Yuba City Municipal Code Ch. 15 Card Rooms

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Person" shall mean any person, firm, association, organization, partnership, corporation, or company.

(b) "Card room" shall mean any space, room, or enclosure furnished or equipped with a table used, or intended to be used, as a card table for the playing of cards and similar games, and the use of which is available to the public, or any portion of the public. "Card room," as defined in this section, shall have reference to a single table used, or intended to be used, as a card table for the playing of cards and similar games, and each such table so used shall constitute a "card room" and shall be subject to the licensing provisions of this chapter; provided, however, "card room," as defined in this section, shall not apply to any bona fide nonprofit society, club, or fraternal, labor, or other organization as set forth in Section 5-15.05 of this chapter.

(§ 1, Ord. 504, eff. October 21, 1964, as amended by § 1, Ord. 705, eff. July 2, 1975)

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

(§ 2, Ord. 504, eff. October 21, 1964)

An applicant for a card room license shall submit his or her application to the Chief of Police on a form supplied by the Chief of Police which shall include, among other things, the address of the place where the card room is to be conducted and the true names and addresses of all persons financially interested in the business. The term "persons financially interested" shall include all persons who share in the profits of the business on the basis of gross or net revenue. The application shall also be accompanied by the fingerprints of the applicant and of persons financially interested in the business in any case where the fingerprints of such persons are not already on file in the Police Department. Such licenses may be issued only to citizens of the United States.

The Chief of Police may deny any applicant for a card room license a license to operate such card room if such 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 such license on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the Council. Notice of such appeal shall be filed with the City Clerk within ten days after the denial of such license. Upon failure to file such notice within such ten-day period, the action of the Chief of Police in denying such license shall be final and conclusive.

The Chief of Police shall deny any applicant for a card room license a license to operate such card room if such license, if granted, would exceed the maximum number of card room licenses permitted in the City by the provisions of Section 5-15.08 of this chapter.

(§ 3, Ord. 504, eff. October 21, 1964)

No card room license shall be assignable or transferable except as follows:

(a) A card room licensee may change the location of a card room from one building to another building within the City provided an application therefor is made to the Chief of Police and the change in locations is permitted by the Chief of Police.

(b) When a card room is sold or leased, and the new owner or lessee intends to continue the operation of the card room, he or she shall make an application therefor pursuant to the provisions of Section 5-15.03 of this chapter to operate a card room at the same location. If the application is approved by the Chief of Police, the old license shall be cancelled, and a new license shall be issued. The provisions of Section 5-15.08 of this chapter shall not apply to this section.

(§ 4, Ord. 504, eff. October 21, 1964)

A nonprofit society, club, or fraternal, labor, or other similar organization, when the tables are for the exclusive use of members and bona fide guests of the members of the society, club, or fraternal, labor, or other organization shall not be required to obtain card room licenses, and employees shall not be required to obtain work permits.

(§ 5, Ord. 504, eff. October 21, 1964)

Any person who is hired by the licensee to manage, direct, conduct, or supervise other employees in a card room shall submit an application to the Chief of Police for a work permit within five days of such employment as manager. Such application shall be submitted on forms supplied by the Chief of Police which shall include, among other things, the true name, address, and description of the applicant, and the name and address of the employer. The application shall also be accompanied by the fingerprints of the applicant in cases where the applicant's fingerprints are not already on file in the Police Department.

The Chief of Police may deny to such applicant a work permit if such applicant is not, in the opinion of the Chief of Police, a person of good moral character.

Each application for a work permit shall be accompanied by a fee of $1. Such fee shall not be returned in the event such work permit is refused, revoked, or suspended as provided in this chapter. Only one such work permit shall be required each year. The holder of a work permit may be employed by any licensee within the City.

The action of the Chief of Police in denying such work permit on the basis of the applicant not being a person of good moral character shall be subject to an appeal to the Council. Notice of such appeal shall be filed with the City Clerk within ten days after the denial of such 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.

(§ 6, Ord. 504, eff. October 21, 1964)

Before issuing a card room license pursuant to the provisions of this chapter, the Finance Director shall require the applicant, as a condition to the issuance of the license, to post with the City a cash bond of $1,000, or a surety bond in the same amount, furnished by a corporate surety authorized to do business in the State, payable to the City. A corporate surety posting a bond for a licensee, as required by this section, shall notify, in writing, the Finance Director ten days prior to any cancellation or discontinuance of such bond. The bond shall guarantee that the licensee shall redeem all chips or any other devices used in the card games for cash, and the bond shall be kept in full force and effect by the licensee throughout the term of the license.

(§ 7, Ord. 504, eff. October 21, 1964)

The number of licenses issued shall be limited to one for each 5,000, or fraction thereof, of the residents of the City as determined by the last Federal census, or as determined by the latest population estimate of the Department of Finance of the State; provided, however, all persons having card table licenses on May 19, 1975, shall be issued a card room license upon the fulfillment of the conditions set forth in Section 5-15.03, Section 5-15.06, and Section 5-15.07 of this chapter on or before July 2, 1975.

(§ 8, Ord. 504, eff. October 21, 1964, as amended by § 2, Ord. 705, eff. July 2, 1975)

Every person engaged in managing, possessing, or conducting the business of maintaining a place where tables are used by the public for the playing of cards and for the use of which a fee or compensation is charged players, in addition to obtaining the permit required by the provisions of this chapter, shall pay a license fee of $225 per calendar year, payable in advance. Persons commencing such businesses after the beginning of the license year may procure a license for the remainder of that year by paying the proportion of the license tax provided for such business that such remainder of the year bears to the full year.

The provisions of this chapter shall not apply to the card rooms of recognized fraternal organizations operating under the charter from the head of such organizations, not open to the general public, and whose membership is restricted to those persons regularly and formally elected to membership therein and paying regular dues to such organizations, but such exception shall not extend to any organization operated and maintained principally for the purpose of conducting or permitting the conduct of card games.

The provisions of this chapter shall not apply to any occasional card game sponsored by any fraternal, religious, or social group in an establishment which is not primarily used by the public for the playing of cards.

No such license for such establishment shall be issued by the License Collector unless and until the applicant therefor has a valid permit in effect covering the specific location in question.

(§ 9, Ord. 504, eff. October 21, 1964)

Nothing contained in this chapter shall be construed to permit the licensing of any card games declared illegal by the Penal Code of the State.

(§ 10, Ord. 504, eff. October 21, 1964)

It shall be unlawful to operate a card room in violation of any of the following rules and regulations:

(a) Each card table shall have assigned to it a person whose duty shall be supervise the game and to see that such game is played in accordance with the provisions of this chapter and the provisions of the Penal Code of the State. Such person may have more than one table under his or her supervision.

(b) No minor shall be permitted at any card table, or to participate in any card game played thereat, or to remain in any card room, except for the purpose of transacting lawful business.

(c) No person who is in a state of intoxication shall be permitted in any card room.

(d) No person shall drink intoxicating beverages or furnish intoxicating beverages to other persons in any card room, unless the premises are licensed for that purpose by the State Department of Alcoholic Beverage Control.

(e) Only table stakes shall be permitted in any card game.

(f) The Chief of Police may require the licensee to post specified signs at each card table stating the name of the game, the rules of play, and other specified information.

(§ 11, Ord. 504, eff. October 21, 1964, as amended by § 3, Ord. 705, eff. July 2, 1975)

All card rooms subject to the provisions of this chapter shall cease operations and remain closed between the hours of 2:00 a.m. and 9:00 a.m. of each day.

(§ 12, Ord. 504, eff. October 21, 1964)

No card table whereon card games may be played shall be maintained behind any closed, locked, or barred door at any place of business in the City. The main entrance to any premises for which any permit has been issued pursuant to the provisions of this chapter shall at all times remain unlocked and unbarred while any games are being played upon such premises, and at all times all premises where any games are being played shall be kept in such condition as to be accessible for inspection by all police officers. No permit for the conduct of any card game shall be issued for any portion of any premises unless such portion is in close proximity to and readily accessible by all police officers from the main entrance of such premises.

(§ 13, Ord. 504, eff. October 21, 1964)

The Chief of Police shall have the right for cause to revoke or suspend any card room license or card room work permit issued pursuant to the provisions of this chapter and to take possession of such permits. Grounds for revocation or suspension of a license or work permit shall be as follows:

(a) When the licensee or permit holder fails to comply with the provisions of this chapter;

(b) When the licensee or permit holder has given false information in making an application for a license or permit;

(c) When the licensee or permit holder is convicted of a felony; and

(d) Where the licensee or the employees of the licensee keep or permit to be used, in conjunction with a licensed card room, any disorderly house or place in which people abide or to which people resort to the disturbance of the neighborhood, or in which people abide or to which people resort for purposes which are injurious to the public morals, health, convenience, or safety, including, but not confined to, activities such as prostitution, soliciting for prostitution, the selling or exchanging of stolen property, and the unlawful selling, furnishing, or using of narcotics and dangerous drugs.

The action of the Chief of Police in revoking or suspending a license or work permit shall be subject to an appeal to the Council. Notice of such appeal shall be filed with the City Clerk within ten days after the revocation or suspension of the license or 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.

(§ 14, Ord. 504, eff. October 21, 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.

(§ 15, Ord. 504, eff. October 21, 1964)