Willits Municipal Code Ch. 5.12 Card Tables

It is unlawful for any person, firm or corporation to keep or maintain, or permit to be kept or maintained, within the incorporated area of the city, in any building, place, premises or room, owned, managed, supervised, possessed or controlled by him/her or it, any table or tables which are used by the public or offered for use by the public for the playing of cards, or any gambling, and for the use of which a fee or compensation in any form is charged players, without first obtaining a permit for each such building, place, premises or room from the planning commission.

The planning commission may deny the permit or grant it subject to such conditions as the planning commission determines are necessary in order to preserve the peace and protect the health, safety and welfare of the people of the city.

(Ord. 86-15 §3(part)).

A. A written application, verified under penalty of perjury, for permits under this chapter shall be filed with the city clerk upon forms to be provided by him/her and shall contain the following information:

1. The name, occupation, business status and residence addresses of the applicant and all persons having a financial interest in the obtaining of such permit;

2. The location of tables for which the permit is sought;

3. The number of tables for which the permit is sought;

4. Together with such further information as the planning commission may require in order to determine that the operation of such a cardroom premises would not be injurious to the health, safety and morals of the people of the city.

B. Any change in name, occupation, business status and residence address with reference to persons designated in this section, insofar as it relates, either directly or indirectly, to the operation of any business for which a permit is sought under this chapter, must be promptly reported to the city clerk.

C. Upon receipt of any such application, the city clerk shall set the matter of public hearing before the planning commission. Notice of the time and place of the hearing shall be given at least ten calendar days before the hearing, by prepaid U.S. mail notices to owners of property adjoining that of the applicant, using addresses from the last assessment roll, by publication once in a newspaper of general circulation in the city, and by posting such notice in conspicuous places on or close to the property affected. The notice shall include a general explanation of the matter to be considered and a general description of the area affected.

D. Upon receipt of any such application, the city clerk shall submit each application to the chief of police, who shall inspect the tables and the premises in question and investigate the moral character of the applicant. The chief of police shall submit a written report to the planning commission containing the results of his investigation and a recommendation that the permit be granted or denied. The report and recommendation shall be submitted to the city clerk and a copy made available to the applicant at least two calendar days prior to the hearing. The chief of police shall not recommend any application unless he is satisfied that the applicant is of good moral character, and that the operation of the cardroom at the premises proposed would not constitute a violation of any state law or ordinance of the city, and that it would not be injurious to the public health, safety, welfare or morals of the people of the city to operate such business upon the premises for which the permit is sought.

E. Within thirty days of the conclusion of the hearing, the planning commission shall act on the matter. The planning commission may deny, conditionally approve or approve such application. Approval of an application for a permit shall be based upon a written finding that:

1. The location, size, design and operating characteristics of the proposed cardroom will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents, buildings or structures, with consideration given to:

a. Harmony in scale, bulk, coverage and density,

b. The availability of public facilities, services and utilities,

c. The harmful effect, if any, upon desirable neighborhood character,

d. The generation of traffic and the capacity and physical character of surrounding streets, and

e. Any other relevant impact of the proposed use; and

2. That the impacts, as described in subsection Al of this section, and the location of the proposed use will not adversely affect the Willits general plan;

3. That the proposed cardroom, at its proposed location, will not be detrimental to the general well-being of the surrounding neighborhood or community; and

4. That the operation of the cardroom, at its proposed location will not be injurious to the public health, safety, welfare or morals of the people of the city.

F. Failure of the planning commission to act within the time set out in this section shall be deemed to be a denial of the application on that date. If the planning commission denies any application, notice of such denial of such application shall be given in writing to the applicant within ten days after such denial. Notice shall be effected by personal service upon the applicant or by the United States mail directed to the applicant at his/her place of residence. The applicant may appeal therefrom by filing a written notice of such appeal with the city clerk no later than twenty days after the denial of the application. Upon the filing of such notice of appeal, the city council shall schedule a hearing within fifteen days. The applicant, the chief of police, and the city attorney shall be notified of the date of the hearing of such appeal.

G. Granting of the permit shall be authorized by resolution of the planning commission, or in the case of a favorable appeal by the city council, instructing the clerk to issue same.

(Ord. 86-15 §3(part)).

The applicant will pay the cost of processing such application. The cost of application for a permit shall be established by resolution of the city council. The costs of processing are payable in advance and are not refundable.

(Ord. 86-15 §3(part)).

The cost of the permit and each renewal thereof shall be established by resolution of the city council. Any permit granted under this chapter shall become null and void unless six months from the date of issuance by the city clerk it is renewed by the applicant in accordance with this section. An application for renewal shall be filed with the city clerk thirty days prior to the expiration date of the permit. The permit shall be renewed by the city clerk for a period of one year if an application for renewal after expiration of the six-month permit is timely filed. The applicant shall thereafter annually renew the permit by filing an application for renewal with the city clerk within thirty days prior to the expiration date of the permit. The city clerk shall not renew any permit issued under this chapter unless the application for renewal is timely filed in accordance with this section. The chief of police shall submit to the planning commission his report and recommendation for each renewal application.

(Ord. 86-15 §3(part)).

All individuals employed or acting as dealers for the licensee shall be required to make application to the chief of police for a dealer's permit, on forms to be provided therefor.

A. Each dealer applicant shall pay a fee, to be established by resolution of the city council, for the initial license, and said license shall be renewable one year from issuance for a renewal fee also to be established by city council resolution.

B. Each applicant shall be a citizen of the United States and have attained his twenty-first birth by the date of issuance of a dealer's permit.

C. Upon receipt of an application for dealer's permit, the chief of police shall require that fingerprints be taken and a record check made of the applicant.

D. No dealer's permit shall be issued to any applicant having been convicted of any provisions of this chapter or convicted of a violation of Section 330 of the Penal Code of California, or for any felony conviction in this or any other state.

E. Each successful applicant shall be issued an identification card signed by the chief of police and containing the physical description of the dealer. The identification card shall be affixed in a plastic holder and worn over the left breast of the dealer while working.

(Ord. 86-15 §3 (part)).

All cardrooms subject to the provisions of this chapter may operate and remain open twenty-four hours per day.

(Ord. 86-15 §3(part)).

It is unlawful for any person, firm or corporation to maintain at any time in any such place or establishment a greater number of tables than set forth in such application for which a permit is sought.

(Ord. 86-15 §3(part)).

It is unlawful for the owner, operator, tenant, or person in control of any room or enclosure where such table or tables are maintained or used, or while any game is played, or for any other person to sell, dispense, give, serve, or deliver to any person within any room or enclosure where any such table or tables are maintained or used, whether a participant at such table or in any game played thereat, any intoxicating liquor or alcoholic beverage unless the owner, operator, tenant, or person is specifically authorized to do so under the terms or conditions of the permit issued by the planning commission pursuant to Section 5.12.010.

(Ord. 86-15 §3(part)).

It is unlawful for any such owner, operator, tenant, employee or any other person in charge or control of any such room, game or tables, to knowingly permit any person while under the influence of intoxicating liquor or alcoholic beverage in such a condition that he or she is unable to exercise care for his or her safety or the safety of others, to participate, either directly or indirectly, in any game played at such table or in any such room.

(Ord. 86-15 §3(part)).

Neither the licensee nor any person who serves the licensee in conducting the business shall knowingly permit any professional gambler or gamblers to play in any game conducted by the business.

(Ord. 86-15 §3(part)).

No person under the age of twenty-one years shall be permitted to play in any game conducted by such business, nor shall any person under the age of twenty-one years be permitted to be a bystander at such game, nor to be or remain on the premises where such game is conducted. The burden of proof shall be upon the operator of such game to prove that such person was over the age of twenty-one years in the event of a prosecution for such violation.

(Ord. 86-15 §3(part)).

Permits and licenses issued under this chapter shall not be transferable, and any attempted transfer shall render the permit and license in question invalid.

(Ord. 86-15 §3(part)).

A. Permits under this chapter may be suspended or revoked by the planning commission upon conviction of the permittee or any employee for a violation of any of the provisions of this chapter, or upon conviction of a violation of Section 330 of the Penal Code of California or any other statutory provision of the state of California or any other statutory provision of the state regarding gambling, or when the terms or conditions to the granting of a permit are not complied with, or when in the opinion of the planning commission that the continuous operation of such place or establishment would be injurious to the health, safety, welfare or morals of the people of the city.

B. Upon the suspension or revocation of a permit by the planning commission, notice of such suspension or revocation shall be given in writing to the permittee and the permittee may appeal therefrom in the same manner as provided under Section 5.12.020 for denial of application.

(Ord. 86-15 §3(part)).