Chapter 5.08 CARD ROOMS

The city council determines that the public health, safety and welfare require the adoption of regulations pursuant to, and in conformity with, the State Gaming Registration Act, under which the city shall prohibit the future construction and establishment of card rooms within the city. The city council also finds it necessary to regulate the existing card rooms located in the city with regards to the following:

A. The persons who will own, operate, and be employed in card rooms;

B. The operation of card rooms in the city;

C. The issuance of permits and licenses, including limitations on transfer and assignment, regarding card rooms; and

D. The permissible games which may be played in the card rooms.

5.08.020 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. “Applicant” shall mean a living person, corporation or partnership who applies for either:

1. A license to operate, manage or maintain a card room (an applicant for a license to operate or manage a card room also includes, for purposes of BMC 5.08.040, all persons holding or having a financial interest in the card room); or

2. A work permit to be employed in a card room.

B. “Application” shall mean the form submitted by the owner, operator, or employee and which, when completed by the applicant, contains information requested by the city of Benicia (the “city”) upon which the city council may base their approval of such application.

C. “Card game” shall mean any game played with cards or other devices for money, checks, credits or any other thing of value.

D. “Card room” shall mean any building or structure, or any portion of a building or structure, or any premises or place wherein any person or persons are permitted to play a card game authorized by BMC 5.08.170 in return for a fee, charge or other compensation.

E. “Card table” shall mean any table or any other surface upon which any card game authorized by BMC 5.08.170 is played.

F. “Day” shall mean a working day during which the city’s administrative departments are open and available to the general public.

G. “Employee” shall mean any person employed by a licensee, with or without compensation, in a card room, and who either (1) participates as a dealer in a card game or is in charge of the operation and is required to supervise card tables, or (2) is a proposition player or an agent of the licensee. Anyone who is required to routinely enter into the card playing area during the course of their duties is considered an employee. The term employee does not include a bartender, culinary worker, or any other person not directly connected with the card room operation.

H. “License” shall mean a license granted by the Benicia city council to an applicant to operate a card room in the city. This license is distinct from, and in addition to, any business license required by the city.

I. “Licensee” shall mean any person who holds a current, valid license, issued by the city to operate a card room.

J. “Owner” shall mean any person, persons, corporation or partnership, or any combination thereof, that has any interest, legal or equitable, in any card room or card room license, excepting a bona fide lending institution licensed by the state of California or the federal government.

K. “Person” shall mean and include individual, firm, association, partnership, joint venture and corporation.

L. “Premises” shall mean any structure or portion of a structure to be licensed, or for which a license has been granted in accordance with the provisions of this section, which contains a card room.

M. “Proposition player” shall mean an employee or other person who participates in a card game at the request, direction or demand of the licensee, his/her agents, or employees and who plays with his/her own money, and who is solely responsible for his/her own wins and losses.

N. “Shill” shall mean any person who participates in a card game at the request, direction or demand of the licensee, his/her agents, or employees where the licensee and/or the card room has a financial interest in such person’s wins or losses.

O. “Wagering limit” shall mean to risk or stake an amount of money on an uncertain outcome; a bet.

P. “Work permit” or “permit” shall mean a permit granted to an employee or agent of the licensee of a card room by the chief of police. (Ord. 99-13).

5.08.030 Card room license required – Prohibition of all future card rooms.

A. No person shall establish, maintain, manage or operate any card room or permit or allow any card room to be established, maintained, managed, or operated within any building or structure, owned, occupied, or controlled by him/her unless such card room is maintained and operated pursuant to a valid, unexpired, unsuspended and unrevoked card room license issued pursuant to the provisions of this chapter. The holder of any such license or his/her designated representative shall be required to exercise personal control and direction over the operation of the card room and shall be available at reasonable times, during regular business hours, to the chief of police or his/her designated representative.

B. The city shall not approve or issue any building permit, license or other entitlement for the construction, ownership, operation or use of a card room except to those persons who otherwise comply with the requirements of this chapter in all respects, and (1) who were legally, lawfully and actively operating a card room as of the effective date of the ordinance codified in this chapter, or (2) who obtained a license which was sold, transferred or assigned by a licensee who was legally, lawfully and actively operating a card room as of the effective date of the ordinance codified in this chapter.

C. Those persons who obtain a card room license pursuant to this chapter shall continue to operate their card room as a legal nonconforming use, and shall be subject to all laws applicable to legal nonconforming uses in addition to the requirements of this chapter. To the extent any conflict exists between any law governing legal nonconforming uses and the provisions of this chapter, the provisions of this chapter shall prevail and control.

5.08.040 Application for card room license.

An application for a card room license or a card room license renewal, as required herein, shall be completed by the applicant and filed with the police department within 60 days after the effective date of the ordinance codified in this chapter and by January 1st of each succeeding year upon such form as may be furnished by the police department. The application shall set forth and include the following:

A. The location of the card room for which the license is required, including a specific description of the building or structure, or portion of the building or structure, within which the card room is to be situated, and the specific portion of such building or structure for which a card room license is required. If the entire building or structure is used as a card room, the application shall so state and shall request a license for the entire building or structure. If only a portion of the building or structure is used as a card room, the applicant shall so state, shall describe such portion and shall request a license for only such portion. No permit shall be deemed issued for any portion of any building which the application fails to state is to be used for card room purposes or for which the application fails to specifically request a license;

No card room may be located in any zone which has not been specifically approved for such a business and none may be located near any of the unsuitable areas, as specified in Business and Professions Code Section 19852(a)(3);

B. The maximum number of card tables proposed to be maintained within the card room;

C. The specific types of card games proposed to be played within the card room;

D. The true and complete name and address of each owner or owners of the building or structure within which the card room is proposed to be maintained;

E. The true and correct name and address of the person or persons to whom it is requested that a card room license be issued, as follows:

1. If the proposed licensee is an individual, the application shall set forth the name, residence and business address of the applicant;

2. If the proposed licensee is a corporation, the application shall set forth the complete name of the corporation and the state within which it is incorporated, together with its home address and its local address, and also the names and addresses of each officer of the corporation, all persons responsible for operation and management of the card room, and any person owning 10 percent or more of the total shares of stock issued by such corporation;

3. If the proposed licensee is a partnership, the application shall set forth the full names of all partners and the firm name under which the partnership operates, together with the addresses of all partners;

F. A set of clearly identifiable fingerprints and photographs of each person to whom a license is to be granted or, in the case of a partnership, all of the partners; or in the case of a corporation, the president and members of the board of directors, in the form and manner and by an agency approved by the chief of police. Each person shall have paid to the police department the current fee set by the city master fee schedule for receiving and processing fingerprints so taken;

G. A statement as to whether or not any of the persons hereinabove required to be named in the application have at any time in the last 10 years been convicted of or entered a plea of nolo contendere to any crime or crimes of lesser and included offense and (other than minor traffic offenses) listed in BMC 5.08.060(C) and, if so, the nature of the crime for which they were convicted, and the date and jurisdiction of the conviction;

H. A statement as to whether any gaming permit or card room license previously granted to the applicant has been denied or revoked; the time of denial, revocation or suspension; the jurisdiction denying, suspending or revoking; and the reasons therefor;

I. A statement that the applicant understands and agrees that the application shall be considered by the city council after a full investigation and reports have been made by the chief of police, other city officials or their authorized representatives;

J. A statement that the applicant understands and agrees that the card room established or maintained under any license issued pursuant to the application filed shall be established, operated, managed, and maintained in full conformity with all of the laws of the state of California and the laws and regulations of the city applicable thereto; and that any violation of any such laws in the card room or in connection therewith, shall render any license therefor subject to immediate suspension or revocation and the licensee may thereafter be forever barred from obtaining a card room license from the city of Benicia;

K. A full and complete financial statement of the applicant on forms provided by the police department; a full and complete financial statement of each general or limited partner of the applicant, and a full and complete financial statement of each officer and/or director of the corporation or other entity; a full and complete financial statement of all lenders, except bona fide lending institutions licensed by the state of California or the federal government, whose interest is secured by the assets of the card room;

L. A statement that the applicant understands and agrees that the chief of police or a representative of the chief of police shall have access to the card room premises and to the business records of the applicant for the purpose of investigating compliance with the provisions of this chapter and all other applicable state and federal laws and regulations, and the applicant consents to any such search and consequential seizure;

M. A statement that the applicant understands and consents to the inclusion in any report to the city manager and city council of any criminal conviction that is related to the application;

N. A description of security measures the applicant has or will take or cause to be taken, including security personnel staffing and training, and provision of security in and around off-street parking areas. The security plan must be approved by the police department and adopted by the card room operator prior to issuance of the license;

O. A statement indicating whether the applicant will operate a “house bank,” and, if so, a complete description of the operating policies and procedures of such bank, and evidence of the surety bonds required by BMC 5.08.210;

P. A release by the applicant and any of the persons hereinabove required to be named in the application allowing the city to investigate their background, including any history of criminal convictions, as specified in BMC 5.08.060(C);

Q. If the applicant is seeking the transfer, sale or assignment of a current legal card room license, a signed and notarized statement of the current card room licensee consenting to the sale, transfer or assignment of the card room license;

R. Such other information that either the applicant or the city may consider pertinent;

S. The contents of the application shall be certified under penalty of perjury as follows:

1. By the proposed licensee if an individual;

2. By a general partner if the proposed licensee is a partnership; and

3. By the president thereof if the proposed licensee is a corporation. (Ord. 99-13).

5.08.050 Card room license application fee.

A nonrefundable card room license application fee shall accompany the application, shall be paid to the police department, and shall be retained by the city for the cost of investigating and processing of the application whether or not the application is approved. The application fee shall be paid before the application is accepted by the police department. The fee amount shall be established by resolution of the city council.

5.08.060 Application acceptance, referral, investigation and report.

A. Upon receipt of an application for a card room permit, within 30 days, the police department shall examine the same, and if it is determined that it fails to comply with the requirements of this chapter or does not contain all the information required by this chapter, the application shall be returned to the applicant for proper completion of the application, together with a statement indicating the deficiencies. If the application does comply, the police department shall inform the applicant in writing that the application has been accepted as complete, but that the city reserves the right to request additional information regarding matters contained in the application.

B. The city manager shall be responsible for the gathering of all reports and pertinent information from other city departments and completing a final report to the city council for their acceptance of said application.

C. Providing that the release(s) referenced in BMC 5.08.040(P) has been obtained, the chief of police, or a representative of the chief of police, is hereby authorized to obtain criminal history information in the last 10 years for each person required to be named in the application for determining whether any such person has been convicted of any crime involving robbery, burglary, lotteries, gambling, larceny, usury, perjury, bribery, extortion, bookmaking, fraud, narcotics or controlled substances (except for the history of convictions for marijuana offenses, which shall only be applied to those occurring in the last two years), prostitution, pimping, pandering, money laundering, the California Control of Profits of Organized Crime Act (Penal Code Section 186 et seq.), the Street Terrorism Enforcement and Prevention Act (Penal Code Section 186.20 et seq.), the Federal RICO provisions, or similar crimes involving moral turpitude or who, following an arrest and prosecution for any of the above offenses, is found guilty of or enters a plea of nolo contendere to any lesser and included offense. The chief of police, within 45 days of receipt of a complete application, shall submit a written report to the city manager summarizing the results of his or her investigation. (Ord. 99-13).

5.08.070 License issuance or denial.

The city manager shall submit a completed, final report on the initial application for a license to the city council. Within 30 days of receipt of the completed final report from the city manager, the city council shall review the report at a public meeting. If the city council determines the applicant complies with the requirements of this chapter in all respects, the city council shall direct the police department to issue a license to the applicant. Each license approved by the city council shall be subject to licensee’s compliance with all applicable provisions of this chapter as well as such other conditions, limitations and restrictions as the city council may require and shall be valid for up to one calendar year. In the case of a partnership, a license shall be issued in the name of all the partners.

If the city council determines that the application does not comply with the requirements of this chapter in all respects, the city council shall direct the police department to deny the license. The decision of the city council shall be final.

For all subsequent years, the chief of police shall issue the annual license, provided he or she finds that it complies with this chapter. Each license approved by the chief of police shall be subject to licensee’s compliance with all applicable provisions of this chapter as well as such other conditions, limitations and restrictions as the city council may require and shall be valid for up to one calendar year.

5.08.080 Suspension and revocation of license.

A. All licenses and work permits authorized and issued under the provisions of this chapter shall be subject to suspension or revocation by either the chief of police pursuant to the procedures contained in this section or by majority vote of the city council pursuant to the procedures contained in BMC 5.08.090, if it is determined, based upon a preponderance of the evidence, that the licensee or any employee or agent of such licensee or permittee has:

1. Failed to comply with any of the provisions of this chapter; or

2. Been convicted, in the last 10 years, of any crime involving robbery, burglary, lotteries, gambling, larceny, usury, perjury, bribery, extortion, bookmaking, fraud, narcotics or controlled substances (except for the history of convictions for marijuana offenses, which shall only be applied to those convictions occurring in the last two years), prostitution, pimping, pandering, money laundering, the California Control of Profits of Organized Crime Act (Penal Code Section 186 et seq.), the Street Terrorism Enforcement and Prevention Act (Penal Code Section 186.20 et seq.), the Federal RICO provisions, or similar crimes involving moral turpitude or who, following an arrest and prosecution for any of the above offenses, is found guilty, enters a plea of guilty of or enters a plea of nolo contendere to any of the above or lesser and included offenses; or

3. Breached any term or condition upon which his/her card room license or work permit was issued.

B. The chief of police may immediately suspend or revoke a card room license or a work permit upon determining that any of the grounds listed in subsection (A) of this section exist. The chief of police shall give written notice to the licensee/permittee that the license/permit has been revoked and that the licensee/permittee may appeal that decision to the city council in accordance with Chapter 1.44 BMC. (Ord. 07-30 § 1; Ord. 99-13).

5.08.090 Procedures for suspending or revoking card room licenses and work permits by city council.

Existing card room licenses and work permits may be suspended or revoked pursuant to the following procedures:

A. The city council may, by majority vote, suspend or revoke any card room license or work permit after a hearing pursuant to an appeal filed under BMC 5.08.080; or

B. The city council may, by majority vote, suspend or revoke any card room license or work permit pursuant to a hearing of which at least 20 days’ notice shall be given by the city to the licensee/permittee of the time, place and purpose thereof. Such notice may take the format of an order to show cause, issued by the chief of police or his or her designee, addressed to the licensee/permittee, requiring such licensee/permittee to show cause before the city council at a time, date and place stated, why the license should not be suspended or revoked. The order to show cause shall set forth the reasons or grounds upon which such suspension or revocation is proposed;

C. At any hearing under this section, the licensee/permittee may appear, either in person or by counsel, or both in person and by counsel, and may produce and submit any relevant evidence such licensee/permittee may desire, oral or documentary;

D. Should the city council exercise the authority granted to it under the authority of subsection (A) or (B) of this section, and suspend or revoke the license/permit of any card room or card room employee, the city manager shall notify in writing the licensee/permittee as to the action taken. Suspension or revocation of a license/permit by the city council shall be effective immediately after notice given by the city manager of the council’s decision. The decision of the city council shall be final;

E. No licensee or other person in charge or control of any card room operating under any license or permit held or issued pursuant to the provisions of this chapter shall operate or use any table, or manage, conduct or carry on any business or activity permitted by this chapter during any time that such license issued by the city has been or is suspended or revoked. A revoked license may not be transferred.

If the license/permit is revoked by action of the city council, the licensee/permittee shall be forever barred from obtaining a card room license/permit from the city of Benicia.

5.08.100 License nonassignable.

A. Except as otherwise provided for in this chapter, no card room license may be sold, transferred or assigned by the licensee, or by operation of law, to any person, persons, or legal entity. Any sale, transfer or assignment shall be void, and shall be deemed a voluntary surrender of such license, which license shall immediately be deemed terminated, revoked and void unless the person, persons or legal entity have applied for and obtained a transfer of the card room license.

B. A license issued to an individual shall terminate on December 31st of the calendar year in which said individual dies, except that the personal representative of the estate of said individual may apply for renewal of the license for one year, providing said representative has complied with the Gaming Registration Act of the state of California and all other provisions of this chapter.

C. If the licensee is a partnership and one or more of the partners dies, the surviving partners, or partner, may, with prior approval of the city council, acquire, by purchase or otherwise, the interest of the deceased partner, or partners, without affecting a surrender or termination of the license. In such case, the licensee shall thereafter be deemed to be the surviving partner, or partners, upon notice to the city of said purchase or transfer.

D. Any change of legal status of licensee (such as a change from individual to corporate status) not otherwise herein provided, shall require the prior approval of the city council, which may condition such approval on any appropriate basis.

5.08.110 Operating regulations.

The licensee may operate a card room only at the location specified in the license and in accordance with the following regulations:

A. Only one room may be used for the card room activity.

B. No more than 12 card tables shall be permitted in a card room. In the event a licensee reduces the number of card tables permitted by his/her license, he/she shall not be entitled to reimbursement of any fees or charges previously paid. No more than 36 card tables shall be allowed to operate in the city.

C. No more than eight players shall be permitted at one card table unless the state amends its laws to permit more players. No more than 10 players shall be permitted in any case.

D. The card room shall be located on the ground floor and be so arranged that card tables are plainly visible from the outside door opening.

E. The card room shall be open to police inspection, without a search warrant, during all hours of operation.

F. The card room may operate 24 hours a day, seven days a week unless otherwise stated. The hours of operation shall be clearly posted at the card room so as to give law enforcement and patrons adequate notice of such hours.

G. Each card table during the time of play shall have assigned to it a person holding a valid card room work permit. This person is in charge of and shall supervise and conduct the game strictly in accordance with the laws of the state and this chapter.

H. Only table stakes are permitted.

I. Neither the licensee nor an employee of the licensee shall extend credit to or accept a promissory note from any player for any reason.

J. No minor shall be permitted at a card table.

K. No alcoholic beverages shall be stored, poured or mixed in a card room.

L. No intoxicated person shall be permitted in a card room.

M. Before it shall be allowed to operate, each card room establishment shall adopt rules for wagering limits in each game, after the rules have been approved by the local licensing authority. During hours of operation, such rules shall be clearly posted at the card tables where the games are offered, to provide the patrons adequate notice of those rules. (Ord. 99-13).

5.08.120 Cessation of operations.

A license becomes void upon a six-month involuntary absence or suspension of operations allowed by it, regardless of the reasons therefor; except that the city council may, during the six months, extend the time for good cause shown.

5.08.130 Violation of chapter as public nuisance.

In addition to the legal remedies provided for in this code, the operation of any card room in violation of the provisions of this chapter or other applicable laws and regulations shall be deemed a public nuisance and the city may bring an action in any court of competent jurisdiction to enjoin such nuisance or may abate such nuisance in any other manner provided to the city by law.

5.08.140 Issuance of work permits for employees.

A. No licensee or other person in charge or control of any licensed card room shall employ or allow any person to work in such card room without such person having first obtained a card room work permit. Nothing herein shall be construed to prohibit the employees or agents of licensees who are actually working in a card room, or for a card room licensee, on the effective date of the ordinance codified in this chapter, from continuing such work; provided, that within 60 days of such date such employees and agents must submit the required application for a work permit.

B. The prospective employee or agent shall complete an application for such permit on forms provided by the police department setting forth:

1. The true name of such person, including all other names by which such person is or has been known;

2. The permanent home address of such person;

3. The name of the card room and card room licensee in and for which such person intends to work;

4. The position/positions and duties such person shall hold and perform while in the employ of licensee;

5. A statement as to whether or not any of the persons hereinabove required to be named in the application have at any time in the last 10 years been convicted of or entered a plea of nolo contendere to any crime or crimes of lesser and included offense listed in BMC 5.08.060(C) and, if so, the nature of the crime for which they were convicted, and the date and jurisdiction of the conviction. The period of time for marijuana offenses shall be two years;

6. Two recent photographs of such person, and a set of clearly identifiable fingerprints and photographs of the person to whom a permit is to be granted in the form and manner and by an agency approved by the chief of police. Each person shall have paid to the police department the current fee set by the city master fee schedule for receiving and processing fingerprints so taken;

7. A statement that such person understands and agrees to the inclusion, in any report to the city manager or city council, of any criminal conviction related to the application;

8. A release by such person allowing the city to investigate his or her background, including any history of criminal convictions, as specified in BMC 5.08.060(C);

9. Certification by the prospective employee that contents of the application are true under penalty of perjury.

C. Providing that the release(s) referenced in subsection (B)(8) of this section has been obtained, the chief of police, or any other person designated by the chief of police, is hereby authorized to obtain any criminal history information related to the application requirements regarding such person and conduct such other investigations deemed necessary for the purpose of determining whether the application accurately sets forth the information requested.

D. Application for a work permit shall be submitted on the first day the police department is open to accept such applications after beginning employment at the card room. A nonrefundable fee, the amount of which will be established and may be amended by city council resolution, will be charged to each prospective employee or agent to cover the costs of such application, and shall be paid to the police department and made payable to the city at the time application for a work permit is submitted. After an application is submitted along with the required fee, the police department shall provide the applicant with a receipt indicating acceptance of the application and fee. The receipt shall serve as a probationary work permit to be maintained by the employee at all times while performing their duties in the card room. Upon completion of the police department’s investigation, a determination will be made by the police chief whether a work permit will be issued. The chief of police shall base such determination on the factors enumerated in this section.

E. The chief of police shall, within 30 days, determine whether the application contains false statements knowingly made, or whether the applicant is unfit to be employed by a card room because of prior criminal convictions in the last 10 years of or involving lotteries, gambling, larceny, usury, perjury, bribery, extortion, bookmaking, fraud, narcotics or controlled substances (except for the history of convictions for marijuana offenses, which shall only be applied to those occurring in the last two years), prostitution, pimping, pandering, robbery, burglary, money laundering, the California Control of Profits of Organized Crime Act (Penal Code Section 186 et seq.), the Federal RICO provisions, or similar crimes involving moral turpitude or who, upon arrest and prosecution for any of the above crimes, is found guilty of or enters a plea of nolo contendere to a lesser and included offense. If such determination is made, the chief of police shall notify the prospective employee and licensee that the application has not been approved and the reasons therefore in writing. Such determinations shall be subject to appeal to the city council of the city in accordance with the appeal procedures set forth in Chapter 1.44 BMC.

F. An employee registration and work permit shall be valid for one year. It shall be renewable at the end of each year upon filing a new application and paying a renewal registration fee, the amount of which will be established by city council resolution. If an expired registration and work permit is not renewed within 30 days of the expiration date, it shall be considered void.

G. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license for any of the reasons specified in Business and Professions Code Section 19850.

H. Any application for a work permit shall be subject to objection by the State Division. If the Division objects to the issuance of a work permit, it shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act (Business and Professions Code Section 19801 et seq). (Ord. 07-30 § 2; Ord. 99-13).

5.08.150 Obligation to inform of certain changes concerning licenses and employees.

A. The licensee shall notify the police department in writing within 14 days of any change in the information required in an application for license issuance or renewal as provided in BMC 5.08.040, except that no such change need be reported if such change occurs within 30 days immediately preceding the expiration of such license.

B. Each person registered as a card room employee or agent shall notify the police department in writing within 10 days of any change in the information such employee or agent provided in the registration application/work permit required by BMC 5.08.140.

C. On or before the first day of January of each year, each card room license owner shall submit to the chief of police a current and complete listing of all their employees or agents who work or are affiliated with the card room.

5.08.160 Card games conducted pursuant to law.

All games conducted or operated in the city pursuant to the provisions of this chapter shall be conducted and operated in full conformity with, and subject to, all the provisions of the laws of the state of California and the city. The agreed-upon rules of play for the games which are permitted to be played by this chapter shall be retained by the chief of police and shall be available for public inspection. All games shall be conducted and played in accordance with such rules of play.

5.08.170 Permitted games designated.

Only the games of five card draw poker, five card lowball draw poker, seven card stud poker, Texas hold’em poker, double hand poker, crazy pineapple, or Omaha, and no other game or games shall be played or permitted to be played in a licensed card room. Additional games may be played if the applicant: (1) submits the game for approval to the Department of Justice and receives approval; and (2) receives approval from the chief of police. The chief of police may condition approval of the game in order to protect public welfare and promote integrity of the game. The chief of police’s approval or denial of the game may be appealed to the city council in accordance with Chapter 1.44 BMC. All games of chance are hereby prohibited. (Ord. 07-30 § 3).

5.08.180 Identification cards.

All employees, including managers and owner/managers, of a licensed card room shall display a personal identification card at all times while on duty and physically present in the card playing area. Such identification card shall be prominently displayed on the outermost garment at approximately chest height, and shall at all times be readable and in good condition. No such employee shall be allowed to commence work or remain in the card playing area who does not display such identification card. Wilful failure to comply with this section shall constitute grounds for suspension or revocation of such employee’s work permit and/or the card room’s license.

5.08.190 Licensee, owner, agent or employees not to play cards – Exceptions.

It shall be unlawful for any licensee, owner, agent or employee of any card room holding a license or permit under the provisions of this chapter to play any card game or gamble in the premises in which they are employed or have a financial interest, except for off-duty personnel and proposition players, unless they wear their identification card, as required by BMC 5.08.180, while playing. Proposition players shall also wear an identification card, as required by BMC 5.08.180, while playing.

5.08.200 Use of shills by card rooms.

It shall be unlawful for any licensee, owner, agent or employee of any card room holding a license under the provisions of this chapter to hire, employ or engage a “shill” as that term is defined in this chapter. It shall be unlawful for any person to act as a shill within a licensed card room in the city where such person is to receive any reward, whether financial or otherwise, present or promised; or whether such reward or revenue is to be diverted to said card room, its owner, licensee, manager or any other person whomsoever with any financial interest in said card room. It shall be unlawful for any person to perform any such function as described herein within a licensed card room in the city.

5.08.210 Operation of house bank or similar system.

It shall be unlawful for any licensee, or agent or employee of a licensee, to remove, use, spend or transfer any money which has been deposited by a customer, player, employee or other person into a licensee’s house bank. Any licensee who establishes such a house bank shall maintain adequate records which detail all bank transactions, including deposit cards, which shall be signed by the depositor and which shall designate a beneficiary or beneficiaries in the event of the death or incapacity of the depositor. Such records shall be made available for inspection by the chief of police or any other person designated by the chief of police. Each house bank established and operated pursuant to this chapter shall obtain and maintain a surety bond or bonds in a principal amount equal to the total of all deposits in such bank.

5.08.220 Communication within card rooms – When prohibited.

It shall be unlawful for any person to communicate in any way, whether verbally or nonverbally, to any other person, whether playing a card game or not, any information concerning the cards held by any other person in the card room.

5.08.230 Exclusion or ejection of individuals from card rooms.

It shall be unlawful for any person who has engaged in, been convicted of, or entered a plea of nolo contendere to any charge in last 10 years involving bookmaking, narcotics or controlled substances (except for the history of convictions for marijuana offenses, which shall only be applied to those occurring in the last two years), illegal gambling activities, pimping, prostitution, a crime of moral turpitude, extortion, robbery, burglary, money laundering, violations of the California Control of Profits of Organized Crime Act (Penal Code Section 186 et seq.), the Street Terrorism Enforcement and Prevention Act (Penal Code Section 186.20 et seq.), or Federal RICO provisions; or who is under the age of 21 years; or who, in the opinion of a licensee or its agents or employees, is obviously under the influence of any intoxicating beverage, narcotic or drug to enter into or remain upon the premises of any card room, or to participate in the playing of any card game at any card table.

A. A licensee, owner, agent or employee of such card room or any law enforcement officer of the city may exclude or eject from any card room any person prohibited by the terms of this section from being on the premises of a card room. The chief of police may, but is not required to, notify a licensee, owner, agent or employee of a card room of the identity of a person subject to exclusion. Any such notification shall be in writing to the licensee, owner or employee of such card room of the identity of any person subject to exclusion or ejection pursuant to this section.

B. Any person who, pursuant to this section, is excluded or ejected from a card room may apply to the chief of police for a hearing on the question of whether this section is applicable to such person. The hearing shall be held within 30 days after receipt of the hearing request, or at such other times as the applicant and chief of police may agree.

C. If, upon the hearing, the chief of police determines that the exclusion or ejection should not apply to the applicant, all card rooms licensed by the city shall be notified in writing of such determination. If the determination is that the exclusion or ejection was proper, the chief of police shall inform the applicant and card room of that determination in writing. Such determination shall be subject to appeal to the city council of the city in accordance with the appeal procedures set forth in Chapter 1.44 BMC.

D. No card room which excludes any individual based upon this chapter shall be subject to civil liability if such ejection or exclusion was based upon a reasonable and good faith belief that this chapter applied to the individual in question. (Ord. 07-30 § 4; Ord. 99-13).

5.08.240 Licensee responsible for violations.

The licensee of any card room shall be responsible for all violations of the laws of the state of California or of the ordinances and regulations of the city which he or she knowingly or recklessly or without all due care permits to occur within said card room, whether or not said violations occur within his or her presence.

5.08.250 Violation of state and city laws.

No licensee, agent or employee of any card room licensed pursuant to this chapter shall knowingly engage in or knowingly permit any other person on such premises to engage in any act in violation of the laws of the state of California or of the ordinances and regulations of the city.

5.08.260 Gamblers Anonymous information.

All card rooms shall make available and post in a visible location on the premises the telephone number of Gamblers Anonymous.

5.08.270 Posting operating regulations.

A set of operating regulations in a form approved by the chief of police and containing the provisions of BMC 5.08.110 shall be prominently posted in at least one conspicuous location within every card room, as determined by the chief of police.

5.08.280 Inspection of card rooms for enforcement.

All premises operating pursuant to the terms of this chapter may be inspected for violations of this chapter at any time during normal business hours by the chief of police of the city or his duly authorized representative. Any evidence of any violation of the terms of this chapter may be seized without warrant; provided, that such evidence shall be specifically identified and a receipt therefor shall be given to the owner of such evidence and to the licensee of such premises or his or her agent.

5.08.290 Formal bookkeeping system.

All card room owners shall maintain a formal bookkeeping system that conforms to generally accepted accounting practices. Receipts from each operating card table shall be collected not less often than once every 24 hours. Such receipts shall be recorded on a voucher by a manager, verified by the table operator and signed by both such employees. These vouchers shall be time and date stamped and retained with the card room’s other financial records.

5.08.300 Notice.

Any written notice required to be given by this chapter shall be served on the applicant, licensee or permittee at the address stated on the application, license or permit, as the case may be, either personally or by first class mail and certified mail. Notice shall be deemed given upon receipt of notice when personally served or two days after deposit in the U.S. mail. (Ord. 99-13; Ord. 97-8; Ord. 72-6 § 1, 1972; prior code § 5-232)²

Prior legislation: Prior code §§ 5-201 – 5-233.

For statutory provisions on gaming generally, see Penal Code § 330 et seq.