San Rafael Municipal Code Ch. 10.36 Card Rooms

(a) It is unlawful for any person to keep or maintain or permit to be kept or maintained in any building, place or premises owned, managed, supervised, possessed or controlled by him, any table or tables which are used by the public or offered for use by the public for the playing of cards, and for the use of which a fee or compensation is charged players, without first obtaining a permit from the city council so to do.

(b) Nothing in this chapter shall apply to nor prevent persons or organizations from playing cards or conducting activities involving the playing of cards where there are no stakes involved nor where cards are played for money or where no gambling is permitted or conducted. For purposes of determining business license liability, places where cards are not played for stakes or where no gambling is involved shall not be considered as public card tables.

(Ord. 1325 § 1, 1979; Ord. 358 (part)).

A written application for permits under this chapter shall be filed with the city clerk upon forms to be provided by him and shall contain the following information:

The name, occupation, business status and residence address of the applicant; the location and ownership of the premises for which the permit is sought; the number of tables for which the permit is sought; together with such further information as the city council may require.

(Ord. 358 (part)).

The council shall submit each application to the chief of police who shall inspect the tables and the premises in question and investigate the moral character of the applicant. The chief of police shall not approve any application unless he is satisfied that the applicant is of good moral character, and that the operation of the card room at the premises proposed would not constitute a violation of any state law or ordinance of the city.

(Ord. 358 (part)).

The council may deny the application if, after investigating the matter, it determines that it will be injurious to the public health, safety, welfare or morals of the people of the city to operate the card room upon the premises for which the permit is sought.

(Ord. 358 (part)).

From and after September 1, 1968, the council shall deny all such applications.

(Ord. 917 § 1, 1968).

Every person engaged in managing, possessing or conducting the business of maintaining a place where tables are used by the public for the playing of cards and for the use of which a fee or compensation is charged players, in addition to obtaining the permit required by this chapter, shall pay the license tax provided by Chapter 10.04.

No license for such establishment shall be issued by the license collector unless and until the applicant therefor has a valid permit in effect covering the specific location in question.

(Ord. 358 (part)).

It is unlawful for any person to maintain at any time in any such place or establishment a greater number of tables than set forth in the application for which a permit is sought.

(Ord. 358 (part)).

All card rooms subject to the provisions of this chapter shall cease operations and remain closed between the hours of two a.m. (2:00 a.m.), and nine a.m. (9:00 a.m.) of each day.

(Ord. 435).

It is unlawful for the owner, tenant, operator or other such person in charge or control of the room, enclosure, game or tables, to knowingly permit any person while under the influence of intoxicating liquor or alcoholic beverage to participate either directly or indirectly in any game played at the table or within the room or enclosure.

(Ord. 358 (part)).

Permits and licenses issued under this chapter shall not be transferable and any attempted transfer shall render the permit and license in question invalid.

(Ord. 358 (part)).

Permits under this chapter may be suspended or revoked by the city council upon conviction for a violation of any of the provisions of this chapter or when in the opinion of the city council the continued operation of the place or establishment will be injurious to the public health, safety, welfare or morals of the people of the city of San Rafael.

(Ord. 358 (part)).

The provisions of this chapter shall not apply to the card rooms of recognized fraternal organizations operating under charter from the head of such organization, not open to the general public, and whose membership is restricted to those persons regularly and formally elected to membership therein and paying regular dues to such organization, but such exceptions shall not extend to any so-called "social club" or association.

(Ord. 358).

In order to comply with the requirements of the Gambling Control Act of the state of California, codified at Business and Professions Code Sections 19800 et seq., any card room licensed and permitted to operate in the city of San Rafael, subject to the provisions of this chapter, shall be subject to the following additional regulations as well as any other applicable provisions of the Gambling Control Act and any successor statutes:

1. Hours of Operation. The card room shall conspicuously post its hours of operation at all entrances and exits of the premises in which the card room is operating, in order to give law enforcement officials and patrons adequate notice of the hours during which the card room will be open for business. Such posted operation hours shall conform to the limitations on operating hours contained in Section 10.36.080.

2. Patron Security and Safety. The card room shall be responsible for and liable for the security and safety of its patrons in and around the premises in which the card room is operating. Each card room shall conspicuously post inside the card room a patron security and safety plan, in order to give law enforcement and patrons adequate notice of such plan.

3. Location of Card Room. The card room shall not be located in any zoning district where it is not permitted as a matter of right or by use permit pursuant to the provisions of Title 14 of this code.

4. Wagering Limits. The card room shall adopt and enforce wagering limits for each controlled game permitted under California Penal Code Section 337j(e) and any successor statutes, which wagering limits shall be subject to such limitations as may be set by the state of California or by the city by resolution adopted by the city council. Such wagering limits shall be conspicuously posted at or near each card table in order to give patrons adequate notice of the applicable wagering limits.

5. Number of Tables. The maximum number of card tables permitted in the card room, and the maximum number of card tables permitted in the city, shall be four (4) card tables. Each card table shall accommodate no more than ten (10) patrons at one time.

6. Work Permits. No person shall be employed by the card room as an employee, nor serve as an independent agent for the card room, unless he or she has a valid work permit issued by the state of California. Copies of such work permits shall be available for inspection by the city's law enforcement officials during the card room's hours of operation.

(Ord. 1739 § 1, 1999).