 N.S. § 3, 1959) subsection, sentence, clause, or phrase thereof.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

A.

Each applicant for a card room license, at the time of application, and annually thereafter, at the time of card room license renewal, shall present a plan for security and safety of patrons of the card room in and around the card room establishment. The plan shall set forth such provisions as are necessary to ensure the safety and security of patrons, including measures taken or instituted to avoid follow home robberies. The holder of a card room license shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of a card room licensee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the card room establishment for the preceding year.

B.

The chief or his/her designee may require, in his or her discretion, all card room licensees to implement reasonable security measures to insure the safety of patrons including, but not limited to, hiring private uniformed security

guards. If security guards are required, the chief shall determine the number and hours of coverage.

C.

During all hours of operation, doors at the card room establishment shall be unlocked and accessible to the general public and open to police inspection. Card rooms shall be located and so arranged that card tables and the players at the tables are plainly visible from the door opening of the card room when the door is opened. No wall, partition, screen, or similar structure between the front door opening and any card table located in the card room shall be permitted if it interferes with such visibility.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

Any violation of this chapter shall constitute a misdemeanor, and any person found guilty thereof shall, upon conviction or plea of guilty, be punished by a fine pursuant to Chapter 1.02 or by imprisonment in the jail of said city, or in the jail of the County of San Luis Obispo, for not more than three months, or by both such fine and imprisonment, and when a fine is imposed the judgment may direct that the defendant be imprisoned in said county jail till such fine is satisfied at the rate established by the county.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

A.

The wagering limit shall be five hundred dollars per hand except for "Texas Hold 'Em Poker," for which there shall be no limit per hand unless a limit is established by the State of California. No card room owner, operator, or employee shall permit any of the following:

A person making aggregate bets in excess of five hundred dollars in the same hand, except for Texas Hold 'Em poker for which there shall be no limit per hand unless a limit is established by the State of California.

Simultaneous hands or betting squares by the same player.

Bets made by any owner, operator, or employee while on duty. Employees who are off-duty may participate in a game subject to the following conditions:

a.

Any bets placed must solely be from their own personal money; and

b.

Any participation is limited solely to initiate or maintain a minimum number of eligible participants at a table.

Bets made by a shill or dummy player.

B.

Wagering at any table shall be limited to table stakes. No side bets shall be permitted. Table limits and game rules shall be posted in a location observable from the table. The card room shall set individual table stake limits, not to exceed the wagering limit. Table limits may be changed with not less than thirty minutes notice to the patrons.

(Ord. No. 1006 N.S., § 2, 7-15-2014)

Any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a card room license in the city, and all the provisions of this chapter applicable to new and original applications shall apply. Pursuant to Chapter 21.32, card rooms are required to obtain a conditional use permit, which permit may be revoked if a transfer or assignment of any license under this chapter is transferred to another person or entity without the prior approval of the city council.

(Ord. No. 1006 N.S., § 2, 7-15-2014; Ord. No. 1146 N.S., § 3(Exh. A, § 3), 10-1-2024)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

(Ord. No. 1006 N.S., § 2, 7-15-2014)