Soledad Municipal Code Ch. 5.36 Cardrooms

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* Prior ordinance history: Ord. 472.

It is unlawful for any person, firm or corporation to keep or maintain, or permit to be kept or maintained, within the incorporated area of the city, in any building, place, premises or room owned, managed, supervised, possessed or controlled by him or it, any table or tables which are used by the public or offered for use by the public for the playing of cards, or any gambling, and for the use of which a fee or compensation in any form is charged players, without first obtaining from the city a license to do so for each such building, place, premises or room.

(Ord. 560 § 1 (part), 1999)

A. A written application, verified under penalty of perjury, for a license under this chapter shall be filed with the chief of police upon forms to be provided by the city. The application, which shall be reviewed by the chief of police and the planning director, shall be accompanied by an application fee to be fixed by resolution of the city council and shall contain the following information:

1. The name, occupation, business status and residence address of the applicant and all persons having a financial interest in the obtaining of such license;

2. The location and ownership of the premises for which the license is sought;

3. The number of tables for which the license is sought;

4. A diagram of the location of the subject premises, depicting the proposed location of gaming tables, entrances and exits to the premises, and lighting both in the interior and exterior of the subject premises;

5. Proof that any person employed/to be employed as a gambling enterprise employee has obtained a valid work permit, as required by Business and Professions Code Section 19910.5 and/or all other applicable laws or regulations, from the State of California Department of Justice, Division of Gambling Control;

6. Such further information as the chief of police may require in order to determine that the operation of such a cardroom premises would be consistent with the provisions of this chapter and would not be injurious to the health, safety, welfare and morals of the people of the city.

B. The chief of police, before issuing any permit, shall inspect the tables and the premises in question. An application shall not be approved unless the chief of police is satisfied that the operation of the cardroom at the premises proposed would not constitute a violation of any state law or ordinance of the city, and that it would not be injurious to the public health, safety, welfare or morals of the people of the city to operate such business upon the premises for which the permit is sought.

C. If the chief of police denies an application, notice thereof shall be given in writing to the applicant within ten days after the date of denial. Notice shall be effected by personal service upon the applicant or by United States mail directed to the applicant at his place of residence, as shown on the license application. The applicant may appeal therefrom, in the manner set forth in Section 5.36.045.

D. Licensed cardrooms in the city shall be limited to two licenses for each three thousand and fraction thereof persons residing in said city, the population thereof at any pertinent time to be determined by the city manager in accordance with the federal census or other reliable information.

E. Licenses issued under this chapter shall expire at the end of one year after the date of issuance, unless reviewed by the chief of police upon written application of the licensee. The provisions of subsections B and C of this section shall apply to an application for renewal. The period of renewal shall not exceed one year.

(Ord. 560 § 1 (part), 1999)

It shall be unlawful to operate a cardroom in violation of any of the following rules and regulations:

A. No more than four card tables may be operated at any single licensed premises;

B. Permissible games.

1. A licensee may allow the play of any and all games at the card room permitted by the Gambling Control Act by first complying with the requirements of the Act and then by providing advance written notification to the police chief, with right to object, as follows:

i. The licensee shall provide the police chief with the bureau approval letter for any game and its rules for play at least fifteen days before seeking to play that game.

ii. The police chief shall have fifteen days to object to allowing the licensee to play any proposed game. If no objection is made, the police chief shall add the new game to the list of permissible games that may be played at the card room.

iii. The police chief may recommend a proposed limit on bets for any permissible game to the city council.

iv. The police chief shall maintain a list of permissible games that may be played at the card room and the rules on how each game and variation thereof is to be played.

v. No games shall be played at any cardroom unless it is listed as a permissible game and approved by the bureau of gambling control.

vi. The licensee shall allow the playing of permissible games only in strict conformity with the rules on file with the police chief.

2. The police chief may, at any time, and in his/her discretion, withdraw the approval of a permissible game by considering, in addition to other factors he/she deems relevant, the following:

i. Whether the playing of the game has led to an increase in complaints of cheating or an increase in police service.

ii. Whether the playing of the game has created a public nuisance or disorder in the community.

iii. Whether the playing of the game has been detrimental to the public health, safety or welfare of the citizens of Soledad.

3. A licensee may appeal the decision of the police chief to object to a game as a permissible game or to withdraw approval of a permissible game, unless such game is prohibited by the Gambling Control Act, pursuant to the procedure established in Section 5.36.045.

C. No cardroom shall contain more tables for the playing of cards than the number for which a business license fee has been paid for the current calendar year;

D. Not more than eight players at a time shall be permitted at any one card table;

E. Every cardroom shall be located on the ground floor of the premises, and no card games shall be played or permitted to be played at any other location within or upon the premises;

F. All cardrooms shall be closed at two a.m. and shall remain closed until eight a.m. of each day;

G. All cardrooms shall be open to police inspection during all hours of operation;

H. Each card table shall have assigned to it a person whose duty it shall be to supervise the game and to insure that said game is played strictly in accordance with the terms of this chapter and with the applicable provisions of the Penal Code of the state of California. Said person may supervise more than one table;

I. No person who is in a state of intoxication shall be permitted in any cardroom;

J. No cardroom shall cash any checks for players;

K. Each cardroom operator shall file with the chief of police a current list of rates charged. No changes in rates shall be made without first filing such new rates with the chief of police. No cardroom operator shall charge any rates other than those shown as posted and as filed with the chief of police;

L. The cardroom operator shall not permit, cause, create, conduct, or allow to be maintained a public nuisance of any kind upon or about the premises on which a cardroom is operated;

M. During hours of operation, doors must be kept unlocked and the premises accessible to the general public;

N. Cardroom activity shall be physically separated from other activities on the premises;

O. No player shall be allowed to wager in excess of established table stakes;

P. There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating that only the games permitted in subsection B of this section are permitted to be played and stating the charge per hour (if any) exacted from each player for the privilege of playing;

Q. House table rules, table betting limits, and hours of operation shall be clearly posted.

(Ord. 648 § 2, 2007; Ord. 624 § 2, 2005; Ord. 560 § 1 (part), 1999)

(Ord. No. 716, § 3, 4-4-2018)

A. Neither an operator nor any employee of a cardroom shall permit any person under the age of twenty-one years of age to participate in any card game or to be present upon the premises upon which a card table is operated.

B. No person under the age of twenty-one years of age shall enter within, or be present within, the premises upon which a cardroom is operated: nor shall such person participate in any card games played on the premises.

(Ord. 560 § 1 (part), 1999)

No operator or employee shall offer or give, or permit to be offered or given, any bonuses, alcoholic beverages or other gifts or incentives to persons engaged in card playing on the premises.

(Ord. 560 § 1 (part), 1999)

A. No cardroom operator or employer shall permit, nor shall any person make, any single bet in excess of five hundred dollars in any card game.

B. Betting limits shall be clearly posted to give patrons adequate notice of the rules related to wagering.

(Ord. 560 § 1 (part), 1999)

(Ord. No. 717, § 2, 8-1-2018; Ord. No. 716, § 4, 4-4-2018)

A. No cardroom operator or employee shall loan money or permit money to be loaned, with or without security, to any person as a stake in any card game, or for any other reason, on the premises upon which the cardroom is operated.

B. No cardroom operator or employee shall purchase or permit the same of any property, real or personal, to be used for extending on the premises upon which a cardroom is operated.

(Ord. 560 § 1 (part), 1999)

It shall be unlawful for any cardroom operator to employ a person to act in the capacity of a shill or dummy, and it shall be unlawful for any person to act in the capacity of a shill or dummy. As used in this section, the term "shill" means an accomplice of a gambler who participates in a card game, and the term "dummy" means one who plays in a card game acting for a cardroom operator or employee while ostensibly acting for himself.

(Ord. 560 § 1 (part), 1999)

It is not the intent of this chapter to permit the operation of a cardroom for the playing of any game prohibited by the state of California, including but not limited to, those games enumerated in Section 330 of the Penal Code, which sections includes banking and percentage games. The playing of any such games is hereby expressly prohibited.

(Ord. 560 § 1 (part), 1999)

A. Licenses issued under this chapter shall not be transferable and any attempt to transfer shall render the license in question invalid.

B. Licenses under this chapter may be suspended or revoked by the chief of police upon the occurrence of one of the following:

1. Conviction of the licensee or any employee of said licensee for a violation of any of the provisions of this chapter;

2. Conviction of the licensee or any employee of said licensee for violation of Section 330 of the Penal Code of the state of California or any other statutory provision of the state of California regarding gambling;

3. Determination of the chief of police that the operation of such place or establishment constitutes a public nuisance under the provisions of Sections 3479 and 3480 of the Civil Code of the state of California;

4. The licensee is operating the cardroom in a manner which poses a serious and immediate threat to the health or safety of the public; or

5. The licensee is in violation of any of the sections of this chapter, or any applicable law, rule or regulation.

C. Upon the suspension or revocation of a permit by the chief of police, notice of such suspension or revocation shall be given in writing to the licensee and the licensee may appeal therefrom in the manner set forth in Section 5.36.045.

(Ord. 648 § 3, 2007; Ord. 560 § 1 (part), 1999)

A. If a business license is denied, suspended or revoked by the chief of police, the applicant for or persons holding such a business license may appeal the decision to the city manager, or his/her designee, by filing a written notice of appeal in the city manager's officer within ten days after the action is taken by the chief of police.

B. Upon receipt of said written notice of appeal, the city manager or designee shall set a date for hearing said appeal, which date shall be within twenty days after receipt of appellant's notice of appeal. The city manager or his/her designee shall conduct the hearing on the appeal. Written notice of the time and place of the hearing shall be given to the appellant at least ten days prior to said hearing by placing the same in the U.S. mail, postage prepaid, certified, return receipt requested.

C. Hearings on appeals from denial, suspension or revocation of business licenses shall be conducted informally and need not be conducted according to technical rules relating to evidence and witnesses. Any relevant information shall be considered, including sworn testimony, if it is the sort of information on which responsible persons are accustomed to rely in the conduct of serious affairs. A transcript shall be made of the proceedings.

D. The city manager or designee shall render his/her decision within thirty days after the close of the hearing. The city manager's or designee's decision shall be final and no appeal may be taken to the city council.

(Ord. 560 § 1 (part), 1999)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished as set forth in Chapter 1.04 of this code.

(Ord. 560 § 1 (part), 1999)

A. It is the stated purpose of this chapter to regulate cardrooms and card tables in the city concurrently with the State of California, and to impose local controls and conditions upon cardrooms as permitted in the Gambling Control Act as codified in Division 8, Chapter 5 of the California Business and Professions Code (commencing with Section 19800) and Title 4, Division 18 and Title 11, Division 3 of the California Code of Regulations, subject to all regulations promulgated by the State of California Department of Justice Bureau of Gambling Control. All such references in this chapter to the Gambling Control Act are to such laws, as may from time to time be amended.

B. The registration of any corporation, individual, partnership or other entity or person under the provisions of the Gambling Control Act does not entitle such state registrant to any license or permit under this chapter.

(Ord. No. 716, § 2, 4-4-2018)