Chapter 4.22 CARDROOMS

A. 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.

B. City Manager. As used in this chapter, the term “city manager” means the city manager or his or her designee.

C. Gaming or Gambling.

1. 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 California Penal Code Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part I of the California Penal Code or by this chapter.

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

a. The game of bingo conducted pursuant to and as otherwise regulated by the Rancho Cordova Municipal Code.

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

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

d. Games played with cards in private homes or residences in which no person makes money for operating the game except as a player. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.22.005 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 this chapter. [Ord. 6-2012 § 1; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.22.010 Statement of purpose.

The regulatory provisions of this chapter are necessary to ensure that cardrooms are operated reasonably for the protection of the public health, safety, and welfare, to provide legitimate cardrooms where citizens of this city can safely enjoy the entertainment provided by reputable cardrooms, and to conform to state-mandated requirements set by the Gambling Control Act found in the California Business and Professions Code commencing with Section 19800 et seq. [Ord. 10-2008 § 1; Ord. 56-2006 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.015].

4.22.015 Qualifications – Use.

A. If the applicant for a special business license to operate a cardroom is a sole proprietor, the proprietor shall have met the requirements set by the State Department of Justice pursuant to the Gambling Control Act (commencing with California Business and Professions Code Section 19800 et seq.) prior to filing the application for the license. If the applicant is a partnership, corporation, or other business entity owned by more than one individual, the business entity shall have met the requirements set by the State Department of Justice pursuant to the Gambling Control Act (commencing with California Business and Professions Code Section 19800 et seq.) 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 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 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 city manager. For purposes of this section, “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 for in this chapter shall be conducted therein.

C. For purposes of revocation under this section, 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.

D. The licensee shall cooperate with the city manager by providing the city manager the necessary information and documentation upon demand by the city manager in order for the city manager to determine whether the licensee comes under the provisions of this section requiring revocation of the license. Failure of the licensee to cooperate with the city manager pursuant to the provisions of this section shall be grounds for the revocation of the special business license to operate the cardroom. [Ord. 10-2008 § 1; Ord. 56-2006 § 2; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.020].

4.22.020 Number of licenses limited.

A. Only two special business licenses to operate cardrooms shall be issued by the city of Rancho Cordova.

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 city manager in the order the applications were filed with the city clerk. 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. [Ord. 15-2012 § 1; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.025].

4.22.025 Application for cardroom license.

A. An application for a special business license for a cardroom, as required by this chapter, shall be completed by the applicant and filed with the office of the finance director. The finance director shall receive any fee required for the application, assure that the application is complete, and shall forward one copy of the application to the city manager and one copy to the chief of police for processing, investigation, review and action.

In addition to any required fees, the applicant shall submit a deposit of $10,000 at the time of filing an application with the finance director. The deposit shall be used to pay the city’s costs for processing, investigating, reviewing and acting on an application that are in excess of any fee amount received.

Notwithstanding payment of any required fees and the deposit, if the city manager determines that the cost to the city for processing, investigating, reviewing and acting on an application has exceeded the fee and deposit amount received, the applicant shall be required to pay the city such excess costs. The city manager may condition approval of an application upon the city’s receipt of any outstanding excess costs from the applicant.

B. In addition to other information as may be required by said application form for a special business license, the applicant(s) shall complete and provide the following information in as great detail as is available or as the city may require:

1. The status of the applicant as being an individual, a sole proprietorship, a partnership, a joint venture, an association, a corporation or a limited liability corporation;

2. The name, age and business address of each person who has an interest in the proposed cardroom as described in RCMC 4.10.040(c)(1) through (c)(8);

3. Name of proposed cardroom;

4. A description of the premises to be used in relation to cardroom activity including but not limited to card playing area, restaurants and any other proposed or existing business or facility on the premises;

5. Detailed plans of the parking facilities including lighting and a security plan. The security plan shall conform with the requirements of RCMC 4.22.145 and shall be a confidential document and not open to public inspection;

6. A development concept including floor plans, site plan, schematics, design and landscaping;

7. A statement of the applicant’s experience in the operation and management of cardrooms and/or other lawful gambling and/or other related activities;

8. A statement describing whether the applicants have any financial or other interest in a business organization, whether within or outside California, which is engaged in any form of gambling or gaming;

9. A statement that such premises will conform to all the laws of the state and the city for occupancies of the nature proposed;

10. Evidence of compliance with any prerequisites for compliance with the California Gambling Control Act including, but not limited to, valid registrations, licenses, permits, and approvals from the California Bureau of Gambling Control or Gambling Control Commission, whichever is applicable.

C. The city manager shall have authority to allow an applicant, upon the applicant’s request, to submit the information required in subsections (B)(4), (5), and (6) of this section at any time during the application review period if the city manager determines that doing so is in the best interest of the city. The city manager shall have discretion to set deadlines as necessary to receive such information. [Ord. 10-2008 § 1].

4.22.030 Issuance or denial of cardroom license.

A. The investigation of the cardroom application shall be completed as soon as practicable after a complete application is received and in any event not more than 180 days after receipt of a complete application. An application shall be considered only after a full background investigation and report has been made by the chief of police and such members of the city staff as are designated by the city manager.

B. The application shall be considered on the basis of the following, without being limited thereto:

1. The effect of the granting of such license insofar as the same would affect business, employment and economics in the city;

2. The financial stability of the applicants, including the personal history, business experience, general reputation, character and any other matters deemed by the city manager to be necessary or important; and

3. Any other relevant data, facts or considerations.

C. The chief of police shall conduct a background investigation in accordance with the provisions of RCMC 4.10.035 and shall issue a report to the city manager setting forth findings and recommendations regarding approval, conditional approval or denial of the application consistent with the provisions of RCMC 4.10.040 and 4.10.045.

D. Upon completion of the investigation, the city manager may grant, conditionally grant, or deny the application. In determining whether to grant a cardroom license, the city manager shall be guided by the policy that licenses shall be issued only to those persons who will operate such licensed cardrooms so as to best protect the public health, safety, morals, good order and welfare of the city of Rancho Cordova. Reasons for denying an application or conditionally granting a cardroom license may include, but shall not be limited to, the following:

1. The chief of police has concluded that the applicant will not conduct the cardroom in a law-abiding manner or in a manner which does not subject patrons of the cardroom to risk of harm or criminal, deceitful or otherwise unethical practices in accordance with RCMC 4.10.040;

2. Failure of the applicant to have valid registrations, licenses, permits, and/or approvals from the California Bureau of Gambling Control or Gambling Control Commission, whichever is applicable, to operate a cardroom within Rancho Cordova;

3. The proposed cardroom will be in violation of federal, state or local law or regulation;

4. Identification by any law enforcement agency, legislative body or crime commission as a member of, or an associate of, organized criminal elements;

5. Knowingly making any false statement in the application or as to any other information presented as part of the application process;

6. Prior unsuitable operation as a card or gaming licensee in another jurisdiction without regard to whether disciplinary action was taken at that time or whether the acts were sufficient to justify revocation of a license;

7. The applicant does not have the financial capability or business experience to operate a cardroom in a manner which would adequately protect the patrons of the cardroom and the citizens of the community;

8. The chief of police has determined that the security plan is inadequate;

9. The proposed location of the cardroom is in an area not properly zoned for cardrooms;

10. The California Bureau of Gambling Control has objected to the issuance of the special business license for cardroom operation;

11. The applicant is less than 21 years of age.

E. If the city manager conditionally grants an application, the city manager shall do so in accordance with the procedures set forth in RCMC 4.10.045. [Ord. 10-2008 § 1].

4.22.035 Renewal of cardroom license.

A. Not later than 45 days prior to expiration of the term of a cardroom license, the finance director shall transmit to the licensee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the city manager.

The application for renewal shall be filed with the finance director not later than the date of expiration of the term of the immediately preceding license. The finance director shall receive any fee required for the application, assure that the application is complete, and shall forward one copy of the application to the city manager and one copy to the chief of police for processing, investigation, review and action.

The city manager shall perform such investigation and examination of the applicant, as he or she deems appropriate, and shall receive a report from the chief of police regarding renewal of the license. The city manager shall extend the term of the immediately preceding license during the period of any investigation or examination required in order to determine whether the license should be issued or conditionally issued.

B. The city manager shall act upon the application for renewal not later than 30 days after the date a valid application is filed. The renewed license shall be issued or conditionally issued unless:

1. The city manager finds in writing that one or more of the conditions identified in RCMC 4.10.040(A), (B), (C) or (D) pertain;

2. The city manager finds in writing that the licensee has violated any term, condition, requirement, or prohibition imposed by Chapter 4.02 RCMC, this chapter, or any other applicable law;

3. The city manager finds in writing that one or more conditions applicable to the preceding license have been violated; or

4. The city manager finds that the licensee has failed to submit or maintain an approved security plan.

C. In addition to any other condition deemed necessary and appropriate, the city manager may condition approval of a renewal application upon the city’s receipt of payment from the applicant for any outstanding excess costs incurred by the city in processing, investigating, reviewing and acting on the renewal application. [Ord. 10-2008 § 1].

4.22.040 Appeal of city manager decision.

A. The applicant or holder of a cardroom license may file an appeal from the following:

1. The denial of an initial application for or an application for renewal of a cardroom license;

2. The imposition of conditions at the time of issuance of an initial or renewed cardroom license or during the term thereof;

3. The termination of a cardroom license as a result of a change in ownership, pursuant to the provisions of RCMC 4.10.070; or

4. The suspension or revocation of a cardroom license pursuant to this chapter.

B. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the city clerk not later than 15 days after the decision or notice of decision, if applicable, whichever is later. If an appeal is not filed within the time or in the manner prescribed above, the right to review of the action which complaint is made shall be deemed to be waived.

C. Upon receipt by the city clerk of the notice of appeal, a hearing shall be scheduled promptly before the council but no later than 60 calendar days following the date of filing of the notice of appeal. The city council shall be authorized to deny the introduction of evidence and decide the matter after oral argument presented during the hearing, or to admit supplementary evidence with respect to challenges or particular findings, or reject the findings and conclusions and conduct a de novo hearing. The determination by the city council granting or denying the appeal shall be final, and shall be accompanied by findings of fact and conclusions. Pursuant to granting an appeal, the city council shall be authorized to order the issuance of a license upon such terms and conditions as in the discretion of the city council are deemed to be necessary and appropriate. [Ord. 10-2008 § 1].

4.22.045 Revocation of cardroom license.

The city manager shall have authority to revoke a cardroom license in accordance with the procedures set forth in RCMC 4.10.135 and 4.10.145. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

4.22.050 Employee permits.

A. No person shall work in a cardroom as a manager, employee or independent agent and no person who holds a special business license authorizing operation of a cardroom shall employ any person as a cardroom manager, employee or independent agent unless such person possesses a valid employee permit.

B. Notwithstanding the provisions of Chapter 4.10 RCMC, an employee permit as a cardroom manager, employee, or independent agent shall authorize the permittee to operate as a cardroom manager, employee or independent agent 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 limits. Notwithstanding the provisions of Chapter 4.10 RCMC, 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 name and the residence address of persons operating as cardroom managers, employees or independent agents in the cardroom. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.030].

4.22.055 Application for employee permits.

In addition to the matters prescribed by Chapter 4.10 RCMC, an application for an employee permit to serve as a cardroom manager, employee or independent agent 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. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.035].

4.22.060 Issuance or denial of employee permit.

A. Upon receipt of an application for an employee permit to serve as a cardroom manager, employee or independent agent, the chief of police shall conduct such investigation as he or she deems necessary.

B. The chief of police shall deny an employee permit if the chief of police finds that the applicant:

1. Is less than 21 years of age;

2. Was convicted of any crime punishable as a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in this state;

3. Was convicted of any misdemeanor involving dishonesty or moral turpitude within the 10-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a or 1203.45 of the California Penal Code;

4. Was associated with criminal profiteering activity or organized crime, as defined by California Penal Code Section 186.2;

5. Exhibited contumacious defiance of any legislative investigatory body, or other official investigative body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling, official corruption relating to gambling activities, or criminal profiteering activity or organized crime, as defined by California Penal Code Section 186.2;

6. Fails to provide information, documentation, and assurances required by this chapter or requested by the chief of police, fails to reveal any fact material to qualification, or supplies information that is untrue or misleading as to a material fact pertaining to the qualification criteria; and/or

7. Fails to clearly establish eligibility and qualification in accordance with this chapter.

C. The chief of police may deny an employee permit if the chief of police finds that the applicant:

1. Was 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 California Penal Code Section 1203.4, and the chief of police concludes that by reason of the crime or act the applicant would perform his or her duties as a cardroom manager, employee or independent agent 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; or

2. Violated or is in noncompliance with any of the provisions and requirements of this chapter or other applicable law or administrative rule or regulation.

D. Notwithstanding subsection (C)(1) of this section, an application shall not be denied solely on the basis that the applicant was convicted of a misdemeanor if the applicant 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 California Penal Code Section 4852.05.

E. The Department of Justice, Bureau of Gambling Control, may object to the issuance of any employee permit issued pursuant to this chapter.

F. The chief of police shall have the authority and discretion, but shall be under no obligation, to issue a temporary employee permit for a period not to exceed 30 days pending determination as to whether a prospective employee is eligible for an employee permit. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.040].

4.22.065 Revocation of employee permits.

A. An employee permit may be revoked or suspended pursuant to Chapter 4.10 RCMC 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 Chapter 4.02 or 4.10 RCMC or this chapter;

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 RCMC 4.22.060(C)(1) in relation to the holder of the permit; or

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

B. An employee permit shall be revoked pursuant to Chapter 4.10 RCMC upon a finding that the holder thereof would be disqualified from holding an employee permit for the reasons specified in RCMC 4.22.060(B)(1) or (5).

C. An employee permit may be temporarily suspended pending expiration of the time for appeal or exhaustion of an appeal pursuant to Chapter 4.10 RCMC, as applicable. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.095].

4.22.070 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 $1,000 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. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.050].

4.22.075 Responsibility of licensee.

The holder of a special business license issued pursuant to Chapter 4.10 RCMC and this chapter 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 inches and the tag shall be worn in plain view on the upper body of the employee. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.055].

4.22.080 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 prescribed by the city manager. Upon demand, the city manager 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 Chapter 4.02 or 4.10 RCMC or this chapter; 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 city manager, as custodian of those records. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.060].

4.22.085 Temporary suspension.

A. The city manager shall have the authority to temporarily suspend a cardroom 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 RCMC 4.22.040 if the city manager 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 of the following occurs:

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

2. The licensee is in violation of any of the provisions of Chapters 4.02, 4.06, and/or 4.10 RCMC, this chapter, administrative regulations adopted pursuant to those chapters, the Penal Code of the state of California, or any applicable law, rule or regulation; or

3. The city manager makes a finding pursuant to RCMC 4.10.040(C) 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. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.065].

4.22.090 Temporary suspension – Notice of suspension and appeal.

A. The temporary suspension shall be effective 24 hours following delivery of a temporary suspension notice to the licensee as provided in RCMC 4.10.145. If the licensee is unavailable or unable to be served, notice may be delivered to the person in charge of the cardroom and mailed to the licensee at the cardroom premises, and shall take effect 24 hours after the notice is delivered and placed in the mail.

B. The appeal by the holder of the cardroom license of the suspension of its license pursuant to RCMC 4.10.135, whose license has been temporarily suspended, shall be as provided in RCMC 4.22.040. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.070].

4.22.095 Operating as a cardroom manager or dealer or dealer after temporary suspension.

It shall be unlawful for the holder of a cardroom license to operate a cardroom after temporary suspension of the cardroom license, 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 of the permit and such violation shall be punishable as a misdemeanor. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.075].

4.22.100 Table operation fee.

A. In addition to any application or renewal license fees imposed by the city pursuant to Chapter 4.06 or 4.10 RCMC 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 by the city manager and shall be based upon the cost to the city of enforcement and administration of this chapter, as provided in RCMC 4.02.060.

Exempted from this quarterly fee are additional tables used for promotional or tournament play; provided, however, that the total number of regular tables plus promotional or tournament tables in use shall not exceed the maximum number of allowable tables as provided for by this chapter or the licensee’s special business license, whichever is less. Such promotional or tournament play and the use of such additional tables for such promotions and tournaments shall not exceed four days in any calendar month. The city manager and the chief of police shall be notified seven 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 director of finance. The first 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 10th for the quarter ending December 31st, April 10th for the quarter ending March 31st, July 10th for the quarter ending June 30th, and October 10th for the quarter ending September 30th; except that 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 city manager as to the number of tables to be operated for that new quarter and shall pay to the director of finance 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 fees 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 director of finance the appropriate table operation fee for that entire quarter regardless of when the additional tables(s) are added.

C. On the denial by the city manager 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 director of finance 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 director of finance prior to the issuance of the special business license. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.080].

4.22.105 Hours of operation.

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

B. Applicants for a cardroom license to operate a cardroom after the effective date of the ordinance codified in this chapter may 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. Operation of the cardroom shall thereafter be in accordance with the hours set by the use permit. [Ord. 6-2012 § 2; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.085].

4.22.110 Games permitted.

A. Cardrooms licensed to conduct gaming in the city of Rancho Cordova shall be permitted to conduct all lawful card games allowed under applicable state law and/or state regulations.

B. Written rules for each card game offered by a cardroom 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 within 30 days of the effective date of the ordinance codified in this chapter. The chief of police is authorized to require modifications to the rules of such games to ensure compliance with the law.

C. The licensee shall neither conduct games which are not on file with the chief of police nor change the rules of existing games that are on file with the chief of police. Should the licensee desire to either conduct new games or change the rules to existing games, the licensee shall file with the chief of police a written copy of the rules for the proposed new games and/or the proposed new rules of an existing game within 90 days. The chief of police shall review proposed new card games and/or proposed new rules of an existing game within 90 days. The chief of police shall approve the proposed new card and/or proposed new rules to an existing game, provided such new game or rules conform to state law.

D. 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.

E. Except as provided in subsection (A) of this section, all other gaming (including, but not limited to, gaming played with dice or any device for money) not otherwise prohibited by California law is prohibited. Nothing contained in this chapter shall be construed to permit the licensing of any gambling declared illegal in the state of California. [Ord. 6-2012 § 3; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.090].

4.22.115 Equipment – Separation.

No cardroom shall maintain or operate more than 11 card tables at any one time. Tables used during tournaments or free special events shall count toward this maximum table limit. Chairs shall be provided for all card players. No more than 12 players shall be permitted to play at any time at any one 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, except, to the extent such equipment is allowed by applicable state law and/or state regulations, such equipment shall also be allowed in the city. [Ord. 4-2013 § 1; Ord. 15-2012 § 2; Ord. 6-2012 § 4; Ord. 1-2010 § 1; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.095].

4.22.120 Minors prohibited.

No person under the age of 21 years shall be permitted to frequent a cardroom or to engage in any card game conducted therein. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.100].

4.22.125 Bets limited – Notice.

There are no mandatory limits on the amount wagered in any permitted game. No player shall be able to bet with cash money, markers or anything other than poker chips. The wagering limits for each table shall be clearly displayed at that table so that those who are playing at that table may be aware of the wagering limit. Notice of all the provisions and restrictions provided in this section shall be posted in a conspicuous place in the cardroom. [Ord. 6-2012 § 5; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.105].

4.22.130 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. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.110].

4.22.135 Credit prohibited.

No cardroom shall extend credit to any patron in order for the patron to participate in a card game. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.115].

4.22.140 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. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.120].

4.22.145 Protection of patrons.

A. The licensee shall be responsible for maintaining security on both the premises of the cardroom and the parking lot used by the cardroom for its patrons and employees. Each licensee shall maintain and implement a plan for security and safety of patrons and employees of the licensee in and around the gaming establishment. The plan shall set forth provisions necessary to ensure the safety and security of patrons and employees, including measures taken or instituted on the cardroom site to avoid follow-home robbers. Upon renewing a special business license as set forth in RCMC 4.22.035, the licensee shall submit with the renewal application the security plan for reapproval and shall include a statement of any proposed changes to the security plan and a detailed summary of all known incidents involving or affecting patron or employee security and safety in and around the establishment for the preceding year. Failure to submit or maintain an approved security plan shall be grounds for the denial or revocation of a cardroom license.

B. The contents of a security plan shall also provide a complete description and layout of all security measures, both physical and operational, for the handling of money, including but not limited to provisions, if applicable, for the following:

1. Purchase of chips and protection against counterfeit chips;

2. Check-cashing or ATM card-cashing procedure;

3. Procedures for bringing money to or removing money from the premises; and/or

4. Procedures for determining and depositing daily gross receipts.

C. All information provided regarding security measures, internal controls, or provisions relating to the handling of cash, chips, and cards shall be deemed confidential and shall not be available for public inspection unless required by law.

D. If, at any time, the chief of police determines that security measures beyond those contained in an approved security plan are necessary to protect the health and safety of the public, the chief of police is authorized to require such additional security measures as are deemed necessary. Such additional security measures may include, but shall not be limited to, placement of or an increase in uniformed security personnel on both the premises and the parking lot used by the cardroom for its patrons and employees, and the installation of security cameras. Such determinations by the chief of police shall be based on the:

1. Propensity for peace disturbances or criminal activity in the geographic area in which the cardroom is located;

2. Criminal activity or peace disturbances on cardroom premises or the parking lot used by the cardroom for its patrons and employees;

3. Particular time of day; and/or

4. 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 of the necessary security plan changes and shall provide the licensee with a reasonable period of time to implement the changes. Upon receiving the written notice of security plan changes, the licensee shall conform to those requirements within the time provided and shall maintain those requirements in full force and effect until such time as the chief of police deems they are no longer necessary.

E. 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.

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

G. 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, loan sharking, receiving stolen property, or prostitution.

H. The licensee shall permit the chief of police, health department, fire department or any other authorized public official to inspect the premises at any time during the hours of operation. [Ord. 6-2012 § 6; Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.125].

4.22.150 Exclusion or ejection from a cardroom.

Pursuant to and for the reasons set forth in California Business and Professions Code Section 19845, the licensee may exclude or eject individuals from the licensee’s cardroom. Any individual who is excluded or ejected from any cardroom and who refuses to leave the premises is subject to arrest for trespassing. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.130].

4.22.155 Conflicts.

A. If any section, subsection, clause, phrase or portion of this chapter conflicts with any section, subsection, clause, phrase or portion of an express provision of the city’s zoning ordinance or conditions of a use permit of the zoning ordinance or other administrative approvals issued under the zoning ordinance, the city’s zoning ordinance, conditions of the use permit under the zoning ordinance, or the administrative approvals issued under the zoning ordinance shall prevail.

B. If any section, subsection, clause, phrase or portion of this chapter conflicts with any section, subsection, clause, phrase or portion of the Gambling Control Act (California Business and Professions Code commencing with Section 19800 et seq.) as required by the state of California, then the Gambling Control Act shall prevail. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.135].

4.22.160 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. [Ord. 10-2008 § 1; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.140].

4.22.165 Sunset provision.

Repealed by Ord. 6-2012. [Ord. 10-2008 § 1; Ord. 56-2006 § 3; Ord. 7-2004 § 1; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4. Formerly 4.22.145].