It shall be unlawful for any person to maintain, conduct or carry on or assist in maintaining, conducting or carrying on any business, yard, establishment or place in such a manner that dust in large and unusual quantities is accumulated or caused, without sprinkling with oil or water such yard, establishment or place or the place or premises where such business is maintained, conducted or carried on with sufficient frequency and to the sufficient extent to lay and settle such dust and prevent the same from spreading or being blown on the premises of other persons. (Ord. No. 314, § 3)

16.2 Same—Fumes—When unwholesome or injurious.

It shall be unlawful for any person to maintain, conduct or carry on or assist in maintaining, conducting or carrying on any such business, yard, establishment or place in such a manner that gas or fumes, unwholesome and injurious to the health or injurious to the property or offensive to the senses of the inhabitants of the city or any number thereof, are emitted therefrom. (Ord. No. 314, § 3)

16.3 Same—Smoke—Emission of cinders, soot, etc.

It shall be unlawful for any person to maintain, conduct or carry on or assist in maintaining, conducting or carrying on, in the city, any business, yard, establishment or place in such manner that dense or thick black smoke or cinders or soot are emitted therefrom. (Ord. No. 314, § 3)

16.4 Same—Violations declared a nuisance.

Any violation of the two preceding sections is hereby declared to be a nuisance. (Ord. No. 314, § 3)

16.5 Barrooms, saloons and taverns—Regulations for operation; penalty for violation of section.

(a) The following regulations shall govern the conduct and operation of all barrooms, saloons and taverns.

(1) The licensee or proprietor of all such establishments shall obtain an annual permit in January of each year in order to operate within the city. The fee for inspection of the premises and issuance of the permit shall be fixed from time to time by council resolution, a copy of which shall be kept on file at the office of the director of public works.

(2) All such establishments shall conform to all building, health and safety, and fire codes before a permit is issued.

(3) No person, or persons, shall be permitted to live in or reside in a tavern, barroom, saloon, tavern or similar premises.

(4) No licensee, proprietor, or operator of a barroom, saloon, or tavern shall permit any disorderly conduct constituting a breach of the peace or which is detrimental to the public welfare.

If a licensee, proprietor, or operator violates any provision of this section, the city administrator may suspend the permit for the establishment until such time as corrections are made. If there are repeated violations, the city administrator may revoke or refuse to renew such permit, with his action subject to review by the city council.

(b) It shall be unlawful for any licensee to operate without a permit. (Code 1900, § 375; Ord. No. 1005, § 1, 1-7-74; Ord. No. 77-15, § 13, 4-18-77; Ord. No. 80-33, § 1, 11-17-80)

16.6 Reserved.

Editor’s note: Section 16.6 was repealed by Ord. No. 941, § 2, enacted Nov. 15, 1971.

16.6-1 Cardrooms.

The following regulations shall be and are hereby adopted for the conduct and operation of cardrooms.

(a) Definitions.

(1) “Ante” means a stipulated amount put up by all the players that are to be dealt cards.

(2) “Applicant” means any member, stockholder, officer, director, partner, principal, associate, individual, or combination thereof holding any direct or indirect financial interest in a cardroom, or who has the power to exercise influence over the operation of the cardroom, or the agent therefor.

(3) “Banking game” means a game in which there is a fund of money or other valuable consideration controlled by the house or an individual player against which the participant may bet and from which is paid all that is won by a participant with the house or individual player taking all losses.

(4) “Cardroom” means any business establishment wherein legal gambling is conducted.

(4.5) “Division” means the State of California, Department of Justice, Division of Gambling Control and any successor divisions or agents of the State of California that may have responsibility for, and jurisdiction over, gambling control within the state.

(5) “Hand” refers to cards legally belonging to a player during the course of play and all action which transpires between the shuffle and the winning of the pot.

(6) “House” means any owner or manager of any cardroom or their agents, employees, or anyone acting on their behalf whether compensated or not.

(7) “Percentage game” means a game in which the house charges any person or group of persons by collecting money or any other thing of value from any participant based upon the amount of bets made, winnings collected, or the amount of money changing hands.

(8) “Permitted games” shall mean those card games established by resolution of the city council, as may be amended from time to time. The rules of play of said games shall be those rules approved by the chief of police of the City of Gilroy. The chief of police, when reviewing proposed rules of play submitted by a cardroom permittee, may approve, deny or modify the rules.

(9) “Permittee” means a person to whom a cardroom permit has been issued pursuant to this section.

(10) “Posted rules” means written rules and guidelines as to the play of any certain game, conduct, upon the premises, ranking of hands, and other information as may from time to time be conspicuously placed so as to be visible by and for the benefit of persons playing card games within a cardroom. Posted rules and guidelines as to the play of any certain game may be printed and made available upon request to every person playing upon the cardroom premises so long as a notice of the availability of such printed rules and guidelines is conspicuously placed.

(11) “Second party checks” means a negotiable instrument, the holder of the rights of the payee of which transfers those rights by endorsement, assignment, or other form of negotiation, to any permittee, owner, manager or employee or other agent of permittee.

(12) “Wager” means to risk money or a thing of value on an uncertain event with the prospect of obtaining money or a thing of value risked by another person or persons on the occurrence of the event.

(b) Existing Cardrooms. Cardrooms in operation within the city at the time of the adoption or amendment of these regulations may continue in operation under the terms and conditions of its current business license, but shall be subject to all of the regulations herein upon expiration of its license year pursuant to article II of Chapter 13 of this Code.

(c) Permits Required. No person, partnership, corporation, or other entity or organization, shall establish, own, operate, or otherwise maintain a cardroom within the city without first obtaining, and then maintaining in full force and effect, (i) a valid, unexpired, unsuspended and unrevoked business license from the city, (ii) a valid, unexpired, unsuspended and unrevoked cardroom permit from the city, and (iii) a valid, unexpired, unsuspended and unrevoked license from the State of California Department of Justice, Division of Gambling Control pursuant to The Gambling Control Act, California Business and Professions Code section 19800 et seq., as it may be amended from time to time.

(d) Limitation on Number of Permits. At no time shall the city issue more than one (1) cardroom permit.

(e) Application Information Required. Each and every applicant shall apply for a cardroom permit as follows:

(1) Furnish to the police chief a true and correct copy of its completed application for initial registration or application for renewal gaming registration or successor document that has been or will be furnished to the Department of Justice, Division of Gambling Control, in connection with its state registration under The Gambling Control Act, California Business and Professions Code § 19800 et seq., as it may be amended from time to time, and verify under penalty of perjury on forms provided by the city that the application for initial registration or application for renewal gaming registration or successor document submitted to the city is a true and correct copy of the application documents submitted or to be submitted by such applicant to the Department of Justice, Division of Gambling Control;

(2) Provide to the police chief the true and complete name or names, and addresses, of the owner or lessor of the building or structure within which the cardroom is proposed to be maintained if the application for initial registration or application for renewal gaming registration or successor document does not specify same;

(3) Provide to the police chief the true and complete name or names, and addresses, of the applicant if the application for initial registration or application for renewal gaming registration or successor document does not specify same;

(4) Allow the police chief to obtain a set of clearly identifiable fingerprints and a clear, frontally-posed photograph of the applicant all in a form and manner approved by the police chief;

(5) Provide to the police chief a written statement that the applicant understands and agrees that:

a. The police chief, fire chief and any other city official involved in the investigation and evaluation of cardroom permit applications, or their authorized agents, shall conduct such reasonable investigation and inspection of the applicant (including the applicant’s criminal history) and the cardroom premises as may be necessary, in the city official’s determination, to consider and evaluate the applicant’s cardroom permit application and shall have reasonable access to the cardroom premises and the books and records of the applicant in connection with such investigation or inspection;

b. The applicant’s cardroom permit application shall be considered by the city council after a full investigation and evaluation of reports received by the city administrator, police chief, fire chief and any other city official, or their authorized agents, which reports may include information concerning the applicant’s criminal history as may be relevant to the applicant’s cardroom application;

c. Except as the applicant may authorize the release of information held by the city regarding the applicant, the cardroom and all persons associated with that cardroom, all information contained within the application information required pursuant to this section shall be confidential to the extent permitted by law.

d. The sole and exclusive discretion as to the granting or denial of any such permit is vested in the city council; and

e. Any business conducted under any cardroom permit shall be in accordance with all applicable local, state and federal laws, rules or regulations.

(6) Pay to the city the applicable permit application fees, which fees shall be retained by the city for recovery of the costs and expenses incurred by the city in processing or conducting any investigation or inspection relating to the cardroom permit application.

(f) Application Investigation.

(1) Upon receipt of a cardroom permit application, the police chief shall examine the same for compliance with this section. If the application fails to comply with this section or does not contain all of the information required, the police chief shall return the application to the applicant for proper completion thereof.

(2) If the application complies with this section, then the police chief shall, to the extent necessary, conduct an investigation thereof. The police chief shall transmit a copy of the application to the fire chief and other applicable city officials for review and report, which review(s) and report(s) shall then be forwarded to the city administrator within a reasonable period of time. The police chief and his or her authorized agents are hereby authorized to obtain criminal history information for each applicant applying for a cardroom permit for the purpose of determining those who have been arrested or convicted for any crime involving lotteries, illegal gambling, larceny, perjury, bribery, extortion, fraud or other crimes involving moral turpitude or crimes related to a service or entertainment business or crimes involving drugs. The police chief’s review and report on the application, including the applicant’s criminal history information, shall also be forwarded to the city administrator within a reasonable period of time.

(3) Within a reasonable time period, the city administrator shall review the application together with all reviews and reports received and shall:

a. Report to the city council upon whether operation of the proposed cardroom shall be detrimental to crime prevention or to the public health, safety or welfare in the area and shall state its reasons therefor;

b. Recommend issuance or denial of the cardroom permit;

c. Set forth any conditions, limitations and restrictions to which, in the city administrator’s determination, the cardroom permit should be subject and state the reasons therefor;

d. Set forth any other information or recommendation as may be relevant.

(g) Determination on Application.

(1) After receipt of a report on the application from the city administrator, a public hearing on the application shall be held before the city council within fourteen (14) days thereafter. Not later than the eleventh day preceding the date set for hearing, the city clerk shall provide written notice of the hearing by first class mail to the applicant, post, or cause to be posted, in a conspicuous place, and publish, or cause to be published, in a newspaper of general circulation, a written notice which shall:

a. Be entitled in bold letters, “NOTICE OF HEARING ON APPLICATION FOR CARDROOM PERMIT”;

b. State that an application has been made to the city council for a cardroom permit and identify the applicant;

c. Describe the premises for which a cardroom permit is requested;

d. Give notice of the time and place at which the city council will hold a public hearing on the application;

e. Give notice that any person will be given a reasonable opportunity to be heard at the public hearing and, in addition, may file written protests with the city clerk at any time before the conclusion of the public hearing; and

(2) At the time and place set for hearing of an application for a cardroom permit, and/or at such other times and places to which it may continue the hearings, the city council shall consider the application, the reports of the various departments and written protests or objections, and shall give reasonable opportunity to be heard to all persons who which to be heard concerning the granting of the requested permit;

(3) The city council may, in its discretion, either approve the application and grant the permit, with or without conditions or deny the application and refuse to grant the permit;

(4) Any such permit granted by the city council shall be deemed conditioned so as to require compliance with all of the terms, conditions, and provisions of these regulations, as well as all other applicable local, state and federal laws. The permit shall further be conditioned upon the applicant agreeing, unless he surrenders his permit, to hold the city harmless with respect to all damages which the city actually incurs as a result of any grossly negligent behavior or intentional misconduct arising from the operation of the applicant’s cardroom business, and may additionally contain any other conditions the city council may impose as express conditions of approval; and

(5) The decision of the city council to approve any such application and grant the permit applied for therein, or to deny any such application and refuse to grant the permit applied for therein, shall be final and conclusive.

(h) Findings for Approval.

(1) The city council may approve a cardroom permit application unless the council determines that one (1) or more of the following circumstances exists:

a. Operation of the proposed cardroom will aggravate crime problems in the area, or otherwise be detrimental to crime prevention or to the public peace, health, safety or welfare in the area;

b. Operation of the proposed cardroom would violate city’s zoning, fire or building code, or some other applicable local, state or federal law, rule, ordinance, resolution or regulation; and/or

c. That it is inappropriate to issue a cardroom permit to the applicant. In making this determination, the city council may consider:

1. The criminal history of such applicant or the applicant’s employees or agents;

2. Any act of dishonesty, fraud or deceit committed by such applicant or the applicant’s employees or agents;

3. The license and permit history of such applicant;

4. The business and credit history of such applicant;

5. Violations of any law relating to the premises, equipment or operation of the proposed cardroom;

6. Any false statements made by such applicant in the cardroom application;

7. Any other relevant information.

(2) Upon approval or conditional approval of a cardroom permit application by the city council, and written confirmation that the applicant has been registered with the State of California Department of Justice, Bureau of Investigation, Division of Gambling Control pursuant to The Gambling Control Act, California Business and Professions Code § 19800, et seq., as it may be amended from time to time, and proof of payment of all fees required by this section, the city administrator shall issue a written cardroom permit, subject to any conditions, limitations and restrictions required by the city council in its reasonable determination.

(3) The initial cardroom permit shall be issued with an expiration date of December 31 of that year.

(4) Each and every individual who is an applicant as defined in this section, and to whom the cardroom permit is issued, shall also be issued by the police chief an identification card which must be worn in plain view during all working hours at a cardroom. The police chief may establish regulations further governing the manner in which such identification cards shall be worn.

(i) Renewal. The holder of an unsurrendered, unsuspended, unrevoked and otherwise valid cardroom permit issued pursuant to this section may renew such cardroom permit for periods of one (1) year only by completing and submitting to the police chief at least ninety (90) days prior to the expiration date of the existing cardroom permit a renewal application verifying that all information currently on file is accurate, or updating said information. The police chief may require additional information in his reasonable determination necessary for a decision on the renewal. Such permit renewal may be approved, denied or conditioned upon the grounds set forth in subsection (h) above. In the police chief’s sole discretion, each cardroom permit renewal application may be subject to the review procedure applicable to an initial cardroom permit application as set forth in this section. Such review, however, shall be limited to changed circumstances as indicated by the renewal applicant’s update of information currently on file, or by information acquired by the police chief during the course of investigating or otherwise acting on the renewal application.

(j) Nonassignability. No cardroom permit may be sold, transferred, or assigned, either voluntarily or by operation of law, to any other person, persons or entity. Any such sale, transfer or assignment shall constitute a voluntary surrender of such cardroom permit, which thereafter shall be deemed terminated and void. Nothing in this section shall restrict the sale, transfer, or assignment of a cardroom business for purposes of the continued operation of that cardroom in the city, to any person or entity authorized and registered to own and operate a cardroom at that location pursuant to the requirements of the Division of Gambling Control and this section.

(k) Suspension; Revocation. No permittee shall be allowed to operate or conduct business otherwise permitted under the permittee’s cardroom permit during any period of time that the cardroom permit is suspended or revoked. All cardroom permits shall be subject to suspension or revocation by the city administrator, or the city council on appeal, when any one (1) of the following occur:

(1) The permittee, or its agent or employee, has violated a provision of this section;

(2) The permittee, or its agent or employee, has violated any condition, limitation or restriction of its cardroom permit;

(3) Grounds exist under which denial of a cardroom permit would be justified if such an application were pending; or

(4) The permittee, or its agent or employee, has violated any local, state or federal law, rule, regulation, ordinance or resolution relating to the establishment, maintenance, or operation of its cardroom.

Except as provided in subsection (k)(1) of this section, a cardroom permit shall be suspended or revoked only after the permittee has been given reasonable notice and opportunity to be heard by the city administrator. Notice of the hearing setting forth the time, date and place of hearing and the reasons for suspension or revocation shall be given to the permittee no later than ten (10) days prior to the date of the hearing. The permittee shall be given the opportunity to present witnesses and evidence at the hearing. Within a reasonable time after the close of hearing, the city administrator shall render a decision setting forth the findings and reasons therefor. Said decision shall be mailed to the permittee at the address of the permittee’s cardroom.

(l) Emergency Suspension. Either the police chief or the city administrator may issue an order suspending a cardroom permit for a period of time not exceeding ten (10) days without first conducting a hearing if the city administrator or police chief determines that the continued operation of the cardroom will cause an immediate hazard to the public safety, health or welfare, or that the cardroom is allowing the playing of banking games or percentage games or any other game not permitted by resolution of the city council, or that the cardroom is being operated without the daily presence of a person registered with the state pursuant to The Gambling Control Act, California Business and Professions Code § 19800, et seq. A hearing on the decision of the city administrator or police chief in this regard shall be held within ten (10) days of the decision pursuant to the procedure set forth in subsection (k) of this section, with the exception that the hearing shall be held before the officer responsible for making the decision to suspend the cardroom permit.

(m) Appeal of Suspension or Revocation. The decision of the city administrator or police chief to suspend or revoke a cardroom permit pursuant to subsections (k) or (l) of this section may be appealed to the city council by filing with the city clerk a written notice of appeal setting forth the grounds for the appeal within ten (10) days after a copy of the decision of the city administrator or police chief has been placed in the mail to the permittee. The date of the mailing shall be indicated on a proof of mailing that shall be mailed along with the copy of the decision.

(n) Employee Registration.

(1) It shall be unlawful and a violation of this section for any permittee to employ any person in connection with the operation of a cardroom who has not first registered with, and been issued an identification card by, the police chief.

(2) Each and every cardroom employee shall register with the police chief during normal business hours, at least fifteen (15) business days prior to commencing employment. Each employee shall complete an application for employee registration, be fingerprinted, be photographed, provide any other relevant information that the police chief, or his or her authorized agent, reasonably may require, and certify the truth of all such information provided under penalty of perjury.

(3) The police chief shall establish procedures to implement, administer and enforce the provisions of this section.

(4) The police chief, or his or her authorized agent, is hereby authorized to obtain criminal history information for each employee seeking registration.

(5) Within ten (10) business days after receipt of all registration information, the police chief shall either grant or deny such registration and explain the reasons for any denial. Applications for registration may be denied where the police chief finds that there is good cause therefor. Good cause includes, but is not limited to:

a. The person has been convicted of a crime involving theft, embezzlement, moral turpitude or a crime involving drugs;

b. The person previously has been denied, or has had revoked, a license or permit issued by a public entity;

c. The person made false statements in connection with its registration application;

d. The person has been convicted of a felony or is the subject of outstanding arrest warrants.

(6) If the police chief has not completed all necessary investigation of the applicant and the application, but has no reason to believe that any ground exists for denial of the application, the police chief may issue a temporary identification card with such terms, conditions or restrictions as the police chief may deem necessary. The duration of any such temporary identification card shall be no more than six (6) months and shall be automatically revoked upon the actual issuance or denial of the application for employee registration. Temporary registration cards must be worn in plain view at all times the employee is physically present on cardroom premises. The police chief may establish regulations further governing the manner in which temporary identification cards shall be worn.

(7) The police chief’s decision to deny such registration may be appealed to the city council within ten (10) days of the police chief’s decision, and a public hearing shall then be noticed and conducted in substantially the same manner provided for consideration of cardroom permit applications pursuant to subsection (g) of this section.

(8) Registered employees shall be issued an identification card which must be worn in plain view at all times the employee is physically present on cardroom premises. The police chief may establish regulations further governing the manner in which such identification cards shall be worn.

(9) The police chief may suspend or revoke an employee registration where the police chief finds that there is good cause therefor. “Good cause” for suspending or revoking an employee registration is the same as that for denying an application therefor pursuant to this section. The police chief’s decision to suspend or revoke may be appealed to the city council within ten (10) days of the police chief’s decision, and a public hearing shall then be noticed and conducted in the same manner as a decision to deny an employee registration application.

(10) In addition to any other restrictions provided by law, no cardroom identification card shall be issued to anyone who is disqualified from holding a State gambling license for any of the reasons specified in the Gambling Control Act, California Business and Professions Code section 19800, et seq.

(11) Every application for a cardroom identification card shall be subject to objection by the Division. If the Division objects to the issuance of cardroom identification card, issuance of the card shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act.

(o) Fees.

(1) A cardroom permit application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the initial cardroom permit application, and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(2) A fee for initial cardroom permits in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to city, shall be paid by applicant at the time a cardroom permit is issued. For initial permits expiring in under twelve (12) months, the annual fees shall be prorated on a monthly basis;

(3) A cardroom permit renewal application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the cardroom permit renewal application, and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(4) An annual cardroom permit renewal fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to city, shall be paid by permittee at the time a cardroom permit renewal is issued;

(5) Annual table permit fees in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, shall be paid by applicant/permittee to city at the time a cardroom permit or permit renewal is issued, whether or not such table shall be in constant use. If the number of cardroom tables is later reduced or a cardroom permit is suspended, revoked, surrendered, not renewed or expires, any table permit fees previously paid shall not be refunded;

(6) An initial employee registration application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the initial application and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(7) An annual employee registration renewal application fee in an amount set by resolution of the city council, which may be amended from time to time by action of the city council, payable to the city, shall accompany the application for renewal and shall be retained by city for the cost of investigation and processing of the application whether or not approved;

(8) The fees set forth herein may be amended from time to time by resolution of the city council.

(p) Table Restriction. No permittee, or the permittee’s employee, shall use, operate or permit the use or operation of more cardroom tables than those permitted by its cardroom permit and for which the permittee previously has paid the required table permit fees. The number of tables located at a cardroom shall not be increased without prior approval of the city council and prior payment of the appropriate table permit fees. In any event, no cardroom shall operate more than ten (10) tables. All tables shall be located in the same room and be visible from the entrance of the cardroom.

(q) Permitted Games. The games permitted within the city boundaries are those permitted by local, state, and federal law, and shall also be played pursuant to the rules of play approved by the chief of police. It shall be unlawful for any cardroom permittee, or its agent or employee, to allow the playing of any games not permitted by the provisions of this section or state law, or to allow the playing of any permitted game in a manner other than in strict conformance with the rules of play approved by the chief of police.

(r) Permitted Locations.

(1) The playing of all games permitted under this section shall be confined to those designated areas of the cardroom premises as may be set forth in the cardroom permit, and no playing of any games shall be permitted at any other location within or upon the cardroom premises for which prior written approval from the city administrator has not been obtained.

(2) Cardrooms shall be located only in those certain districts as set forth in the Gilroy Zoning Ordinance. A cardroom permit shall be issued only if the premises meet all requirements of the Zoning Ordinance, and the applicant obtains all required zoning permits. In determining whether to approve the location of a proposed cardroom, the city shall take into consideration the effect of operation of a cardroom on other sensitive uses located in the vicinity of the proposed cardroom, including but not limited to schools, public parks or recreation areas, hospitals, public buildings with programs for minors, and religious institutions. As used in this section, the terms (i) “school” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(n); (ii) “public park or recreation area” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(k); (iii) “public building with programs for minors” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(j); and “religious institution” shall mean the term as defined in Gilroy Zoning Ordinance section 28.10(l).

(s) Wagers. There shall be no limits on any person playing within the cardroom premises to make a single ante, wager or bet.

(t) Identification Card. It shall be unlawful for any permittee, manager, operator, employee or any other person employed by or having a financial interest in the cardroom to be physically present upon the cardroom premises without having prominently displayed in plain view, and in accordance with any regulations set forth by the police chief, their own personal identification card.

(u) Permitted Players. It shall be unlawful for any permittee, owner, manager or employee of any cardroom to play cards upon the cardroom premises in which they have an interest unless he or she wears their identification card in plain view to all persons with whom they are playing cards. Managers or employees of any cardroom may only play cards upon the cardroom premises with their own, personal money.

(v) Lending Money Prohibited. It shall be unlawful for any permittee, owner, manager, employee or other agent of permittee, or person having a financial interest in the cardroom to engage in the lending of money, chips, tokens, or other things of value, either real or promised, to any customer, player or other person on or about the cardroom premises for the purpose of allowing that person to play cards upon the cardroom premises.

(w) Second Party Checks Prohibited. It shall be unlawful for any permittee, owner, manager or employee or other agent of permittee to cash or otherwise accept second party checks, or allow second party checks to be cashed or otherwise accepted, on or about the cardroom premises.

(x) Posted Rules of Play. It shall be the responsibility of each and every cardroom permittee to post the rules and regulations relating to cardrooms and permitted card games in a conspicuous and easily available location within the cardroom premises. Permittees, owners and managers shall be responsible to ensure that all cardroom employees have read and understood the posted rules. The posted rules shall include at least one (1) set of the rules of play for each permitted game as approved by the chief of police. These posted rules shall either be posted on a wall or other conspicuous place visible from any cardroom table, or printed and made available upon request to each and every person playing any game upon the cardroom premises, so long as a notice of the availability of said rules of play is conspicuously posted and visible from any cardroom table. The posted rules shall also include at least one (1) set of the following rules and regulations posted in a conspicuous and easily available location within the cardroom premises:

(1) No person under the age of twenty-one (21) is permitted to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises;

(2) No person who is obviously under the influence of an intoxicating beverage, narcotic or drug is permitted to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises;

(3) Disorderly conduct or any other conduct that constitutes a breach of the peace or that is otherwise detrimental to the public health, safety or welfare, is prohibited on or around the cardroom premises;

(4) It is unlawful for any permittee, owner, manager, employee or other agent of permittee, or person having a financial interest in the cardroom to engage in the lending of money, chips, tokens, or other things of value, either real or promised, to any customer, player or other person on or about the cardroom premises for the purpose of allowing that person to play cards upon the cardroom premises;

(5) It is unlawful for any permittee, owner, manager or employee or other agent of permittee to cash or otherwise accept second party checks, or allow second party checks to be cashed or otherwise accepted, on or about the cardroom premises;

(6) It is unlawful for any owner, operator, shareholder, manager, employee or any other person employed by or having a financial interest in the cardroom to be physically present upon the cardroom premises without having prominently displayed in plain view their own personal identification card;

(7) It is unlawful for any permittee, owner, manager or employee of any cardroom to play cards upon the cardroom premises in which they have an interest unless he or she wears their identification card in plain view to all persons with whom they are playing cards. Managers or employees of any cardroom may only play cards upon the cardroom premises with their own, personal money.

(y) Inspections. All cardrooms shall be open for inspection by the police chief, the fire chief and any other city official during normal business hours, without search warrant, who may seize any evidence of any violation of this section without a search warrant or other legal process.

(z) Access. There shall be at least two (2) adequate and proper means of ingress and egress to the immediate area of the cardroom tables.

(aa) Barroom Access. Cardrooms operating between the hours of 2:00 a.m. and 6:00 a.m. shall not permit access to any alcoholic beverages during those hours. All alcoholic beverages shall be kept in locked cabinets, storage closets, or in other secured containers during those hours.

(bb) Minors and Intoxicated Persons Prohibited. Permittee and permittee’s agents and employees shall not allow persons under the age of twenty-one (21) and persons who are obviously under the influence of an intoxicating beverage, narcotic or drug to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises.

(cc) Disorderly Conduct. All cardroom permittees, owners, operators, and managers are responsible for insuring that no disorderly conduct occurs on or around the cardroom premises and that no other similar conduct occurs on or around the cardroom premises such that it constitutes a breach of the peace or that is otherwise detrimental to the public health, safety, or welfare.

(dd) Violation a Misdemeanor. Violation of this section shall be a misdemeanor.

(ee) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the cardroom permit, a cardroom, may operate twenty-four (24) hours per day. Each cardroom permittee shall clearly post the hours of operation of the cardroom so as to provide law enforcement and the cardroom patrons adequate notice of the hours of operation. (Ord. No. 677, §§ 1, 2; Ord. No. 769, § 1; Ord. No. 86-19, § 55, 10-6-86; Ord. No. 86-25, § 1, 12-1-86; Ord. No. 94-5, § I, 5-16-94; Ord. No. 99-4, § I, 4-19-99; Ord. No. 2000-4, § I—III, 2-7-00; Ord. No. 2000-05, § I, 3-6-00; Ord. No. 2003-15, § I, 10-9-03; Ord. No. 2010-08, § I, 5-3-10; Ord. No. 2013-05, § I, 3-4-13; Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2018-13, § 1, 9-17-18)

16.7—16.13 Reserved.

Editor’s note: Sections 16.7—16.13, 16.14, 16.15 and 16.16 were repealed by Ord. No. 941, § 2, adopted Nov. 15, 1971.

16.13-1 Nudity of waiter, waitress, entertainer in food and beverage establishments.

Repealed by Ord. 2010-04. (Ord. No. 866, § 1, 9-15-69; Ord. No. 77-15, § 14, 4-8-77; Ord. No. 81-20, § 1, 7-6-81; Ord. No. 94-3, § I, 3-21-94)

16.14 Reserved.

Note: See the editor’s note following §§ 16.7—16.13.

16.14-1 Public safety telephone numbers; delivery of intrastate recorded telephone message thereto.

(a) No person except a public utility engaged in the business of providing communication services and facilities shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon activation either mechanically, electronically or by other automatic means, initiate an intrastate call and deliver a recorded message to any public safety telephone number, without the prior written consent of such public safety subscriber.

(b) The term “telephone number” includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the subscriber to such primary number when the primary telephone number is in use.

16.15—16.16 Reserved.

Note: See the editor’s note following §§ 16.7—16.13.

16.17—16.22 Reserved.

Editor’s note: Ord. No. 86-19, § 56, adopted October 6, 1986, repealed §§ 16.17—16.22 in their entirety. Former §§ 16-17—16.22 were concerned with solicitation of funds or other property, and derived from Ord. No. 398 and 649.

16.23 Reserved.

Editor’s note: Ord. No. 941, § 2, adopted Nov. 15, 1971, repealed §§ 16.23—16.25.

16.24 Imitation weapons—Defined.

For the purposes of this section and section 16.25, “imitation weapon” means a replica of a firearm that is so substantially similar in visual characteristics to an existing firearm as to lead a reasonable person to believe that the replica is a firearm that could be operational. (Ord. No. 2020-01, § 1, 2-3-20)

16.25. Possession of imitation weapons.

It shall be unlawful for any person to possess or display an imitation weapon on public property, in the public right-of-way, or in an area viewable from public property or the public right-of-way. (Ord. No. 2020-01, § 1, 2-3-20)

16.26 Prohibition against discharging firearms or air guns.

It shall be unlawful for any person within the city to discharge any gun, air gun, pistol or other firearm or to use any gun, air gun pistol or any other firearm for the purpose of firing off any composition of an explosive nature or which throws or projects bullets or missiles to any distance by air pressure or by springs or other mechanical device, except in a duly licensed shooting gallery. Violation of this section shall be a misdemeanor. (Code 1900, § 378; Ord. No. 941, § 6, 11-15-71; Ord. No. 89-7, § 1, 4-3-89)

16.27 Prohibition against slings and slingshots.

It shall be unlawful for any person to use any rubber flipper, sling or slingshot for the purpose of throwing lead or stones or any other hard substance within the city. (Code 1900, § 395; Ord. No. 89-7, § 1, 4-3-89)

16.28 Intoxicating liquor in public places.

Except and unless a person applies for and is issued a special events permit by the city, it shall be unlawful for any person to drink or consume any intoxicating liquor, or have in his or her possession or control an open container of an intoxicating liquor, in or on any public street, sidewalk, alley, mall, school grounds or any parking lot open to public use, whether publicly or privately owned.

For the purpose of this section, “intoxicating liquor” includes any alcoholic beverage containing more than one-half of one (0.5) percent of alcohol by volume, and all kinds of spirituous, vinous and malt liquors.

Violation of this section shall be a misdemeanor. (Ord. No. 76-22, § 1, 12-6-76; Ord. No. 80-29, § 1, 10-27-80; Ord. No. 80-34, § 1, 12-15-80; Ord. No. 94-3, § I, 3-21-94)

Cross references—Intoxicated persons prohibited from participating in bingo, § 5A.13.

16.29 Obstruction of movement in public place.

It is unlawful for any person willfully and maliciously to sit, lie, kneel, crouch, sleep or otherwise occupy any portion of a street, sidewalk or other public way so as to obstruct or unreasonably interfere with the free movement and passage of pedestrians, motor vehicles or other modes of travel. The provisions of this section shall not apply to persons standing or sitting on the curb portion of any sidewalk or street while attending or viewing any parade permitted under the provisions of this Code; nor shall the provisions of this section apply to persons sitting upon benches or other seating facilities provided for such purposes by municipal authority. Violation of this section shall be a misdemeanor. (Ord. No. 76-22, § 2, 12-6-76; Ord. No. 80-29, § 1, 10-27-80; Ord. No. 94-3, § I, 3-21-94)

16.30 Conduct on public property, monuments and lawns.

It is unlawful for any person willfully and maliciously to walk, stand, sit or lie upon any monument, vase, fountain, railing, fence, planter, elevated planted area or upon any other public property not designed or customarily used for such purposes. No person shall willfully and maliciously walk, stand, sit or lie upon any public lawn or planted area which is posted with signs to forbid such conduct. Violation of this section shall be a misdemeanor. (Ord. No. 76-22, § 3, 12-6-76; Ord. No. 80-29, § 1, 10-27-80; Ord. No. 94-3, § I, 3-21-94)

16.31 Loud noises during curfew prohibited.

No person shall make any loud, boisterous, irritating, penetrating or unusual noise or own, occupy, operate or keep any business, public meeting or gathering, game, dance, amusement, appliance, contrivance, device, structure, construction, ride, machine, vehicle, implement or instrument or animal or fowl, the use, operation or keeping of which makes a loud, boisterous, irritating, penetrating or unusual noise which disturbs another in any residence, hotel, apartment house, cabin, cottage, court, rooming house or any building or place regularly used for sleeping purposes in the city, between the hours of 10:00 p.m. and 7:00 a.m. of any day.

This section shall not apply to emergency or public service activities by police, fire, garbage collection, ambulance or similar personnel. (Ord. No. 76-22, § 4, 12-6-76; Ord. No. 81-30, § 1, 10-26-81; Ord. No. 91-3, § 1, 2-4-91)

16.32 Vehicles prohibited on posted sidewalks.

(a) Except for a disabled person in a wheelchair, it shall be unlawful for any person to ride any bicycle, skateboard or rollerskate or use in-line skates or other wheeled vehicles adjacent to the frontage of a public building owned or controlled by the city or any commercial establishment on a sidewalk posted with signs or stencils forbidding such conduct. Violation of any provision of this section shall constitute an infraction and is punishable under the provisions of section 1.7 of this Code.

(b) The city administrator is authorized to establish the locations where riding or using such vehicles is hazardous and to post appropriate signs or stencils as described in section 16.32-1(d) forbidding such conduct, except that said signs will refer to Gilroy City Code section 16.32. (Ord. No. 77-24, § 1, 7-18-77; Ord. No. 96-4, § 1, 4-1-96)

16.32-1 Skateboarding, rollerskating and in-line skating prohibited where posted.

(a) No person shall ride, propel or in any manner operate a skateboard, rollerskates, or in-line skates, or other similar wheeled rolling device on, along or over any parking lot or other public property owned or controlled by the city where the city administrator has determined that such activities are hazardous and therefore prohibited.

(b) No person shall ride, propel or in any manner operate a skateboard, rollerskates, or in-line skates, or other similar wheeled rolling device on, along or over:

(1) Any privately owned commercial property upon which property the businesses are under the control of a single owner, manager or agent, and where such activities are prohibited by the owner, manager or agent; or

(2) Any property owned by a public agency where such activities are prohibited by the public agency.

(c) Violation of any provision of subsections (a) and (b) above shall constitute an infraction and is punishable under the provisions of section 1.7 of this Code.

(d) The prohibitions set forth in this section shall not apply until notice has been provided as follows:

(1) Notices shall be provided in and about the property where the activity is to be prohibited in sufficient numbers and locations so that they are reasonably likely to be seen by those engaging in the prohibited activity. Signs may be posted, or notices may be stenciled directly onto a paved surface. Each sign or notice shall state which activities are prohibited in letters two inches in height; signs shall be printed in black on a white background. Each notice shall also provide a citation to the Gilroy City Code in letters one inch in height at the bottom and right side of the sign stating “Gilroy City Code Sec. 16.32-1”. A sign shall not exceed two hundred forty (240) square inches in area; and

(2) For commercial establishments and public agencies invoking the provisions of this section pursuant to subsection (b), written notification shall be delivered to the chief of police not less than twenty-four (24) hours prior to posting notices on the property, stating the date it will become subject to this section. Property which is brought under the provisions of this section may be withdrawn by removing the posted notices and by notifying the chief of police in writing of the withdrawal. (Ord. No. 96-4, § 2, 4-1-96)

16.33 Reserved.

Editor’s note: Ord. No. 86-19, § 57, adopted October 6, 1986, repealed § 19.10.0303 in its entirety. Former § 16.33 was concerned with underground storage of flammable liquids and derived from Ord. No. 79-9, § 1, adopted May 7, 1979; and Ord. No. 79-13, § 1, adopted June 4, 1979.

16.34 Burglar alarm systems; violations.

Repealed by Ord. No. 2011-09. (Ord. No. 79-18, § 1, 7-16-79)

Cross references—Police alarm systems, § 3B.1 et seq.

16.35 Large gatherings requiring a second police response.

When a large party or gathering occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event, or if either of those persons is a minor, then the parents or guardians of that minor, will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the department. The police personnel utilized during a second response after the first warning to control that threat to the public peace, health, safety or general welfare, shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include minor damages to city property and/or injuries to city personnel. A fee charged will not be in excess of five hundred dollars ($500.00) for a single incident. The city reserves its legal options to elect any other legal remedies when said costs or damage exceed five hundred dollars ($500.00). (Ord. No. 88-2, § 1, 1-4-88)

16.36 Steel-jawed traps prohibited.

No person shall use a leg-hold steel-jawed trap, steep-jawed trap, or steel leg-hold trap, as such are defined in Fish and Game Code section 4004, in the City of Gilroy. Violation of the provisions of this section shall be punishable as provided in section 1.7 of this Code. (Ord. No. 88-20, § 1, 12-5-88)

16.37 Urinating or defecating in public prohibited.

It shall be unlawful for any person on any street or in any public place within the city to urinate or defecate, except at a lavatory facility. Violation of this section shall be a misdemeanor. (Ord. No. 2001-7, § I, 6-4-01)

16.38 Hours of construction.

(a) Unless otherwise provided for in a validly issued permit or approval, construction activities shall be limited to the hours of seven (7) a.m. and seven (7) p.m., Monday through Friday and nine (9) a.m. to seven (7) p.m. on Saturday. Construction activities shall not occur on Sundays or city holidays, which include: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas. “Construction activities” are defined as including but not limited to, excavation, grading, paving, demolitions, construction, alteration or repair of any building, site, street or highway, delivery or removal of construction material to a site, or movement of construction materials on a site.

(b) In the event the chief building official or his or her designee determines that the public health and safety will not be impaired by the construction activities between the hours of seven (7) p.m. and seven (7) a.m., and that loss or inconvenience would result to any party in interest, the chief building official may grant permission for such work to be done between the hours of seven (7) p.m. and seven (7) a.m. upon an application being made at the time the permit for the work is issued or during the progress of the work.

(c) The city council finds that construction activities by the resident of a single residence does not have the same magnitude or frequency of noise impacts as a larger construction project. Therefore, the resident of a single residence may perform construction activities on that home during the hours in this subsection, as well as on Sundays and city holidays from nine (9) a.m. to six (6) p.m., provided that such activities are limited to the improvement or maintenance undertaken by the resident on a personal basis.

(d) No third person, including but not limited to, landowners, construction company owners, contractors, subcontractors, or employers, shall permit or allow any person working on construction activities, which are under their ownership, control or direction to violate this provision. The provisions prescribed herein may be enforced by the chief building official or his or her designee or the police department. Violation of this section shall be a misdemeanor and each day such violation is committed or permitted to continue constitutes a separate offense and shall be punishable as such. (Ord. No. 2004-15, § I, 9-7-04)

Chapter 16OFFENSES—MISCELLANEOUS

16.1 Air pollution—Dust—Necessity to control spreading.