Chapter 4.20 CARDROOMS

The regulatory provisions of EGMC Sections 4.20.020 and 4.20.025 are necessary to ensure that cardrooms are operated reasonably for the protection of the public health, safety, and welfare and to conform to State-mandated requirements set by the Gaming Registration Act found in the Business and Professions Code, commencing with Section 19800, et seq. Although many operators are highly reputable, others are creative in avoiding the letter of the law. Gaming brings with it the elements of enjoyment and entertainment for its patrons but also undesirable elements such as compulsive gambling, cheating, dishonesty, and other possible criminal violations and peace disturbances.

If all licensees were reputable and vigilant, regulatory supervision would be almost perfunctory. Such is the case with many existing licensees. Others, however, require exhaustive monitoring and enforcement. Integrity is a difficult commodity to ascertain in advance of licensure. Thorough screening of applicants prior to licensure is desirable. Pursuant to EGMC Sections 4.10.035 and 4.10.040, the Chief of Police conducts a thorough investigation into the background of applicants and their entities in order to assure that licensure will not set the stage for fraud or deceit. Such investigation is particularly difficult when applicants have no local track record. Accordingly, two (2) years’ residence or two (2) years’ business operation within this City is required before an applicant is eligible to apply for a cardroom license and this requirement is found in EGMC Section 4.20.020. A two (2) year period for the observation of an individual’s or business entity’s ethical practices or lack thereof is a more realistic period of time for such assessment as opposed to a one (1) year residency requirement.

EGMC Section 4.20.025 would limit the number of cardroom licenses issued to one (1) for each seventy-five thousand (75,000) residents of the City, thus limiting the expansion of gambling within this community to a level where such gambling will be a source of local entertainment and recreation for local citizens while preventing this community and City from becoming a mecca for professional gamblers and gamblers from other jurisdictions. A “casino”-type atmosphere where gambling becomes the major industry or attraction of a community or mecca for gamblers from all jurisdictions is detrimental to the development of this community as such increased and unrestrained gambling creates greater law enforcement problems, compromising the ability of law enforcement to totally control the criminal and peace disturbance effects thereof. Limiting the number of licenses and cardrooms to one (1) for each seventy-five thousand (75,000) residents assists in the accomplishment of these goals as opposed to permitting a greater number of licenses with a limitless number of cardrooms that may be operated per license.

The two (2) year residency requirement and the restriction in the number of cardroom licenses available would allow City energies to be more efficiently allocated. Pre-license screening would be supplemented with the objective track record of each applicant. The number of cardrooms would remain at a manageable level for the Chief of Police without creating a monopoly for existing cardrooms. The volume of unstable or illegally run cardroom operations would be more effectively curtailed.

Accordingly, the City Council finds that a two (2) year residence or operation prerequisite for a special business license and a limitation of one (1) cardroom per seventy-five thousand (75,000) residents of the City will eliminate many of the above-mentioned problems without undue burden on stable and reputable cardrooms. The purpose therefore of EGMC Sections 4.20.020 and 4.20.025 is to protect the health, safety, and welfare of the citizens within the City, to assure that City expenditure is efficiently allocated, and to provide legitimate cardrooms where citizens of this City can safely enjoy the entertainment provided by reputable cardrooms. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.005 Definition – “Cardroom.”

As used in this chapter, the term “cardroom” means any place where gaming is conducted and to which the public is invited to participate. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.010 Definition – “Gaming” or “gambling.”

A. As used in this chapter, the term “gaming” or “gambling” means any game of chance played with cards, dice, or any device for currency, money, check, credit, or other thing of value which is not prohibited and made unlawful by Chapter 9 (commencing with Section 319) of the Penal Code or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code or by this chapter.

B. “Gaming” or “gambling,” for purposes of this chapter, does not mean the following:

1. The game of bingo conducted pursuant to and regulated by EGMC Chapters 4.21, 4.22 and 4.23;

2. Any lottery game conducted and regulated by the California State Lottery;

3. Parimutuel wagering on horse races regulated by the California Horse Racing Board;

4. Games played with cards in private homes or residences in which no person makes money for operating the game, except as a player. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.015 License required.

No person shall operate or conduct a cardroom in the City unless under and by authority of a valid, unexpired, and unrevoked special business license authorizing a cardroom issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.020 Qualifications – Use.

A. If the applicant for a special business license to operate a cardroom is a sole proprietor, the proprietor shall have been a resident of the City for at least two (2) years immediately preceding the filing of an application for the license and shall have met the requirements set by the State Department of Justice pursuant to the Gaming Registration Act (commencing with Section 19800, et seq., of the Business and Professions Code) prior to filing the application for the license. If the applicant is a partnership, corporation, or other business entity owned by more than one (1) individual, the business entity shall have engaged in a business within the City continuously for at least two (2) years immediately preceding the filing of the application and shall have met the requirements set by the State Department of Justice pursuant to the Gaming Registration Act (commencing with Section 19800, et seq., of the Business and Professions Code) prior to filing an application for a license.

B. The special business license issued pursuant to this chapter shall be placed in use at the designated location no later than ninety (90) days following the issuance thereof and the special business license shall remain in use thereafter for the term of the license. Failure to place such license in use at the designated location within the ninety (90) day period provided herein, or to maintain the license in use during the term of the license, shall be grounds for revocation of the license by the Chief of Police. For purposes of this subsection, “in use” shall mean that at the location designated in the license the business of a cardroom shall be in operation and that games as provided in EGMC Section 4.20.095 shall be conducted therein.

For purposes of revocation under this subsection, temporary closure of the cardroom for necessary remodeling, rebuilding, repair, improvements, or other necessary and reasonable activity required to operate or improve the operation of the cardroom when such activities are undertaken by the licensee in a good faith effort to complete the activity within a reasonable period of time shall not be grounds for revocation.

The licensee shall cooperate with the Chief of Police by providing him or her the necessary information and documentation upon demand by the Chief of Police in order to allow a determination of whether the licensee comes under the provisions of this subsection requiring revocation of the license. Failure of the licensee to cooperate with the Chief of Police pursuant to the provision of this subsection shall be grounds for the revocation of the special business license to operate the cardroom. The procedure for notice of revocation, revocation, and appeal of revocation shall be the same as is provided in EGMC Chapter 4.10 for the revocation of special business licenses. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.025 Number of licenses limited.

A. The number of licenses issued shall be limited to one (1) for each seventy-five thousand (75,000) residents, or fraction thereof, 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 of California.

B. In the event there are more applications for special business licenses to operate cardrooms than the limitation in subsection (A) of this section allows, the qualified applicant or applicants to whom a license is issued shall be selected by the Chief of Police in the order the applications were filed with the City Manager. Once all available number of licenses are issued, no applications will be accepted or considered until such time as an additional license becomes available. When the additional license becomes available, applications will then be taken and will be considered as provided herein upon the timely filing of a new application therefor. For purposes of this subsection, the unrevoked, valid, and unexpired license of a cardroom licensee who has filed a timely application for renewal of the license is not considered an additional license available for issuance until the license renewal application has been denied and the appeal thereof, if any, has become final.

C. Notwithstanding the provisions of EGMC Section 4.10.010, a licensee shall operate no more than one (1) cardroom in the City and shall hold no more than one (1) special business license issued pursuant to this chapter to operate that cardroom; and no more than one (1) cardroom shall be located within a single structure or at a single location. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.030 Employee permits.

A. No person shall work in a cardroom as a manager or cardroom dealer, and no person who holds a special business license authorizing operation of a cardroom shall employ any person as a cardroom manager or cardroom dealer unless such person possesses a valid employee permit issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

B. Notwithstanding the provisions of EGMC Section 4.10.095, an employee permit as a cardroom manager or cardroom dealer shall authorize the permittee to operate as a cardroom manager or cardroom dealer in any cardroom possessing an unrevoked, unexpired, and valid special business license issued pursuant to this chapter authorizing the operation of such cardroom within the City. Notwithstanding the provisions of EGMC Section 4.10.095, the employee permit shall not include the name and address of the cardroom for which the employee permit is issued as the employee permit authorizes the permittee to operate within any cardroom as indicated above.

C. Upon demand by the Chief of Police, the cardroom shall provide the Chief of Police with the full names and the residence addresses of persons operating as cardroom managers or cardroom dealers in the cardroom. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.035 Application for permits.

In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit to serve as a cardroom manager or cardroom dealer shall contain a list of each criminal conviction of the applicant, pleas of guilty, or pleas of nolo contendere. The list shall, for each such conviction or plea, set forth the date of arrest, the offense charged, and the offense of which the applicant was convicted. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.040 Issuance of permit.

Upon receipt of an application for an employee permit to serve as a cardroom manager or cardroom dealer, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as he or she deems necessary. The Chief of Police shall issue the permit unless he or she finds pursuant to EGMC Section 4.10.090 any of the following:

A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.20.035, or is otherwise incomplete;

B. That information contained in the application is false or otherwise inaccurate;

C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would perform his or her duties as a cardroom manager or dealer in an unlawful manner or in a manner which subjects patrons of the cardroom to risk of harm or criminal, deceitful or otherwise unethical practices.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01, et seq., of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 4852.05 of the California Penal Code;

D. That the applicant has violated or is in noncompliance with any of the provisions and requirements of this chapter or other applicable law or administrative rule or regulation;

E. That the applicant is disqualified from holding a State gambling license for any of the reasons specified in the Gambling Control Act, Sections 19850 and 19914 of the Business and Professions Code; or

F. That the State of California objects to the issuance of the permit pursuant to the Gambling Control Act, Sections 19850 and 19912 of the Business and Professions Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.045 Suspension and revocation of permits.

A. An employee permit may be revoked or suspended pursuant to EGMC Section 4.10.140 upon any of the following grounds:

1. Violation of any of the duties, requirements or prohibitions set forth in any administrative regulations issued pursuant to this chapter, EGMC Chapter 4.02 or 4.10;

2. Misrepresentation of a material fact contained in the application for the permit;

3. The Chief of Police has acquired information supporting a finding prescribed by EGMC Section 4.20.040(C) in relation to the holder of the permit; or

4. The holder of the permit has violated any term, condition or requirement or prohibition established by this chapter which is applicable to the holder of the permit.

B. An employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to EGMC Section 4.10.145, as applicable. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.050 Bond.

Before issuing a special business license under the provisions of this chapter, the City Council shall require the applicant, as a condition to the issuance of the special business license, to post with the City a cash bond in the sum of Two Thousand and no/100ths ($2,000.00) Dollars or a surety bond in the same amount furnished by a corporate surety authorized to do business in the State payable to the City. The bond shall guarantee that the licensee shall redeem all chips for cash, and the bond shall be kept in full force and effect by the licensee throughout the term of the license.

The provisions of this section shall not be applicable to card games played or held by fraternal and veterans organizations, benefit associations, churches and other nonprofit organizations operating the games for charitable purposes for participation by their members or bona fide guests. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.055 Responsibility of licensee.

The holder of a special business license issued pursuant to this chapter and EGMC Chapter 4.10 shall be financially and otherwise responsible for the operation of the cardroom and for the conduct of any manager or other employee connected with the operation of the cardroom. All employees of the cardroom shall be identified by a name tag measuring no smaller than one inch by three (1" x 3") inches and the tag shall be worn in plain view on the upper body of the employee. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.060 Records and audit.

A. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with the operation, conduct, promotion, suspension, and any other phase of the cardroom enterprise and card games which are authorized by this chapter. The records shall be of such types and maintained in such manner as may be prescribed by the Chief of Police. Upon demand, the Chief of Police or any other authorized representative of the City shall have the right to examine and audit such records at any reasonable time and the license holder shall fully cooperate by making such records available.

B. The records described in subsection (A) of this section shall be subject to disclosure only pursuant to any suspension, revocation, or other proceedings conducted under this chapter, EGMC Chapter 4.02 or 4.10; any civil or criminal investigation conducted by the Chief of Police, the District Attorney, the Grand Jury or the City Attorney. For all other purposes, the records shall be kept confidential by the Chief of Police, as custodian of those records. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.065 Temporary suspension.

The Chief of Police shall have the authority to temporarily suspend the special business license and to order the licensee to immediately cease and desist any further operation of the cardroom pending expiration of the time for appeal or exhaustion of an appeal pursuant to the provisions of EGMC Chapter 1.11 if the Chief of Police finds that such temporary suspension is necessary in order to protect against a serious and immediate threat to the health or safety of the public caused by exercise of the license and one (1) of the following occurs:

A. The licensee is operating the cardroom in a manner which is a serious and immediate threat to the health or safety of the public;

B. The licensee is in violation of any of the provisions of this chapter, EGMC Chapter 4.02, 4.06 or 4.10, administrative regulations adopted pursuant to those chapters, the Penal Code of the State of California, or any applicable law, rule or regulation; or

C. The Chief of Police makes a finding pursuant to EGMC Section 4.10.040(A)(3) and that by reason of the crime or act the patrons of the cardroom and the public are subject to the immediate risk of harm or criminal, deceitful or otherwise unethical practices. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.070 Temporary suspension – Notice of suspension and appeal.

A. The temporary suspension shall be effective no sooner than twenty-four (24) hours following the time and date of delivery of the notice thereof as provided in EGMC Section 4.10.145. The procedures for notice, for service of such notice, and for response by the licensee prior to the commencement of the temporary suspension shall be as prescribed in EGMC Section 4.10.145.

B. The appeal by the holder of a special business license of the revocation or suspension of its license pursuant to EGMC Section 4.10.135, whose license has been temporarily suspended, shall be as provided in EGMC Section 4.10.150. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.075 Conducting a cardroom or operating as a cardroom manager or dealer after temporary suspension.

It shall be unlawful for the holder of a special business license to operate a cardroom after temporary suspension of the special business license pursuant to EGMC Sections 4.20.065 and 4.20.070, and it shall be unlawful for the holder of a cardroom employee permit to operate as a cardroom manager or dealer in a cardroom after temporary suspension pursuant to EGMC Sections 4.20.045 and 4.10.145 and such violation shall be punishable as a misdemeanor. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.085 Table operation fee.

A. In addition to any application or renewal license fees imposed by the City pursuant to EGMC Chapters 4.06 and 4.10 upon the business of a cardroom, such cardroom shall be charged a quarterly table operation fee for each card table operated by the licensee or to be operated by the applicant. The amount of this quarterly fee shall be as prescribed from time to time by resolution of the City Council and shall be based upon the cost to the City of enforcement and administration of this chapter as provided by EGMC Section 4.02.060.

Exempted from this quarterly fee are additional tables used for promotional or tournament play except that pursuant to EGMC Section 4.20.100(A) the total number of regular tables and promotional or tournament tables in use shall not exceed seven (7) tables. Such promotional or tournament play and the use of such additional tables for such promotions and tournaments shall not exceed four (4) days in any calendar month. The Chief of Police shall be notified seven (7) days in advance of the promotional or tournament events and shall be notified of the duration and dates of such events.

B. The quarterly table operation fee shall be paid quarterly by the applicant or licensee to the City Manager. The first (1st) quarterly fee shall be due at the filing of the initial application for a special business license to conduct a cardroom. Thereafter, the quarterly due dates for payment of the quarterly table operation fee shall be on January 1st, April 1st, June 1st, and September 1st; except, if any of these days falls on a Sunday or a City holiday, the quarterly due date for payment shall be the day after such Sunday or City holiday. The quarterly table operation fee shall be delinquent if not received or postmarked on or before the quarterly due date for payment as such quarterly due date is defined above. Prior to the beginning of each quarter, the licensee shall notify the Chief of Police as to the number of tables to be operated for that new quarter and shall pay to the City Manager the table operation fee accordingly. In the event that the licensee reduces the number of tables in operation during a quarter, the City shall not rebate any of the previously paid table operation fee for that quarter. In the event that the licensee desires to increase the number of tables in operation during a quarter, the licensee shall pay to the City Manager the appropriate table operation fee for that entire quarter regardless of when the additional table(s) are added.

C. On the denial by the Chief of Police of an application or a renewal of a special business license to conduct a cardroom, the quarterly table operation fee paid by the applicant or licensee at the time of filing the initial application or the renewal shall be rebated to the applicant or licensee by the City Manager. The rebate shall not be made by the City Manager until the appeal period on the denial has elapsed or, if an appeal is filed, until a final decision upholding the denial has been made and the appeal has become final in the administrative or judicial process, whichever is applicable.

If the applicant’s or licensee’s appeal of the denial is granted, the applicant or licensee shall owe and pay the appropriate table operation fee to the City Manager prior to the issuance of the special business license. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.090 Hours of operation.

A. Except as otherwise provided hereinafter in subsection (B) of this section, the licensee may operate a cardroom twenty-four (24) hours a day and seven (7) days a week.

B. Applicants for a cardroom license to operate a cardroom after the effective date of the ordinance codified in this title shall be required to secure a use permit as approved by the appropriate authority in accordance with the requirements of the Zoning Code of the City of Elk Grove. Operation of the cardroom shall thereafter be in accordance with the hours set by the use permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.095 Games permitted.

A. The only gambling permitted in a cardroom in the City is draw poker, lowball, panguingue, hold’em, and seven card stud. The permitted games shall be played only in the following manner:

1. “Draw poker” and “lowball” are played with a standard fifty-two (52) card deck, with joker options. Each player is dealt five (5) cards face down, prior to any betting. After receiving their cards, players determine whether to stop playing that hand (fold) or to place their bets. Following the first round of betting, players have the option of keeping their originally dealt cards or discarding nondesired cards and replacing them with a like number of cards drawn from the deck (the “draw”). Following the “draw,” there is a second (2nd) round of betting. The goal in “draw poker” is to garner the betting pool or common pot with the highest ranking poker hand. The goal in “lowball” is to garner the betting pool or common pot with the lowest ranking poker hand. Acceptable variations of “draw poker” include the dealing of seven (7) cards instead of five (5) and the splitting of the pot between the player holding the highest ranking hand and the player holding the lowest ranking hand.

2. “Panguingue” is played with six (6) to twelve (12) decks of cards with the eights, nines, 10s, and jokers removed. Each player is dealt ten (10) cards and the purpose of the game is to meld sets and sequences of cards with certain cards having special values. Each player, in turn, draws either a card from the top of the remaining deck or from the top of an adjacent discard pile. This sequence of play continues until one (1) player goes out with a total meld of eleven (11) cards, including the card just drawn.

3. “Hold’em” is played with one (1) standard deck of cards. Each player is dealt a predetermined number of “hole” cards face down. After the initial deal, there is a round of betting. Then three (3) “community” cards are dealt face up in the center of the table. There is another round of betting. A fourth (4th) card is dealt face up in the center of the table. There is a third (3rd) round of betting. Then a fifth (5th) card is dealt face up in the center of the table. There is a final round of betting. Players use any of the five “community” cards and a predetermined minimum number of their “hole” cards to make the best five (5) card poker hand. Acceptable variations of “hold’em” include the low and high/low versions.

4. “Seven card stud” is played with one (1) standard deck of cards. Each player is dealt two (2) cards face down and one (1) card face up. There is a round of betting. Players are dealt one (1) up card followed by a round of betting. Players are again dealt one (1) up card followed by a third (3rd) round of betting. Those players electing to remain in the game are dealt another up card followed by a fourth (4th) round of betting. Finally, the remaining players are dealt one (1) down card for a total of seven (7) cards – three (3) down and four (4) up. A fifth (5th) and final round of betting occurs. Each remaining player selects five (5) of his seven (7) cards to form the best five (5) card hand. Acceptable variations of “seven card stud” include the low and high/low versions.

B. Written rules for each card game offered by a cardroom pursuant to subsection (A) of this section shall be provided to any patron upon request. The licensee shall file with the Chief of Police a written copy of the rules to each card game played in the cardroom. Any deviation or change in the rules of any card game or any new card game from that on file with the Chief of Police shall require the approval of the Chief of Police prior to offering the card game to patrons. The Chief of Police shall review the new card game or any deviation or change in the rules and shall within ninety (90) days approve the game, provided it conforms with the requirements of subsection (A) of this section and this chapter; and, if the game is patented, the licensee shall obtain written permission from the patent owner prior to offering the game to patrons and prior to acquiring the approval of the Chief of Police to conduct the game.

C. Except as provided in subsection (A) of this section, all other gaming (including, but not limited to, gaming played with cards, dice, or any device for money) not otherwise prohibited by the California Penal Code is prohibited. Nothing herein contained in this chapter shall be construed to permit the licensing of any gambling declared illegal by the Penal Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.100 Equipment – Separation.

A. No cardroom shall maintain more than seven (7) card tables. Chairs shall be provided for all card players. No more than twelve (12) players shall be permitted to play at any time at any one (1) table. Authorized games shall not utilize dominoes, tiles, dice, spinning wheels, electronic player-controlled machines or any other device other than the standard decks of playing cards traditionally used for playing such games, poker chips, and the optional dealer shoes.

B. Each licensed cardroom shall be maintained separate and apart from any other room or business operated in the building, but may be connected by a door. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.105 Minors prohibited.

No person under the age of twenty-one (21) years shall be permitted to frequent a cardroom or to engage in any card game conducted therein. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.110 Bets limited – Notice.

No player shall be permitted to wager or raise a wager more than Forty and no/100ths ($40.00) Dollars. Other than seated players actively participating in the game, no person shall be permitted to place a wager on any card game, and a player shall only place a wager on his or her own card hand. Back-line betting or side betting is prohibited. No player shall be permitted to bet with cash money, markers, or anything other than poker chips. Notice of all the provisions and restrictions provided in this section shall be posted in a conspicuous place in the cardroom. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.115 Notice of table rent.

The licensee shall post in a conspicuous place in the cardroom notice of the amount of table rent to be charged for each table and notice of the total number of tables permitted to be in operation during the particular quarter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.120 Credit prohibited.

No cardroom shall extend credit to any patron in order for the patron to participate in a card game. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.125 Display of licenses and permits.

A copy of the special business license applicable to the cardroom premises and the employee permit of any person employed as a manager or dealer shall be posted and exhibited while in force in some conspicuous place on the cardroom premises. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.130 Protection of patrons.

A. Whenever it appears to the Chief of Police that security personnel are necessary to protect the health and safety of the public, the Chief of Police shall have the authority to require that a cardroom provide uniformed security personnel on the premises and the parking lot used by the cardroom for its patrons and employees. The Chief of Police shall determine the necessity for the requirement for security personnel based on the propensity for peace disturbances or criminal activity in the geographic area in which the cardroom is located, based upon criminal activity or peace disturbances on cardroom premises, based upon the particular time of day, or any other factors which affect the health and safety of the public and cardroom patrons. The Chief of Police shall notify the licensee, in writing, as to time periods, days of the week during which security is required, the number of security officers, and the location where such officers are to be provided (whether in the parking lot or on the premises). Upon receiving the written notice of security requirements, the licensee shall conform to those requirements within forty-eight (48) hours of service thereof and shall maintain those requirements in full force and effect until such time as the Chief of Police deems they are no longer necessary.

B. Between the hours of 2:00 a.m. and 6:00 a.m., the licensee shall not knowingly permit the consumption of alcoholic beverages on the premises or in the parking lot which the cardroom uses for its patrons.

C. The licensee shall not knowingly permit any obviously intoxicated person to participate in any card game.

D. The licensee shall not knowingly permit any illegal activity to occur on the premises or in the parking lot used by the cardroom for its patrons or employees. Illegal activity includes, but is not limited to, narcotics violations, bookmaking, illegal gambling, loansharking, receiving stolen property, or prostitution.

E. The licensee shall permit the Chief of Police, the City Manager, the Chief of the Cosumnes Community Services District Fire Department or any other authorized public official to inspect the premises at any time during the hours of operation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.135 Exclusion or ejection from a cardroom.

A. Pursuant to Section 19845 of the Business and Professions Code, the licensee shall be permitted to exclude or eject from the licensee’s cardroom any individual who has engaged in or been convicted of bookmaking, sale of controlled substances, or illegal gambling activities, or whose presence in or about the cardroom would be inimical to the interests of legitimate gaming. The licensee shall not exclude or eject any person on the grounds of any protected class under State law including, but not limited to, race, color, creed or sex. Any individual who is excluded or ejected from any cardroom and who refuses to leave the premises is subject to arrest for trespassing.

B. Pursuant to Section 19844 of the Business and Professions Code, any individual who is excluded or ejected from any cardroom may apply to the Chief of Police for a hearing on the question of whether subsection (A) of this section is applicable. The hearing shall be held within thirty (30) days after filing of the request for hearing with the Chief of Police or at such time as the applicant and Chief of Police may agree. If, upon the hearing, the Chief of Police determines that the rule of exclusion or ejection as provided in subsection (A) of this section does not or should not apply to the applicant, the Chief of Police shall notify all cardrooms licensed by the City pursuant to this chapter of such determination. If the Chief of Police determines that such exclusion or ejection was proper, the Chief of Police shall make an order to that effect which shall be a final administrative order. Such order shall be subject to review by any court of competent jurisdiction in accordance with law.

C. Pursuant to Section 19846 of the Business and Professions Code, notwithstanding any other provision of law, no cardroom which ejects or excludes any individual based upon the provisions of subsection (A) of this section shall be subject to civil liability if such ejection or exclusion was based upon a reasonable and good faith belief that subsection (A) of this section applied to the individual in question. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]

4.20.140 Conflicts.

A. If any section, subdivision, clause, phrase or portion of this chapter conflicts with any section, subdivision, clause, phrase or portion of an express provision of the Zoning Code, or conditions of a use permit of the Zoning Code, or other administrative approvals issued under the Zoning Code, then the Zoning Code, conditions of the use permit under the Zoning Code, or the administrative approvals issued under the Zoning Code shall prevail.

B. If any section, subdivision, clause, phrase or portion of this chapter conflicts with any section, subdivision, clause, phrase or portion of the Gaming Registration Act (commencing with Section 19800, et seq., of the Business and Professions Code) as required by the State of California, then the Gaming Registration Act shall prevail. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 41-2005 §3, eff. 1-14-2006]