TITLE IV—PUBLIC WELFARE, MORALS AND CONDUCT

CHAPTER 1—AMUSEMENTS

ARTICLE 1—CARD ROOMS

Sec. 4015 Definition.

For the purpose of this Article, a "card room" is defined to be any place where card playing for money occurs on a regular or irregular basis, whether for a profit or not, and to which the public is allowed to participate.

Sec. 4016 Permit required.

No person shall engage in or carry on, or maintain or conduct, any card room in this City without first securing a permit from the City to do so.

Sec. 4018 Application.

Application for a card room permit shall be made to the City Clerk, who, before issuing said permit shall refer said application to the Chief of Police for appropriate investigation and recommendation.

Sec. 4019 Application fee. (Ord. 972, eff. 7/17/1981)

At the time the application is filed, the applicant shall pay to the City Clerk such application fee as may be adopted by resolution of the City Council from time to time.

Sec. 4020 Police recommendation.

The Chief of Police shall, within fifteen (15) days thereafter, submit in writing his recommendation either for or against the issuance of said permit. In the event the Chief of Police recommends against issuance of a permit, and on that basis a permit application is denied, the applicant may appeal such denial in the same manner as if his permit was suspended.

Sec. 4021 Grounds for negative recommendations.

If the Chief of Police recommends against issuance of a license, he shall furnish to the applicant a written statement of the reasons for denial, if requested by applicant.

Sec. 4022 Hearing.

Any person aggrieved as a result of any such recommendation may file a written request for a hearing before the City Manager. If such person does not file a request for hearing within ten (10) days after the recommendation, then such recommendation shall be deemed final. If the City Manager denies the request, then the aggrieved person may appeal directly to the City Council, in writing, within ten (10) days of the Manager’s decision.

Sec. 4023 Permit Requirements.

Any person in charge of a card room, or any agent or employee acting for or in behalf of any person having a card room permit, shall be at least twenty-one (21) years old and registered with the Police Department and such person, agent or employee shall furnish the Police Department with his photograph and fingerprints.

Sec. 4024 Duty of owner to require registration.

It shall be the duty of the owner or proprietor of any card room to require all agents, employees, or persons acting in his behalf to register with the Police Department.

Sec. 4025 Suspension or Revocation of permit.

The Chief of Police shall have authority to suspend for up to three (3) days any permit issued hereunder for a violation of any of the provisions of this Chapter or of any of the sections contained in Chapter IX and X, Title IX, Part I of the Penal Code of the State of California, or any amendment thereto, and to take possession of such permit pending a hearing on revocation which shall be held before the City Manager. Any suspension proposed for longer than three (3) days, or any proposed revocation, must be preceded by issuing a Notice of Intention to Review Permit to the permit holder. Such notice shall specify the action proposed to be taken, as well as the grounds therefore, and shall set a hearing before the City Manager.

Sec. 4026 Hearing.

Any person aggrieved as a result of suspension of a permit issued hereunder may file a written request for a hearing in the same manner as provided in Section 4022 of this Article.

Sec. 4027 Time of hearing.

The City Manager shall set a time for such revocation hearing, which hearing shall not be held on less than two (2) days’ notice and not more than ten (10) days from the date of suspension, unless such time or times shall have been waived by all the interested parties. The Manager’s decision may be appealed to the City Council within ten (10) days after the Manager’s review is held.

Sec. 4028 Effect upon State Law.

The Council hereby declares that it is not the intention of this Chapter to issue a permit for any card room for the playing of any game prohibited by the laws of this State, and particularly those games enumerated in the Penal Code of the State of California.

Sec. 4029 Fee.

The permit fee for such card room shall be payable quarterly in advance at a rate as established from time to time by resolution of the City Council.

Sec. 4030 Minors playing.

No minor shall be permitted to play at any card table or to participate in any game played thereat.

Sec. 4031 Minors excluded.

No minor shall be permitted to enter any card room or loiter therein.

Sec. 4032 Police inspection.

All card rooms shall be open to police inspection during all hours of operation.

Sec. 4033 Floor location.

All card rooms must be situated on the ground floor of the establishment in which they are located.

Sec. 4034 Hours.

All card rooms shall be closed at 2:00 a.m. and shall remain closed until at least 8:00 a.m.

ARTICLE 2—DANCES

Sec. 4050 Public dance, etc., Definitions.

For the purpose of this Article, a "public dance hall" is defined to be a public place where dancing is regularly conducted on certain days as a business, whether for profit or not for profit, and to which the public is admitted, whether with or without charge, or at which the public is allowed to participate in dancing, either with or without charge.

For the purpose of this Article, the term "public dance" is defined to be a gathering of persons in or upon any premises where dancing is participated in and to which premises the public is admitted. It is specifically intended that public dance shall be defined so as to include all establishments that have live or recorded music and dancing.

For the purpose of this Article, a "dancing club" is defined to be any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once a month, and a "club dance" is defined to be any dance held by a dancing club.

A "special event" refers to any organized event, whether or not open to the public and whether or not admission is charged. Such special events may or may not include: dancing or music and consumption of alcoholic beverages, and be held on public property or private property rented or loaned for the event. Special events are generally less than three (3) days in length.

Sec. 4051 Same. Permit Required.

No person shall conduct or assist in conducting the business of operating or maintaining any public dance hall, public dance, or dancing club in the City, unless under and by authority of a written permit from the Council.

Sec. 4052 Issuance of Permits.

Permits to conduct a public dance hall, public dance, or dancing clubs in the City may be issued by the Council upon the written application of any person , firm or corporation.

The Council must first satisfy themselves that the conduct of such dance hall, public dance or dancing club, will comport with the public welfare, and for this purpose may consider any facts or evidence bearing on the place where the proposed public dance hall, public dance or dancing club is to be located, the character, reputation and moral fitness of those who will be in charge of it, and any other facts or evidence intended to enlighten the Council in this respect.

Sec. 4053 Delegation of authority.

The Council may by order authorize the City Manager or his delegated representative to receive applications for permits under this Article and to issue permits to hold dances or "special events". If, however, upon application by any person or organization, the City Manager refuses to issue a permit, the application may be appealed directly to the Council in writing within ten (10) days of the Manager’s action. The Council must hear evidence as herein provided and make a new determination whether or not a permit shall be issued.

Sec. 4054 Suspension or revocation of permit.

Whenever the Council shall issue any permit under the terms of this Article, the same may be suspended for up to three (3) days at any time thereafter by the Chief of Police or his designee, if he becomes satisfied that the conduct of such public dance hall, public dance or special event does not, or will not, comport with the public welfare for any reason, or in the case of a public dance hall, public dance or dancing club, that the same has been conducted in an illegal, improper or disorderly manner, or in violation of the rules set forth in the issued permit. Any suspension proposed for longer than three (3) days or any proposed revocation must be preceded by issuing a Notice of Intention to Review Permit to the permit holder. Such notice shall specify the action proposed to be taken, as well as the grounds therefore, and shall set a hearing before the City Manager.

Sec. 4055 Time of hearing.

The Council shall set a time for such revocation hearing, which hearing shall not be held on less than two (2) days’ notice and not more than ten (10) days from the date of suspension, unless such times shall have been waived by all the interested parties.

Sec. 4056 Establishment of Regulations.

The Council may make rules governing public dance halls, public dances, and dancing clubs, and may revoke or suspend permits issued for any public dance hall, public dance or dancing club where the proprietor or person in charge thereof violates, or permits any infraction of, any of such rules or any law of the State of California or any ordinance of the City.

Sec. 4057 Revocation Hearing

Any person aggrieved as a result of suspension of a permit issued hereunder may file a written request for a hearing before the Arcata City Council. If such person does not file a request for hearing within ten (10) days after suspension, then such suspension shall be deemed final.