Redding Municipal Code Ch. 6.14 Card Rooms

The city council determines that public health, safety, and welfare require the establishment of regulations, pursuant to, and in conformity with, the Gambling Control Act (Business and Professions Code Section 19800 et seq.); and finds it necessary to regulate:

A. The persons who will own, operate, and be employed in card rooms;

B. The number of card rooms in the city;

C. The location and operation of card rooms in the city;

D. The issuance of permits and licenses regarding card rooms, including limitations on the transfer and assignment thereof; and

E. The permissible games that may be played in the card rooms.

(Ord. 2338 § 1, 2004: Ord. 1954 § 1 (part), 1991)

Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of this chapter:

"Ante" means a stipulated amount put up by all the players that are to be dealt cards.

"Applicant" means a living person or persons, firm, joint venture, association, co-partnership, limited partnership, general partnership, corporation, principal and agent, or one holding an employment contract involving a percentage of the profits of the proposed operation, or any combination thereof, who applies for either:

1. A license to establish, operate, manage, or maintain a card room; or

2. A work permit to be employed in a card room.

"Application" means the form submitted to the city by the applicant, which, when completed by the applicant, will contain the information required by the city upon which the city council may base its approval or denial of such application.

Bank. "Player bank" means any system maintained by the card room whereby checks, currency, chips, or any other financial consideration is held on account for any use by any person.

"Bet" or "wager" means to risk money or a thing of value on an uncertain event with the prospect of obtaining money or a thing of value risked by another person or persons on the occurrence of the event.

"Blind" means a mandatory opening bet made before receiving cards.

"Card game" means any game played with cards or other devices for money, checks, credits, or any other thing of value.

"Card room" means any building or structure, or any portion thereof, or any premises or place wherein any person or persons are permitted to play a card game in return for a fee, charge, or other compensation.

"Card table" means any table or other surface located in a card room upon which any card game is played.

"Day" means a working day during which the city's administrative departments are open and available to the general public.

"Employee" means any person employed by a licensee in a card room, who either participates as a dealer in a card game, or is in charge of the card room and required to supervise card tables, or is an agent of the licensee. Any person who is required to routinely enter into the cardplaying area during the course of his or her duties is considered an employee. The term "employee" does not include a bartender, culinary worker, or any other person not directly connected with the card room.

"Hand" refers to cards legally belonging to a player during the course of play and all action which transpires between the shuffle and the winning of the pot.

"Kill bets" means the amount of money placed as a blind that doubles the stakes.

"License" means a license granted by the city council to an applicant to operate a card room in the city.

"Licensee" means any person who holds a current, valid license to operate a card room, issued by the city.

"Owner" means any living person or persons, firm, joint venture, association, co-partnership, limited partnership, general partnership, corporation, or any combination thereof, who has any interest, legal or equitable, in any card room or card room license.

"Person" means and includes a living individual or individuals, firm, joint venture, association, co-partnership, limited partnership, general partnership, corporation, or any combination thereof.

"Premises" means any structure or portion of a structure to be licensed, or for which a license has been granted, in accordance with the provisions of this chapter, that contains a card room.

"Proposition player" means an employee or other person who participates in a card game at the request, direction, or demand of the licensee or its agents, or employees; plays with his or her own money; and is solely responsible for his or her own wins and losses.

"Work permit" means a permit granted to an agent or employee of the licensee of a card room by the chief of police.

(Ord. 2338 § 2, 2004: Ord. 1954 § 1 (part), 1991)

Before it shall be allowed to operate, each gambling establishment shall adopt a schedule of the hours of operation, after the schedule has been approved by the city council. Such approved schedule of hours shall be clearly posted at the gambling establishment so as to give law enforcement and patrons adequate notice of the hours of operation. Unless otherwise restricted, a gambling establishment may be allowed to operate twenty-four hours each day.

(Ord. 2253 § 1 (part), 1999)

Each gambling establishment licensee shall be responsible and liable for its patrons' safety and security in and around the gambling establishment. Before it shall be allowed to operate, each gambling establishment shall adopt a plan to provide for the safety and security of patrons, after the plan has been approved by the city council.

(Ord. 2253 § 1 (part), 1999)

No gambling establishment may be located in any zone which has not been specifically approved for such a business and none may be located near any of the unsuitable areas, as specified in Business and Professions Code Section 19862.

(Ord. 2338 § 3, 2004: Ord. 2253 § 1 (part), 1999)

Rules establishing wagering limits in permitted games or allowing for no limits shall be established by the city council and formally adopted by a resolution of the city council. Thereafter, such rules as adopted by the city shall be clearly posted at the gambling tables where the games are offered during hours of operation to provide the patrons adequate notice of those rules.

(Ord. 2382 § 1, 2007: Ord. 2253 § 1 (part), 1999)

No more than twenty-five gambling tables shall be allowed to operate in this jurisdiction, and no more than twenty gambling tables shall be allowed to operate in any gambling establishment.

(Ord. 2253 § 1 (part), 1999)

No person shall establish, operate, manage, or maintain any card room nor permit, or allow any card room to be established, operated, managed, or maintained within any building or structure, or any portion thereof, owned, occupied, or controlled by him or her unless such card room is maintained and operated pursuant to a valid, unexpired, unsuspended, and unrevoked card room license issued pursuant to the provisions of this chapter. The holder of any such license, or a designated representative, shall be required to exercise personal control and direction over the operation of the card room and be available at all reasonable times during regular business hours to the chief of police or his or her designated representative.

(Ord. 1954 § 1 (part), 1991)

Application for a card room license as required by Section 6.14.030 shall be made to the city council upon forms approved by the city council and furnished by the chief of police. In addition to any other information required, the applicant shall provide the following:

A. The names and addresses of all persons who have a direct financial interest in the card room for which an application is being filed;

The applicant and all persons who have a financial interest as set forth in the application shall be required to furnish their fingerprints to the Redding police department investigations division;

B. A statement as to whether or not any of the persons named in the application have at any time been arrested or convicted for any crime or crimes, other than minor traffic offenses, and, if so, the date, jurisdiction, and nature of the offense with respect to each such arrest and/or conviction;

C. A statement as to whether any permit or license previously granted to the applicant, or persons with financial interests, for a similar type business has been denied or revoked, and, if so, the type of license or permit which was denied or revoked, the date of denial or revocation, the reasons therefor, and the person or agency denying or revoking same;

D. A description of the location of the card room, including a specific description of the building or structure or portion thereof within which the card room is to be situated, and designating the specific portion of such building or structure for which a card room license is required. No license shall be deemed issued for any portion of any building or structure which the application fails to state is to be used for card room purposes, or for which the application fails to specifically request a license;

E. A description of the number of tables requested;

F. A statement that the applicant understands and agrees that the chief of police or a representative of the chief of police shall have access to the proposed card room premises and the applicant's business records for the purpose of investigating compliance with the provisions of this chapter and all other applicable state, federal, and local laws and regulations; and that the applicant consents to any such search and consequential seizure;

G. A statement that the applicant understands and agrees that the application shall be considered by city council after a full investigation and the resultant reports have been made by the chief of police, the fire chief, and other city officials, or their authorized representatives;

H. A schedule of hours of operation requested;

I. A written plan to provide for the safety and security of patrons;

J. A written set of rules for wagering limits in each game.

Any false statements contained in the submitted application shall be cause for denial of the application.

(Ord. 2253 § 1 (part), 1999; Ord. 1954 § 1 (part), 1991)

A. The office of the chief of police shall conduct the necessary investigation into the facts presented in the application. Within forty-five days of receipt of a complete application from the applicant, the chief of police shall submit a written report to city council containing a recommendation as to whether the requested license should be granted or denied and the reasons for such recommendation or denial.

The investigation shall consider:

1. Whether the operation of the card room will aggravate crime problems in the area, or be detrimental to the public peace, health, or safety of the area;

2. Whether any conditions, limitations, or restrictions should be placed on the license, along with the reasons therefor (i.e., time limitations, etc).

B. Card room licenses shall be valid until such time as the ownership of the card room changes; or the financial interests in the card room change; or the location of the card room changes; or administrative action is taken against the license. In the event any of these situations occurs, a new application process must be instituted prior to the issuance of a new license.

(Ord. 1954 § 1 (part), 1991)

In order to offset the increased costs that are incurred in enforcing the regulations pertaining to card rooms, a fee schedule shall be established, and may be amended from time-to-time, by resolution of city council.

A. A nonrefundable card room application license fee shall be paid by the applicant to the city clerk at the time of the initial application for said card room license.

B. A card room table fee for each table located within the premises, regardless of whether or not the table is in constant use, shall be paid by the applicant to the city clerk at the time of the initial issuance of the card room license, and each year thereafter.

Annual license fees required by this chapter shall be prorated if the card room or the card table is opened for operation in the second or subsequent quarter of the calendar year. Furthermore, if the card room or card table ceases to operate and is closed down prior to the commencement of the fourth quarter of the calendar year for any reason other than a suspension or revocation as provided for in this chapter, the city clerk shall refund to the licensee that portion of the fee which would apply to any quarter of the calendar year which has not yet commenced at the time the card room or card table closed out operation and application for refund has been made by the licensee.

(Ord. 1954 § 1 (part), 1991)

A. Anyone in charge of a card room, or any agent or employee acting for or on behalf of any person having a card room license, shall be at least twenty-one years of age, registered with the Redding police department, and shall comply with such regulation requirements as may be established by the Redding police department.

B. City council may, in its discretion, either approve or deny the license applied for. The license, if approved, can be subject to such conditions, limitations, and restrictions as council may deem reasonable and necessary.

C. City council may deny a card room license if the investigation determines that the applicant is unfit to run a card room business. In making such a determination, the city council may consider:

1. The commission of any act or acts by those listed in the application involving dishonesty, fraud, deceit, or any other felony crime;

2. The operation of the business for which the license is requested, at the location proposed, would be detrimental to the peace, health, or safety of the area;

3. That the applicant knowingly made false statements in the application;

4. The business and credit history of those listed in the application;

5. That the applicant has not registered with the Department of Justice as required by state law;

6. That the applicant failed to comply with any of the provisions of the Redding Municipal Code, or other laws and regulations applicable to the premises, the equipment, or the operation of the card room for which the license is requested.

(Ord. 1954 § 1 (part), 1991)

All licenses authorized and issued under the provisions of this chapter shall be subject to, and accepted by the applicant as subject to:

A. The immediate suspension by the chief of police if the chief of police finds that:

1. The California Gambling Control Commission has suspended or revoked an applicant's state gambling license under the Gambling Control Act;

2. The licensee, or any agent or employee thereof, has violated, or permitted, allowed, or caused the violation of, any provision of this chapter; or any condition of approval imposed upon the issuance of the card room license; or any state law or regulation relating to the operation of the card room; or

3. The continued operation of the card room jeopardizes or threatens to jeopardize the public welfare.

Such immediate suspension by the chief of police shall continue until a decision is rendered by the city council pursuant to subsection B of this section. The matter of such suspension shall be submitted to the city council at its first meeting following the suspension action.

B. The suspension or revocation by the city council after a hearing held within fifteen days after not less than five days' notice to the licensee, and after testimony has been taken by the licensee and/or any other interested person, if the city council finds that:

1. The California Gambling Control Commission has suspended or revoked an applicant's state gambling license under the Gambling Control Act;

2. The licensee, or any agent or employee thereof, has violated, or permitted, allowed, or caused the violation of, any provision of this chapter; or any condition of approval imposed upon the issuance of the card room license; or any state law or regulation relating to the operation of the card room; or

3. The continued operation of the card room jeopardizes and threatens to jeopardize the public welfare.

C. The decision of the city council shall be final and conclusive. In the event of suspension or revocation of a license, no part of any license fee previously paid shall be refunded.

(Ord. 2338 § 4, 2004: Ord. 1954 § 1 (part), 1991)

No license for a card room shall be transferred or assigned in whole or in part, either as to the licensee or the location of the business.

(Ord. 1954 § 1 (part), 1991)

A. No licensee or other person in charge or control of a licensed card room shall employ, nor allow any person to work in such card room, without such person having first been registered with the chief of police.

B. Registration with the chief of police shall not be deemed complete until the prospective employee has completed an application for such registration on forms provided by the Redding police department investigations division, setting forth the following:

1. The true name of such person, including all other names by which such person is or has been known;

2. The permanent home street address of such person;

3. The name of the card room and the name of the card room licensee for which such person intends to work;

4. The position and duties such person shall hold and perform at the card room;

5. A statement indicating whether or not such person has at any time been arrested and/or convicted of any crimes other than minor traffic offenses, and, if so, the nature of each crime for which such person was arrested and/or convicted, the date, and the jurisdiction of such arrests and/or conviction;

6. Certification by the prospective employee that the contents of the application are true and correct under penalty of perjury;

7. In addition, the prospective employee shall allow the taking of clearly identifiable fingerprints through Live Scan, for which such person shall have paid the Redding police department the current fee set by the Department of Justice for receiving and processing the fingerprints so taken.

C. The chief of police or any other person designated by him or her shall conduct such other investigations deemed necessary for the purpose of determining whether or not the application accurately sets forth the information requested.

D. Each and every prospective card room employee shall present himself or herself in person at the Redding police investigations division with the completed application for registration.

E. A nonrefundable fee, the amount of which will be established, and may be amended from time-to-time, by city council resolution, will be charged to each prospective employee to cover the costs of such registration, and shall be payable to the Redding police department at the time the application for registration is submitted.

F. The chief of police shall determine whether the application contains false statements knowingly made; or that the applicant is unfit to be employed by a card room because of prior criminal convictions involving gambling, larceny, usury, bribery, extortion, bookmaking, fraud, sale or possession for sale of a controlled substance, prostitution, pimping, or pandering; and shall notify the prospective employee and licensee that the application has not been approved.

G. At the time of registration, the applicant may be issued a temporary identification card pending the Department of Justice review of the applicant's fingerprints. The temporary card shall be valid for no more than sixty days.

H. Should the Department of Justice report indicate that an applicant who has been issued a temporary work permit is unfit for any of the reasons listed in this section, the licensee shall be notified immediately. Once such notification has been made the employee shall not be allowed to work in the card room.

I. Upon receipt of a favorable report from the Department of Justice, the applicant shall make an appointment with the investigations division of the Redding police department for a photograph to be taken and incorporated into a permanent identification card.

J. Limitation of Discretion to Issue Work Permit. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any of the reasons specified in Business and Professions Code Section 19859. Any application for a work permit shall be subject to objection by the State Department of Justice, Division of Gambling Control. If the Division of Gambling Control objects to the issuance of a work permit, the work permit shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act.

(Ord. 2358 § 1 (part), 2006: Ord. 2338 § 5, 2004: Ord. 2253 § 1 (part), 1999; Ord. 1954 § 1 (part), 1991)

All employees, including managers and owner/managers, of a licensed card room shall display a personal photo identification card at all times while on duty in the card playing areas. Such identification card shall be prominently displayed within the card playing area in a conspicuous fashion either affixed to an outer garment on the person or posted (such as on a wall) so as to be prominently visible and available for inspection to patrons and any law enforcement or licensing agency. No such employee shall be allowed to commence work or remain while on duty in the card playing area who does not display such identification card. Willful failure to comply with this section shall constitute grounds for suspension or revocation of such employee's work permit and/or the card room's license.

(Ord. 2358 § 1 (part), 2006: Ord. 2338 § 6, 2004: Ord. 1954 § 1 (part), 1991)

It is lawful for anyone holding a license or permit under the provisions of this chapter to play any permitted card game in the premises in which they are employed or have a financial interest. Such persons participating in a game must play with their own funds and pay the same fees as paid by all other players. Identification cards as required by Section 6.14.110 of this chapter shall be displayed while playing cards.

(Ord. 2358 § 1 (part), 2006: Ord. 1954 § 1 (part), 1991)

A. It is unlawful for any owner, manager, employee, or any other person associated with, employed by, or acting as agent for any card room licensee under this chapter, to engage in the lending of money, chips, tokens, or anything of value, either real or promised, to any customer, player, or any person for the purpose of allowing that person to eat, drink, or play cards within said card room. This section shall also prohibit such lending of the above-described items of value outside of said premises when the intent is that they shall be used, expended, or otherwise utilized within said card room, or any card room.

B. The use of postdated personal checks or any other writings or instruments which do not qualify as the equivalent of cash, credit card, debit card or an immediately payable negotiable instrument for the purpose of noncompliance with subsection A of this section is prohibited.

C. Player banks as defined in Section 6.14.020(D) of this chapter are permitted for the express purpose of providing a safe and convenient means of holding onto deposit funds to be used at the card room. Player banks are subject to the following restrictions:

1. Player bank accounts may only be opened for individuals. Personal information required to open such an account shall include a photograph, and the full name, street address, Social Security number, and driver's license number if available. The licensed establishment shall store this personal information in a secure location and establish procedures to maintain the strict confidentiality of the personal information, except that such information shall be made available for inspection to any licensing or enforcement agency upon request.

2. Only the person opening a player bank account will be permitted to make deposits to or withdrawals from the account.

3. The maximum amount allowed in any individual player bank account will not exceed five thousand dollars.

(Ord. 2358 § 1 (part), 2006: Ord. 1954 § 1 (part), 1991)

(Ord. No. 2439, § 1, 10-6-2009)

A. All fees, money, or chips collected for the privilege of playing must be collected on a time or per-hand basis only and must qualify as the equivalent of cash, credit card, debit card or an immediately payable negotiable instrument. The fee charged must be an established amount, posted in a prominent place within the card room. At no time will fees be collected on a percentage basis.

B. Each card room shall use chips for betting purposes. At no time shall any currency or coin be on the table where the card game is being played or conducted. All chips used in normal play shall be clearly marked as to their designated value. Chips utilized for tournament play are to be clearly marked as "tournament" chips and used solely for tournament play. Such tournament chips are not required to have a designated value marked upon them.

(Ord. 1954 § 1 (part), 1991)

(Ord. No. 2439, § 2, 10-6-2009)

A. Cardrooms licensed to conduct gaming in the city shall be permitted to conduct all lawful card games in the state. Each and all such games to be played shall be operated in full conformity with and subject to all of the laws of the state.

B. 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. That person may have more than one table under supervision at any one time.

(Ord. 2130 § 1, 1995: Ord. 2033 § 1, 1992; Ord. 1954 § 1 (part), 1991)

(Ord. No. 2418, § 1, 8-19-2008; Ord. No. 2507, § 1, 8-19-2014)

A. It is unlawful for any person to use any form of cheating technique. The licensee shall immediately notify the Redding police department upon the detection of any person suspected of cheating.

B. The licensee or management shall retain and deliver to the Redding police department, as evidence, all playing cards and implements suspected of involvement in cheating.

(Ord. 1954 § 1 (part), 1991)

It is unlawful for any person who has engaged in or been convicted of bookmaking, sale or possession for sale of a controlled substance, illegal gambling activities, pimping, or prostitution; or is under the age of twenty-one years; or, in the opinion of a licensee or his agents or employees, is obviously under the influence of any intoxicating beverage, narcotic, or drug, to enter into or remain upon the premises of any card room, or to participate in the playing of any card game at any card table.

A. A licensee, owner, agent, or employee of such card room, or any law enforcement officer of the city may exclude or eject from any card room any person prohibited by the terms of this section from being on the premises of a card room. It shall be the duty of the chief of police to notify the licensee of such card room of the identity of any person subject to exclusion or ejection pursuant to this section.

B. Any person who, pursuant to this section, is excluded or ejected from the card room may apply to the chief of police for a hearing on the question of whether this section is applicable to such person. The hearing shall be held within thirty days after receipt of the hearing request, or at such other time as the person requesting the hearing and the chief of police may agree.

C. If, following the hearing, the chief of police, in exercising his discretion, determines that the exclusion or rejection should not apply to the person, all card rooms licensed by the city shall be notified in writing of such determination. If the determination is that the exclusion or rejection was proper, the chief of police shall inform the person and all card rooms licensed by the city of that determination in writing. Such determination shall be subject to review by any court of competent jurisdiction.

D. No card room that excludes or ejects any individual based upon this section shall be subject to civil liability if such exclusion or ejection was based upon a reasonable and good faith belief that this section applied to the individual in question.

(Ord. 1954 § 1 (part), 1991)

No licensee, agent, or employee of any card room licensed pursuant to this chapter shall knowingly engage in nor permit any other person on such premises to engage in any act in violation of any laws.

(Ord. 1954 § 1 (part), 1991)

All premises operating pursuant to the terms of this chapter may be inspected for violations of this chapter at any time during normal business hours by the chief of police of the city or his duly authorized representatives. Any evidence of any violation of the terms of this chapter may be seized without warrant, provided that such evidence shall be specifically identified and a receipt therefor given to the owner of such evidence and to the licensee of such premises or his agent.

(Ord. 1954 § 1 (part), 1991)