Tracy Municipal Code Art. 1 Card Rooms

Footnotes:

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Editor's note— Ord. No. 1134, § 1, adopted May 5, 2009, amended art. 1 in its entirety to read as herein set out. Former art. 1, §§ 4.04.010—4.04.130, pertained to similar subject matter and derived from Prior Code §§ 4-1.101—4-1.113; Ord. No. 967 C.S., effective Jan. 15, 1998; Ord. No. 1002, § 1, 1999; Ord. No. 1040, § 5 Exh. E (part), 2002; and Ord. No. 1111, § 4 Exh. A (part), 2007.

(a) It is unlawful for any person to engage in, carry on, maintain or conduct any card room in the entire City without: (a) first having secured a license from the City to do so under this article; and (b) complying with each regulation set forth in this article.

(b) Each licensee and operator of a card room shall employ only those persons who have obtained a work permit as set forth in Section 4.04.060.

(c) This article is enacted under the authority of the Gambling Control Act, Business and Professions Code section 19800 and following.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) In this article, certain words used herein have the following meanings:

(1) "Card room" means any space, room, or enclosure furnished or equipped with a table used, or intended to be used, as a card table for the playing of cards and similar games and the use of which is available to the public, or any portion of the public. However, this section does not apply to a nonprofit charitable organization.

(2) "Card room employees" means dealers, overseers, and others directly connected with the operation and supervision of the card tables, excluding waitresses, bartenders, culinary workers, and others not connected with such operation and supervision.

(3) "Chief" means the Chief of Police of the City of Tracy or their designee.

(4) "Council" shall mean the City Council of the City of Tracy.

(5) "Nonprofit charitable organization" means an organization as defined in Section 4.24 of this Code.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) Application. An applicant for a card room license shall submit his/her application to the Chief. The application shall be under oath and shall include the following information for the applicant and for each person financially interested in the business. "Financially interested" includes sharing in the profits of the business on the basis or gross or net revenue:

(1) True names and addresses;

(2) The past criminal record, if any; and

(3) Fingerprints.

(b) Fee. At the time the application is submitted, the applicant shall pay to the City an application fee as established by resolution of the Council. This fee is exclusive of any other fees charged by other agencies.

(c) Investigation. The Chief shall investigate the applicant and those financially interested. The Chief of Police shall act as an investigation officer and submit his/her report to the Council stating his/her approval or disapproval for the issuance of such license.

(d) Denial. The Council shall consider the application and deny any application if the applicant or anyone financially interested:

(1) Has previously been convicted of any felony or misdemeanor crime involving moral turpitude; or

(2) Has been convicted of a misdemeanor involving crimes of:

(i) Force or violence;

(ii) Fraud;

(iii) Embezzlement;

(iv) Theft; or

(v) Uniform Controlled Substance Act.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) From the date of the adoption of this ordinance through June 30, 2026, a licensed card room shall be allowed a total of nine (9) card tables operated in any one card room and in the entire City.

(b) Beginning July 1, 2026, through June 30, 2030, a licensed card room shall be allowed to increase the number of card tables operated in the card room by up to two (2) additional tables above the number of tables operated in the card room on June 30, 2026. With this increase, no more than eleven (11) tables shall be permitted in any one card room and in the entire City.

(c) Beginning July 1, 2030, through June 30, 2034, a licensed card room shall be allowed to increase the number of card tables operated in the card room by up to two (2) additional tables above the number operated in the card room on June 30, 2030. With this increase, no more than thirteen (13) tables shall be permitted in any one card room and in the entire City.

(d) Beginning July 1, 2034, through June 30, 2038, a licensed card room shall be allowed to increase the number of card tables operated in the card room by up to two (2) additional tables above the number operated in the card room on June 30, 2034. With this increase, no more than fifteen (15) tables shall be permitted in any one card room and in the entire City.

(e) Beginning July 1, 2038, through June 30, 2042, a licensed card room shall be allowed to increase the number of card tables operated in the card room by up to two (2) additional tables above the number operated in the card room on June 30, 2038. With this increase, no more than seventeen (17) tables shall be permitted in any one card room and in the entire City.

(f) Beginning July 1, 2042, and unless otherwise enacted by the Tracy City Council, a licensed card room shall be allowed to increase the number of card tables operated in the card room by up to two (2) additional tables above the number operated in the card room on June 30, 2042. With this increase, no more than nineteen (19) tables shall be permitted in any one card room and in the entire City.

(g) Nothing in this section shall contradict Section 4.04.100(a)(4), setting the maximum number of card tables allowed in City limits and in any one card room.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1315, § 1, 9-21-2021; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

Licenses shall be issued on an annual basis. The annual license fee, payable each fiscal year beginning July 1, shall be established by resolution of the Council. The fees shall be payable to the City after the Council has approved the issuance of the license, but prior to the issuance of the license. The operator of a card room shall pay the license fee set forth in this section regardless of the license fees he/she might pay for other businesses.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

The Council shall have the right for cause to revoke or suspend (and take possession of) any card room license issued under this article. The Council may take such action based on the failure of a licensee to comply with this article.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) Application. Card room employees shall obtain a work permit from the Chief. Applications for such work permits shall be submitted under oath and contain the name, address, and past criminal record, if any, of the applicant and such other information as may be deemed necessary by the Chief to determine whether the applicant is a proper person to be issued a card room work permit. The application shall be accompanied by the fingerprints of the applicant. The work permit shall be issued only to citizens of the United States who have resided in the State for at least one year immediately preceding the issuance of such work permit.

(b) Grounds for denial. The Chief shall deny a work permit if the applicant has previously been convicted of a felony or a misdemeanor crime involving moral turpitude, or if the applicant has been convicted of a felony or misdemeanor involving:

(1) Force or violence;

(2) Fraud;

(3) Embezzlement;

(4) Theft; or

(5) Uniform Controlled Substance Act.

(c) Fee. Each application for a work permit shall be accompanied by a nonrefundable fee as established by resolution of the Council. The work permit shall be valid for a period of one year. Only one such work permit is required each year, even though the permit holder may change his/her place of employment within the City.

(d) Temporary permit. A temporary card room work permit may be obtained from the Chief in accordance with the following:

(1) A completed "card room dealer work permit application" accompanied by the appropriate fees as established by resolution of the Council;

(2) Presentation of California Driver's License or Picture Identification card;

(3) Completion by the Police Department of a local record check and check of the "state wanted person system"; and

(4) Fingerprints to be taken, submitted to and cleared the Department of Justice.

(i) Upon review of the application, in accordance with the card room work permit provisions set forth in this chapter, the temporary permit may be issued for a period of ninety (90) days. If the fingerprint clearance is not completed within that time, a thirty (30) day extension may be granted. If the card room work permit is granted in accordance with this section, the one-year term shall be from the date of the issuance of the temporary permit.

(e) Appeal. The action of the Chief in denying a work permit on the basis of subsections (a) or (b) of this section is subject to an appeal to the City Manager. An appeal must be filed with the City Clerk within ten (10) days after the denial, after which time the decision of the Chief is final. On appeal, a decision of the City Manager is final.

(f) An application for a work permit may be denied or revoked based upon the objection of the State Division of Gambling Control.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) The Chief may revoke or suspend a card room work permit and take possession of the permit based on: (a) any of the grounds for denial; or (b) the failure of a card holder to comply with this article.

(b) The action of the Chief in this respect is subject to an appeal to the City Manager. The appeal shall be filed with the City Clerk within ten (10) days after the revocation or suspension, after which time the decision of the Chief is final. On appeal, a decision of the City Manager is final.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) Each person must have his or her own work permit and the permit cannot be assigned or transferred to another person.

(b) A card room license may only be assigned or transferred if the new operator and each person financially interested submits an application and is approved by the City Council under Sections 4.04.030 and 4.04.040.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

(a) It is unlawful to operate a card room in violation of any of the following regulations and rules:

(1) No more than one card room may be located at any one address.

(2) The operator or his/her employees shall not extend credit to a player, nor shall they accept IOU's or other notes.

(3) Any card games are permitted unless they are prohibited under State law.

(4) Number of card tables permitted in any card rooms and in the entire City shall be restricted to the following timeline:

(i) No more than nine (9) tables are permitted in any one card room and in the entire City until June 30, 2026.

(ii) No more than eleven (11) tables are permitted in any card room and in the entire City until June 30, 2030.

(iii) No more than thirteen (13) tables are permitted in any card room and the entire City until June 30, 2034.

(iv) No more than fifteen (15) tables are permitted in any card room and the entire City until June 30, 2038.

(v) No more than seventeen (17) tables are permitted in any card room and the entire City until June 30, 2042.

(vi) No more than nineteen (19) tables are permitted in any card room and the entire City after June 30, 2042.

(vii) Nothing in this section shall contradict Section 4.04.040, setting the maximum number of card tables allowed in City limits and in any one card room.

(5) No more than ten (10) players are permitted at any one card table.

(6) No person under the age of twenty-one (21) years of age is permitted in any card room.

(7) Card rooms may operate seven (7) days a week, twenty-four (24) hours a day.

(8) Card rooms shall be open to police inspection during all hours of operation, which includes but is not limited to, police inspection of surveillance cameras, live or recorded.

(9) Only table stakes are permitted. Table limits and house collections shall be posted clearly for each table before the start of each game.

(10) Each card table shall have assigned to it a person holding a valid card room work permit, whose duty shall be to supervise and operate the game strictly in accordance with the provisions of this article and within the provisions of the Penal Code of the State.

(11) If more than two (2) tables are in operation in a card room, there shall be assigned to it a person holding a valid card room permit in addition to the person required by subsection (l) of this section, whose duty shall be to supervise the players and games strictly in accordance with the provision of this article. He/she shall not, however, participate in games. The licensee may act as table operator or supervisor without having a work permit.

(12) Signs shall be posted in every card room, in letters plainly visible from all parts of the room, stating that no game shall be played other than those expressly permitted under California Penal Code section 330m. Such signs shall also contain such other information relating to the regulations contained in this article as the Chief may require.

(13) No person who is in a state of intoxication is permitted in any card room.

(14) The licensee is responsible for the safety and security in and around the gambling establishment.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1315, § 1, 9-21-2021; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

A nonprofit charitable organization, as defined in Chapter 4.24 of this Code, may be granted a permit without a fee by the Council when the organization complies with the State requirements for an organization fundraiser under Business and Professions Code Section 19985 and following.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

The Council hereby declares that it is not the intention of this article to permit the licensing of any card room for the playing of any game prohibited by the laws of the State, including, but not limited to those games enumerated in California Penal Code section 330, which section includes banking and percentage games.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)

Any person violating a term, requirement, regulation or provision of this article is guilty of a misdemeanor punishable in accordance with Section 1.04.030 of this Code.

(Ord. No. 1134, § 1, 5-5-2009; Ord. No. 1387, § 2 (Exh. 1), 4-17-2026)