Chapter 5.35
CARD ROOMS
Sections:
5.35.030 Employee work permits.
5.35.010 Licensing.
(a) Purpose and intent. The City Council finds that there are an increasing number of requests for the operation of card rooms in the city and finds that, if not regulated and controlled by reasonable licensing procedures, card rooms may: (1) be owned, operated, and maintained by persons who are not of good moral character and reputation; (2) be unsafe places for persons to congregate; (3) increase in number and downgrade a neighborhood; and (4) operate in a manner contrary to the best interests of the public health, safety, and welfare by allowing substantial debts to be incurred by patrons of such establishments. The City Council determines that the public health, safety, and welfare require the establishment of regulations: (1) as to the persons who will own and operate card rooms; (2) for the number of card rooms in the city; (3) for their location and construction; and (4) for the issuance of permits and licenses, including limitations on transfer and assignment.
(b) Definitions. The following words shall have the meaning set forth herein:
Applicant. A living person who applies for either: (1) a license to operate a card room, or (2) a work permit to be employed in a card room. An applicant for a license to operate a card room shall also include, for purposes of subsection (d), all persons holding or having a financial interest in the card room.
Application. The form submitted by the owner, operator, or employee and which, when completed by the applicant, contains information requested by the city upon which the City Council or Chief of Police may base their approval or disapproval of such application.
Card game. Any game played with cards for money or other thing of value, or for checks, credit, or other representative of value, including draw poker, low ball poker, and panguingue, but excepting bridge and whist, and further excepting any card game the playing of which is forbidden by the laws of the state.
Card room. Any structure, portion of a structure, room, enclosure, or space furnished with a table or tables used or intended to be used as a card table for the playing of cards and similar games as allowed by law, the use of such table being available to the public or any portion of the public.
Day. A working day (from 8:00 a.m. to 5:00 p.m.) during which the city’s administrative departments are open and available to the general public.
Employee. Any person employed by a licensee, with or without compensation, in a card room who either participates as a dealer in a card game or is in charge of the operation and supervision of card tables, or is a shill or an agent of the licensee. The term “employee” does not include a bartender, culinary worker, or any other person not directly connected with the card room operation.
License. A permit granted by the City Council to an applicant to operate a card room in the city.
Licensee. A person who owns or has a financial interest in or operates a card room in the city.
Premises. 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.
Shill. An employee or any other person who participates in a card game at the request of the licensee, his agents, or employees, and who is so participating with or without compensation of any kind merely for the purpose of inducing customers to play or to fill out a table.
Work permit. An annual permit granted to an employee or agent of the licensee of a card room by the Chief of Police.
(c) License required. It shall be unlawful for any person to establish, maintain, or operate any card room, or permit or suffer any card room to be established, maintained, or operated on premises owned, occupied, or controlled by him, unless such card room is maintained and operated pursuant to a valid card room license issued pursuant to the provisions of this article.
(d) Application for license. An applicant for a card room license shall submit his application, under oath, to the Chief of Police of the city. The application shall include:
(1) The true names and addresses of the applicant and all persons financially interested in the business, including lenders. Persons financially interested shall include all persons who have a right to share in the profits of the business in any form;
(2) The criminal record, if any, of the applicant and all persons holding a financial interest, including lenders;
(3) Fingerprints and photographs of the applicant and all persons financially interested in the business;
(4) The address and complete floor diagram of the premises to be licensed, showing exits, dimensions, lavatories, utilities, and a delineation of the specific portion of the premises within which the card room will be operated. No license shall be deemed issued for any premises if the application fails to show the portion of the premises to be used for card room purposes or for which the application fails to specifically request a license;
(5) A statement whether the applicant ever has previously applied for and/or received a license or permit to operate a card room as an owner, operator, licensee, or employee in this state or any other state; whether said license or permit was granted, denied, or subsequently revoked; and the circumstances of the denial or revocation;
(6) The name and address of any and all card room establishments where the applicant received or was granted a license or permit to operate as an owner, operator, licensee, or employee;
(7) The maximum number of card tables proposed to be maintained within the card room;
(8) The specific types of card games proposed to be played within the card room;
(9) The true and complete name and address of the owner or owners of the premises within which the card room is proposed to be maintained;
(10) A full and complete financial statement of the applicant and all persons who share in the profits of the business in any form. The financial statement required by this subsection shall be a confidential document and shall not be open to public inspection, but shall be available to those city officials having direct jurisdiction over the provisions of this article and to any court of competent jurisdiction where any matter relating thereto may be actually pending;
(11) Such other information as may be required by the Chief of Police in order to enable him to reasonably evaluate applicant’s request for a card room license and whether such request is consistent with the provisions of this Code;
(12) An application for a new card room license shall be accompanied by a nonrefundable fee as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services to cover the costs for investigation of the information contained in the application.
(e) Investigation by Chief of Police. The Chief of Police, upon receipt of a written application for a license containing all of the information required by subsection (d), shall conduct, or cause to be conducted, an investigation to determine whether the requested card room license should be granted or denied in accordance with the provisions of this section. The Chief of Police shall consider any relevant, factual material relating to such application. Within no more than 60 days of receipt of the application, the investigation shall be concluded and the Chief of Police shall recommend to the City Council that the application be approved or shall deny the application pursuant to subsection (f). In making his recommendation for approval or in denying an application, the Chief of Police shall prepare, or cause to be prepared, a written report indicating the basis for the position taken.
(f) Chief of Police action on application.
(1) Approval. If the Chief of Police recommends approval of the application for a card room license, the Chief’s report shall be submitted to the City Council for consideration at a public hearing set pursuant to subsection (h).
(2) Denial. The Chief of Police shall deny an application for a card room license if any of the following facts exist:
a. That the establishment or operation of a card room at the premises would violate the city’s zoning, fire, building, or other ordinances or regulations, or other applicable laws and regulations;
b. That the applicant, owners, officers, employees, or persons sharing in the profits of the card room have been convicted of crimes involving violence, lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar crimes of moral turpitude, or crimes involving service or entertainment businesses catering to the public;
c. That the applicant has failed to comply with any of the provisions of this Code, or other applicable laws, applicable to the premises, equipment, or operation of the business for which a license is requested;
d. That the applicant, in this state or any other state, has been refused, or had revoked, a card room, gambling, or similar license;
e. That the applicant has knowingly made any false, misleading, or fraudulent statements of material facts in the application, or any other documents required by the city in conjunction therewith.
(g) Appeal. If the Chief of Police denies an application for a card room license, the applicant may appeal to the City Council in accordance with section 2.05.040 of this Code.
(h) City Council action on application.
(1) Upon receipt of a report from the Chief of Police pursuant to subsection (f)(1), the City Council shall set a public hearing on the application and direct the City Clerk to publish, in the newspaper used for official city notices, and to post, or cause to be posted, in a conspicuous place at the street entrance to the premises, a written “CITY OF CONCORD NOTICE OF HEARING ON APPLICATION FOR CARD ROOM LICENSE.” The notice shall state that an application has been made for a card room license on the premises and give notice of the time and place at which the public hearing will be held. The public hearing notice shall be published and posted a minimum of ten days prior to the public hearing.
(2) Following the public hearing, the City Council may grant or deny the application for a card room license. The City Council may deny an application on any of the grounds set forth in subsection (f)(2) and subsection (i).
(i) Denial by City Council; limitation on issuance. The City Council may deny any application for a card room license if, after investigation of the matter, it determines it will be injurious to the health, safety, and morals of the people of the city to operate such a card room on the premises for which the permit is sought. Notwithstanding the foregoing, the total number of licensed card rooms within the city shall not exceed seven.
(j) License fee. The applicant shall pay an annual license fee and a per-table fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services. An annual renewal fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services shall be paid to the city Finance Officer on or before December 31 of each and every year and shall not be subject to proration.
(k) Renewal.
(1) All licenses and permits for card rooms shall be for one year and subject to renewal by the licensee filing with the Chief of Police, before December 1 of each year, a declaration under penalty of perjury whether there has been a change in ownership, any violation of any law or regulation by the licensee related to the licensed premises, any violation of the provisions of this section, and any material change in the ownership or operation of the business. The Chief of Police shall evaluate the renewal application in accordance with the criteria of subsection (f) above, and either approve or deny the renewal request. If the renewal request is approved by the Chief of Police, the licensee shall pay the applicable license fees described in subsection (j). If the renewal request is denied, the applicant may file an appeal in accordance with subsection (g) above, and the City Council shall determine the appeal in accordance with subsection (h) above. A license shall become null and void on January 1 if the appropriate renewal fee(s) have not been paid on or before December 31 of the immediately preceding year.
(2) If, however, a license has been suspended in accordance with subsection (m) and the suspension period extends beyond the renewal period provided herein, the provisions of this subsection shall not be applicable until the termination of said suspension. Within ten days of the termination of the suspension period, the licensee shall submit to the Chief of Police the information required by this subsection and pay all applicable fees. If the renewal request is denied and the denial is upheld on appeal, the renewal fees paid by the licensee shall be refunded to the licensee. A license shall become null and void if the required license fees have not been paid.
(l) Time to commence operation. An applicant who has received approval for a card room license and paid all appropriate fees, as provided for in this section, must commence operation of the card room within 30 days following issuance of the license.
(m) Suspension or revocation of license.
(1) By city. After notice to a licensee and the holding of a hearing, as provided in subsections 2.05.050(4) and (5) and section 2.05.070 of this Code, the Council may suspend or revoke a card room license on the grounds that the licensee has violated the provisions of this section, there has been a material change in any of the facts in the licensee’s application, or there have been any violations of section 5.35.020.
(2) Voluntary suspension by licensee. A licensee may voluntarily suspend the operation of his card room license by providing written notice, by certified mail, to the Chief of Police of such suspension and its anticipated duration. Any voluntary suspension shall commence no sooner than ten days after receipt of the notice by the Chief of Police and shall not end until ten days after receipt by the Chief of Police of written notice, by certified mail, of the termination of the voluntary suspension. However, no voluntary suspension may last longer than 18 months, otherwise the licensee shall be deemed to have forfeited his license. A minimum period of six months must elapse between any voluntary suspension of a card room license, during which time the card room shall be in operation. A licensee may voluntarily suspend its license following a suspension imposed by the city.
(n) Transfer. No card room license shall be assignable or transferable, unless approved by the City Council. Application for assignment or transfer of a license containing the same information as set forth in subsection (d) herein shall be submitted to the Chief of Police, together with a fee as established in the Resolution Establishing Fees and Charges for Various Municipal Services. The Chief of Police shall cause an investigation to be performed, as provided in subsection (e) herein, and provide a written report of the results of said investigation. The City Council’s action on the application shall be governed by the provisions of subsection (h) herein.
(o) Ineligibility for license. No license shall be issued to or acquired by a corporation, executor, administrator, trustee, conservator, or guardian.
(p) State law violations. This section shall not be construed to permit the licensing of any card room for the playing of any game prohibited by the laws of the state.
(Code 1965, § 4132; Code 2002, § 6-121. Ord. No. 502; Ord. No. 1106; Ord. No. 1154; Ord. No. 1210; Ord. No. 1189)
5.35.020 Regulations.
(a) Definitions. The definitions set forth in section 5.35.010 shall govern the meaning of the terms used in this section.
(b) Regulations. It shall be unlawful for any persons to maintain a card room in violation of any of the following regulations:
(1) Not more than one card room shall be located at one address;
(2) No licensee, or employee of such licensee, shall loan money or permit money to be loaned, with or without security, nor accept promissory notes, “chits,” or “IOUs,” nor offer to or cash checks within the card room. Nothing herein shall prohibit the cashing of bona fide current dated checks elsewhere on the licensed premises;
(3) Not more than two tables shall be permitted in any card room;
(4) Not more than seven players will be permitted at one card table;
(5) Card rooms shall be located on the ground floor and so arranged that card tables are plainly visible from the outside door opening;
(6) No person under the age of 21 years shall be permitted at any card table, participate in any game, or remain in a card room at any time;
(7) Each licensee shall be responsible for establishing the days and hours of operation for its card room and shall be in operation on the days and hours so designated. Written notification of the days and hours of operation of each card room shall be provided by the licensee to the Chief of Police at the time of submittal of an application for a license in accordance with section 5.35.010(d) or upon submittal of a request for renewal of a card room license in accordance with section 5.35.010(k). The designated days and hours of operation shall be applicable when the license (or the renewal) becomes effective. Once established, the days and hours of operation of a card room cannot be changed, except as indicated above, for renewal of a license or on July 1 of each year if written notice of any change is provided by the licensee to the Chief of Police at least ten days prior to July 1;
(8) Card rooms shall be open to police inspection during all hours that such card rooms are open for business;
(9) Only table stakes shall be permitted;
(10) Each card room shall have assigned to it a person holding a valid card room work permit. This person shall supervise the operation of the game strictly in accordance with the laws of the state and the provisions of this section;
(11) It shall be unlawful for any employee, licensee, manager, operator, or any other person employed by or sharing in the profits in any licensed card room to be physically present at any time upon said premises without displaying an identification card issued by the Chief of Police. Said identification card shall be prominently displayed on the outermost garment at approximately chest height, and said identification card shall at all times be readable, legible, and in good condition. No employee shall be allowed to commence work or remain upon said licensed premises who does not possess and display an identification card;
(12) It shall be unlawful for any employee, licensee, manager, operator, owner, or person in control of, or person who appears to be in control of, any licensed premises to hire, employ, engage, or persuade any person to play as a shill upon or within the premises. It shall be unlawful for any person to perform any function as a shill within a licensed card room in the city. Notwithstanding the provisions of this subsection, not more than one owner may play in a game provided he is identified as required by subsection (b)(11) above;
(13) It shall be unlawful for any employee, licensee, manager, operator, or owner, or any person in control of any licensed card room, to operate, maintain, or purport to maintain any house bank, or any system similar thereto, whereby a card player, or any other person, may deposit, draw, or maintain any account or credit of money, chips, or other items of value;
(14) It shall be unlawful for any person to play, or allow or permit to be played, in any licensed card room any game not specifically authorized on the license issued pursuant to the application which was filed, or any variation of the game of draw poker wherein five cards are not originally dealt to each player, or wherein each player shall draw any greater or lesser number of cards than the number of cards originally discarded prior to the draw, or in any game played in violation of any rule or regulation adopted by the City Council regulating any game permitted under the provisions of this section;
(15) No intoxicated person shall be permitted in a card room;
(16) The licensee shall post in the area of the premises designated for use as a card room, in letters plainly visible throughout the card room, signs setting forth any or all of these regulations as the Chief of Police may require;
(17) The card room license and individual work permits shall be posted and plainly visible to the players in the area of the premises designated for use as a card room;
(18) No licensee, or employee of such licensee, shall offer, or give, or permit to be offered or given, any bonuses, alcoholic beverages, or other gifts or incentives to encourage play;
(19) It shall be unlawful for any licensee to lease the operation of a card room licensed under the provisions of section 5.35.010;
(20) The licensee shall be responsible for all violations of state law or the provisions of this section occurring within the premises, regardless of whether or not said violations occurred within the presence of said licensee.
(Code 1965, § 4133; Code 2002, § 6-122. Ord. No. 502; Ord. No. 1106; Ord. No. 1154; Ord. No. 1210)
5.35.030 Employee work permits.
(a) Definitions. The definitions set forth in section 5.35.010 shall govern the meaning of the terms used in this section.
(b) Permit required. It shall be unlawful for any person to work as a card room employee without first having obtained a work permit from the Chief of Police. It shall be unlawful for any licensee to employ any person as a card room employee who does not possess a valid work permit.
(c) Permit expiration and renewal. Work permits shall expire on December 31 of each year. Prior to the expiration of such work permit, the applicant shall submit a renewal application for a work permit, together with a fee in an amount established by the Resolution Establishing Fees and Charges for Various Municipal Services. The renewal application shall contain a declaration under penalty of perjury that there has been no violation of the provisions of this section and no material change in the information identified in subsection (c) [(d)] herein; however, if there has been any violation or material change, they shall be described in detail.
(d) Application for permit. An applicant for a card room work permit shall submit an application, under oath, to the Chief of Police. This application shall include:
(1) The criminal record, if any, of the applicant;
(2) Fingerprints and a photograph of the applicant;
(3) Any other information consistent with the provisions of this section that the Chief of Police may deem necessary to determine whether a work permit shall be issued.
The application shall be accompanied by a nonrefundable permit fee in an amount established in the Resolution Establishing Fees and Charges for Various Municipal Services, to cover the expense of conducting an investigation of the applicant.
(e) Action by Chief of Police on application. The Chief of Police may deny the application for a work permit on any one of the following grounds:
(1) That the applicant does not possess good moral character. In making such determination, the Chief of Police shall consider all criminal convictions of such applicant, the reasons therefor, and the actions of such agent or employee subsequent thereto;
(2) That the applicant has intemperate habits or a bad reputation for truth, honesty, and integrity;
(3) That the applicant has been refused, or has had revoked, any license or permit by an agency of government for lack of good moral character;
(4) That the applicant has knowingly made any false, misleading, or fraudulent statement of facts in the application or any other document required by the city in conjunction therewith.
(f) Appeal. If the Chief of Police denies an application for a work permit, the applicant may appeal to the City Council in accordance with section 2.05.040 of this Code.
(g) Suspension or revocation of permit. After notice to a permittee and the holding of a hearing, as provided in subsections 2.05.050(4) and (5) and section 2.05.070 of this Code, the Council may suspend or revoke a work permit on grounds that the permittee has violated the provisions of this section, there has been a material change in any of the facts in the permittee’s application, or the permittee has violated any applicable provisions of section 5.35.020.
(h) Permit nontransferable. No card room work permit shall be assignable or transferable.
(i) Permit is personal. No permit shall be issued to or acquired by an executor, administrator, trustee, conservator, or guardian.
(Code 1965, § 4134; Code 2002, § 6-123. Ord. No. 502; Ord. No. 1106; Ord. No. 1154)