San Francisco County Municipal Code Art. 32A Regulations for Conducting Poker Games

Sec. 3200A. Definitions. Sec. 3201A. Restrictions Upon the Conducting of Poker Games. Sec. 3202A. Permit Required. Sec. 3203A. Filing. Sec. 3204A. Application Form. Sec. 3205A. Verification of Application. Sec. 3206A. Notice of Hearing. Sec. 3207A. Issuance of Permit. Sec. 3208A. Amendment of Permit. Sec. 3209A. Rules and Regulations by Chief of Police. Sec. 3210A. Access – Inspection. Sec. 3211A. Requirement to Keep Records. Sec. 3212A. Examination of Records. Sec. 3213A. Reports to be Filed with Chief of Police. Sec. 3214A. Frequency of Filing Reports. Sec. 3215A. Forms Prescribed by the Chief of Police. Sec. 3216A. Annual License. Sec. 3217A. Suspension and Revocation of Permit. Sec. 3218A. Limited Suspension. Sec. 3219A. Transfer of Permit. Sec. 3220A. Forfeiture of License Fee. Sec. 3221A. Penalties. Sec. 3222A. Injunction. Sec. 3223A. Inapplicability of other Laws. Sec. 3224A. Severability.

SEC. 3200A. DEFINITIONS. For the purpose of this Article, the following words and phrases shall mean and include: (a) Poker. The games of high and low draw poker without variation and without wild cards, wherein five cards are originally dealt to each player and each player shall draw the same number of cards as originally discarded prior to the draw. (b) Table. An area in which a single game or series of games is played, not exceeding eight players plus a supervisor. (c) Nonprofit Charitable Organization. Any organization exempted from the payment of the bank and corporation tax by Sections 23701a, 23701b, 23701d, 23701f, 23701g, and 23701 l of the Revenue and Taxation Code and including mobile home park associations and senior citizens organizations. (d) Member. Any individual who qualified for membership in a nonprofit charitable organization, pursuant to its bylaws, articles of incorporation, charter rules or other written statement. (e) Person. An individual, firm, partnership, joint association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit except the United States of America, the State of California, and any political subdivision of either thereof. (f) Minor. Any person under the age of 18 years. (g) Licensee. The active member or members of the license-holding organization who will supervise the poker games, or the license- holding organization itself, or both, as applicable. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3201A. RESTRICTIONS UPON THE CONDUCTING OF POKER GAMES. The conducting of poker games authorized by this Article shall be subject to the following restrictions: (a) Such games may only be conducted by a nonprofit charitable organization licensed under the provisions of this Article. (b) Such games may only be conducted for the benefit of a nonprofit charitable organization. (c) No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a poker game may hold financial interest in the conduct of such poker game. No licensee or agent thereof may permit the farming out, assigning or subletting of any games or tables lawfully permitted pursuant to the provisions of this Article. (d) A poker game may be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members may not receive a profit, wage or salary from any poker game, provided, however, that with permission of the Chief of Police, paid personnel who are not members of such organization may be employed. (e) Each poker table shall have assigned to it a person whose duty shall be to supervise the game, and see to it that it is played strictly in accordance with the terms of this Article and with the provisions of the Penal Code of the State of California. The table supervisor shall be the dealer for all games, but shall not otherwise participate in the play. It shall be illegal for any licensee, manager, supervisor, or employee of any organization holding a license under the provisions of this Article, to be physically present upon said premises without an identification card identifying them with the licensee. Such identification card is to be prominently displayed on the outermost garment at approximately chest height, and such identification card shall, at all times, be readable, legible and in good condition. (f) A nonprofit charitable organization may conduct a poker game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which such organization is organized. Nothing in this Subparagraph (f) shall be construed to require that the property owned or leased by such organization be used or leased exclusively by such organization. Only one organization may conduct a licensed poker game or series of games at a single location at any one time. (g) Each nonprofit charitable organization which is exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all profits derived from poker games shall be deposited. Such profits may not be commingled with any other fund or account. The trust account shall be established at the office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such profits shall be used only for charitable purposes. Each nonprofit charitable organization as defined in 3200A (c) herein which is not exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all funds derived from poker games shall be deposited. Such funds may not be commingled with any other fund or account. The trust account shall be established at an office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such funds shall be used only for charitable purpose, except a portion of such funds, not to exceed 10 percent of $750 per month, whichever is less, may be used for rental of property, overhead and administrative expenses. (h) Any nonprofit charitable organization granted a permit pursuant to this Article which places, publishes or distributes or caused to be placed, published or distributed any advertising matter or announcement of poker games must include the number of the permit issued to such organization in such advertising matter or announcement. (i) All bets or wagers shall be made in United States currency and in cash. (j) No organization holding a poker permit may operate more than 12 tables. (k) No organization which holds a permit pursuant to this Article may conduct poker games for more than six hours on any day; or between the hours of midnight and 6 a.m. Except as provided by an amended permit issued pursuant to Section 3208A, no organization which holds a permit pursuant to this Article may conduct poker games on more than one day in any calendar week. (l) No charge less than $1 or in excess of $5 per hour may be collected from any player for the privilege of participating in any game. This section shall not prohibit any organization licensed pursuant to this Article from charging an admission fee for entry upon the location where a poker game or series of games is being conducted. (m) No licensee or other person in charge or in control of any poker game operating under any permit held or issued pursuant to the provisions of this Article may permit any person playing in any of the games subject to license by this Article to make any single bet or wager in excess of $10 or at any time during any game to permit an ante in excess of $10 total sum anted by players participating in the game. There shall be a limit of three raises per round of betting in any poker game or series of games licensed pursuant to this Article. "Razz games," i.e., games where the winner of the pot leaves in an amount for the next game, are prohibited. (n) There shall be posted in every premises licensed for the operation of poker games und

ess of $10 total sum anted by players participating in the game. There shall be a limit of three raises per round of betting in any poker game or series of games licensed pursuant to this Article. "Razz games," i.e., games where the winner of the pot leaves in an amount for the next game, are prohibited. (n) There shall be posted in every premises licensed for the operation of poker games under this Article in letters visible from all parts thereof, signs stating that only high and low draw poker are permitted to be played and stating the charge per hour exacted from each player for the privilege of playing. (o) All poker games shall be open to the public and not just to the members of the nonprofit charitable organization. (p) No person may be allowed to participate in a poker game unless the person is physically present at the time and place in which the

poker game is being conducted. (q) No minors may be allowed to participate in any poker game. (r) No alcoholic beverages may be served, sold, given away, or consumed on any premises licensed for the operation of poker games pursuant to the provisions of this Article, nor may any such premises have an entrance leading to any establishment which serves or sells intoxicating liquor. (s) No licensee may permit or otherwise allow any conduct, activity or condition upon the premises which singly or collectively are so noisy or otherwise offensive as to disturb the quiet and good order of the premises or of the neighborhood. (t) No licensee may 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 may enter upon or remain upon such premises. (u) The licensee shall have the right to refuse admission to anyone. Those to whom admission is refused shall leave the premises immediately and shall not return for a period of at least 24 hours. (v) No licensee, nor any other person required to disclose information under this Article, may loan money or any other thing of value or representing value to any player at any poker game licensed under this Article. (w) No licensee may furnish any gratuity or incentive to any player in a poker game licensed under this Article, or to any person, as an inducement to play or to continue playing. Such gratuities or incentives include, but are not limited to, food, coffee, or any other thing of value. The term "gratuity or incentive" means at a price or other consideration below that normally charged by the establishment for such item. (x) No licensee or agent thereof may operate, maintain, or purport to maintain, or allowed to be operated, maintained or purported to be maintained, any house bank, players' bank, employee bank, or any system similar thereto, whereby a person may deposit, draw or maintain any account or credit of money, chips, or other item of value. (y) It shall be unlawful for any licensee or other person operating, managing, or conducting any poker game under any license issued pursuant to the provisions of this Article, or any of their agents, servants, representatives, associates or employees, for the purpose or intention of directly or indirectly offering, furnishing, providing, affording, showing, exhibiting, or distributing, or permitting the offering, to any person in, upon or near such poker game premises any money, merchandise, show, entertainment, dancing, vaudeville, circus, or other theatrical or terpsichorean or histrionic act, fortune-telling, magic or sleight-of-hand exhibition, or amusement, or any combination thereof, whether vocal, physical, mechanical, or otherwise, or any representative thereof or of value, or the use of any amusement device as a free gift premium, attraction, enticement, or reward to enter or remain in or about such place or premises or to attend or participate in any game or activity conducted therein, whether the same is distributed by lot, hazard or chance or for a direct or indirect charge or fee or in any other manner, or is offered, furnished, provided, afforded, shown, exhibited, tendered, or distributed free of any fee or charge as a gift. It is provided, however, that the playing of standard radio broadcast programs, or the showing or playing of regular standard television broadcasts, or the playing of standard recorded musical or audio programs shall not be deemed a violation hereof. (Added by Ord. 437-82, App. 9/3/82) SEC. 3202A. PERMIT REQUIRED. It shall be unlawful for any person to conduct, or to cause or permit to be conducted, a poker game in the City and County of San Francisco without first having obtained a permit from the Chief of Police. (Added by Ord. 437-82, App. 9/3/82) SEC. 3203A. FILING. Every person desiring a permit pursuant to this Article shall file an application with the Chief of Police upon a form provided by said Chief of Police and shall pay a filing fee in the amount set forth in Section 2.26 of the Police Code. (Added by Ord. 437-82, App. 9/3/82) SEC. 3204A. APPLICATION FORM. Except as otherwise provided herein, an application for a permit pursuant to the provisions of this Article shall specify: (a) The name and address of the applicant organization. (b) The name and residence addresses of each of its officers.

(c) The address of the location or locations at which the applicant intends to conduct poker games. (d) The day of the week and the time or times when the applicant intends to conduct poker games. (e) The active member or members of the applicant organization who will conduct the poker games. (f) Whether the members who will supervise the games have been convicted of any crime except misdemeanor traffic violations. (g) Whether any permit or license previously applied for or issued pursuant to the provisions of this Article in regards to the applicant has been denied or revoked. (h) Sufficient facts relating to the applicant organization to enable the Chief of Police to determine whether it is a nonprofit charitable organization as defined by this Article. (i) The address to which notice, when required, is to be sent or mailed, and the name and address of a person authorized to accept service of process. (j) Such other information as the Chief of Police may require of an applicant in addition to the other requirements of this Section. (Added by Ord. 437-82, App. 9/3/82) SEC. 3205A. VERIFICATION OF APPLICATION. Every application for a permit under this Article shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Added by Ord. 437-82, App. 9/3/82) SEC. 3206A. NOTICE OF HEARING. When an application is filed for a permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon within 60 days from the date of filing said application. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property where the applicant intends to conduct poker games, and the applicant shall maintain said notice as posted the required number of days. Such notice shall set forth the following: (a) The name of the applicant organization. (b) The day of the week and the time or times when the applicant intends to conduct poker games. (Added by Ord. 437-82, App. 9/3/82) SEC. 3207A. ISSUANCE OF PERMIT. The Chief of Police shall issue a permit within 14 days following a hearing as provided in Section 3206A herein, based upon his investigation and subsequent to the public hearing provided for above, if he finds: (a) That the operation, as proposed by the applicant, if permitted, would comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances. (b) That the member or members who will supervise the conducting of the games have not been convicted in a court of competent jurisdiction by final judgment of: (i) An offense involving violation of California Penal Code Sections 319 through 337; (ii) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California; and (iii) An offense involving the use of force and violence upon the person of another; provided, that such person committed three separate offenses within the past five years. (c) That the applicant has not knowingly made any false, misleading or fraudulent statement of facts in the permit application or any other document required by the Chief of Police in conjunction therewith. (d) The operation of the proposed poker permit is not likely to be, or the actual operation of the poker permit or the conduct of the permittee is, not injurious to the health, safety, welfare and interest of the people of the City. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3208A. AMENDMENT OF PERMIT. Upon application submitted by an organization which holds a permit pursuant to this Article and upon payment of a fee in the amount set forth in Section 2.26 of the Police Code, the Chief of Police may issue an amended permit authorizing poker games on days of the week, and at times other than those set forth in the organization's permit; provided, however, that no such amended permit may authorize more than 12 additional poker games to be conducted during that period for which the organization's license is applicable. (Added by Ord. 437-82, App. 9/3/82) SEC. 3209A. RULES AND REGULATIONS BY CHIEF OF POLICE. The Chief of Police may adopt, after a noticed public hearing, rules and regulations supplemental to this Article and not in conflict therewith. The rules and regulations shall become effective 10 days after adoption by the Chief of Police. (Added by Ord. 437-82, App. 9/3/82) SEC. 3210A. ACCESS – INSPECTION. The Police Department, in addition to its several other duties, shall inspect any and all establishments which have been licensed pursuant to this Article. No licensee, or any other person, may prevent any city, county, state or federal peace or fire prevention officer, or building official or inspector, charged with the duty of enforcing the laws of their respective jurisdiction, from having free access to the premises at all times it is open to the public, and at all other reasonable times. (Added by Ord. 437-82, App. 9/3/82) SEC. 3211A. REQUIREMENT TO KEEP RECORDS. Each licensee shall keep records of all poker games conducted within the preceding 12-month period. Such records shall include the following information: (a) The number of participants present at each series of poker games; (b) The total amount of fees collected, including admission fees, for each series of poker games; (c) The total amount of expenses incurred in relation to each series of poker games; (d) Such other information as the Chief of Police may require in addition to the other requirements of this Section. (Added by Ord. 437-82, App. 9/3/82) SEC. 3212A. EXAMINATION OF RECORDS. Each licensee shall keep all records required by Section 3211A for a period of time not less than 12 months. The Chief of Police shall have the power to examine or cause to be examined the books and records of any licensed organization so far as they may relate to poker games and to examine any manager, officer, director, agent, member or employee thereof under oath in relation to the conduct of any such game. Any information received shall not be disclosed except so far as may be necessary for the purpose of carrying out the provisions of this Article. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3213A. REPORTS TO BE FILED WITH CHIEF OF POLICE. Every nonprofit charitable organization licensed pursuant to this Article must file with the Chief of Police a report containing: (a) The total amount of money received from the operation of each series of poker games. (b) All expenses connected with the operation of each series of poker games. (c) Such other information as the Chief of Police may require in addition to the other requirements of this Section. (Added by Ord. 437-82, App. 9/3/82) SEC. 3214A. FREQUENCY OF FILING REPORTS. A report must be filed within 30 days after any poker game is held, or, if the licensee conducts more than one poker game each month, the licensee may file the report specified in Section 3213A once every six months. (Added by Ord. 437-82, App. 9/3/82) SEC. 3215A. FORMS PRESCRIBED BY THE CHIEF OF POLICE. The report required by Section 3213A of this Article shall be made on standard forms prescribed and furnished by the Chief of Police. (Added by Ord. 437-82, App. 9/3/82) SEC. 3216A. ANNUAL LICENSE. Each organization proposing to conduct poker games pursuant to this Article shall obtain an annual license. The license fee shall be paid annually on or before March 31, in accordance with the provisions of Section 76.1 of the Business and Tax Regulations Code.* Nonprofit charitable organizations that are duly certified to be senior citizen organizations by the Commission on the Aging of the City and County of San Francisco shall not be required to pay those fees established by Sections 3203A, 3208A and 3216A of this Article. (Added by Ord. 437-82, App. 9/3/82; amended by Ord. 238-11, File No. 111101, App. 12/15/2011, Eff. 1/14/2012) SEC. 3217A. SUSPENSION AND REVOCATION OF PERMIT. The Chief of Police may suspend or revoke any permit issued pursuant to this Article if he finds after a noticed public hearing that any of the following conditions exist: (a) The operation, as conducted by the licensee, does not comply with all applicable laws, including, but not limited to, the City's building, health, zoning and fire ordinances; or (b) A member or members who will be conducting the games have been convicted in a court of competent jurisdiction, by final judgment, of: (i) An offense involving violation of California Penal Code Sections 319 through 337; (ii) An offense involving the use of force and violence upon the person of another that amounts to a felony, or if committed without the State of California would amount to a felony if committed within the State of California; and (iii) An offense involving the use of force and violence upon the person of another provided that such person committed three separate offenses within the past five years; (c) The licensee has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit. (d) The operation of the proposed poker license is likely to be, or the actual operation of the poker license or the conduct of the licensee is, injurious to the health, safety, welfare and interest of the people of the City. (Added by Ord. 437-82, App. 9/3/82)

SEC. 3218A. LIMITED SUSPENSION. Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Chief of Police if the Chief of Police determines after a noticed public hearing that violation of any provision of this Article or of any applicable building, health, zoning and fire ordinances has occurred. (Added by Ord. 437-82, App. 9/3/82) SEC. 3219A. TRANSFER OF PERMIT. No permit under the terms of this Article may be sold, transferred or assigned by the licensee, or by operation of law, to any other person or persons or any legal entity; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit which thereafter shall be deemed terminated and void. (Added by Ord. 437-82, App. 9/3/82) SEC. 3220A. FORFEITURE OF LICENSE FEE. On revocation of the permit, no part of the annual license fee shall be returned, but the said license fee shall be forfeited to the City and County of San Francisco. (Added by Ord. 437-82, App. 9/3/82) SEC. 3221A. PENALTIES. The following penalties shall be imposed for violations of this Article: (a) Any person who receives a profit, wage or salary from any poker game authorized by this Article shall be guilty of a misdemeanor and upon conviction thereof such person shall be punished by a fine not to exceed $10,000, which fine shall be deposited in the general fund of the City and County of San Francisco. This section shall not apply to the fees provided for in this Article and collected by the licensed organization conducting a poker game or series of games, or to the winnings of any player of said game or games. (b) Any person violating any provision of this Article other than set forth in Section 3221A (a) shall be guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine not to exceed $1000 and for the second and each additional offense committed within one year from the date of the first offense by a fine not to exceed $2000 or imprisonment in the County Jail for a period not to exceed six months. (Added by Ord. 437-82, App. 9/3/82) SEC. 3222A. INJUNCTION. The City and County of San Francisco may bring an action to enjoin the violations of this Article. (Added by Ord. 437-82, App. 9/3/82) SEC. 3223A. INAPPLICABILITY OF OTHER LAWS. Articles 3 and 9.6 of Part II, Chapter VIII, of the San Francisco Municipal Code (Police Code) shall not apply to any poker game conducted within the territorial limits of the City and County of San Francisco pursuant to the provisions of this Article.

(Added by Ord. 437-82, App. 9/3/82) SEC. 3224A. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Article or any part thereof, is for any reason to be held unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 437-82, App. 9/3/82)