Wheatland Municipal Code Ch. 5.48 Cardrooms

For the purpose of this chapter, a "cardroom" is defined to be any space, room, or enclosure, which:

A. Is furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games;

B. Returns to the owner or operator any remuneration for card games played therein; and

C. Is available to the public, or any portion of the public; provided, however, that this section shall not apply to any bona fide nonprofit society, club, fraternal, labor or other organization as defined in Section 5.48.080 of this chapter.

(Ord. 180 § 2, 1964)

It is unlawful for any person, for him or herself, or for any other person, firm or corporation, to carry on or engage in, or to maintain, or to conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the city without first having secured a license from the city to do so, according to each and every requirement of this chapter, or without complying with each and every regulation contained in this chapter pertaining to such cardroom.

(Ord. 180 § 1, 1964)

A. An applicant for a cardroom license shall submit his or her application to the chief of police of the city.

B. Such application shall be under oath, and shall include, among other things:

1. The true names and addresses of all persons financially interested in the business. The term "persons financially interested" includes all persons who share in the profits of the business on the basis of gross or net revenue.

2. The past criminal record, if any, of the applicant and of all persons financially interested in the business shall be shown on such application.

3. The application shall also be accompanied by fingerprints, and a physical description of the applicant and of persons financially interested in the business.

C. The chief of police shall deny any application for a cardroom license, or a license to operate such cardroom if:

1. The applicant has previously been convicted of any narcotics violations, a felony involving theft, or any crime involving moral turpitude within the past ten years; or

2. The applicant is not, in the opinion of the chief of police, a person of good moral character. The action of the chief of police in denying the license on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the city council. Notice of such an appeal shall be filed with the city clerk within ten days after the denial of said license. Upon failure to file such notice within the tenday period, the action of the chief of police in denying such license shall be final and conclusive.

(Ord. 180 § 3, 1964)

A. Cardroom employees must obtain a work permit from the chief of police. "Cardroom employees," for the purpose of this chapter, are defined as dealers, overseers and others directly connected with such operation and supervision. Applications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be deemed by the chief of police necessary to determine whether the applicant is a proper person to be issued a cardroom work permit. The application shall also be accompanied by fingerprints and a physical description of the applicant.

B. The chief of police shall deny to such applicant a work permit if:

1. The applicant has previously been convicted of any narcotics violation, a felony involving theft, or any crime involving moral turpitude within the past ten years; or

2. Said applicant is not in the opinion of the chief of police a person of good moral character.

C. Each application for a work permit shall be accompanied by a fee set by resolution of the city council and shall be valid for a period of one year. The fee shall not be returned in the event that said work permit is refused, revoked, or suspended as hereinafter provided. Only one such work permit shall be required each year, even though the holder of said work permit may change his place of employment within the city.

D. An emergency permit may be issued by the chief of police for a period of twenty-four hours. The action of the chief of police in denying such a work permit on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial of said work permit. Upon failure to file such notice within the ten-day period, the action of the chief of police in denying such work permit shall be final and conclusive.

(Ord. 180 § 4, 1964)

The chief of police shall have the right for cause to revoke or suspend any cardroom work permit issued hereunder and to take possession of such permits. Any of the grounds upon which the chief of police shall be required to refuse to issue an initial cardroom license or cardroom work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a cardroom license or cardroom work permit to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such license or work permit.

The action of the chief of police in this respect shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten days after the revocation or suspension. Upon failure to file such notice within the ten-day period, the action of the chief of police in revoking or suspending the license or work permit shall be final and conclusive.

(Ord. 180 § 5, 1964)

No cardroom license shall be assignable or transferable.

(Ord. 180 § 6, 1964)

A license fee set by resolution of the city council, per card table, is established which fees shall cover the period between July 1st and June 30th of each fiscal year. The fees shall not be returned in the event such license is suspended or revoked. A license fee shall not be prorated in the event application is made for a license to cover an unexpired portion of a fiscal year.

(Ord. 180 § 8, 1964)

A nonprofit society, club, fraternal, labor or other organization having adopted bylaws and duly elected directors and members may be granted a permit without fee by the chief of police, when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other. organization, and no charges are made for any of the facilities.

(Ord. 180 § 9, 1964)

All persons and employees presently licensed to conduct a cardroom business shall comply with the provisions of this chapter within thirty days from the effective date of the ordinance codified in this chapter, except that any holder of a cardroom license who is unable to comply with the provisions of this chapter shall be permitted to hold his or her license for the duration of the period of time for which he or she has already paid the full amount of the license fee without being subject to prosecution for a violation of this chapter, but no new license shall be issued to such persons unless he or she is able to comply with all the provisions hereof.

(Ord. 180 § 13, 1964)

It is unlawful to operate a cardroom in violation of any of the following regulations and rules:

A. Not more than one cardroom shall be located at any one address, and not more than three card tables in any one cardroom.

B. Cardrooms shall be located and so arranged that card tables and the players shall be plainly visible from the cardroom door opening to the cardroom. No wall, partition, screen or similar structure between the cardroom door opening and any card table located in the cardroom shall be permitted if it interferes with said visibility.

C. No minor shall be allowed in cardrooms during operating hours.

D. Cardrooms may be open seven days a week but shall be closed between the hours of two a.m. and six a.m. of each day.

E. All cardrooms shall be open to police inspection at all times.

F. During hours of operation, doors must be unlocked and accessible to the general public.

G. Operators and employees are required to exhibit their permits on demand of any law enforcement officer.

(Ord. 180 § 7, 1964)

The city council declares that it is not the intention of this chapter to permit the licensing of any cardroom for the playing of any game prohibited by the laws of the state, including but not limited to those games enumerated in Section 330 of the Penal Code of the state, which section includes banking and percentage games.

(Ord. 180 § 10, 1964)

Any person, society, club or organization violating any of the terms, requirements, regulations or provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding an amount set by resolution of the city council, or by imprisonment in jail for not more than six months, or by both such fine and imprisonment.

(Ord. 180 § 11, 1964)