Chapter 7.03 — CARD ROOMS

Section

• 7.03.001 Defined

• 7.03.002 Permit; required

• 7.03.003 Same; application

• 7.03.004 Same; fee

• 7.03.005 Same; investigation

• 7.03.006 Same; consideration by Board of Supervisors; hearing; criteria for issuance; appeal from

• denial

• 7.03.007 Same; transferability

• 7.03.008 Same; renewal

• 7.03.009 Same; suspension or revocation

• 7.03.010 Minors prohibited on premises

• 7.03.011 Hours of operation

• 7.03.012 Intoxicated persons prohibited

• 7.03.013 Inspection by peace officers

• 7.03.014 Registration of employees with Sheriff

• 7.03.015 Penalty for violation of chapter

• Statutory reference:

• Gambling generally, see Cal. Penal Code §§ 330 to 337z

A CARD ROOM is defined as any place wherein any table or tables which are used by the public for the playing of cards or gambling and for the use of which a fee or other compensation in any form is charged players. (1966 Code, § 5A-1) (Ord. 255, § 2)

It shall be unlawful for any person, firm or corporation to conduct, keep or maintain, or permit to be conducted, kept or maintained, within the unincorporated area of the county, any card room without first having obtained a permit from the county’s Board of Supervisors so to do. (1966 Code, § 5A-2) (Ord. 255, § 1)

(A) A written application for permits under this chapter, which shall be verified under penalty of perjury, shall be filed with the Sheriff of the county on forms to be provided by him or her and shall contain the following information: (1) The name, occupation, business status and residence address of the applicant and of all persons having a financial interest in the obtaining of such a permit; (2) The location and ownership of the premises for which the permit is sought; (3) The number of tables for which the permit is sought; (4) The names and addresses of all employees to be employed by the applicant in the operation for which the permit is sought; (5) A photograph and fingerprints of the applicant, all employees to be employed in the operation for which the permit is sought, and all persons having a financial interest in the obtaining of such a permit; and (6) Such further information as the Sheriff may require. (B) Any change in name, occupation, business or residence with reference to the persons designated in this section, insofar as it relates, either directly or indirectly, to the operation of any business for which a permit is sought under this chapter, shall be reported to the Sheriff within 30 days. All information required under this section shall be available to any law enforcement agency. (C) It is unlawful for any person, firm or corporation to making application for a permit under this chapter to give or use a false or fictitious name, or make a false or fraudulent statement, or conceal any material fact which might affect the issuance of a permit under this chapter. (1966 Code, § 5A-3) (Ord. 255, §§ 3, 13)

The applicant shall pay the cost of processing each application. The cost of processing each application is fixed at $200

for the first table and $100 for each additional table in the card room plus an additional cost of $5 for each employee to be employed in the operation for which the permit is sought and an additional $5 for each person having a financial interest in the obtaining of the permit. The costs of processing each application are payable annually, in advance on January 1 of each and every year, shall not be prorated, and shall not be refundable. (1966 Code, § 5A-4) (Ord. 255, § 4)

The Sheriff of the county shall inspect tables and premises in which the operation of the business will be conducted, and shall investigate the moral character of the applicant, all employees to be employed in the business and all persons having a financial interest in the obtaining of the permit. The Sheriff shall not recommend any application unless he or she is satisfied that the applicant, his or her employees and financially interested persons are of good moral character and that the operation of the business at the premises would not constitute a violation of any state law or county ordinance and that it would not be injurious to the public health, safety, welfare or morals to operate the business upon the premises for which the permit is sought. (1966 Code, § 5A-5) (Ord. 255, § 5)

(A) The Sheriff of the county shall submit, in writing, his or her findings and recommendations of approval or disapproval of the application to the county’s Board of Supervisors. The Board of Supervisors shall thereupon fix a time and place for the hearing of the application and shall give the applicant a written notice of the time and place so fixed, which time shall not be less than three days or more than 30 days from the date of service of the notice upon the applicant. The Board of Supervisors shall receive evidence for and against the granting of the application. The findings and recommendations of the Sheriff shall be received in evidence by the Board of Supervisors. (B) The Board of Supervisors shall deny the application after considering the evidence if it determines that it would be injurious to the public health, safety, welfare or morals to operate the card room or business upon the premises for which the permit is sought. If the Board of Supervisors denies any application, notice of denial of the application shall be given in writing to the applicant within ten days after the denial. The applicant may appeal therefrom by filing a written notice of the appeal with the Clerk of the Board of Supervisors within 20 days after notice of the denial of the application. Upon the filing of the notice of appeal, the Board of Supervisors shall thereupon fix a time and place or a hearing of the appeal within 45 days and shall give applicant ten days written notice of the time and place so fixed. (1966 Code, § 5A-6) (Ord. 255, § 6)

Permits issued under this chapter shall not be transferable and any attempt to transfer a permit shall render it null and void. (1966 Code, § 5A-7) (Ord. 255, § 7)

The applicant shall annually renew each permit on January 1 of each year. (1966 Code, § 5A-8) (Ord. 255, § 8)

(A) Permits under this chapter shall be suspended or revoked by the Board of Supervisors upon conviction of the permittee, or of any employee employed in such a business, or any person having a financial interest in the business, of a violation of the provisions of this chapter or any other ordinance or statute regarding gambling or when it is found by the Board of Supervisors that the continued operation of the place or establishment would be injurious to the public health, safety, welfare or morals. (B) On the suspension or revocation of a permit by the Board of Supervisors under this section, notice of the suspension or revocation shall be given in writing to the permittee within ten days after the suspension or revocation. The permittee may appeal therefrom by filing a written notice of the appeal with the Clerk of the Board of Supervisors within 20 days after notice of the suspension or revocation of the application. Upon the filing of the notice of appeal, the Board of Supervisors shall thereupon fix a time and place or a hearing of the appeal within 45 days and shall give the permittee ten days written notice of the time and place so fixed. (1966 Code, § 5A-9) (Ord. 255, § 15)

No person under the age of 21 years shall be permitted to loiter in or about any card room or to participate, either directly

or indirectly, in any game played at any table in any such room. (1966 Code, § 5A-10) (Ord. 255, § 9)

All card rooms subject to the provisions of this chapter shall cease operations and remain closed between the hours of 2:00 a.m. and 6:00 a.m. (1966 Code, § 5A-11) (Ord. 255, § 10)

It shall be unlawful to permit any person under the influence of intoxicating liquor to loiter in or about any card room or to participate, either directly or indirectly, in any game played at any table in any such room. (1966 Code, § 5A-12) (Ord. 255, § 11)

All card rooms subject to the provisions of this chapter shall be opened at all times for inspection by any peace officer. PEACE OFFICER is hereby defined as any person so designated by the laws of the state. (1966 Code, § 5A-13) (Ord. 255, § 12)

(A) All persons to be employed by any person, firm or corporation who has obtained a permit under this chapter shall, prior to their employment under the permit, register with the Sheriff of the county and have a photograph and his or her fingerprints taken. A fee of $5 shall be charged for each such registration. (B) Registration with the Sheriff shall be valid for one year. Employees need not reregister if they change their employment from one premises to another. (C) Each employee shall re-register annually with the Sheriff on January 1 of each year. A fee of $5 will be charged for each re-registration. (1966 Code, § 5A-14) (Ord. 255, § 14)

A violation of any of the provisions of this chapter shall be deemed a misdemeanor and, upon conviction therefor, shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for a term not exceeding six months, or by both the fine and imprisonment. (1966 Code, § 5A-15) (Ord. 255, § 16)