Petaluma Municipal Code Ch. 6.20 Cardrooms

Every person before becoming employed to conduct or operate the business regulated by this chapter, shall

register with the chief of police in a register kept for that purpose the fact of such intended employment, setting

forth the name and address of such person. Every person possessing or conducting the business described in this

chapter shall employ, for the conduct of such business, only persons who have registered with the chief of police

for such employment. (Ord. 32 NCS §5; prior code §8.1.)

A. A copy of this section, bearing the title "Operating Regulations," shall be posted conspicuously in every room

in the establishment of such person in which card tables are used.

B. No person who is intoxicated or under the inSuence of alcohol shall be permitted to participate either directly

or indirectly in any game conducted or permitted or any of his employees.

C. The fees charged by the operator to players shall be posted conspicuously in letters at least one inch high.

(Ord. 1912 NCS §6, 1992; Ord. 1417 NCS §1, 1980; Ord. 1024 NCS §1; Ord. 32 NCS §7; prior code §8.2.)

The chief of police shall have the responsibility and duty of the enforcement of this chapter. He shall make

frequent inspections of the premises for which a permit is issued. (Ord. 32 NCS §8; prior code §8.3.)

The provisions of this chapter shall not apply to any room or place in which tables are used or oUered for use for

the playing of cards belonging to or operated by any recognized fraternal or social organization, whose

membership is restricted to persons regularly and formally elected to membership therein and paying regular

dues to such organization. The exemption provided for in this section shall not apply to any organization

organized or maintained solely for the purpose of conducting or permitting the conduct of card games. (Ord. 32

NCS § 1; prior code §8.4.)

This chapter shall not be construed to permit and the same is declared to prohibit the playing of any games or the

operation of any devices prohibited by the provisions of Section 330 of the Penal Code of the state. All oTcers

entrusted with the enforcement of this chapter are prohibited from granting any license or permit or collecting

any fee from any person to carry on, conduct, open or cause to be opened any games which are forbidden or

prohibited by Section 330 of the Penal Code. (Ord. 32 NCS §1; prior code §8.5.)

It is unlawful for any person to keep or maintain, or to permit to be kept or maintained, in any place or premises

owned or controlled by such person in the city any table which is used or oUered for use by the public for the

playing of cards for or from which any revenue or charge is derived by such person, without Rrst obtaining a

permit and paying a fee for each such table. It shall be presumed that all tables situated in any establishment or

place where any table is used or oUered for use by the public for the playing of cards, are being so used or

oUered. The burden of proving that any table located in any such establishment or premises has not been and is

not so used or oUered shall be upon the person owning or controlling such establishment or premises. (Ord. 32

NCS §1; prior code §8.6.)

Any person desiring a permit required by Section 6.20.060 shall make application to the city therefor, upon forms

to be provided by the city. Such application shall be Rled at the central permit bureau in the city hall. The

application shall set forth the following information:

A. The number of tables for which the permit is requested and their proposed location;

B. The name and address of the owner or the person who desires to keep or maintain such tables;

C. Any other data or information required by the city manager or police chief.

(Ord. 32 NCS §2; prior code §8.7.)

A copy of the application mentioned in the preceding section shall be furnished to the chief of police, who shall

immediately thereafter inspect, or cause to be inspected, the premises at which the tables are to be maintained.

He shall also investigate or have investigated the moral character and reputation of the applicant. He shall prepare

and Rle a written record of such inspection and investigation, and furnish a copy thereof to the city manager. (Ord.

32 NCS §2; prior code §8.8.)

If the inspection and investigation made pursuant to Section 6.20.080 indicates that the applicant there mentioned

is of good moral character and reputation, the chief of police may approve the application of such person for a

public card table permit. Upon the approval thereof by the city manager such a permit shall be issued.

An application for a public card table permit may be denied by the chief of police on any of the following grounds:

A. That the applicant does not have a good business reputation or a good general reputation;

B. That the applicant has been refused a license or has had a license revoked by a public authority for reasons

which included lack of honesty or integrity or which showed improper business practices on the part of the

applicant;

C. That the applicant has maintained or permitted the maintenance of games prohibited by Section 330 of the

Penal code;

D. That the applicant has willfully misstated a material fact in his application;

E. That the application is not a Rt or proper person to hold the permit applied for.

Notice of denial of such application shall be given in writing to the applicant within Rve days after such denial.

(Ord. 32 NCS §2; prior code §8.9.)

Upon the denial of an application pursuant to Section 6.20.090, the applicant may appeal therefrom by Rling a

written notice of such appeal with the city clerk not later than noon of the day of the regular council meeting next

following the day upon which such notice of denial was served upon him. Upon the Rling of such notice of appeal,

the clerk shall place the same on the city council’s agenda at the earliest practical date, notifying the applicant of

the time at which the hearing will be held. The clerk shall also promptly advise the city manager and the chief of

police of the date on which the city council will consider such appeal. (Ord. 32 NCS §3; prior code §8.10.)

Upon receiving notice of the appeal pursuant to Section 6.20.100, the chief of police shall furnish the city manager

with a written report of the inspection and investigation made by him and his reasons for disapproving the

application. Thereupon the city manager shall indorse the chief of police’s report and add thereto any information

or remarks considered pertinent, and thereafter Rle the same with the city clerk. (Ord. 32 NCS §3; prior code

§8.11.)

At the time set for the hearing mentioned in Section 6.20.100, the council shall consider the reports of the chief of

police and city manager as to the application, and shall hear any evidence or testimony which the applicant

presents at the hearing. Within thirty days after the conclusion of such hearing the city council shall by resolution

either conRrm the denial of the applicant for a permit, if they Rnd that he was properly denied for any of the

grounds set forth in Section 6.20.090 or shall set aside the denial of the applicant and direct the issuance of a

permit. (Ord. 32 NCS §3; prior code §8.12.)

Every person obtaining -the permit required by this chapter shall pay a fee of one hundred and eighty dollars per

year, in advance, for each table to which such permit applies. No license shall be issued unless the applicant has a

valid permit covering the speciRc location to be licensed. (Ord. 32 NCS §4; prior code §8.13.)

The chief of police may suspend summarily any permit issued under this chapter for a period not to exceed sixty

days, if he determines that any of the provisions of this chapter have been violated by the holder of such permit or

by any person in his employment or that any of the facts or statements set forth in the application for the permit

are untrue. (Ord. 32 NCS §6; prior code §8.14.)

The chief of police may also recommend that any permit issued under this chapter shall be permanently revoked.

Such recommendation shall be Rled with the city manager, setting forth therein the reasons therefor, together

with all supporting facts. The city manager shall thereupon submit the same to the city council with his

recommendations. (Ord. 32 NCS §6; prior code §8.15.)

Upon the presentation of a recommendation or the revocation of a permit issued under this chapter, the city

council may order such permit suspended or revoked, if the council determines that the holder of such permit has

been guilty of violating any of the provisions of this chapter or that because of the manner in which such business

has been operated its continued operation will be injurious to the public health, safety, welfare or morals of the

people of the city. Before ordering such revocation or suspension, the city council shall cause written notice to be

served upon the holder of the permit that such suspension or revocation has been recommended to the city

council, and that a hearing on such recommendation will be held in the council chambers in the city hall, at a time mentioned in such notice not less than Rve days after the date of such notice. At such hearing the holder of such

permit shall have an opportunity to be heard and present such evidence in opposition to such recommendation as

he desires. (Ord. 32 NCS §6; prior code §8.16.)