Yolo County Municipal Code Ch. 2 Card Rooms

* Sections 5-2.01 through 5-2.10, codified from Ordinance No. 355, amended in their entirety by Section 1, Ordinance No. 728, effective September 17, 1975.

The provisions of this chapter shall not be construed to permit the licensing of any card game declared unlawful by the provisions of the Penal Code of the State. (§ 1, Ord. 728, eff. September 17, 1975)

For the purposes of this chapter, “card room” shall mean any place where games of cards are played and to which the public is invited to participate in card games with or without the payment of consideration. (§ 1, Ord. 728, eff. September 17, 1975)

No person shall operate or conduct a card room, nor participate in the business of operating or conducting a card room, unless he holds a valid and subsisting license to do so duly issued by the Sheriff-Coroner upon approval of the Board. (§ 1, Ord. 728, eff. September 17, 1975, as amended by § 1, Ord. 953, eff. July 1, 1983)

No person defined and designated by this chapter as a person required to be licensed as a participant in the business of the operation or conducting of a card room, either individually or as a joint licensee, shall participate in more than one such business or be a joint licensee in more than one license issued pursuant to this chapter. (§ 1, Ord. 892, eff. October 9, 1980)

The following designated persons, firms, or entities are hereby defined and designated as persons required to be licensed as participants in the business of the operation or conducting of a card room as joint licensees:

(a) All lessees, tenants, co-tenants, or subtenants of the real property upon which the card room is conducted;

(b) All persons, firms, or entities which are licensed to conduct other businesses upon or within the premises within which the card room is operated or conducted;

(c) All persons, firms, or entities which receive remuneration from a licensee by way of a share or percentage of the gross or net receipts from the card room operation;

(d) All general and limited partners of the licensee or any participant as defined in this section; and

(e) All officers of a corporate licensee or corporate participant in the business as defined in this section. (§ 1, Ord. 728, eff. September 17, 1975)

Licenses issued under the provisions of this chapter shall be issued upon the payment to the County of an annual license fee of Two Hundred Fifty-Two and no/100ths ($252.00) Dollars for each card table, beginning on January 1 of each year. When a license is issued after January 1 of any year, a prorated deduction shall be made in the amount of the fee for each whole calendar month which has expired since January 1 of such year.

Such license fees shall be collected by the Sheriff-Coroner, who shall issue the license upon Board approval and the filing of a bond pursuant to the provisions of Section 5-2.07 of this chapter. (§ 1, Ord. 728, eff. September 17, 1975, as amended by § 2, Ord. 953, eff. July 1, 1983)

Card games played or held by fraternal or veterans’ organizations, lodges, church groups, or farm associations for the members or bona fide guests thereof shall be exempt from the provisions of Section 5-2.05 of this chapter. (§ 1, Ord. 728, eff. September 17, 1975)

The licensee shall furnish and deposit with the Clerk of the Board a bond in the sum of One Thousand and no/100ths ($1,000.00) Dollars to assure the County of the faithful performance of his obligations under the terms of the license. (§ 1, Ord. 728, eff. September 17, 1975)

Licenses issued pursuant to the provisions of this chapter shall be valid only as to the persons and premises designated thereon, and a licensee shall not assign, transfer, or hypothecate the license, or his interest therein, or change the location of the card room without the express approval of the Board. (§ 1, Ord. 728, eff. September 17, 1975)

The applicant for a license to conduct a card room shall file with the Sheriff-Coroner a verified application setting forth the following:

(a) The name and address of all persons interested in the operation of the card room;

(b) The location of the card room;

(c) All necessary facts indicating that the place in which the card room is to be conducted and the persons conducting the card room are of good moral character;

(d) A statement as to whether any state, municipality, governing body, or licensing authority has ever refused to issue to the applicant, or renew, any license requiring a showing of good moral character or has revoked any such license and, if so, the circumstances in connection with such revocation or refusal;

(e) A statement as to whether or not the applicant or any person interested in the proposed card room has ever been convicted of any crime and, if so, the nature of the offense and the punishment or penalty assessed therefor; and

(f) Such further information as may be required by the Sheriff-Coroner. (§ 1, Ord. 728, eff. September 17, 1975)

(a) Upon the filing of an application for a license to be issued pursuant to this chapter, the Sheriff-Coroner shall report such filing to the Board.

(b) Upon the receipt of a report of filing, the Board shall determine whether the provisions of Section 5-2.12.1 of this chapter concerning the number of licenses permit the issuance of an additional license.

(c) If the determination is in the negative, the application shall be denied summarily.

(d) If the determination is in the affirmative, the Board shall set a filing period for further applications of at least thirty (30) days in duration and give notice thereof by publication in a newspaper of general circulation in the County once a week for two (2) weeks.

(e) Within the filing period so set, additional applications may be filed with the Sheriff-Coroner for a license. At the conclusion of the filing period, any additional filings shall be reported by the Sheriff-Coroner to the Board. All such applications shall be filed in the form specified by this chapter.

(f) Upon the receipt of a report from the Sheriff-Coroner as to such filings, the Board shall determine whether the total number of applications on file exceeds the limit imposed by Section 5-2.12.1 of this chapter. If the determination is in the negative, the Board shall direct the Sheriff-Coroner to proceed to review the applications for a report to the Board. If the number of applications exceeds the limit, the Board shall determine the applications to be reviewed and considered for issuance by lot.

(g) If any of the applications so selected by lot is rejected by the Board after recommendation and review, the Board shall determine by lot the identity of a further application to be eligible for review, report, and issuance of a license. (§ 2, Ord. 892, eff. October 9, 1980)

Licenses issued pursuant to the provisions of this chapter shall become immediately void if the licensee fails to commence the operation of the card room so licensed within forty-five (45) days after the issuance of the license, discontinues the operation of the licensed card room for more than ninety (90) days, or fails to renew his license before February 15 of any year. (§ 1, Ord. 728, eff. September 17, 1975)

All persons required to be licensed pursuant to the provisions of this chapter shall jointly apply for a license, which shall be approved and issued by the Board if it finds that the application is complete and accurate in its statement of facts, that the persons to be licensed are persons of good moral character and have never been convicted of a crime or public offense involving moral turpitude, and that the issuance of the license is consistent with the preservation of the public peace, health, safety, and welfare. (§ 1, Ord. 728, eff. September 17, 1975)

Upon considering the application for a license pursuant to the provisions of this chapter, the Board shall consider the nature and location of the site of the card room, the presence or absence of compatible or incompatible land uses or activities in the area, and the number of card rooms in existence in the area, and the Board may issue the license subject to conditions, including the hours of operation and locations of tables. (§ 1, Ord. 728, eff. September 17, 1975)

The number of card room licenses issued shall be limited to one license for each 20,000 or fraction thereof of inhabitants of the unincorporated territory of the County. Not more than one card room shall be located at any one address. (§ 3, Ord. 892, eff. October 9, 1980)

No card room licensed pursuant to the provisions of this chapter shall operate between the hours of 2:00 a.m. and 6:00 a.m. (§ 4, Ord. 892, eff. October 9, 1980)

Licenses issued pursuant to the provisions of this chapter may be suspended by the Sheriff-Coroner for a period of fifteen (15) days in the event the Sheriff-Coroner finds that any of the conditions or events described in Section 5-2.14 of this chapter exist or have occurred. (§ 1, Ord. 728, eff. September 17, 1975)

All licenses issued pursuant to the provisions of this chapter shall be issued subject to revocation or suspension by the Board, and shall be subject to a temporary suspension by the Sheriff-Coroner as provided in Section 5-2.13 of this chapter, if it is found that:

(a) The conditions of the license or the provisions of this chapter have been violated;

(b) The license was obtained by fraudulent misrepresentation;

(c) The licensee is, or has caused the card room to be conducted by, a person who is not of good moral character;

(d) Minors are permitted to frequent the card room;

(e) The card room is not open to the public during any portion of the time card games are played therein; or

(f) The license has been used to operate the card room in a disorderly manner or in such a manner as to be prejudicial to the public welfare. (§ 1, Ord. 728, eff. September 17, 1975)

Upon issuing his order temporarily suspending the license, the Sheriff-Coroner may apply to the Board for further suspension or revocation pursuant to the provisions of Section 5-2.14 of this chapter. (§ 1, Ord. 728, eff. September 17, 1975)

Each card room licensed pursuant to the provisions of this chapter shall have on the premises no more than five (5) card tables seating seven (7) players each. (§ 1, Ord. 728, eff. September 17, 1975)

The Sheriff-Coroner may, at any time, inspect the licensed premises and investigate the manner of the operation of the licensee in order to determine whether the conduct of the licensee is contrary to the public welfare. (§ 1, Ord. 728, eff. September 17, 1975)

The licensee shall prominently post upon the licensed premises the license and a complete set of rules and regulations for the playing of the games and the required conduct of the players, which rules and regulations shall have been previously approved by the Sheriff-Coroner. (§ 1, Ord. 728, eff. September 17, 1975)

No person may be employed by a licensee in the conduct or operation of a card room, or work in the licensed card room as a card dealer, shill, cashier, supervisor, manager, or clerk, unless and until such person, within five (5) days of the commencement of work, registers his identity with the Sheriff-Coroner giving full personal particulars, as required by the Sheriff-Coroner, including a photograph and fingerprints, and pays a fee for such registration of Ten and no/100ths ($10.00) Dollars, and receives a permit from the Sheriff-Coroner. (§ 1, Ord. 728, eff. September 17, 1975)

The Sheriff-Coroner shall approve the application for an employee permit if he finds that the applicant is a person of good moral character and has never been convicted of a crime or public offense involving moral turpitude. (§ 1, Ord. 728, eff. September 17, 1975)

An employee permit may be revoked by the Board, upon the recommendation of the Sheriff-Coroner, if it is determined that:

(a) The permit was obtained by fraudulent misrepresentation; or

(b) The permittee has operated the card room, or assisted in the operation of the card room, in a disorderly manner or in a manner determined to be prejudicial to the public welfare. (§ 1, Ord. 728, eff. September 17, 1975)

An employee aggrieved by the revocation of his permit may appeal the decision of the Sheriff-Coroner to the Board by filing a written notice of appeal with the Clerk of the Board within fifteen (15) days after such revocation. The Clerk of the Board shall then set the appeal for a public hearing within thirty (30) days after the filing. The Board shall then hear the appeal and determine whether such revocation by the Sheriff-Coroner was based upon good cause. (§ 1, Ord. 728, eff. September 17, 1975)

A licensee shall maintain the licensed premises open to all members of the public without discrimination as to race, creed, color, sex, or national origin. (§ 1, Ord. 728, eff. September 17, 1975)

Any violation of the provisions of Section 5-2.03 of this chapter shall be a misdemeanor and shall be punishable as set forth in Chapter 2 of Title 1 of this Code. (§ 1, Ord. 728, eff. September 17, 1975)