Trinity County Municipal Code Ch. 5.08 Cardrooms

It is unlawful for any person to operate or own a public cardroom unless such person holds a valid license for that purpose as provided by this chapter.

(Ord. 226 §1, 1957)

A. "Cardroom license" or "license" as used in this chapter means a license granted pursuant to this chapter or recognized as valid by this chapter.

B. "Person" means and includes any natural person, firm, partnership, corporation, association, or other business organization, and includes the plural of any of the foregoing.

C. "Public cardroom" means and includes any of the following:

1. The business of operating, conducting or maintaining any game played with cards or dominoes, and any building or other place where such business is permitted or carried on; or

2. Any place where any game played with cards or dominoes is permitted or carried on, at which place any liquor, tobacco, or soft drinks are sold, whether or not any consideration, fee, or thing of value is paid for the privilege of playing any such game; or

3. Any place where any game played with cards or dominoes is permitted or carried on, where the owner, proprietor or operator of such place or game collects or in any way obtains from any player any consideration or thing of value in return for permitting any player to participate in such game; or

4. Any place, open to the public, where any game played with cards or dominoes is permitted or carried on.

(Ord. 226 §§2, 3, 4, 1957)

A. Any person who intends to carry on or operate a public cardroom, or who owns any place where it is intended that a public cardroom be maintained or permitted, shall apply to the sheriff of the county. Such person shall so apply upon such written forms as the sheriff shall provide, and shall furnish such information as the sheriff determines to be necessary for him to pass upon the fitness of the applicant as the owner or operator of a public cardroom. In addition, the sheriff shall obtain from each such applicant, and each such applicant shall furnish to the sheriff in writing, all information regarding any misdemeanor of which he has been convicted during the preceding ten years, any felony of which he has been convicted or charged at any time during his lifetime, or any misdemeanor with which he has been charged in the preceding five years. The sheriff shall inquire of every usual and available official source as to any prior criminal record of the applicant, and the applicant shall be his application be deemed to have waived any and all objections to, and to have thereby authorized, any and all investigations which the sheriff shall deem necessary concerning the criminal record, business history, past employment, and character of the applicant.

B. The sheriff shall also take and file, and the applicant shall furnish, the fingerprints of the applicant. The applicant shall furnish the names of all persons who have any interest in the premises or the business conducted thereon.

C. The application shall accurately describe the premises and state how many card tables are to be maintained therein.

D. The applicant shall, in his application, list the names and addresses of not less than five persons who are residents and freeholders of the township or judicial district in which the proposed premises are located, who can vouch for the character and integrity of the applicant.

(Ord. 226 §5, 1957)

Each applicant shall deposit with the sheriff a cashier's check or money order in the amount of the license for the remainder of the fiscal year in progress, based on the number of tables applied for, under the provisions of Section 5.08.050, which shall be made payable to the tax collector of the county. Such sum shall be deposited by the sheriff with the tax collector before the latter shall issue any license, and the tax collector shall deposit the same in the county treasury.

(Ord. 226 §6, 1957)

A. The license fee for the operation of a public cardroom shall be four hundred dollars per year per card table payable quarterly in advance on or before the first day of each quarter.

B. In the event the application for a license is denied, the fee deposited with the application shall be returned to the applicant, except as may specifically be provided to the contrary in this chapter.

C. In addition, each applicant shall pay an application fee by depositing with the sheriff a cashier's check or money order in the amount of twenty-five dollars, payable to the tax collector of the county. The sheriff shall immediately deposit the same with the tax collector, who shall deposit same in the county treasury. Such fee shall be deemed necessary to defray in part the expense of investigation of the applicant, and no part of the same shall be refundable.

(Ord. 226 §7, 1957)

The application shall be verified under oath by having attached thereto the affidavit of each of the applicants stating therein that all facts set forth in the application are true to his own knowledge, except such facts as are stated on information and belief, and that as to the latter, he believes them to be true.

(Ord. 226 §8, 1957)

When any person shall apply for a license under this chapter, who is not a holder of a valid and unexpired license issued under, or recognized as valid by, this chapter, the sheriff shall post a notice of such application as provided in Section 5.08.180 not less than ten days before he shall consider and issue the same. The sheriff shall not issue a new license until such notice has been so posted.

(Ord. 226 §9, 1957)

Any person who holds a valid and unexpired license issued under this chapter may make application for a renewed license by applying in writing to the sheriff in the same manner, and shall pay the same fees, as in the case of a new license, except that no notices shall be posted, and the application fee mentioned in Section 5.08.050 C shall not be paid by such applicant.

(Ord. 226 §10, 1957)

Upon receipt of the application and required license fee, the sheriff of the county shall make an investigation of the premises wherein said card games are to be played and of the moral character, integrity and fitness of the applicant and the health and safety features surrounding the place where the cardroom is to be maintained.

(Ord. 226 §11, 1957)

If the sheriff finds that operation of the cardroom by the persons and upon the premises as proposed will not interfere with proper law enforcement, not act to the injury of the morality, health or safety of the public, nor tend to cause a disturbance of the peace and tranquility of the community in which the premises are situated, he shall grant the license and cause the same to be issued, depositing the fee with the tax collector.

(Ord. 226 §12, 1957)

Upon payment of the required fee, as set forth in this chapter, and upon order of the sheriff, the tax collector shall issue his certificate attesting the payment of such fees, and certifying that the applicant, as authorized by the sheriff, is licensed to operate, manage or conduct a public cardroom. Such license shall specify the place of business whereupon such public cardroom may be located, and the number of card tables which may be operated by the licensee upon the premises. A copy of the certificate shall be furnished by the tax collector to the sheriff. The form of the certificate shall be as prescribed by the sheriff and shall be prepared and furnished by the tax collector.

(Ord. 226 §13, 1957)

A. At the time of granting the license, if the sheriff shall determine such action to be in the best public interest and more conducive to proper law enforcement, or if the applicant should so request prior to such time, he may require that the number of tables be reduced below the number applied for. In such case the license fee shall be reduced accordingly and the balance of the fee previously deposited shall be returned.

B. After a license has been granted, and the number of tables is for any reason reduced, the licenseholder shall not be entitled to any refund.

(Ord. 226 §14, 1957)

A. A licensee may apply to the sheriff, in writing, for an increase in the number of tables at which the playing of cards is to be permitted or carried on. If the sheriff should find such increase in tables not to be contrary to the public interest or proper law enforcement, he may grant the application, otherwise he shall deny the same. The licensee shall surrender his license to the tax collector, who shall, on payment of fee required in this chapter, and on order of the sheriff, either issue a new certificate or make an endorsement on the old one, showing the number of tables permitted.

B. The licenses shall pay, prior to the issuance of the new certificate, a fee for the increased number of tables, based on the date of the application, applying the rate set forth in Section 5.08.050 for each such additional table.

(Ord. 226 §15, 1957)

The sheriff may suspend any license at any time that he shall in his discretion determine that conduct of the particular public cardroom to be incompatible with proper law enforcement, and shall suspend the same if the licensee shall violate any provision of this chapter, or violate or permit anyone to violate, on the premises of the licensee, any statute or county ordinance. Such suspension may be for a fixed or indefinite period, as determined by the sheriff. The sheriff shall remove the license from the premises, until the same shall be restored.

(Ord. 226 §16, 1957)

A. Whenever an application is denied, or a license is suspended, by the sheriff, the applicant or licensee may apply to the board of supervisors for a review of the action of the sheriff, which application shall be in writing and filed with the clerk of the board of supervisors not more than fifteen days after such denial or suspension.

B. Not more than thirty days after such filing, the board shall hear the applicant or licensee, the sheriff, and all other interested persons. If the board shall find that the operation of the particular cardroom by the licensees will not interfere with proper law enforcement, nor act to the injury of the morality, health or safety of the public, nor tend to cause a disturbance of the peace and tranquility of the community in which the premises are situated, the board shall order the license to be granted or restored as the case may be, otherwise, it shall deny such application. The action of the board shall be final; provided that the action of the board shall not prevent a subsequent suspension by the sheriff for good cause and based upon new evidence.

C. The clerk of the board shall give the applicant or licensee, and the sheriff, notice in writing as provided in Section 5.08.170.

(Ord. 226 §17, 1957)

A. Any person who makes a business of dealing cards or who receives any fee or compensation for acting as a card dealer anywhere within the unincorporated area of the county must hold a license issued under the provisions of this chapter, which must be in his possession when so acting as a dealer. Such dealer's license shall not authorize the operation of a public cardroom in any place other than in a licensed premises. No holder of a cardroom license is exempt from the foregoing provisions.

B. A person who intends to act as such a card dealer shall apply to the sheriff in the manner provided in Section 5.08.030 and Section 5.08.060, any comply with all of the requirements thereof, except that no information relating to the description of any premises or number of tables shall be required, to the end that the sheriff may investigate and pass upon the fitness of the applicant as a card dealer.

C. The application shall be accompanied by a cashier's check or money order in the amount of twenty-five dollars payable to the tax collector of the county to offset the cost of investigation of the applicant. The sheriff shall deposit the same with the tax collector who shall deposit the same in the county treasury and which shall not be subject to refund in any case.

D. The sheriff shall investigate the character and history of the applicant, and if he finds the applicant to be a fit an proper person to act as a card dealer, in respect to proper law enforcement and public morals, he shall issue the license, otherwise he shall deny the same. Issuance shall be made under all applicable provisions of Section 5.08.110. The sheriff may require that the license bear a photograph of the licensee, and all other information necessary for his identification.

E. The sheriff may suspend any such license at any time he shall determine the holder not to be a fit and proper person to act as a card dealer in respect to proper law enforcement and public morals. Any person who is in possession of such a suspended license must surrender the same to any peace officer on request.

F. All operators and employees shall wear while on duty an identifying tag on their person in plain sight at all times. The identification tag shall include a photograph of the owner, operator or employee. It shall be unlawful to refuse to display any such license to any peace officer on request, or for any person, other that a peace officer, to have the license of another person in his possession.

G. Whenever such an application is denied or such a license is suspended, application may be made to the board of supervisors for review, and the matter shall be noticed and heard, in the manner set forth in Section 5.08.150 insofar as is applicable. If the board of supervisors shall find that the applicant or licensee is a fit and proper person to act as a card dealer in respect to proper law enforcement and public morals, it shall order the license to be granted or restored, as the case may be, otherwise it shall deny the application. The action of the board shall be final, provided that it shall not prevent subsequent action by the sheriff for good cause and based upon new evidence.

(Ord. 226 §18, 1957)

Unless otherwise specifically provided in this chapter, whenever any notice is required to be given to a licensee or licensees it shall be given by mailing the same to the person and address designated in the application for the license for that purpose by registered mail. If the notice is one concerning a hearing it shall be placed in the United States mail not more than five days prior to the date of such hearing, unless otherwise provided in this chapter.

(Ord. 226 § 19(a), 1957)

Unless otherwise specifically provided in this chapter whenever any notice is required to be posted, it shall be posted by the sheriff outside of and in the immediate proximity of the main entrance of the establishment to which the notice pertains in a conspicuous place most likely to be seen by the public. Any notice concerning a hearing, if required in this chapter, shall be so posted not later than five days prior to the date set for such hearing, unless otherwise provided in this chapter.

(Ord. 226 §19(b), 1957)

It shall be unlawful for any person to manage, operate, conduct or carry on any public cardroom after suspension or revocation of his license.

(Ord. 226, §20, 1957)

It shall be unlawful for any person, including licensees under this chapter, to suffer or permit any person under the age of twenty-one years to visit, remain in, or loiter about the interior, doorways or entrances of any public cardroom.

(Ord. 226 §21, 1957)

A. It shall be unlawful for any person to conduct, manage or operate any public cardroom behind locked, barred or barricaded doors, or in any building, tent, trailer or other place built or protected in such a manner as to make such public cardroom difficult of access or ingress to peace officers.

B. Every cardroom must have a plain glass window at least six feet wide by three feet high, the lower sill of which shall be four feet from the floor in order that law enforcement officials and the general public may see from the outside of the building who is participating in the card games and that no illegal games are being conducted therein.

C. Every cardroom must be partitioned off from any bar, poolroom, cigar store, or other business, or where any food is served such as restaurants and cafes. These partitions must include a plain glass window at least six feet wide by three feet high, the lower sill of which shall be four feet from the floor in order that law enforcement officials and the general public may see from the outside of the partition who is participating in the card games and that no illegal games are being conducted therein.

(Ord. 226 §22, 1957)

No license issued under this chapter shall apply to any premises or person other than as originally issued, and shall not be transferable, except with the approval of the sheriff, who may in his discretion authorize the transfer of legal title of the premises, or transfer of a part interest in a business in connection with which the license was issued, provided that it is found that one or more of the original applicants who is or are responsible persons, continued to actively supervise the business and all activities on the premises. Except as so authorized, any such transfer shall be grounds for immediate suspension of a license.

(Ord. 226 §23, 1957)

A. The license must be displayed at all times near the main entrance of the licensed premises and failure to do so at any time that card playing is carried on or permitted shall be unlawful.

B. It shall be unlawful to post or display any invalid, suspended, or expired license.

C. The license must be displayed to any peace officer on demand, and shall be surrendered to the sheriff immediately upon his demand following suspension. Failure to do so shall be unlawful.

(Ord. 226 §24, 1957)

Violation of any provision of this chapter shall be unlawful, and subject to the penalties provided in this chapter, whether or not specifically so stated excepting those provisions of the chapter which are directory as to the procedures to be followed by county officers.

(Ord. 226 §26, 1957)

Any violation of the provisions of this chapter shall constitute a misdemeanor, punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 226 §27, 1957)