San Jose Municipal Code Ch. 16.18 Restrictions on Gambling

A. Each permissible game conducted or operated in the city pursuant to the provisions of this chapter shall be conducted and operated in full conformity with, and be subject to, all the provisions of state gambling law and the provisions of this title.

B. It shall be illegal for a cardroom permittee, owner, or employee to permit, allow, or suffer the playing of any controlled game except permissible games.

(Ord. 28517.)

No cardroom permittee, owner or employee shall permit the farming out, assigning, leasing, renting or subletting of any games, card tables, or gambling equipment that are lawfully on premises of a permitted cardroom.

(Ord. 28517.)

The playing of all games shall be confined to a single ground floor level of each permitted cardroom or to such other areas of a permitted cardroom as may be approved pursuant to the cardroom permit amendment procedure in Part 2 of Chapter 16.30 of this Title. No playing of games shall be permitted at any other location. The requirement that the playing of all games not confined to a single ground floor level be approved pursuant to the cardroom permit amendment procedure shall apply to any applications for a cardroom permit amendment pending on or after April 1, 2011.

(Ords. 28517, 29003.)

A. The only Controlled Games that shall be played on the premises of a permitted cardroom are permissible games.

B. No game shall be played at any permitted cardroom unless it is a Controlled Game listed as a permissible game pursuant to the procedure set out in Section 16.18.050.

C. The cardroom permittee shall file with the administrator the rules on the manner in which each permissible game is played and such other reports regarding the rules of controlled games as are required to be filed pursuant to state gambling law.

D. The cardroom permittee and stock ownership licensees shall allow the playing of permissible games only in strict conformity with the rules approved by the administrator.

(Ord. 28517, Measure K (Ord. 2010.1), adopted by electorate, 6-8-10.)

A. The administrator is authorized to place Controlled Games on the permissible game list.

B. A cardroom permittee may request authorization in writing to the administrator for placement of a Controlled Game on the permissible game list.

C. The cardroom permittee's written request shall include the following:

1. The rules of the proposed permissible game;

2. Evidence that the proposed permissible game is a controlled game authorized under state law, including, but not limited to specific written authorization by the California Department of Justice or the California Gambling Control Commission; and

3. Such other information as the administrator may require in order to be assured that the game will be played in strict conformity with state gambling law and the provisions of this title.

D. The administrator shall begin a review of the written request and an investigation into whether or not the proposed permissible game is a controlled game authorized under state gambling law after receiving the written request and all information the administrator requests from the cardroom permittee.

E. The administrator shall reject the addition of the proposed permissible game to the permissible game list only if he or she cannot make all of the following findings:

1. The proposed permissible game is a controlled game under state gambling law including either written authorization from the California Department of Justice or the California Gambling Control Commission or a final court determination.

2. The playing of the proposed permissible game will not increase the difficulty of enforcement or tend to undermine the effective regulation and control of cardrooms.

3. The playing of the proposed permissible game does not create or enhance the dangers of unsuitable, unfair, or illegal methods or activities in the conduct of controlled gambling.

4. The playing of the proposed permissible game does not conflict with federal or state law or this title.

5. The playing of the proposed permissible game is consistent with the public interest and the policies of this title.

F. The administrator is authorized to apply such terms, conditions, and limitations upon the play of any proposed permissible game as the administrator deems necessary in order to make the findings required under Subsection E.

G. The administrator's decision authorizing the proposed permissible game shall be in writing and shall be served upon the cardroom permittee.

H. No proposed permissible game shall be played by any cardroom permittee until after the administrator serves upon the cardroom permittee the authorization placing the proposed permissible game onto the list of permissible games.

(Ord. 28517, Measure K (Ord. 2010.1), adopted by electorate, 6-8-10.)

A. The rules describing how each permissible game is to be played shall be posted on the cardroom premises in a conspicuous place. Printed copies of the rules shall also be available to the public upon request.

B. The rules, which are posted and made available to the public, shall be identical to the rules provided to the administrator pursuant to requirements of this chapter.

C. The rules shall be made available in English, Spanish, Vietnamese, Korean, and Mandarin and/or Cantonese-Chinese, or such other language as the administrator may require.

(Ord. 28517.)

A. No cardroom permittee, owner, licensee, or employee shall allow, permit, or suffer any person to make any single bet or wager on any single betting square for any single hand for a California game in excess of the amount permitted under state gambling law.

B. No cardroom permittee, owner, licensee, or employee shall allow, permit or suffer any person playing in any game to make an ante, single bet, or raise per wager in any American poker game in excess of the amount permitted under state gambling law.

C. No cardroom permittee, owner, licensee, or employee shall allow, permit, or suffer any person to make a backline bet on any California game played on the cardroom premises unless all of the following conditions exist:

1. It is made on a card table with a layout designed for backline betting that is approved by the administrator, with all betting opportunities clearly and unambiguously identified on the layout in advance of submission, including the number of individual wagers permitted within each betting space, which shall be labeled on the design; and

2. No backline bet can be placed on a top of a bet that is already on the table.

D. No cardroom permittee, owner, licensee, or employee, shall allow, permit, or suffer:

1. Any card table on the cardroom premises to have more than twenty betting squares per player-position.

2. Any player at a card table to place a bet on more than ten betting squares for any single hand of any California permissible game.

3. Any player, other than a player-dealer, to place a bet on any single betting square for any single hand of any California game in excess of the amount permitted under state gambling law.

E. No cardroom permittee, owner, licensee, or employee shall allow, permit, or suffer any person to make a wager of anything other than approved gaming chips and plaques.

(Ord. 28517, Measure K (Ord. 2010.1), adopted by electorate, 6-8-10; Ord. 31306.)

Editor's note— Ord. 31306, § 3, adopted Feb. 24, 2026, repealed § 16.18.075, which pertained to limitations on continuous presence at cardroom premises and derived from Ord. 28517.

A. Cardroom permittees shall be allowed to conduct "no limit" tournament play, provided that twenty-five percent of the tournament entry fees and/or sitting fees received for such play shall be contributed to a charitable organization to be used for charitable purposes.

B. Upon request, the cardroom permittee shall provide the administrator with documentation satisfactory to the administrator of the entry and/or sitting fees collected for each play and the amount actually contributed to charity.

C. The cardroom permittee shall also provide the administrator with documentation on the charitable organization(s) chosen by the permittee including, but not limited to:

1. Proof of nonprofit and charitable status with the state and federal government;

2. The name, address, telephone number of the charitable organization; and

3. The purposes for which the money collected will be used by the charitable organization.

E. Notwithstanding the foregoing, if a cardroom permittee has entered into an agreement with the City that provides for a specified lump sum charitable contribution payment, then the permittee shall be deemed in full compliance with the charitable contribution requirement set forth in this section for the applicable year. In such case, no additional charitable contribution from tournament entry fees and/or sitting fees shall be required for that year.

(Ord. 28517, 31306.)

A. In addition to the tournament play authorized under Section 16.18.080, a Cardroom Permittee shall be allowed to conduct "guaranteed" tournament play four (4) times per year in accordance with the provisions of this Section.

B. The maximum number of Card Tables at any one (1) Cardroom in the tournament shall be thirty (30). The additional Card Tables shall not be counted against the maximum Card Table limit under Section 16.04.020.

C. The Cardroom Permittee shall obtain written approval of the Administrator in conformance with State Gambling Law.

D. Once the Administrator has approved the request under this Section, the Cardroom Permittee shall also obtain approval from the California Gambling Control Commission for the temporary increase in the number of Card Tables for the tournament in compliance with Title 4 of the California Code of Regulations Section 12358.

(Ord. 30481.)

A. No Cardroom Permittee, Owner, Employee, Funding Source, Funding Source Owner, Funded Player, or Funding Source Employee shall engage or persuade any person to play cards for the purpose of stimulating play where such person is to receive any reward, whether financial or otherwise, present or promised; or where such reward is to be diverted to the Cardroom Permittee or Owner except that the Cardroom Permittee may use Proposition Players in strict conformity with the provisions of this Chapter. Reward shall not include employment compensation provided by a Funding Source to its Funded Players or employment compensation provided by a Cardroom Permittee to its Proposition Players.

B. No Cardroom Permittee, Owner, or Employee, Funding Source, Funding Source Owner, Funded Player, or Funding Source Employee shall engage in the lending or giving of money, chips, tokens or anything of value, either real or promised, to any person, other than a Funded Player, for the purpose of allowing that person to eat or drink or to play Permissible Games.

C. No Cardroom Permittee, Owner, Employee, Funding Source, Funding Source Owner, Funded Player, or Funding Source Employee shall provide any money or services or anything of value to Patrons.

D. This Section shall not prohibit a Cardroom Permittee from reimbursing a Patron for damage to clothing caused by a Cardroom Permittee or its Employee if receipts are maintained to the satisfaction of the Gaming Administrator.

E. This Section shall not prohibit distribution of promotional items containing or imprinted with the Cardroom Permittee's name or logo with a value of less than twenty-five dollars ($25.00) so long as the promotional item is available to any person on the Cardroom premises whether or not the person is a Patron.

F. This Section shall not prohibit the Cardroom Permittee from providing reasonable cab or public transportation fare to transport a Patron from the Cardroom Premises. Upon request, the Cardroom Permittee shall provide the Administrator with documentation of the date, name and destination of the Patron and the amount of the fare that was reimbursed.

G. This Section shall not prohibit a Cardroom Permittee from offering for play certain jackpots and promotions in conformance with State Gambling Law. The Administrator shall automatically approve said certain jackpots and promotions following approval by the California Gambling Commission.

H. Notwithstanding Subsections A through C of Section 16.18.090, the Administrator may approve, in conformance with State Gambling Law, the provision by a Cardroom Permittee of certain rewards programs.

I. Notwithstanding Subsections A through C, a Cardroom Permittee, Owner, Employee, or Independent Contractor may provide complimentary or discounted food and beverages to Patrons and employees, provided that such items are not conditioned upon the Patron engaging in gambling activity, and are offered in a manner consistent with State Gambling Law and all other applicable laws and regulations, including those administered by the California Department of Alcoholic Beverage Control.

(Ords. 28517, 30481, 31306.)

A. A cardroom permittee shall use only employees, and not independent contractors as proposition players.

B. The cardroom permittee shall not provide any compensation, reward, credit, chips, or any other thing of value or representation of value to an employee who acts as a proposition player other than salary or wages earned for the time the employee works as a proposition player. This prohibition does not prohibit a proposition player from receiving reimbursement of table fees or the same employment benefits that apply to all other employees of the cardroom permittee.

C. A proposition player shall prominently display an identification card provided by the administrator identifying the player as a proposition player of the permittee at all times the player is present on the cardroom premises of the employing permittee.

D. A proposition player who plays only with his or her own personal funds shall apply for and receive a work permit as a proposition player.

E. A proposition player shall not hold multiple endorsements on the work permit authorizing the proposition player to be employed in job classifications other than as a proposition player or to be employed in more than one job classification in any gaming day.

F. A proposition player shall receive no funding from a funding source.

(Ord. 28517.)

A. Funded Players shall be required to apply for and receive a work permit unless required by the Administrator to apply for and receive a funded source employee license.

B. A Cardroom Permittee shall not allow, permit, or suffer more than one (1) Funded Player to play at a Card Table at any given time.

C. A Funded Player shall prominently display an identification card issued or authorized by the Administrator identifying the player as a Funded Player of the Funding Source at all times the player is present on the Cardroom Premises.

(Ords. 28517, 30616.)

No cardroom permittee, owner or employee shall knowingly allow, permit, or suffer any person under the age of twenty-one years at any time to be in or upon the part of the cardroom premises where gambling takes place.

(Ord. 28517.)

No cardroom permittee, owner or employee shall knowingly permit any person to play in any game at any time while such person is obviously under the influence of any alcoholic beverage, drug, or controlled substance.

(Ord. 28517.)

No cardroom permittee, owner or employee shall knowingly permit any person to enter into or remain on the part of the cardroom premises where gambling takes place while such person appears to be obviously under the influence of alcoholic beverage, drug, or controlled substance.

(Ord. 28517.)