Weed Municipal Code Ch. 5.12 Cardrooms

For the purposes of this chapter, the following definitions shall apply:

A. "Applicant" means a person to whom any cardroom permit is to be issued, or purchaser, assignee or transferee of corporate cardroom stock.

B. "Card game" means any game played with cards for money or other thing of value, or for checks, credit or other representative of value, including but not limited to draw poker, lowball poker, open blind or blind poker, but excepting bridge, whist, and any card game the playing of which is forbidden by the laws of the state.

C. "Cardroom" means any building or structure, or any portion of a building or structure, or any premises or place wherein, in return for any fee, charge or other compensation, any person or persons are permitted to play a card game.

D. "Card table" means any table or any other surface upon which any card game is played.

E. "Employee" means every person, either as agent, employee or otherwise, of the owner, or under the direction of the owner of any card club.

F. "Owner" means every person, firm, association, partnership, corporation or other entity having any interest, legal or equitable, in any cardroom or card club permit.

G. "Person" means and includes individual, firm, association, partnership, joint venture and corporation.

(Ord. 235-82 §1(part), 1983).

Each and every cardroom license heretofore issued by the city council and in effect on the effective date of the ordinance codified in this chapter shall be deemed to be in effect when issued by the city council, or duly authorized officer of the city, prior to the effective date of this chapter, and subject only to the provisions of Chapter 5.04 or Chapter 5.08 of this code, or both thereof, if and to the extent applicable, but only so long as ownership and operation of any such cardroom shall remain in the possession and ownership of the current holder and owner of such cardroom license and permit, or renewal thereof, or his or her surviving spouse. Such renewals shall be pursuant to said Chapter 5.04 or Chapter 5.08, or both.

(Ord. 235-82 §1(part), 1983).

No person shall establish, maintain, manage or operate any cardroom or permit or suffer any cardroom to be established, maintained, or operated, upon or within any building, structure, premises or place owned, occupied or controlled by him/her/it/them unless such cardroom is maintained and operated pursuant to a valid, unexpired, unsuspended and unrevoked cardroom permit issued pursuant to the provisions of this chapter or subsequent ordinance of this city or as provided in Section 5.12.020.

(Ord. 235-82 §1(part), 1983).

At no time shall the city council issue more than five permits; provided and excepting however, that, except as may be otherwise expressly authorized by other provision of this chapter, if and when any outstanding permit is surrendered or revoked, or terminates by operation of law for any reason, the maximum number of cardroom permits permitted in the city shall be deemed reduced to that extent.

(Ord. 235-82 §1(part), 1983).

Each application for a cardroom permit shall contain the following:

A. The location of the business for which the permit is sought, including a specific description of the building or structure within which the cardroom is to be situated, and the specific portion of such building or structure for which a cardroom permit is requested. If it is proposed to use the entire building or structure as a cardroom, the application shall so state and shall request a permit for the entire building or structure. If only a portion of the building or structure is proposed to be used as a cardroom, the application shall so state, shall describe such portion and shall request a permit for only such portion. No permit shall be deemed issued for any portion of any building which the application fails to state is to be used for cardroom purposes or for which the application fails to request a permit specifically;

B. The maximum number of card tables proposed to be maintained within the cardroom, which shall not exceed twenty tables;

C. The specific types of card games proposed to be played within the cardroom;

D. The true and complete name or names, and addresses, of the owner or owners of the building or structure within which the cardroom is proposed to be maintained;

E. The true and complete name or names and addresses of the person or persons to whom it is requested that a cardroom permit be issued as follows:

1. If the proposed permittee is an individual, the application shall set forth the name, residence and business address.

2. If the proposed permittee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and also its local address.

3. If the proposed permittee is a partnership, the application shall set forth the full name of all of the partners and the firm name under which they do or will do business, together with the addresses of all such partners;

F. The names and addresses of the following:

1. If the proposed permittee is a corporation, the names and addresses of all members of the board of directors, the names and addresses of the president and secretary, and the name and address of each shareholder,

2. The names and addresses of all persons who are to be employed in the maintenance and operation of the cardroom, to the extent that such information is known to applicant at the time of filing of the application,

3. The name of each lender or any other person to whom a percentage or share of the income of the cardroom is to be paid other than by way of dividends as paid by a corporation to its shareholders;

G. A set of clearly identifiable fingerprints and photographs of each person to whom a permit is to be granted, or, in the case of a partnership, all of the partners, or in the case of a corporation, the president and members of the board of directors, in the form and manner and by an agency approved by the chief of police;

H. A statement as to whether or not any of the persons required in preceding subsections of this section to be named in the application have at any time been arrested or convicted for any crime or crimes (other than minor traffic offenses) and, if so, the time, place and nature of the offense with respect of each such arrest;

I. A statement as to whether any permit or license previously granted to the applicant has been denied or revoked, and, if so, the type of license or permit which was denied or revoked, the time of denial or revocation, and the reasons therefor, and the name and address of the licensor;

J. A statement that the applicant understands and agrees that the application shall be considered by the city council after a full investigation and reports have been made by the chief of police, fire chief and other agency officials or their authorized representatives;

K. A statement that the applicant understands and agrees that any business or activity conducted or operated under any permit issued under such application shall be operated in full conformity with all the laws of the state and the laws and regulations of this city applicable thereto, and that any violation of any such laws or regulations in such a place of business, or in connection therewith, shall render any permit therefor subject to immediate suspension or revocation;

L. A full and complete financial statement of the applicant, on forms approved by the city attorney and furnished by the city clerk; a full and complete financial statement of each general or limited partner of the applicant, and a full and complete financial statement of each officer and/or director of the corporation or other entity;

M. A statement that the applicant understands and agrees that the chief of police, fire chief or any other city official, or a designated representative thereof, shall have reasonable access to the premises to make inspection of the proposed cardroom premises and access to the records of any applicant in order to conduct their investigation properly and effectively;

N. A statement that the applicant understands and consents to the inclusion in any report to the city council any criminal convictions or arrests that the chief of police deems relevant and necessary concerning any person named in the application;

O. Such other information as the applicant may consider pertinent;

P. An application fee of one hundred dollars payable to the city of Weed shall accompany the application and shall be retained by the city for the cost of investigation and processing of the application whether or not approved;

Q. The contents of the application shall be certified under penalty of perjury, as follows:

1. By the proposed permittee if an individual;

2. By a general partner if the proposed permittee is a partnership, and

3. By the president thereof if the proposed permittee is a corporation.

(Ord. 235-82 §1(part), 1983).

A. Upon receipt of an application for a cardroom permit, the chief of police shall examine the same, and if it is determined that it fails to comply with the requirements of this chapter or does not contain all the information required by this chapter, the application shall be returned to the applicant for proper completion of the application, together with a statement indicating the deficiencies.

B. If it does comply, the chief of police shall conduct an investigation thereof. A copy of the application shall be transmitted to the fire chief and other departments for review and report. The chief of police or members of the unit responsible for cardroom regulations are authorized to obtain criminal history information for each person required in this chapter to be named in the application for the purpose of determining those who have been arrested or convicted for any crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, or crimes related to service or entertainment businesses. The chief of police, within forty-five days of receipt of a complying application, shall report to the city council as follows:

1. Whether the operation of a cardroom at the proposed location will aggravate the crime problems in the area, or otherwise be detrimental to crime prevention or be detrimental to the public peace, health or safety in the area, and shall give the reasons for his opinion;

2. Recommendations as to whether the requested permit should be granted, and shall give the reasons for the recommendation;

3. Set forth all conditions, limitations and restrictions which in his opinion the requested permit, if granted, should be made subject to and shall give the reasons therefor;

4. Set forth such other relevant information and recommendations as may be deemed proper.

(Ord. 235-82 §1(part), 1983).

A. After receipt of a report on the application from the chief of police, the city council shall set a time and place not less than twelve days thereafter at which the city council will hold a public hearing on the application. The city clerk shall post, or cause to be posted, not later than the eleventh day preceding the date set for hearing, in a conspicuous place, a written notice which shall:

1. Be entitled in bold letters, "NOTICE OF HEARING ON APPLICATION FOR CARDROOM PERMIT";

2. State that an application has been made to the city council for a cardroom permit and by what person such application has been made;

3. Describe the premises for which a cardroom permit is requested;

4. Give notice of the time and place at which the city council will hold a public hearing on the application;

5. Give notice that any person will be given a reasonable opportunity to be heard at the public hearing and, in addition, may file written protests with the city clerk at any time before the conclusion of the public hearing;

6. Advise all persons that further information may be obtained by examining the written application on file in the office of the clerk;

B. At the time and place set for hearing of an application for a cardroom permit, and/or at such other times and places to which it may continue the hearings, the city council shall consider the application, the reports of the various departments and written protests or objections, and shall give reasonable opportunity to be heard to all persons who wish to be heard concerning the granting of the requested permit.

(Ord. 235-82 §1(part), 1983).

A. Within a reasonable time after close of the hearing, the city council shall either approve or disapprove the requested permit. The permit may be approved subject to such conditions, limitations and restrictions as may be deemed reasonably necessary. Each permit approved by the city council shall be subject to permittee's compliance with all applicable provisions of this chapter, as well as such conditions, limitations and restrictions as the city council may require.

B. The city council may deny a cardroom permit for any of the following reasons:

1. The operation of a cardroom at the proposed location will aggravate the crime problems in the area, or otherwise be detrimental to the public peace, health or safety in the area;

2. That the establishment or operation of a cardroom at the proposed place or places would violate the city's zoning, fire, building, or other ordinances or regulations, or other applicable laws or regulations;

3. That the applicant is not a responsible business person or entity, or that the applicant, its owners, officers or employees are unfit to be trusted with the operation of a cardroom business. In making such determination, the council may consider:

a. Any criminal convictions of the applicant, its owners, officers or employees, involving theft, embezzlement or moral turpitude,

b. The commission of any acts by the applicant, its owners, officers or employees, involving dishonesty, fraud or deceit with the intent to substantially benefit himself, or another, or substantially injure another,

c. The license and permit history of the applicant, its owners, officers and employees, whether such person, in previously operating in this or another state under a license or permit has had such license or permit revoked or suspended, the reasons therefor and the actions of such person thereafter,

d. The business and credit history of the applicant, its owners, officers or employees;

4. That the applicant has failed to comply with any of the provisions of the Weed Municipal Code, or other applicable laws, applicable to the premises, equipment or operation of the business for which a permit is requested;

5. That the applicant has knowingly made false statements in his application;

6. That the issuance of the proposed permit would violate any of the applicable provisions and limitations of this chapter.

C. Upon approval or conditional approval of a permit by the city council, the director of finance shall issue a written permit pursuant to the city council approval, subject to such conditions, limitations and restrictions as required by the city council. In the case of a partnership, the permit shall be issued in the name of all the parties.

(Ord. 235-82 §1(part), 1983).

No person shall be issued any permit to establish, maintain or operate any cardroom without first obtaining approval of the permit from the city council. Each application for a cardroom permit shall be made to the city clerk, who shall process the application.

(Ord. 235-82 §1(part), 1983).

In order to offset the increased cost that shall be incurred to enforce the regulations concerning cardrooms, the following fee schedule is established:

A. A premises permit fee of one hundred dollars per year shall be paid to the director of finance at the time of the initial issuance of the permit.

B. A table permit fee of one hundred dollars per table, per year, shall be paid to the director of finance at the time of the initial issuance of said license for each table located with the premises, regardless of whether the table is in constant use or not.

C. The initial permit shall be issued by the director of finance, with the expiration date of December 31st of the year that the permit was issued, with the permit fees prorated on a monthly basis.

D. No cardroom shall be issued a permit for more than twenty tables per establishment.

1. No new tables may be added to, or within, any establishment over and above the number of tables stated or proposed on the original application without first depositing an additional table permit fee of one hundred dollars per additional table with the director of finance.

2. In the event that a permittee wishes to remove tables from the premises, thus reducing the number of playing tables within the establishment, the city shall not rebate any of the previously paid table permit fee.

E. In the event of surrender, suspension, revocation or expiration no permit investigation fee or permit fee, or any portion thereof, shall be refunded.

(Ord. 235-82 §1(part), 1983).

The holder of an unsurrendered, unsuspended, unrevoked and valid permit issued pursuant to the provisions of this ordinance may have a permit renewed by the director of finance for respective periods of one year only upon the following terms and conditions:

A. An application for renewal of any such permit, together with the applicable fees, shall be filed with the director of finance prior to the expiration date of the permit for which renewal is sought.

B. If such application for renewal is not filed or the annual fees paid within the time specified by subsection A of this section, such permit shall be deemed revoked at the expiration date of such permit.

C. Renewal fees for permits shall be the same as those fees charged for new permits.

(Ord. 235-82 §1(part), 1983).

A. Except as otherwise provided in this chapter, no cardroom permit may be sold, transferred or assigned by the permittee, or by operation of law, to any other person or persons or any legal entity; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit, which shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without affecting a surrender or termination of such permit, and in such case the permittee shall thereafter be deemed to be the surviving partners.

B. A permit issued to an individual permittee shall terminate at the death of the permittee.

C. A permittee shall not be allowed to incorporate subsequent to approval of the permit. Any such incorporation shall be deemed to constitute a voluntary surrender of such permit, which shall thereafter be terminated and void.

D. No person shall, at any time, have any interest, legal or equitable, in more than one cardroom in the city.

(Ord. 235-82 §1(part), 1983).

A. It is unlawful for any card club holding a permit under the provisions of this chapter to employ any person unless such person shall first have been registered by the chief of police.

B. Each and every cardroom employee shall present him/herself at the office of the chief of police during normal business hours, at least ten days prior to the beginning or commencement of any such employment, and be registered.

C. Each employee shall:

1. Complete an application;

2. Be fingerprinted;

3. Be photographed;

4. Provide any other pertinent, relevant or material information that the chief of police may require;

5. Certify the contents of the application under penalty of perjury.

D. The chief of police shall establish procedures to implement and administer the provisions of this section.

E. The chief of police or members of the unit responsible for cardroom regulations are hereby authorized to obtain criminal history information for each employee seeking registration.

F. A fee of thirty dollars will be charged to cover the cost of each employee's registration, and shall be payable to the city at the time such person shall present himself or herself for registration.

G. Within fifteen days after receipt of the above information, the chief of police shall either grant or deny registration of the applicant, explaining the reasons for denial.

H. A registered employee shall be provided with a cardroom identification card that shall be worn in sight, according to the regulations established by the chief of police.

(Ord. 235-82 §1(part), 1983).

A. If it appears at any time that good cause may exist for the chief of police to refuse to register an agent or employee, or to suspend or revoke a previous registration, he/she shall provide such agent or employee, and the permittee, with a hearing before the chief of police to show cause why he/she should not refuse to register such agent or employee, or why he/she should not suspend or revoke the registration of such agent or employee. Thereafter, if the chief of police finds good cause therefor, he/she may refuse to register such agent or employee, or suspend or revoke the registration of such agent or employee. In the case of a revocation, the employee shall be given ten days' notice of the revocation hearing, and a statement of facts supporting such revocation.

B. The chief of police may revoke the registration of or refuse to register an agent or employee on any of the following grounds:

1. That the agent or employee has been convicted of a crime involving theft, embezzlement or moral turpitude;

2. That the agent or employee has committed any act involving dishonesty, fraud or deceit with the intent to benefit himself or another substantially, or injure another substantially;

3. That the agent or employee has been refused, or has had revoked, any license or permit by an agency of government;

4. That the agent or employee has violated any provisions of this chapter;

5. That the agent or employee has knowingly made a false statement in his/her application;

6. That the agent or employee has violated any law or ordinance relating to the operation of a cardroom.

(Ord. 235-82 §1(part), 1983).

A. In the case of a permittee that is a corporation, any sale, transfer or assignment of stock therein shall be approved by the city council. The purchasers, transferees, or assignees shall file an application for approval of transfer with the city clerk along with a one-hundred-dollar investigation fee for each proposed purchaser, transferee or assignee.

B. The application shall contain the names and addresses of each person, and shall be accompanied by a set of fingerprints clearly identifiable, in the form and manner and by an agency approved by the chief of police.

C. Upon receipt of the above information, the chief of police shall examine the same, and, if it is determined that it fails to comply with the requirements of this chapter, or does not contain all the information required by this chapter, the information shall be returned for proper completion with a statement explaining the deficiencies.

D. If it does comply, the chief of police shall conduct an investigation thereof. The chief of police shall have the authority to obtain criminal history information for each person required to be named therein for the purpose of determining those who have been convicted or arrested for crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral turpitude, or crimes involving service or entertainment businesses catering to the public and determining those who have committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another or substantially injure another. The chief of police, with respect to each application, shall report to the city council within ten days of receipt of complying information as follows:

1. The criminal conviction and arrest history of any of the purchasers, transferees or assignees, and whether the applicant, its owners, officers or employees have committed any act involving dishonesty, fraud or deceit with the intent to benefit himself, or another substantially, or to injure another substantially;

2. The license and permit history of the applicant, whether such person, in previously operating in this or another state under a license or permit has had such license or permit revoked or suspended, the reasons therefor, and the actions of the applicant subsequent to such action;

3. The business and credit history of the applicant, its owners, officers or employees;

4. Other relevant information and recommendations as may be deemed proper;

5. Recommendation as to whether the transfer, sale or assignment should be approved by the city council.

E. Where a purchaser, transferee or assignee fails to comply with the requirements set forth in this section, the permit shall be deemed suspended upon the sale, transfer or assignment until compliance herewith. No stock transfer shall be approved that results in any single person except the transferor owning or controlling, either personally and/or through another legal entity, legal or equitable interest of greater than forty-nine percent of any corporate permittee. The requirements of this section shall not apply to involuntary stock transfers to heirs or administrators upon death or incompetence.

(Ord. 235-82 §1 (part), 1983).

A. After receipt of a report on the application from the chief of police, the city council shall set a time and place, not less than twelve days thereafter, at which the city council will hold a public hearing on the application, at which hearing all interested parties and any members of the public shall be given a reasonable opportunity to be heard. The clerk shall post, or cause to be posted, not later than the eleventh day preceding the date set for hearing, in a conspicuous place, a written notice which shall:

1. Be entitled in bold letters, "NOTICE OF HEARING ON APPLICATION FOR TRANSFER OF CARDROOM CORPORATION STOCK";

2. State that an application has been made to the city council for sale, transfer or assignment of stock of a corporation cardroom permittee;

3. Give notice of the time and place at which the city council will hold a public hearing on the application;

4. Give notice that any person will be given a reasonable opportunity to be heard at the public hearing and, in addition, may file written protests with the city clerk at any time before the conclusion of the public hearing;

5. Advise all persons that further information may be obtained by examining the written application on file in the office of the clerk.

B. At the time and place set for hearing of an application for a cardroom permit, and/or at such other times and places to which it may continue the hearings, the city council shall consider the application and all written protests or objections, and shall give reasonable opportunity to be heard to all persons who wish to be heard concerning approval of the sale, transfer or assignment.

(Ord. 235-82 §1(part), 1983).

A. Within thirty days after close of the hearing, the city council shall either approve or disapprove the application. The transfer may be approved subject to reasonable conditions, limitations and restrictions. Each transfer approved by the city council shall be subject to permittee's compliance with all applicable provisions of this chapter, as well as such conditions, limitations and restrictions as the city council may specifically prescribe.

B. The city council may deny a cardroom stock transfer for any of the following reasons:

1. That the applicant is not a responsible business person or entity or that the applicant, its owners, officers, or employees, are unfit to be trusted with the operation of a cardroom business. In making such determination, the council may consider:

a. Any criminal convictions of the applicant, its owners, officers or employees, involving theft, embezzlement or moral turpitude,

b. The commission of any acts by the applicant, its owners, officers or employees, involving dishonesty, fraud or deceit with the intent to substantially benefit himself, or another, or substantially injure another,

c. The license and permit history of the applicant, its owners, officers and employees, whether such person, in previously operating in this or another state under a license or permit has had such license or permit revoked or suspended, the reasons therefor, and the actions of such person thereafter,

d. The business and credit history of the applicant, its owners, officers and employees;

2. That the applicant has knowingly made false statements in his application.

(Ord. 235-82 §1(part), 1983).

All permits authorized and issued under the provisions of this chapter shall be subject to suspension or revocation under the following conditions:

A. The permittee has breached a provision of this chapter; or

B. The permittee has breached any term or condition upon which such permit was issued has been breached; or

C. Grounds exist which would justify denial of an application for such permit if such application were then pending; or

D. The permittee or an employee has violated any statute, or any ordinance of the city, which violation pertains or relates to the establishment, maintenance or operation of the cardroom authorized by such permit; or

E. The permittee has transferred any stock without the approval of the city council.

(Ord. 235-82 §1(part), 1983).

The procedures for suspension or revocation of permits shall be as follows:

A. The chief of police may suspend or revoke a permit after a hearing of which at least three days' notice shall be given to the permittee of the time, place, and purpose thereof. Such notice may take the format of an order to show cause, addressed to the permittee, requiring such permittee to show cause before the chief of police at a time, date, and place stated why the permit held by such permittee should not be suspended or revoked and which order to show cause shall set forth the reasons or grounds upon, or for which, such suspension or revocation is based.

B. Should the chief of police exercise authority granted him under the authority of this section, and suspend or revoke the permit of any cardroom, he/she shall notify in writing the permittee as to the action taken. Suspension or revocation of permit by the chief of police shall be effective immediately after notice by the chief of police of his/her decision.

C. During such suspension period that may exist or occur as a result of the immediate suspension by the chief of police, as granted under this section, the permit will be temporarily null and void, and the playing of cards or any such use of the tables within such establishment shall be prohibited.

D. Any permittee dissatisfied with the decision of the chief of police may file an appeal with the city clerk within seven days after the decision. Notice of the time and place of the hearing on the appeal shall be mailed to the permittee at least five days prior to the hearing. In no case shall the city council hear the matter any later than ten days after receipt of the notice of appeal by the clerk unless the permittee waives time. The city council shall hear the matter and may affirm or reverse the action of the chief of police or take any other appropriate action.

E. The city council may suspend or revoke a permit after a public hearing of which at least ten days' notice shall be given to the permittee of the time, place, and purpose thereof. Such notice may take the form of an order to show cause, addressed to the permittee, requiring such permittee to show cause before the city council at a time, date and place stating why the permit held by such permittee should not be suspended or revoked and which order to show cause shall set forth the reasons or grounds upon or for which suspension or revocation is proposed.

F. At any hearing under this section, the permittee may appear, either in person or by counsel, or both in person and by counsel, and may produce and submit any relevant evidence such permittee may desire, oral or documentary. In the event of revocation, no new permit shall be issued such permittee.

(Ord. 235-82 §1(part), 1983).

It is unlawful for any permittee, or other person, to violate any of the regulations set forth in Sections 5.12.200 through 5.12.220.

(Ord. 235-82 §1(part), 1983).

A. It is unlawful for any permittee, or other person to violate any of the regulations set forth in this section. No permittee, or other person in charge or control thereof shall use, operate, or permit the use or operation of more tables or units than those for which such permittee holds current and valid permits to operate or use in the city for which the prescribed permit fee has been paid to the city. No cardroom shall have more than the number of card tables for which it has been paid the appropriate permit fees. No cardroom shall have more than twenty card tables at any time.

B. No permittee, or other person in charge or control of any cardroom operating under any permit held or issued under the provisions of this section shall permit any person to play in any game licensed by the provisions of this section at any time while such person is obviously under the influence of an intoxicating beverage, narcotic or drug.

C. No permittee, or other person in charge or control of any cardroom or premises where card games are operating under any permit issued pursuant to the provisions of this section shall permit any person to enter the premises while such person appears to be, or in the opinion of the permittee, or duly authorized agents or employees, is obviously under the influence of an intoxicating beverage, narcotic or drug.

D. No permittee or other person in charge or control of any cardroom operating under any permit held or issued pursuant to the provisions of this section shall permit any person playing in any of the games subject to permit by this section to make any single bet or wage in excess of five dollars or at any time during any game to permit an ante in excess of five dollars total sum anted by players participating in the game.

E. No permittee or other person in charge or control of any cardroom operating under any permit held or issued pursuant to the provisions of this chapter shall operate or use any table or unit or manage, conduct, or carry on any business or activity permitted by this section during any time that such permit issued by the city has been or is suspended or revoked.

F. Each and all of the games conducted or operated in the city pursuant to the provisions of this chapter shall be conducted and operated in full conformity with, and subject to, all the provisions of the laws of the state and of the city.

G. No permittee holding a permit pursuant to the provisions of this section, and no agent, representative, or employee of such permittee, and no other person in charge or control of any such permitted premises, games or activity shall: Permit or allow any person under the age of twenty-one years at any time to be in or upon the cardroom premises covered by or referred to in such permit.

H. Each cardroom for which a permit has been issued and is outstanding shall be open for business and be in operation at least eight hours per calendar day, and five calendar days per calendar week, during each and every calendar week of each and every calendar year except when prevented by fire, earthquake or other acts of God.

I. No person, operator, agent, and/or employee of any duly permitted card club shall assign, arrange for, or in any other manner sublet, directly or indirectly, with or without consideration, to any person not having a valid unrevoked permit to conduct such card game. No person shall conduct or permit such game of draw poker, including five-card lowball draw poker, or the game of panguingue as provided pursuant to the provisions of this section, in a card club not having a valid unrevoked permit to conduct such game or games. No person, operator, agent and/or employee of any duly licensed card club shall permit the farming out, assigning, or subletting of any games lawfully permitted pursuant to the provisions of this section.

J. Only the game of five-card draw poker, including five-card lowball draw poker, and panguingue (pan), and no other game or games shall be played or be permitted to be played in an establishment holding a permit hereunder.

K. The playing of all card games provided for in this section shall be confined to the first floor, or the ground floor, of each permitted card club, and no playing of any games provided for or permitted by this section shall be permitted to any other location within or upon said premises except locations for which a permit has been approved.

L. It is unlawful for any permittee, manager, employee, or any other person employed by or having any financial interest in any establishment holding a permit under the provisions of this section, to be physically present at any time upon said premises without having prominently displayed, his or her own personal identification card identifying such person with the card club. Such identification card to be displayed prominently on the outermost garment at approximately chest height, and such identification card shall at all times be readable, legible and in good condition. No employee shall be allowed to commence work or remain upon said permitted premises who does not possess an identification card as issued by the chief of police.

M. It is unlawful for any permittee, owner, manager, or employee of any cardroom holding a permit under the provisions of this section to play cards or purport to play cards in or upon the premises in which he, she or they have any financial interest whatsoever, or in which they are employed, except that a manager or employee may play cards in or upon the premises in which he or she is employed if he or she plays with his or her own personal money.

N. It is unlawful for any permittee, owner, manager, or person in control of, or person who appears to be in control of any card club holding a permit under the provisions of this section to hire, employ, engage or persuade any person to play cards upon or within the premises of any cardroom for the purpose of stimulating play or for any other reason where such person is to receive any reward, whether financial or otherwise, present or promised; or whether such reward or revenue is to be diverted to the cardroom, its owner, permittee, manager, or any other person whomsoever with any financial interest in the card club. It is unlawful for any person to perform any function described in this subsection within a permitted cardroom of this city.

O. It is unlawful for any permittee, owner, manager, employee or any other person associated with, employed by, or acting as agent for, any card club permittee under this section, to engage in the lending of money, chips, token, or anything of value, either real or promised, to any customer, player, or any person for the purpose of allowing that person to eat, drink or play cards within the cardroom. This section shall also prohibit such lending of above-described items of value outside of the premises when the intent is that they shall be used, expended or otherwise utilized within the card club or any card club.

P. The use of personal checks, or any other writings, either current or postdated, for the purpose of avoiding or evading the prohibitions contained in subsection O of this section is prohibited.

Q. It is unlawful for any permittee, owner, manager, or employer or any person operating under a permit issued under the authority of this section to operate, maintain, or purport to maintain any house bank, player's bank, employee bank, or any system similar thereto, whereby a person may deposit, draw or maintain any account of credit of money, chips or other items of value.

R. It is unlawful for any person to play, or permit the playing of any game regulated or referred to by the provisions of this section at any place within the city except a place operated under a permit issued pursuant to the provisions of this section.

S. It is unlawful for any person to play in any game at any place of business for which a permit has been issued pursuant to the provisions of this section, which game is not permitted by the provisions of this section, or in any game played in violation of any rule or regulation adopted by the city council regulating the games permitted pursuant to the provisions of this section, the only games permitted by the provisions of this section being the game of draw poker, lowball and panguingue which games may be played pursuant to the provisions of this section. All games of chance are prohibited.

T. It is unlawful for any person to play, or allow or permit to be played, at any place of business permitted pursuant to the provisions of this section any variation of the game of draw poker wherein five cards are not originally dealt to each player, or wherein each player shall draw any greater or lesser number of cards than the number of cards originally discarded prior to the draw, or in any game played in violation of any rule or regulation adopted by the city council regulating any game permitted under the provisions of this section.

U. It is unlawful for any permittee or other person operating, managing, or conducting any game or business under any permit issued pursuant to the provisions of this section, or any of their agents, servants, representatives, associates, or employees, for the purpose or with the intention of directly or indirectly offering, furnishing, providing, affording, showing, exhibiting, or distributing, or permitting the offering, to any person in, upon, or near such cardroom premises any money, merchandise, show, entertainment, dancing, vaudeville, circus, or other theatrical or terpsichorean or histrionic act, fortunetelling, magic or sleight-of-hand exhibition, or amusement, or any combination thereof, whether vocal, physical, mechanical or otherwise, or any representative thereof or of value, or the use of any amusement device as a free gift premium, attraction, enticement or reward to enter or remain in or about such place or premises or to attend or participate in any game or activity conducted therein, whether the same is distributed by lot, hazard or chance or for a direct or indirect charge or fee or in any other manner, or is offered, furnished, provided, afforded, shown, exhibited, tendered or distributed free of any fee or charge as a gift. It is provided, however, that the playing of standard radio broadcast programs, or the showing and playing of regular standard televised broadcasts, or the playing of standard recorded or live music or audio programs or wired musical programs shall not be deemed a violation hereof.

V. It shall be the responsibility of each and every cardroom permittee under the provisions of this section to post the regulations as established by this section as follows:

1. One set of regulations shall be posted for every five tables within the establishment;

2. Each set of regulations so posted shall be in a conspicuous location within the establishment;

3. The owner, permittee, or manager shall be responsible to ensure that all his employees have read and understand all such regulations.

W. All cardrooms shall make available literature published by "Gamblers Anonymous" in an easily visible location in the cardroom.

(Ord. 235-82 §1(part), 1983).

All card clubs shall be open for inspection to the chief of police or his duly authorized representatives without search warrant during all normal business hours, and any such chief or representative may seize any evidence of any violation of this section without a search warrant or other legal process.

(Ord. 235-82 §1(part), 1983).

Any barroom in which is situated a cardroom shall be so designed, constructed and maintained so that any part thereof containing alcoholic beverages can be locked and closed so that the same may not be entered from the cardroom area and shall be so locked and closed from two a.m. to eight a.m. of each day, and no one in the cardroom between the hours of two a.m. and eight a.m. of any day shall have any key or any means of any name or nature whereby entrance to such barroom area may be effected at any time during the hours of two a.m. to eight a.m. of any day, and no alcoholic beverages may be dispensed or consumed in any cardroom between the hours of two a.m. and eight a.m. of any day.

(Ord. 235-82 §1(part), 1983).

Violation of any provision of this chapter is a misdemeanor and punishable as such.

(Ord. 235-82 §1(part), 1983).