Turlock Municipal Code Art. 4 Card Rooms: Regulations

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

"Card room"

shall mean a room used in the playing of card games in any public place by patrons thereof.

(b)

"Person"

shall mean and include natural persons, firms, associations, copartnerships, and corporations.

(c)

"Owner/permittee"

shall mean and include any person whose name is listed on the permit which is under application or which the Council has given a permit to operate a card room. "Owner" and "permittee" will be used interchangeably throughout this article.

(d)

"Operator"

shall mean any person, other than an owner, who is either a dealer or a person who monitors the card game, and is supervised or employed by an owner/permittee.

(1135-CS, Amended, 02/11/10; 1137-CS, Amended, 03/25/10)

It shall be unlawful for any person to operate a card room as an owner, operator, or employee within the corporate limits of the City without having first obtained a permit therefor as provided by this article.

(a) Any person desiring a permit to operate a card room as an owner shall file with the City a written application in duplicate. Such application shall be on a form supplied by the Police Department and shall state that, if a permit is granted to the applicant, such person will conform with, and abide by, all the requirements of this article.

Immediately upon the receipt of an application for a permit to own a card room, the City Clerk shall forward one copy thereof to the Police Chief. The original shall be filed with the records of the office of the City Clerk.

(b) Any person desiring a permit to be employed by an owner of a card room as an operator, cocktail waitress employed by the card room, or other employee who has any responsibility related to chips, cards, money or the accounting thereof shall file with the Police Department a written application in duplicate requesting to be a card room employee.

Such application shall be on a form supplied by the Police Chief, shall be sworn to before a person authorized to administer oaths, and shall state that, if a permit is granted to the applicant, such person will conform with, and abide by, all the requirements of this article.

(936-CS, Amended, 07/09/1998)

The following fees shall be charged for the processing and monitoring of the applications and permits required by this article:

(a) The application for a card room owner's permit shall be accompanied by a filing fee established by resolution of the City Council.

A card room in any public place for the use of the patrons thereof shall pay a business license tax as set forth in Section 3-1-132 of this Code.

(b) The application of an employee to operate a card room shall be accompanied by a filing fee established by resolution of the City Council.

(903-CS, Amended, 06/27/1996)

Upon the receipt by the Police Department of such an application, the Police Chief shall forthwith investigate the truthfulness of the facts therein set forth and the moral fitness, reputation, character, integrity, and competency of the person who made such application. Further, the application of an employee shall be forwarded to the Department of Justice, Division of Gambling Control, for a determination pursuant to Business and Professions Code §19910. If the Division of Gambling Control lodges an objection, the work permit shall not be issued. Upon the completion of such investigation, the Police Chief shall report his findings, in the case of an owner, to the Council. In the case of an employee, the Police Chief shall issue or deny a permit to the applying person.

(936-CS, Amended, 07/09/1998)

(a) The person named in an application for a card room owner permit shall file such application with the Police Department and present himself at the police station in the City to be fingerprinted. Such person, at such time, shall furnish to the Police Department three (3) photographs of himself. Such photographs and fingerprints shall be filed in the records of the Police Department.

(b) The person named in an application for a card room employee permit shall file with the Police Chief three (3) photographs of himself and submit to fingerprinting.

(936-CS, Amended, 07/09/1998)

Upon the receipt of the report of the Police Chief, the Council, at its next regular meeting, shall hear the application for a card room owner's permit, and the Council shall deny such application if it appears:

(a) That such person has been convicted of a felony or misdemeanor involving moral turpitude under any State or Federal law; or

(b) That such person is dishonest or irresponsible in relation to the card rooms which are regulated by this article or does not have the necessary mental or moral qualifications to perform the duties of a card room operator.

The City Clerk shall give written notice to the applicant of the time and place of such hearing not less than five (5) days prior to such hearing. Such hearing may be continued from time to time as the circumstances may require.

(a) A permit to act as a card room owner shall continue in force until revoked as provided in Section 3-1-409 of this article. Permits shall be nontransferable.

(b) A permit to an employee of a card room to act as an operator or dealer shall be in effect for one year after the date of issuance, renewable by the Police Chief, upon the payment of a fee established by resolution of the City Council.

(903-CS, Amended, 06/27/1996)

(a) Any card room permit granted pursuant to the provisions of this article may be revoked by the Council for any reason for which the granting of such permit might be lawfully denied, or for the violation of any provision of this article, or for other good cause.

(b) Such revocation shall be made only after a hearing granted to the permittee before the Council after five (5) days' notice to such permittee setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Such hearing may be continued from time to time as the circumstances may require.

(c) The revocation of any permit shall be in addition to any other penalties otherwise provided in this Code.

(d) Upon the revocation of any such permit, such permit shall be forthwith surrendered to the Police Chief.

The operation of any card room is subject to the following:

(a) Hours of operation. A permittee may set hours of operation up to and including twenty-four (24) hours a day. No permittee shall operate for more or less hours on a daily basis than as is stated in its application for a permit under the provisions of this section. The hours of operation must be clearly posted by the permittee to give patrons adequate notice of hours during which the permittee will remain open for business;

(b) Safety. Owners are responsible for the safety and security of its patrons. To promote the security and safety of patrons, all exits shall have external lighting and the owner or a designated key employee shall be on the premises at all times;

(c) Zoning. Card rooms shall be permitted only in areas zoned as commercial districts;

(d) Wager restrictions. Owners must clearly post all wagering limits to give patrons adequate notice. There shall be no limit on the amount that may be wagered;

(e) Table limits. No single card room shall have more than fourteen (14) gaming tables in operation at any one (1) time. All gaming tables not in operation shall be completely covered and shall display a sign on the table, with not less than six (6") inch lettering, stating "This Table Is Not in Operation." The cover and sign shall be approved in advance by the Chief of Police. No more than fifty (50) gaming tables will be permitted in the City of Turlock.

(f) Card room limits. A maximum of one (1) permittee and one (1) card room shall be allowed to operate in the City of Turlock.

(913-CS, Repealed, 01/16/1997; 936-CS, Amended, 07/09/1998; 941-CS, Amended, 02/25/1999; 1089-CS, Amended, 07/12/2007; 1135-CS, Amended, 02/11/10; 1137-CS, Amended, 03/25/10)

(a) In addition to any other fees required under this article, each permittee operating a card room pursuant to this article shall pay to the City a monthly fee equal to:

(1) One (1%) percent of the gross revenue the permittee receives from the card room operations for the first year following adoption of this section.

(2) Two (2%) percent of the gross revenue the permittee receives from the card room operations for the second year following adoption of this section.

(3) Three (3%) percent of the gross revenue the permittee receives from the card room operations for the third year and every year thereafter following adoption of this section.

(b) In addition to the fee established in subsection (a) of this section, for each and every table licensed above twelve (12) tables, permittee shall pay to City six-tenths of one (0.6%) percent of the gross revenue the permittee receives from the card room operations. In no event shall the maximum gross revenue fee exceed seven and one-half (7.5%) percent of the gross revenue the permittee receives from the card room operations.

(c) For purposes of this article, "gross revenues" means the total of all revenue received from conducting any card game, and includes the interest received in payment for credit extended by the permittee or its employee to a patron for purposes of participating in any card game, and shall specifically include revenue received by the permittee from per hand money collected, seat rental fees, tournament fees, and all other revenues generated from or as a result of card play, without limitation or exception.

(d) The fee imposed on card rooms pursuant to this section shall be remitted by the permittee to the City within fifteen (15) days following the last day of each calendar month, commencing January 1, 2010. Such remittance shall be accompanied by (1) a statement in a form and manner acceptable to the City setting forth the true and correct amount of gross revenues generated from or as a result of card room operations during the preceding month, and (2) a declaration signed under penalty of perjury by the permittee or the permittee's management declaring that the information in the statement is true and correct.

(e) Payment of the fee required under this section shall be accepted by the City subject to the right of the City to audit the fee statement accompanying the remittance to determine whether the information set forth therein accurately reflects the actual amount of gross revenues received by the permittee from or as a result of card room operations during the preceding month.

To facilitate such audits, each permittee shall keep complete records of all transactions related to the receipt or disbursement of funds arising out of or related to card room operations during the preceding three (3) year period. All such records shall be made available to the City's Finance Director or to the authorized agent or representative of the City's Finance Director for audit at the permittee's place of doing business after seven (7) calendar days' written notice.

(f) Any permittee who fails to pay the fee imposed pursuant to this section when due shall pay a penalty of ten (10%) percent of the month due for each month or portion thereof that the fee remains due and unpaid. Such penalty shall be added by the City's Finance Director to the fee due on the first day immediately following the due date and the first day of each month thereafter that the fee remains due and unpaid. However, the total amount of such penalty shall not exceed one hundred (100%) percent of the fee that was due but not paid in a timely manner.

(g) All proceeds from this fee shall be deposited into the City's general fund with the City Council reserving the right to budget and to allocate those proceeds for any general fund purpose.

(1135-CS, Added, 02/11/10; 1137-CS, Amended, 03/25/10)

It shall be unlawful for any person under the age of twenty-one (21) years to visit, frequent, loiter about, or play any game in any card room in the City.

It shall be unlawful for any person to misrepresent or misstate the age of any minor to any person in charge of any card room in the City for the purpose of gaining the admission of such minor to any card room or for the purpose of such minor being permitted to remain in, frequent, visit, or play in any such card room.

It shall be unlawful for any person conducting a card room in the City to allow or permit any person under the age of twenty-one (21) years to visit or enter such public card room, regardless of whether such person knows the age of such minor, and regardless of whether such minor shall have represented himself to be of the age of twenty-one (21) years or over.

Every person conducting a card room in the City shall place and maintain over the door entering such card room a sign reading "No Person under Twenty-One Years of Age Allowed" in letters not less than two (2") inches in height.

Notwithstanding the audit requirements specified in TMC 3-1-411, the permittee shall allow the City Manager or a designee unrestricted access to all books, records, facilities, and all audio and video tapes pertaining to the card room, including, but not limited to, cash counting rooms and vault. Any information obtained pursuant to this section or any statement filed by the permittee shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provisions of this article. It shall be the duty of the City Manager to preserve and keep such statements so that the contents thereof shall not become known except to the persons charged by law with the administration of the provisions of this article or pursuant to the order of any court of competent jurisdiction.

(1135-CS, Added, 02/11/10; 1137-CS, Amended, 03/25/10)