Earlier editions: 2026-07
Title IV — BUSINESS REGULATIONS
Taft Municipal Code Ch. 17 Card Rooms
Taft Municipal Code · 2026-10 edition · updated 2026-10-03 · Taft
Cite as: Taft Municipal Code Chapter 17 · Text as of 2026-10-03
4-17-1: DEFINITIONS:¶
For the purpose of this Chapter, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires the contrary:
APPLICANT: Every person filing an application with the City seeking a card room permit or any other permit required under this Chapter.
BENEFICIAL INTEREST: That interest in a card room held by the beneficiaries of a trust which as part of the corpus thereof, holds a financial interest in such card room.
CARD ROOM: Any building or structure, or portion thereof, for which a card room permit is obtained and in which legal gambling or gaming is conducted.
CARD TABLE: Any table or any other surface upon which any game is played.
COMMENCE: Shall mean and include the terms "commence", "transact", "maintain", "prosecute", "practice", "manage", "operate", "permit", "allow", "suffer", and "carry on".
CONDUCT: Shall mean and include the terms "conduct", "transact", "maintain", "prosecute", "practice", "manage", "operate", "permit", "allow", "suffer", and "carry on".
CONVICTION OR CONVICTED: A plea of guilty, a final verdict of guilty or a conviction following a plea of nolo contendere.
COUNCIL: The City Council of the City of Taft.
DAY: Shall mean "calendar day" unless otherwise expressly stated.
EMPLOYEE: Every person who acts either as agent or employee of the permittee or under the direction of the permittee of any card room. A management corporation is an employee for purposes of this Chapter.
FILING AND PROCESSING FEES: The imposition, pursuant to this Chapter and/or any resolution of the Council, of fees and/or deposits to be used for the purpose of reimbursing the City for its costs of administering the provisions of this Chapter.
FINANCIAL INTEREST: Any direct or indirect financial interest in the management, operation, ownership, profits or revenue (gross or net) of a card room. A direct financial interest means a monetary investment in a card room. An indirect financial interest means owning one percent (1%) or more of any entity, i.e., any business, corporation, joint venture partnership or trust that in turn has a direct financial interest in a card room.
GAME: "Legal gambling or gaming" as defined below.
GROSS REVENUE: Shall mean and include seat rental fees, membership fees, table revenues, rental fees and charges, and any and all other gaming revenues derived from activities conducted on or within the card room premises.
KEY MANAGEMENT EMPLOYEE: Shall mean: a) any person, whether or not such person is a named officer director of the permittee, with the power to direct operations and direct supervisory and several employees of a card room; b) any person with the actual or apparent authority to direct the counting of revenue generated by the card room; and c) any person employed or engaged by the permittee to manage the card room.
LEASE: Any formal or informal written or oral contract or understanding or arrangement whereby any person operating a card room obtains the use or possession of any property, real or personal, to be used, occupied, or possessed in connection with the conduct of games at any card room. The term "lease" includes, without limitation, payments to an affiliated person under a real property lease, a personal property lease, an unsecured note, a deed of trust, a mortgage, or a trust indenture.
LEGAL GAMBLING OR GAMING: Any card game played for currency, check or any other thing of value which is not prohibited and made unlawful by chapter 9 (commencing with section 319) or chapter 10 (commencing with section 330) of title 9 of part 1 of the Penal Code or by this Chapter.
LESSOR: Any person who leases any property, real or personal, to a person operating a card room for use in connection with the conduct of games or related activities.
MANAGER: Any agent or employee of a permittee whose duties include, but may not be limited to, the following: the making or changing of policy, hiring or firing employees, and/or generally exercising independent judgment in the operation of the card room. A manager need not have a financial interest in the permittee.
PERMIT: A permit issued pursuant to this Chapter allowing the operation of a card room.
PERMIT FEES: All fees levied upon each permittee pursuant to this Chapter.
PERMITTEE: The person or entity to whom (which) a permit is issued.
PLAYING CARDS OR CARD GAMES: The participation in legal gambling or gaming at a card room.
POINTHOLDER: Any person having a financial interest or beneficial interest in the permittee as well as all stockholders of any entity having a financial interest or beneficial interest in the permittee.
PREMISES: Land, together with all buildings, improvements, and personal property located thereon and related to card room use.
SECURITY DEPOSIT: Any security or deposit required by this Chapter to ensure the prompt and full payment of any permit fees imposed by the City pursuant to this Chapter.
WORK PERMIT: A permit issued pursuant to this Chapter authorizing a person to be an employee of a card room. (Ord. 663-99, 2-16-1999)
4-17-2: CONFORMANCE WITH STATE LAW:¶
(A) It is the stated purpose of this Chapter to regulate card rooms in the City concurrently with the State and to impose local controls and regulations upon card rooms as permitted in the "Gaming Registration Act" as codified in division 8, chapter 5 of the California Business and Professions Code (commencing with section 19800). All such references in this Chapter to the Gaming Registration Act are to division 8, chapter 5 of the California Business and Professions Code, as may be amended.
(B) In conformance with State law, the playing of percentage games is impermissible. Any fees paid by patrons of a card room shall not be tied to the amount of a player's bet, the size of the pot, winnings that may be collected, or money that changes hands among the players at the table. (Ord. 663-99, 2-16-1999)
4-17-3: NO VESTED RIGHT:¶
This Chapter does not create any vested or other property right of any kind in any permittee, pointholder, key management employee, or other person. The City reserves the right to, at any time, amend, modify or repeal the provisions of this Chapter and to otherwise regulate or prohibit any privilege exercised thereunder. This reservation includes, but is not limited to, the right of City to amend, from time to time, a permit issued pursuant to the terms of this Chapter by resolution of the Council. (Ord. 663-99, 2-16-1999)
4-17-4: OTHER PERMITS REQUIRED:¶
It is the declared policy of the City that pointholders, key management employees, managers and employees apply for and be issued permits after an individual personal background investigation, and that the involvement of such persons be controlled so as to better protect the public health, safety, good order and public welfare.
(A) It shall be unlawful for any person or other entity to commence or conduct or purport to commence or conduct, within the City any business, activity, enterprise, undertaking, or place where tables or other items or units of furniture are used directly or indirectly for playing cards or card games and for the use of which a fee, commission, or compensation is directly or indirectly charged, accepted, or received from players or participants in any such playing of card games until such person shall have first obtained a card room permit and until such permittee has secured a card room operations certificate for the operation of such card games at specific premises.
(B) An applicant for a card room permit or other permit required under this Chapter is seeking the granting of privilege. Therefore, the burden of proving that all qualifications have been met to receive any such permit is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, approving or disapproving any application, and, a waiver of any claims for damages against the City or its agents resulting therefrom shall be acknowledged upon the filing of an application.
(C) An applicant for a permit pursuant to this Chapter may claim any privilege afforded by the Constitution of the United States in refusing to answer questions by the City. However, a claim of privilege with respect to any testimony, evidence, or requested information pertaining to an application may constitute sufficient grounds for denial of any such permit. (Ord. 663-99, 2-16-1999)
4-17-5: CARD ROOM PERMIT CONDITIONS:¶
(A) This Chapter limits the location of permitted card rooms to the C-2, M-1, and M-2 Zones within the City. The card room shall also be subject to the requirement that it will not be located within five hundred feet (500') of any school, church, or residentially zoned parcel.
(B) No more than five (5) card tables shall be allowed to operate within the City limits, unless the card room is developed pursuant to Section 4-17-6 of this Chapter. No more than five (5) card tables shall be allowed to operate under any single card room permit unless the card room is developed pursuant to Section 4-17-6 of this Chapter.
Notwithstanding the limitations of this Chapter, in the event a resort hotel is developed, a card room may be established within a resort hotel. The card room within the resort hotel shall comply with all requirements of this Chapter as well as requirements set out in Section 4-17-6 of this Chapter. The intention of the City to allow development of a resort hotel is to encourage and support tourist-related development and activity for the benefit of the public including the citizens of the City.
(C) A permittee may operate the card room twenty four (24) hours per day.
(D) Everything else being equal, employees shall be local residents whenever possible, if qualified. Local means having a Taft zip code in their home address. All employees of card rooms shall be fingerprinted and registered, subject to the conditions in Section 4-17-15 of this Chapter, by the Police Department.
(E) The card room permit shall be in effect until such time that it is revoked, suspended or surrendered.
(F) At least one pointholder shall have as his/her legal residence a home, whose address bears a Taft zip code or is currently the owner and operator of a licensed business operating from a business address located within the boundaries of the City. (Ord. 663-99, 2-16-1999)
4-17-6: RESORT HOTEL CARD ROOM PERMIT CONDITIONS:¶
(A) A permittee must provide or have provided to it and its patrons full restaurant service twenty four (24) hours a day or during the hours that the card room is operated.
(B) Everything else being equal, employees shall be local residents wherever possible, if qualified. Local means having a Taft zip code in their home address. All employees of the gaming club shall be fingerprinted and registered, subject to the conditions in Section 4-17-15 of this Chapter, by the Police Department.
(C) Pursuant to this Chapter, a permittee shall not operate a card room that has less than ten (10) playing tables. Pursuant to this Chapter, no more than forty (40) playing tables shall be allowed to operate within the City limits.
(D) A card room established pursuant to this Chapter must be located in a building in which the area devoted to the card room is no less than three thousand (3,000) square feet. The card room may be located in a portion of the resort hotel described in subsection (E) of this Section and may consist only of a card room.
(E) It is the intention of the City to award a permit and said permit to be utilized in the development of a resort hotel for the benefit of the public including the citizens of the City. The permit shall be utilized in and in connection with and so as to promote, encourage and support tourist- related development and activity, utilizing the other assets, facilities and attractions of the City.
Thus, the permittee shall provide for the establishment either in the building or on the same property, a resort hotel. The resort hotel shall be completed and issued a certificate of occupancy within three (3) years of the issuance of a permit for a resort hotel card room or the resort hotel card room permit will be suspended until such time as the resort hotel is ready for occupancy. Such facility must be located in the C-2, M-1, or M-2 Zones within the City, and then only after approval of a conditional use permit. The resort hotel is subject to all the other provisions of the Zoning Ordinance. The facility shall also be subject to the requirement that it will not be located within five hundred feet (500') of any school, church, or residentially zoned parcel.
In addition a resort hotel is defined as having:
An indoor or outdoor heated pool. Such outdoor pool shall be heated so as to provide a water temperature of at least seventy two degrees Fahrenheit (72°F) at least eight (8) months of the year.
A minimum of no less than fifty (50) rooms.
Banquet facilities such as to permit the occupancy of three hundred (300) diners or more at the same time.
- A minimum lot size of five (5) acres or more.
- A sauna and a hot tub either indoor or out.
- A recreation and exercise room.
- An arcade of video games.
- Conference rooms of a minimum of two thousand (2,000) square feet.
The holder of the resort hotel card room permit may operate the card room in the area defined in subsection (D) of this Section, by virtue of ownership, lease or exclusive permit of the area. If the resort hotel required by this subsection is not owned by the permittee, then the owner of the resort hotel shall file with the application under oath that its resort hotel may be used to qualify the permit. Once the permit is granted the resort hotel shall not qualify any additional permits unless the original permit is revoked or surrendered.
(F) Not withstanding subsection (E) of this Section, the card room must be under operation within eighteen (18) months of the issuance of the permit or said permit is revoked.
(G) The City shall cooperate and facilitate the development of the resort hotel card room pursuant to this Chapter under the City's normal procedures and shall not unreasonably deny approval or create any inordinate delays in the construction of any part of these facilities. (Ord. 663-99, 2-16-1999)
4-17-7: RESORT HOTEL CARD ROOM PERMIT FEES AND DEPOSITS:¶
For the purpose of clarification, the permit fees set forth in this Section are in addition to application fees required in Section 4-17-12 of this Chapter and are for regulation and revenue purposes and are levied pursuant to the authority of applicable laws.
(A) A resort hotel card room deposit fee of ten thousand dollars ($10,000.00), which shall be the property of and retained by the City. In the event that the permit applied for is issued, the permit fee described herein shall be applied as a credit for the first installment of the initial resort hotel card room permit fee described in Section 4-17-8 of this Chapter. In the event that the resort hotel card room permit is not issued, the permit fee deposit shall be returned to the applicant.
(B) Each applicant shall be properly licensed by the Gaming Registration Division of the California Attorney General's Office. (Ord. 663-99, 2-16-1999)
4-17-8: GROSS REVENUE PERMIT FEES:¶
(A) Resort Hotel Card Room Permit Fee: Each permittee, permitted pursuant to the provisions of Section 4-17-6 of this Chapter, shall pay a monthly fee based upon the total monthly gross revenue of the legal gaming business so permitted at a rate of ten percent (10%) of the monthly gross gaming revenues.
(B) Statement Of Revenues: Each permittee, permitted pursuant to the provisions of Section 4-17-6 of this Chapter shall file with the City's Finance Director before the fifteenth day of each calendar month, a statement, under oath, showing the true and correct amount of the gross revenue from the legal gaming business, for the preceding calendar month.
Such statement shall be accompanied by the payment of the correct amount of the permit fee due and owing, in accordance with the provision of subsection (A) of this Section and such sums correctly reflecting the monthly fees payable for the preceding month shall be accepted by the City, subject, however, to the right of the City to audit these matters referred to in the statement and to determine the correctness of the figures set forth in such statement and the amount payable to the City pursuant to provision of subsection (A) of this Section.
(C) Excess Revenues Collected: The revenues collected under the ordinance that exceed the cost of administering the ordinance shall be part of the General Fund. (Ord. 663-99, 2-16-1999)
4-17-9: CARD ROOM PERMIT APPLICATION:¶
(A) Any person desiring or proposing to commence or conduct business, activity, enterprise or undertaking pertaining to or involving a card room, shall file an application with the City Manager using such forms as are provided by the City. Each application shall contain and each applicant shall execute a statement as follows: "The undersigned applicant(s) declares under penalty of perjury that the foregoing is true and correct."
(B) The card room permit, if granted, will be issued only in the name of an individual, a sole proprietorship, a partnership, or a corporation (such entity to be referred to as permit applicant), and, the permit shall require that, concurrent with the granting of the card room permit, each pointholder and key management employee of the permit applicant be issued permits allowing such individuals or entities to be involved in the activities, profits and direction of the card room operation (such individuals and entities to be referred to as pointholder permit applicants and key management employee permit applicants respectively). Pointholder permits shall be issued only in the name of an individual. City officials, the City Manager, the City Attorney, Council members, planning commissioners, City employees, and relatives of the City Manager, the City Attorney, Council members, planning commissioners, and department heads shall not be eligible to apply for card room permits, pointholder permits or any form of employee permit or registration card. For purposes of this Chapter "relatives" means any person who is related in the first degree of consanguinity by blood or marriage to the City Manager, the City Attorney, Council members, planning commissioners, or department heads.
(C) In addition to other information as may be required by said application forms for a card room permit, the applicant shall complete and provide the following information in as great detail as is available or as the City Manager or his/her designee may require:
The date of the application;
The true name of the applicant;
The status of the applicant as being an individual, a sole proprietorship, a partnership or a corporation;
If the applicant is an individual, the residence and business address and personal history record of such applicant;
If the applicant is other than an individual, the name, residence, and business address of each of the partners or stockholders who qualify as pointholders and the name, residence, and business address of each of the officers and directors of the entity. For purposes of this Chapter such officers and directors shall be deemed "managers" as defined in this Chapter and shall be subject to all terms and conditions that managers are subject to;
An application for a pointholder's permit, including a personal history record, for every pointholder who has, or is proposed to have, a financial interest, direct or remote, in the proposed card room operation;
An application for a key management employee's permit, including a personal history record, for each individual who is or is proposed to be a key management employee of the proposed card room;
An application for a manager's permit, including a personal history record, for each individual who is or is proposed to be a manager of the proposed card room;
A description of the premises to be used in relation to card room activity including, but not limited to, card playing area, restaurant(s) and parking;
A statement of the games proposed to be played including any specific rules thereto;
The number of card tables to be placed, employed, or used;
A description of any other business conducted or proposed to be conducted on the premises;
A statement of the applicant's experience in the operation and management of card rooms and/or other lawful gambling and/or other related activities;
A statement that such premises will conform to all the laws of the State and the City for occupancies of the nature proposed;
A complete description and layout of all security measures proposed in as great a detail as available, which shall be a confidential document and not open to public inspection or disclosure;
Each application for a card room permit, a pointholder's permit, a manager's permit, or a key management employee's permit shall include the following:
(a) A statement that the applicant understands that the application shall be considered only after a full background investigation and report has been made by such members of City staff as are designated by the City Manager.
(b) A statement that the applicant understands and agrees that any business or activity conducted or operated under any permit or permit issued under such application shall be operated in full conformity with all the laws of the State and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any permit or permit therefor subject to immediate suspension or revocation.
(c) A statement that the applicant has read the provisions of this Chapter and particularly the provisions of this Chapter and understands the same and agrees to abide by all rules and regulations contained in this Chapter.
(d) A complete statement of financial position for each applicant. The financial statements required by this subsection shall be confidential documents and shall not be open to public inspection. Documents shall be available only to those officers and employees having direct jurisdiction involving the provisions of this Chapter and to any court of competent jurisdiction where any matter relating thereto may be actually pending;
Concurrently with the filing of their applications, the card room permit applicant and the pointholder and key management employee permit applicants shall be fingerprinted and photographed by the Police Department. Applicants shall authorize the City to obtain any available criminal offender record information relating to applicant and shall further authorize the updating of that information on an annual basis if a permit is granted;
If an applicant for a card room permit is a publicly traded corporation, each person having a beneficial interest of at least five percent (5%) in the applicant corporation shall be identified and may be required to meet all the requirements for applicants and permittees. (Ord. 663-99, 2-16-1999)
4-17-10: POINTHOLDER AND KEY MANAGEMENT EMPLOYEE PERMIT APPLICATION:¶
As set forth in Section 4-17-9 of this Chapter, the applications for all pointholder and key management employees shall be submitted as part of the application for a card room permit.
Each permit applicant shall be responsible for providing complete and accurate information and for signing the permit application. However, it shall be the responsibility of the card room permit applicant (or permittee for subsequent applications) to submit the completed applications and pay any application fees.
Failure to submit complete applications for each proposed pointholder and key management employee may be grounds for denial or revocation of a card room permit. (Ord. 663-99, 2-16-1999)
4-17-11: CARD ROOM OPERATIONS CERTIFICATE APPLICATION:¶
A card room operations certificate shall be issued only to a card room permittee. This certificate must be applied for concurrently with the card room permit.
The card room operations certificate application shall be filed with the City Manager. The application shall include, but is not limited to, the following:
(A) Detailed floor plan of the interior of the proposed card room facility specifying at a minimum:
- The location of all cardplaying areas;
- The manner in which the cardplaying areas shall be separated from other areas;
- The location of any and all other proposed facilities within the card room premises.
(B) Detailed plans of the parking facilities including a lighting and security plan.
(C) A detailed statement of all proposed security measures, both physical and operational, including an acknowledgment by the permittee of liability for the security and safety of patrons, or a statement acknowledging limitations on the liability of the permittee for the security and safety of the patrons and that the card room has been posted to provide adequate notice to the patrons of said limitations.
(D) A detailed statement and description of all plans, both physical and operational, for the handling of money, including, but not limited to, provisions, if applicable, for the following:
- Purchase of chips and protection against counterfeit chips;
- Check cashing or ATM card cashing procedure;
- Procedures for bringing money to or removing money from the premises;
- Procedure for determining and depositing daily gross receipts.
(E) A statement of the internal accounting and administrative control system proposed to be used by applicant. The City may require that an evaluation be performed by a certified public accountant at applicant's expense.
(F) Evidence of compliance with any prerequisites for compliance with the State Gaming Registration Act including, but not limited to, valid registration from the Attorney General of the State.
All information provided regarding security measures, internal controls, or provisions relating to the handling of cash, chips, and cards shall be deemed confidential and shall not be available for public inspection unless required by law. (Ord. 663-99, 2-16-1999)
4-17-12: APPLICATION FEES:¶
For purposes of clarification, the fees set forth in this Chapter are for both regulation and revenue purposes and are levied pursuant to the authority of article XI, section 5 of the constitution of the State of California. Each application for any permit shall be subject to fees and deposits, payable to the City as follows:
(A) A card room permit application fee in the amount of two hundred fifty dollars ($250.00) shall be retained by the City for the payment of the costs of investigation.
(B) A pointholder and key management employees permit application fee in the amount of two hundred fifty dollars ($250.00) per applicant shall be retained by the City for the payment of the costs of investigation.
(C) An employee work permit application fee in the amount of two hundred fifty dollars ($250.00) per applicant shall be retained by the City for the payment of the costs of investigation.
(D) A card room operations certificate application fee in the amount of two hundred fifty dollars ($250.00) shall be retained by the City for the payment of the costs of investigation which shall be paid to the City prior to the issuance of the card room permit. (Ord. 663-99, 2-16-1999)
4-17-13: CARD ROOM PERMIT FEES/RENEWAL FEES:¶
(A) The card room permit fee required for carrying on or conducting the business heretofore described shall be one thousand five hundred dollars ($1,500.00) per annum, payable quarterly in advance, for any number of tables up to five (5).
Notwithstanding the above, resort hotel card rooms shall pay the permit fees and deposits and the gross revenue permit fee established by Sections 4-17-7 and 4-17-8 of this Chapter. (Ord. 663-99, 2-16-1999)
4-17-14: CARD ROOM PERMIT, POINTHOLDER PERMIT AND KEY MANAGEMENT EMPLOYEE PERMIT…¶
(A) Investigation And Report: Upon receipt of a card room permit application and all relevant application and permit fees, the City Manager or his/her designee shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant, individual pointholders, and key management employees and managers. Such matters may include, but are not limited to, the following:
Identity, character and background of the permit applicant, all individual pointholders, and all key management employees and managers;
A full and complete investigation of the building or proposed building and location where the applicant proposes to conduct such business and activity including parking, traffic movement and aesthetics;
Compliance with City's General Plan, zoning, environmental requirements, ordinances and other laws;
Type of tables to be used and their proposed locations and the rules for and types of games proposed to be played, area where food and beverages are proposed to be served, and means for excluding persons under twenty one (21) years of age from cardplaying areas;
Type and degree of security personnel and facilities to be provided;
The financial stability of the pointholders involved in the application and the financial ability of the applicant to comply with the conditions and requirements of the City and other governmental and legal requirements and conditions in the event the application is approved.
The City Manager shall make such investigation as to all matters within his jurisdiction with reasonable promptness and shall report to the City Council with reference thereto in due course.
(B) Notice: Prior to consideration by the Council, the City Clerk shall give written notice of a public hearing by one publication in a newspaper of general circulation within the City not less than ten (10) days prior to the date of the public hearing. Such notice shall state the nature of the request, the location of the property, and the time and place of the hearing.
(C) Council Hearing And Determination: In the event a full and complete application for a card room permit is presented to the Council, and the payments required by this Chapter in connection therewith have been duly made to the City, and the investigations and reports required under the provisions of this Chapter have been duly completed, the Council shall have jurisdiction to consider such application.
At the time and place set for hearing of an application for a card room permit, the Council shall consider the application, the City Manager's findings and recommendations, including the report of the investigation, written testimony and public testimony. Within a reasonable time after the close of the hearing, the Council shall make a determination on the application.
The Council by resolution shall either grant, conditionally grant, or deny the card room permit application. This Chapter limits the location of permitted card rooms to the C-2, M-1, and M-2 Zones within the City. The card room shall also be subject to the requirement that it will not be located within five hundred feet (500') of any school, church, or residentially zoned parcel.
(D) Requirements For Issuance: The Council may grant a card room permit only if it determines that:
The proposed card room use will not result in the substantial aggravation of crime problems or make law enforcement unduly difficult;
The proposed card room is not detrimental to the public peace, health, safety and welfare;
The proposed card room use is in compliance with all laws, including, but not limited to, the City's zoning, fire, building or other ordinance; and
The proposed card room use would be consistent with the purposes and provisions of this Chapter and is not contrary to public interest.
(E) Grounds For Denial: The Council shall deny issuance of any permit under the provisions of this Chapter in any of the following cases:
The proposed business or activity to be operated is in violation of any Federal, State or City laws or regulations;
The game or games for which a permit is applied is/are unlawful;
The applicant, and each pointholder thereof, has not first obtained a valid registration from the Attorney General of the State issued pursuant to the Gaming Registration Act;
The applicant is identified by any law enforcement agency, legislative body or crime commission as a member of, or an associate of, organized criminal elements;
The applicant knowingly making any false statement in the application or as to any other information presented as part of the application process;
Prior unsuitable operation as a card or gaming permittee in another jurisdiction;
Inadequate security;
If none of the pointholders meet the qualifications set forth in subsection 4-17-5(F) of this Chapter. (Ord. 663-99, 2-16-1999)
4-17-15: EMPLOYEE WORK PERMITS:¶
(A) It shall be unlawful for any permittee to employ any person to work in a card room without such person having been first registered with the Police Chief.
(B) Each card room employee shall present himself or herself at the Police Department during normal business hours, prior to commencement of any such employment, and be registered.
(C) Each employee shall:
- Complete an application;
- Be fingerprinted;
- Be photographed;
- Provide any other information that the Police Chief or his or her designee may require; and
- Certify the contents of the application under penalty of perjury.
(D) The Police Chief is hereby authorized to obtain criminal history information for each employee seeking registration.
(E) A fee of two hundred fifty dollars ($250.00) per applicant as set forth in Section 4-17-12 of this Chapter shall be paid together with the registration or renewal application.
(F) Within thirty (30) days after completion of the background investigation, the Police Chief or his/her designee shall mail a written decision to the applicant either granting or denying registration and explaining the reasons for denial.
(G) The Police Chief or his/her designee shall provide each registered employee with a permanent identification card to be known as a "work permit" which shall be displayed in accordance with the requirements of this Chapter.
(H) Each registered employee shall renew his/her registration with the Police Chief at least thirty (30) days prior to the anniversary of the date of his or her initial registration and every anniversary thereafter. New cards will be issued as the City deems appropriate.
(I) The card room permittee shall inform the Police Chief of any change in employment status of a registered employee within twenty four (24) hours of the effective date of the change in employment. A change in employment status shall include termination of employment, leave of absence in excess of sixty (60) days, or any promotion or other change in position, job title, or duties.
(J) The California Department of Justice, Division of Gambling Control is hereby authorized to review all employee work permit applications and submit objections to the Police Chief to the issuance of a work permit to that employee. (Ord. 663-99, 2-16-1999)
4-17-16: GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF REGISTRATION:¶
The Police Chief shall revoke or suspend the registration of or deny registration to a card room employee or potential employee on any of the following grounds:
(A) The employee has been convicted of a crime involving lotteries, gambling, bookmaking, larceny, perjury, bribery, extortion, fraud, theft, or embezzlement, or a crime involving moral turpitude, or has been convicted of being under the influence of, possession of, the sale or possession for sale of a controlled substance, prostitution, pimping, or pandering, or has been convicted of any crime substantially related to service or entertainment business;
(B) The employee has committed any act involving dishonesty, fraud or deceit with the intent to substantially benefit the employee or benefit another, or substantially injure another;
(C) The employee has violated any provisions of this Chapter;
(D) The employee knowingly made a false statement in his or her application or to any City officer, employee, or agent;
(E) The employee has violated any law or ordinance relating to the operation of a card room;
(F) Objection by the California Department of Justice, Division of Gambling Control to the issuance of the work permit. (Ord. 663-99, 2-16-1999)
4-17-17: DENIAL, SUSPENSION AND REVOCATION OF REGISTRATION OF WORK PERMIT:¶
(A) If it appears at any time that good cause may exist for the Police Chief to deny registration of an employee, or to suspend or revoke an existing registration, the Police Chief shall provide the employee and permittee with the opportunity for a hearing before the Police Chief to show cause why registration should not be denied, suspended or revoked.
(B) In the case of denial, suspension or revocation, the employee shall be given ten (10) days from the date of mailing of the notice of denial, suspension or revocation to request a show cause hearing before the Police Chief. The employee shall be deemed to have waived the right to show cause hearing if the Police Chief does not receive the employee's request for a hearing within ten (10) days of the date of mailing of the notice.
(C) The Police Chief shall schedule the hearing within fifteen (15) days after receipt of the request for a show cause hearing. The Police Chief shall mail notice of the time, place and date of the hearing to the applicant or employee and the employer within five (5) days after receipt of the request for hearing.
(D) The technical rules of evidence shall not apply to the show cause hearing.
(E) If the Police Chief, on the basis of substantial evidence presented at the show cause hearing, finds good cause therefor, the Police Chief may deny registration to the employee, or suspend or revoke the registration.
(F) In those extraordinary circumstances, wherein the Police Chief determines immediate suspension or revocation necessary as a result of accusations involving conduct resulting in great or irreparable harm or injury to the City or accusations involving conduct in need of immediate restraint to prevent great or irreparable harm or injury to the City, the Police Chief may issue a notice of revocation or a notice of suspension which shall be deemed effective immediately upon issuance.
The employee shall have ten (10) days from the date of such issuance of notice of revocation or notice of suspension to request a hearing. The Police Chief shall schedule a hearing within five (5) days after receipt of the request for hearing under this subsection. Technical rules of evidence shall not apply for such hearing. If the Police Chief, on the basis of substantial evidence presented at such hearing, finds good cause therefor, the Police Chief may uphold the order of suspension or the order of termination. (Ord. 663-99, 2-16-1999)
4-17-18: SUSPENSION AND REVOCATION OF PERMITS:¶
(A) General: All permits issued pursuant to the provisions of this Chapter may be revoked in the time and manner set forth in this Section.
(B) Grounds: Any permit issued pursuant to the provisions of this Chapter shall be suspended as hereinafter set forth.
The Attorney General of the State has suspended or revoked a permittee's registration under the Gaming Registration Act of the State;
The permittee has failed to pay, when due and payable, any of the permit fees or other fees provided for in this Chapter;
The permittee has made any fraudulent statement as to a material fact on an application form, or as to any other information presented as part of the application process; or
The permittee has wilfully violated any provisions of Sections 4-17-19 and 4-17-22 of this Chapter.
(C) Action Of The City Manager: Whenever the City Manager has information that a violation constituting a ground for the suspension or revocation has occurred, he/she shall forthwith investigate the same. If he/she determines that such a violation has occurred, he/she shall forthwith set the matter before the City Council at the next regular meeting.
He/she shall give notice of the time and the place of such hearing before the City Council to the permittee not less than one week in advance of the date of the hearing.
(D) Hearing: At the time set for such hearing, the City Council shall hear the evidence presented by the City Manager, purporting to show that grounds exist for the suspension or revocation; thereafter, the City Council shall allow the permittee, and any other interested person, to present such evidence as may be relevant to dispute the existence of such facts.
The City Council may continue the hearing from time to time.
If the City Council is satisfied that probable cause for suspension or revocation exists and that the continued operation of the card room jeopardizes, or threatens to jeopardize, the public welfare; it may suspend the permit pending the conclusion of the hearing.
(E) Decision Of The City Council: If, based upon the evidence presented, the City Council finds that the facts are presented which constitute grounds for the suspension, it shall be suspended, or if grounds exist for revocation, it shall revoke the permit. If it finds that the facts are not present, it shall dismiss the proceedings. (Ord. 663-99, 2-16-1999)
4-17-19: RULES AND REGULATIONS:¶
The following rules and regulations are hereby established and promulgated with reference to games for which permits are issued under the provisions of this Chapter. Permittees holding or obtaining permits under the provisions of this Chapter shall, in writing, agree to be bound by and observe each and all of the provisions of this Chapter relating to such permits.
(A) No permittee shall use, operate or allow the use or operation of more tables or units than those for which such permittee holds a then current and valid permit to operate or use in the City.
(B) No permittee shall allow any person to play in any game permitted by the provisions of this Chapter at any time while such person appears to be, or, in the opinion of the permittee or his authorized agents or employees, is under the influence of intoxicating liquor or drugs and no person under, or who appears to be under, the influence of intoxicating liquor or drugs shall play in any such game.
(C) No permittee shall allow any person to enter the premises while such person appears to be, or in the opinion of the permittee or its duly authorized employees or agents, is under the influence of intoxicating liquor or drugs.
(D) Each permittee shall make available to any patron or potential patron of the card room written players' house rules in booklet form that have been filed and approved by the City Manager.
(E) No permittee shall use or operate any table or unit, or manage, or conduct or carry on any business or activity permitted by this Chapter after the time that such permit issued by the City has been or is expired, suspended or revoked pursuant to this Chapter.
(F) Each and all of the games conducted and operated in the City pursuant to the provisions of this Chapter shall be conducted in full compliance with and subject to, all the provisions of the applicable laws.
(G) No permittee shall permit or allow any person under the age of twenty one (21) to play in any game permitted hereunder.
(H) The playing of all games provided for in this Chapter shall be confined to the areas designated as "game room(s)" and no playing of any game provided for or permitted by this Chapter shall be permitted at any other location on such premises.
(I) No permittee, operator, agent, and/or employee of any duly permitted card room shall assign, arrange for, or in any other manner sublet the conducting of games, indirectly or directly, with or without consideration, to any person not having a valid permit to conduct such game.
Nor shall any person conduct games as provided pursuant to the provisions of this Chapter in a duly permitted card room not having a valid unrevoked permit to conduct such games or game.
(J) A card room shall be open for inspection during all hours to the City Manager, or his/her duly authorized representative without a search warrant.
(K) Gaming tournaments shall be prohibited unless the permittee files with the City Manager, at least five (5) days prior to the commencement of the tournament, a full set of rules, regulations, terms and conditions to be used in regulating or otherwise governing the operations and activities of any such tournament, including maximum and minimum bets for such tournament play, and identifying the time and place of such tournament.
(L) If the permittee employs convenience dealers for the convenience of the players so that no player deals, while so dealing, the convenience dealer:
Other than dealing the cards and making collection as set forth in this Section, shall not participate in any way in the game and shall not bet;
Shall collect the posted seat rental fees and segregate and secure said amounts for collection purposes;
Shall collect jackpot drops as posted; and
Shall comply with the regulations promulgated by the City Manager concerning identification standards.
(M) The only games allowed to be played in a permitted card room shall be those games which are legal in the State.
(N) No card room permittee, owner or employee shall allow any persons playing in any games to make any single bet or wager in excess of two hundred dollars ($200.00) or at any time during any game to permit an ante in excess of two hundred dollars ($200.00) total sum anted by players participating in the game.
Municipal, house or table betting limits shall be clearly posted on the premises to provide patrons with adequate notice of the rules related to wagering.
(O) No card room owner or employee shall be physically present in the card room without having prominently displayed his/her own personal identification card issued by the Police Chief pursuant to this Chapter identifying such person with the card room.
The identification card shall be prominently displayed on the outermost garment at approximately chest height. Such identification card shall at all times be in good and readable condition.
(P) The playing of games as provided for by this Chapter shall be conducted in an area open to the public at all times and the games shall be played at tables in full view, and no doors, screens or other obstacles, shall be installed or maintained so as to conceal the players at any table.
(Q) The City Manager shall receive a copy of the seat rental rates charged by the permittee, and shall be apprised at least ten (10) days in advance of any proposed changes.
(R) The permittee shall:
Collect the established seat rental fee and segregate and secure said amounts for collection purposes; and
Comply with regulations promulgated by the City Manager concerning the tabulation of gross revenue fees and such reasonable auditing procedures as deemed appropriate.
(S) The giving of credit or lending of anything of value to a patron and the cashing of checks of patrons shall be permitted only if the permittee's written check cashing and credit policies are submitted and approved by the City Manager. No credit shall be extended to City employees and officers.
(T) Permittee holding valuables for safekeeping, may do so only under the following conditions:
Only cash may be held; no other valuable, including coins or paper money for more than face value, may be held.
Money deposited shall be secured by cash or other liquid assets or a security bond. Such security shall be sufficient to cover all money deposited.
The actual deposits held and the records of the transactions shall be available for inspection by the City Manager or law enforcement officials upon demand.
Permittee may operate a coatroom for the temporary storage of coats, or other articles of clothing.
(U) Pointholders, managers and employees may play in games. (Ord. 663-99, 2-16-1999)
4-17-20: TRANSFER OF INTEREST OF POINTHOLDER IN CARD ROOM; PERMISSION REQUIRED:¶
(A) Sale Or Transfer Of Points: It shall be unlawful for any permittee or any person having any interest whatsoever or at all in the ownership of a gaming club, whether legal or equitable, or as trustor or trustee, or whatsoever kind or character, to sell or transfer such points and/or interest without first having obtained the consent and permission of the City Council.
(B) Application For Point Transfer: Any person desiring to sell, transfer, assign or otherwise pledge any point or interest in a card room duly permitted pursuant to the provisions of this Chapter, shall file with the City Manager a written application for permission to transfer such interest as is hereinafter described. Each such application shall contain and clearly and truthfully set forth, under oath, and/or affirmation, and show, in addition to such information as the City Manager and/or the City Council may require, the following information:
The date of the application;
The true name of the applicant and proposed purchaser or transferee and any other name by which the proposed purchaser or transferee has been known;
The status of the proposed purchaser or transferee, as being an individual, a sole proprietorship, a partnership, or a corporation;
The residence or business address of the proposed purchaser or trustee, if an individual;
If the trustee is other than an individual, the true name, residence and business address of each of the proposed purchaser or transferee pointholders, partners and officers;
A full and complete financial statement of the proposed purchaser or trustee, whether it is an individual, a sole proprietorship, a partnership, or a corporation and a full and complete financial statement of each proposed purchaser or transferee pointholder, partner or officer; provided, the financial statements required by this subsection shall be deemed confidential in character and shall not be open to public inspection, but shall be available to those City officials having jurisdiction over the provisions of this Chapter and to any court of competent jurisdiction where any matter relating thereto may be actively pending;
The name of the permitted card room for which a transfer of interest or points is sought;
The number of points and/or the nature of the interest being sought to be sold, transferred, assigned or otherwise pledged; and
A statement that the application will be considered by the City Council only after a full investigation and report has been made by the City Manager and the report and investigation has been made to the City Council.
(C) Investigation Required: Whenever an application pursuant to the provisions of this Section has been filed with the City for the sale or transfer pursuant to the provisions of this Section, the City Manager shall promptly and diligently make an investigation and shall report to the City Council with reference thereto within sixty (60) days from the filing of the application as follows:
A full and complete investigation of the proposed transferee or purchaser (including the proposed pointholders, partners or officers), including a determination that the proposed purchaser has obtained or will have obtained from the California State Attorney General, a valid registration to the Gaming Registration Act of the State.
Concurrently with the filing of the application, each person named in the application as a proposed purchaser or transferee, or pointholder, shall be fingerprinted by the Police Chief or his designee, and no application shall be deemed filed until the fingerprinting has been completed.
(D) Permit Fees: Each such sale or transfer application shall be accompanied by a processing fee in the amount of two hundred fifty dollars ($250.00) per person named in the application as a proposed purchaser or transferee, or pointholder, partner or officer thereof, to cover the cost of the investigation.
The fee set forth in this subsection shall be the property of and be retained by the City whether the sale or transfer is granted or denied.
(E) Granting Or Denial Of Application:
Consideration By City Council: Whenever an application for such a sale or transfer is presented to the City Council, they shall consider such application on the same basis as is applicable to the new permit application.
Decision Of The City Council: The City Council shall not approve an application if the proposed purchaser has not first obtained a valid registration from the California State Attorney General pursuant to the State Gaming Registration Act. Otherwise, the City may, in its sole discretion, either approve, conditionally approve or deny the application with the specification of grounds.
Application Denial: An application may be denied if such transfer is from a "pointholder" defined under subsection 4-17-5(F) of this Chapter and the transfer occurs to someone who does not meet the qualifications under that subsection. (Ord. 663-99, 2-16-1999)
4-17-21: POINTHOLDERS; UPDATING OF INVESTIGATIONS; DIVESTMENT:¶
(A) All pointholders in any card room, as well as the partner or officers of such card rooms, whether or not they hold any point in such clubs, shall have their background investigation updated yearly and regularly thereafter pursuant to a schedule established by the City Manager. Such updating shall consist of a check by telephone to the Criminal Investigation and Identification Department in Sacramento, California, and the filing by each permittee, pointholder, partner or officer thereof, of an updated financial statement. A fee in the amount of ten dollars ($10.00) for each pointholder so investigated shall be paid to the City by the respective card room or permittee on a semiannual basis to cover the cost of such investigations.
(B) Any person having any interest whatsoever or at all in the ownership of a card room, whether legal or equitable, or a trustee or trustor, or whatever kind or character, who has not previously submitted to the procedure required under subsections 4-17-20(B) through (E) of this Chapter shall file, as a prerequisite to the continued holding of an ownership interest, the application to be investigated, pay the fee, to be reviewed by the City Manager and City Council as provided in that Section for persons applying for new ownership interest.
If the City Council denies any application, within one hundred twenty (120) days after the receipt of such denial, said person shall divest himself of such ownership interest.
(C) The approval of a pointholder may be revoked or suspended by the City Council after a hearing held not less than thirty (30) days after such notice has been given to the pointholder, if the City Council finds that:
The Attorney General of the State has suspended or revoked the pointholder's registration under the Gaming Registration Act of the State; or
A pointholder has violated, or permitted, allowed, or caused the violation of any provision of this Chapter, any regulation issued pursuant to this Chapter, any condition of approval imposed upon the issuance of the card room permit, or any State law or regulation relating to the operation of a card club; or
A pointholder has made a fraudulent statement as to a material fact on an application form or as to any other information presented as part of the application process. The City Council, in making its decision, shall consider any mitigating factor presented by the pointholder.
The ownership interest shall be divested within one hundred twenty (120) days after the notice of revocation. Failure to do so shall constitute a misdemeanor, and each and every day of noncompliance shall constitute a separate and complete offense. In addition, the City Attorney may invoke any civil remedies to enforce compliance.
No person required to divest an ownership interest in a card room following a revocation of approval shall transfer such ownership interest to his or her spouse, child, sibling, or parent or to his or her spouse's child, sibling, or parent without the approval of the City Council.
- If the City finds that the condition set forth in subsection 4-17-5(F) of this Chapter is no longer met, because the pointholder has moved from his residence or has moved or ceased to operate his business, the permittee shall receive a notice that they have one hundred twenty (120) days to sell that pointholder's share to someone who meets the conditions of subsection 4-17-5(F) of this Chapter or the permit will be suspended until such sale takes place. (Ord. 663-99, 2-16-1999)
4-17-22: UNLAWFUL ACTS:¶
(A) Unlawful Locations: It shall be unlawful for any person to play, or permit the playing of, any game at any place permitted pursuant to the provisions of this Chapter at any place within the City, except such place operated under a permit and permitted under permits held or issued pursuant to the provisions of this Chapter.
(B) Unlawful Games: It shall be unlawful for any person to play in, or permit the playing of any game at any place permitted pursuant to this Chapter which game is not permitted by the provisions of this Chapter, or any game played in violation of this Chapter.
(C) Unlawful Attractions: A permittee shall have the right to advertise in the newspaper, over the radio station and television, and in any other legal way the permittee sees fit. No permittee shall engage in false or misleading advertising in connection with gambling.
(D) Operation Of Game Rooms: It shall be unlawful for any operator of a game room permitted under this Chapter or any owner, principal employee or agent of a game room permitted under this Chapter:
To allow to be wagered by any player any amount in excess of the posted wagering limit for the table at which the player is playing, except as is specified in the players' house rules.
To knowingly permit any unlawful activity to take place upon the premises of the card room or to fail to take reasonable steps to prevent such activities from taking place, including, but not limited to, illegal gambling activities, prostitution, and cheating. The permittee shall have the power to formulate reasonable policies and procedures to control such activities, and these policies and procedures may be published in the players' house rules.
(E) Cheating: It shall be unlawful for any person to attempt to gain any unfair advantage for any player in a permitted card room through a fraudulent technique or mechanical or electrical device. Prohibited cheating techniques include, but are not limited to, the following examples:
It shall be unlawful for any person as a player or dealer to attempt to prearrange or to shuffle any playing cards except in a random manner.
It shall be unlawful for any person to deal, draw, distribute or burn any playing cards other than the top card of a deck.
It shall be unlawful for any person to attempt to alter in any way the shape, appearance, texture or number of cards in play, or to switch any card.
It shall be unlawful for any person to use any apparatus to gain information not available to the other players. (Ord. 663-99, 2-16-1999)
4-17-23: EXCLUSION OF PERSON FROM CARD ROOMS:¶
(A) A permittee may exclude or eject from the premises any person who has engaged in or been convicted of bookmaking, loan sharking, the sale of controlled substances, illegal gambling activities, cheating, prostitution, or whose presence in or about such card room would be inimical to the interest of legal gaming. No person shall be excluded or ejected on the grounds of race, color, creed, or gender.
(B) Any person excluded or ejected by the permittee may appeal to the City Manager as to whether the conditions for the exclusion or ejections set forth in subsection (A) of this Section are applicable.
The City Manager shall appoint a hearing officer who shall conduct a hearing to which both the person who has been excluded and the permittee may present evidence. The decision of the hearing officer shall be final. The permittee and appellant shall reimburse the City for the cost of holding the hearing in amounts determined by the hearing officer. (Ord. 663-99, 2-16-1999)
4-17-24: PRESUMPTIONS:¶
The City in adopting the provisions of this Chapter and establishing the regulation of the business operated or to be operated by the permittee who permits the playing of games authorized by this Chapter, declares that the playing of games not prohibited by statute is conducive to public morals when the same are played and conducted according to the laws, regulations, and provisions as set forth in this Chapter, or that in any proceeding to annul a permit issued pursuant to the provisions of this Chapter, or to abate the business conducted hereunder, or to prosecute the permittee or his employees for any acts authorized thereby, it shall be presumed that such acts are not lawful and that such business is not a public or private nuisance.
The City finds that the issuance of written checks by players to card rooms and the granting of credit to players by card rooms to facilitate the playing of legal games is not contrary to an express provision of law, not to the policy of express law, and is not otherwise contrary to good morals. It is the intent of the City Council that Civil Code chapter 1667 not apply, and that both players and card rooms are entitled to take their contractual disputes to court. (Ord. 663-99, 2-16-1999)
4-17-25: ADMINISTRATION OF CHAPTER BY THE CITY MANAGER:¶
The City Manager at the direction of the City Council shall formulate in writing all necessary rules and regulations to implement and administer the provisions of this Chapter, and shall do all things necessary and proper to carry out the spirit and intent of this Chapter, including, but not limited to:
(A) Preserving and keeping all documents identified in this Chapter as confidential documents so that the contents thereof shall not become known except to those persons required by law to effect the administration or enforcement of this Chapter;
(B) Promulgating and/or requiring prior approval of the accounting procedures to be utilized by permittees to ensure legal reporting of card room revenues; and
(C) Delegating the duties and powers vested in the City Manager to appropriate City employers or officers. (Ord. 663-99, 2-16-1999)
4-17-26: VIOLATIONS:¶
It shall be unlawful for any person to violate any of the provisions of this Chapter.
In addition to all the other remedies available under applicable laws, the City Council shall retain the right to establish reasonable fines for knowing violations of this Chapter. (Ord. 663-99, 2-16-1999)
4-17-27: SEVERABILITY:¶
If any section, subsection, sentence, clause, phrase, part or portion of this Chapter is for any reason held to be unenforceable, invalid or unconstitutional by final judgment of any court of competent jurisdiction, such decision shall not affect the enforcement or validity of the remaining portion of the Chapter. It is hereby declared that this Chapter and each section, subsection, sentence, clause, phrase, part or portion hereof would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts and portions be declared unenforceable, invalid or unconstitutional. (Ord. 663-99, 2-16-1999)
4-17-28: MODIFICATION OF APPLICATION, PERMIT AND APPLICATION FEES:¶
The deposit and fees provided for in Sections 4-17-7, 4-17-8, 4-17-12, 4-17-13 and 4-17-30 of this Chapter may be modified by a duly adopted ordinance of the City Council so as to defray the actual cost associated with the City's activity covered by those Sections. (Ord. 663-99, 2-16-1999)
4-17-29: AMENDMENTS:¶
The City Council shall have the power to amend provisions of this Chapter, providing that any such amendment shall not be inconsistent or in conflict with the purpose of this Chapter of permitting the operation of gaming clubs. Except as otherwise required by statute or by the constitution of the State of California or by applicable decisional law, any amendment shall require a notified public hearing and adoption by a majority affirmative vote of the total number of seats on the City Council. (Ord. 663-99, 2-16-1999)
4-17-30: PERMIT MODIFICATION:¶
Upon application by the permittee, the City Council may modify any permit by a majority vote. An application for a modification shall be accompanied by an application fee of two hundred fifty dollars ($250.00). (Ord. 663-99, 2-16-1999)
4-17-31: EXEMPTIONS:¶
(A) Exempt Organizations: The City Council in its sole discretion may grant exempt organizations a permit to provide card tables and card games for the exclusive use of their members and shall be exempted from obtaining a card room permit pursuant to this Chapter as long as the exempt organization complies with the Gaming Registration Act, all other State, Federal and local laws, and provided that such exempt organization complies with this Chapter. All such card tables shall be for the exclusive use of members of the exempt organizations or nonpaying guests, and no charge is made for the use of the card tables.
An authorized representative of the exempt organization shall file a declaration of exemption executed under penalty of perjury with the City Manager that sets forth the name and address of the exempt organization, the number of tables to be operated, and a declaration that the exempt organization and its members qualify for exemption from the Gaming Registration Act and from permitting hereunder; the declaration of exemption shall be accompanied by proof of the valid and unrevoked tax- exempt status of the exempt organization granted by the Franchise Tax Board and/or the Internal Revenue Service. No registration fee shall be required.
No exempt organization shall operate, conduct, or carry on legal gaming within the building, structure, lot, or premises within any calendar week, if any other exempt organization has conducted, carried on, or operated legal gaming within such building, structure, lot or premises during the same calendar week.
The City Council's decision under this Section shall be final.
(B) Existing Card Rooms: Each valid card room permit in effect on January 1, 1995, shall be permitted to continue operation so long as the card playing area, the number of tables, the games played, and the location are not amended in any way. Such card rooms shall operate under the following provisions:
No person shall engage in managing, conducting or carrying on the business of maintaining a place where tables are used by the public for playing cards, until such person shall have first obtained a permit to conduct the business.
Every person proposing to engage in carrying on or conducting the business of maintaining a place where tables are used by the public for playing cards shall make out an application to the Police Chief for a permit to so do.
The Police Chief in consultation with the Fire Chief and the Building Official is hereby directed to investigate the location, building and premises of the applicant for a permit; provided, that there is at least one entrance from the street or public parking area, and at least one window in the front thereof adjacent to the street or parking area. No doors, screens or other obstructions shall be used to conceal the players at any table.
Nothing herein contained shall be in any manner construed as permitting any gaming prohibited by the laws of the State, or the provisions of this Code.
No permittee or his agent shall allow any person under the age of twenty one (21) years to play cards or otherwise patronize his place of business.
The permit fee for carrying on or conducting the business heretofore described in this subsection shall be one thousand five hundred dollars ($1,500.00) per annum payable quarterly in advance, for any number of tables up to five (5). (Ord. 663-99, 2-16-1999)
4-17-32: EFFECTIVE ACTION:¶
The Ordinance codified herein shall take effect thirty (30) days after its adoption, authorizing card clubs in which games permitted by law such as draw poker, low-ball poker, and pancjuincjue (pan) are played and allowed. This Chapter as heretofore set forth is to govern such card rooms notwithstanding any other ordinance. (Ord. 663-99, 2-16-1999)
4-17-33: CERTIFICATION AND PUBLICATION:¶
The City Clerk shall certify the adoption of the Ordinance codified herein, and shall cause the same to be published in the manner prescribed by law. (Ord. 663-99, 2-16-1999)
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