Placerville Municipal Code Ch. 8 Card Rooms

It shall be unlawful for any person to conduct within the city, any place of business or any room wherein the playing of cards is permitted or carried on, except as hereinafter provided.

Before any person shall engage in the business of operating a card room he shall make application for and obtain a license from the license and tax collector and pay the license fees as prescribed in chapter 1 of this title. Before the license and tax collector shall issue a license to any person for the purpose of permitting the person to operate a card room the applicant shall make a written application to the chief of police on forms provided by the police department. The application shall be accompanied by fingerprints of the applicant or any dealers or operators of said card room and shall contain all information deemed relevant by the chief of police and accompanied by a photograph of the operator or any dealer making such application to operate or deal cards in any licensed card room. Upon the receipt of the application, the chief of police shall conduct such investigation as he may deem proper as to the character and morals of the applicant and the character of the business to be conducted. No permit or license shall be issued to any person who has been convicted of a felony, petit theft, or a crime involving moral turpitude. The chief of police may revoke any permit or license issued hereunder when the permittee is violating or attempting to violate any law of the state or city. (1962 Code)

Any nonprofit society, club, fraternity, labor or other organization having adopted bylaws, duly elected directors and members which have card tables for the exclusive use of its members, and where no charge is made for any of the facilities, shall be exempt from the provisions of this chapter.

The license and tax collector shall issue the license upon the approval of the application by the chief of police. In the event that the chief of police disapproves the application, the applicant shall be promptly notified and furnished with the reasons therefor. No license shall issue sooner than ninety (90) days following the date of the application. (Ord. 1330, 8-23-1983)

For the purposes of this chapter, the following words and phrases shall be defined as follows:

CARD ROOM: Any space, room or enclosure, or any portion thereof, 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.

CARD ROOM EMPLOYEE: Any owner, dealer, overseer or other person directly connected with the operation and supervision of card tables.

HOUSE PLAYER: Any card room licensee or any person employed in a card room in the city who plays any game in a card room. (Ord. 1330, 8-23-1983)

(A) It is unlawful for any minors under the age of eighteen (18) years to be upon the premises of any card room.

(B) Card rooms may be open any hour of the day or night however, the dispensing and/or consumption of alcoholic beverages shall not be allowed between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M. (Ord. 1330, 8-23-1983)

(A) No licensee shall permit or otherwise allow any conduct, activity or condition upon the premises so as to disturb the quiet and good order of the premises or the neighborhood.

(B) 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.

(C) No person shall operate a card room unless there is present at all times it is open to the public, at least one person twenty one (21) years of age or older who is devoting his/her entire time and attention to the operation of the premises.

(D) No person shall be employed in any capacity at any card room unless such person:

1. Is at least eighteen (18) years of age.

2. Has completed the required application procedure and is granted a license in accordance with the provisions of this chapter.

(E) Limit On Card Room Licenses: The number of card room licenses issued shall not exceed two (2) at any one time.

(F) Table Limit: The number of tables in any card room licensed as of the effective date of this section shall not be increased, except that every card room may have up to five (5) tables. A "table" is defined as an area in which a single game is played and shall not exceed eight (8) players plus a dealer. The number of tables may be increased to a maximum of eight (8) upon application and approval of the city council.

(G) License Transferability: No license issued pursuant to this chapter shall be transferable or assignable.

(H) Inspection: All card rooms shall be open to police inspection during all hours of operation.

(I) Loans Prohibited: No card room licensee, nor any persons required to disclose information under this chapter, shall loan money or any other thing of value or representing value to any player at any game in a card room.

(J) Notification Of Terminated Employees: Every card room licensee shall notify the chief of police within two (2) working days after any employee is terminated for any reason.

(K) No card room licensee, nor any person employed in a card room, shall play any game in the card room, whether off duty or not, and without regard to whether such person is employed, staked, or financed by a card room licensee or any person required to disclose financial information under this chapter, unless wearing suitable identification readily identifiable and observable by all the players designating said person by name as a house player.

(L) Incentives Prohibited: No card room licensee shall furnish any gratuity or incentive to any player in a card room, 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.

(M) License, Number Per Person Limited: No person shall be granted more than one license to conduct a card room.

(N) Financial Disclosure: Within thirty (30) days of the effective date of this section, every card room licensee, and upon application every applicant therefor 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 (5%) 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 card room, which interest would be required to be reported upon application for a card room 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 card room as a result of such sale or transfer, and if such person satisfies the requirements relating to card room license applicants, the chief of police shall give written approval to such transfer or sale. A fee as set forth in the municipal fee schedule shall be paid to the city for investigation by the chief of police necessitated by each such sale or transfer.

(O) Rules Posted: Each card room license shall post in a conspicuous place on the premises a copy of the house rules and regulations and the charges for participating in the games. (Ord. 1330, 8-23-1983)

Any person operating a card room in any manner other than in compliance with the terms of this chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in addition to such other penalty as may be provided by law, he may have his license to operate a card room revoked by the chief of police; and any person who shall hereafter be convicted of violating any law regarding gambling or the use of intoxicating liquor upon the premises, shall have his license revoked by the chief of police. (Ord. 1330, 8-23-1983)

Any person having had his license revoked or canceled under the terms of this chapter shall thereafter be ineligible to obtain a license to operate a card room within the city, nor shall any license thereafter be granted to any other person to conduct the business at the premises where the business has been theretofore conducted, within one year after the cancellation, unless in addition to the requirements herein set forth, the applicant shall deposit with the city the sum of five hundred dollars ($500.00), in cash lawful money of the United States. The deposit shall abide the action of the city relative to the granting of the license to the applicant, and in the event a license is so granted, the deposit shall remain as security that the licensee shall not violate any law of the state, or any provision of this code in conducting said business. In the event the city shall determine at any time after a hearing had, at which the licensee shall be permitted to have counsel and introduce evidence in his behalf, that any of the laws have been violated by the licensee, the council shall have the right to declare the deposit forfeited to the city; provided, further, that conviction in any court of competent jurisdiction of the violation of any of the laws upon the premises, shall be conclusive proof of the violation. (Ord. 1330, 8-23-1983)

At the time of filing with the chief of police the application for a license, the applicant shall pay a fee as set by resolution of the city council. (Ord. 1300, 5-25-1982)