Chapter 5.25
GAMBLING
Sections:
Article I. General
5.25.010 State law and license.
Article II. Card Games
5.25.020 License, permits and definitions.
5.25.030 Applications for licenses.
5.25.040 Application for permits.
5.25.050 Police background check – Reasons for disqualification.
5.25.060 Revocation of license and/or permit and appeal.
5.25.070 Renewals of licenses and permits.
5.25.080 Transferability – Wrongful issue – Limit on permits and licenses issued.
5.25.100 Permits and licenses suspended or revoked.
5.25.110 Powers of City Council – Establishment of rules – Final decision.
5.25.120 Conformity of business to law.
5.25.130 Building requirements generally.
5.25.140 Moving place of business to a new location.
5.25.150 Charitable and social organizations.
5.25.170 Draw poker – Only game allowed.
5.25.190 Hours of business and penalty.
5.25.200 Unsupervised games and lotteries in games.
Article I. General
5.25.010 State law and license.
Any person or persons wishing to apply for any license or permit authorized in this chapter must comply with not only these rules, but with Sections 330 through 337 of the California Penal Code. In each case where a license is issued, it shall be nontransferable. [Ord. 129 § 1, 1978.]
Article II. Card Games
5.25.020 License, permits and definitions.
(1) License and Fee. A license to conduct a card room must be obtained from the City Council upon the recommendation of the Chief of Police. There shall be a license issued for each card table within the City. Only the owner of the business may apply for such licenses. The fee for each table will be $75.00 per quarter, payable in advance.
(2) Permit and Fee. Each person in charge of running, dealing, selling chips, dragging or acting as an agent of the licensee of a card game shall possess a gambling permit issued by the City Council upon the recommendation of the Chief of Police. The fee for such a permit will be $130.00 per year, payable in advance.
(3) Definition. In order for a legal card game to take place, the table must be licensed according to the provisions of this code and the person running, dealing, selling chips, dragging or acting as an agent for the licensee must have a valid permit granted under the provisions of this code. If the licensee is running his own game, he must have a valid permit as well as a valid license.
(4) Unlawful Operation. It shall be unlawful to operate any card game in violation of any provisions of this chapter. Violation shall be a misdemeanor.
(5) Each license and permit must be posted in a conspicuous place visible to all patrons of the card room. [Ord. 129 § 2, 1978.]
5.25.030 Applications for licenses.
Each person owning a business where a card game is to take place must apply to the City Clerk, who will collect the first quarter fee of $75.00 in advance plus a $30.00 investigation fee, and refer such applicant to the Chief of Police for background investigation. The Chief will cause such investigation to be performed as well as have the applicant’s fingerprints taken. Within 30 days, the Chief of Police shall report to the City Council a recommendation on the person’s application. If such license is granted and a permit is also granted, a card game may ensue for each license and permit issued. If not, all but the $30.00 investigation fee will be refunded by the City Clerk. [Ord. 129 § 3, 1978.]
5.25.040 Application for permits.
No person, whether acting as principal, agent, clerk, employee, servant or otherwise, shall engage in managing, conducting or carrying on the business where tables are used for playing cards, and for the use of which a fee or compensation is charged players, until such person shall have first obtained a permit.
Such applicant shall apply to the City Clerk who will collect a $130.00 permit fee and refer the applicant to the Chief of Police for background investigation. The Chief will cause such investigation to be performed as well as have the applicant’s fingerprints taken. Within 30 days, the Chief of Police shall report to the City Council a recommendation on the person’s application. If such permit is granted the permittee under a valid license may conduct a card game under this section. If not, all but the $30.00 investigation fee will be refunded by the City Clerk. [Ord. 129 § 4, 1978.]
5.25.050 Police background check – Reasons for disqualification.
After completion of a personal history form the applicant may be denied if the background check conducted by the Chief of Police reveals:
(1) That the applicant has been convicted of a felony;
(2) That the applicant has been convicted of a misdemeanor or misdemeanors, of a type which would reflect upon the applicant’s moral character or honesty;
(3) That the applicant has wilfully misstated any statement in his application;
(4) That the applicant has violated any gambling laws of any city, county or state. [Ord. 129 § 5, 1978.]
5.25.060 Revocation of license and/or permit and appeal.
(1) Initiating Action. The Chief of Police may recommend that any card room permit or license issued pursuant to this chapter be revoked. Such recommendation shall be made to the City Council setting forth therein the reasons therefor, together with all supporting facts. The City Council shall thereupon act upon the recommendation.
(2) Council Hearing and Action on Recommendation. Upon the presentation of a recommendation for the revocation of a card room permit or license, the Council may order such permit or license revoked if the Council determines that the holder of such permit or license has been guilty of violating any of the provisions of this chapter or that, because of the manner in which such business has been operated, its continued operation will be injurious to the public health, safety, welfare, or morals of the residents of the City. Any of the grounds upon which the Council shall refuse to issue a permit or license shall also constitute grounds for such revocation. Before recommending such revocation, the Chief of Police shall cause notice to be served upon the holder of the permit or license that such revocation has been recommended to the Council and that a hearing on such recommendation shall be held in the Council Chambers in the City Hall at a time mentioned in such notice, normally the next City Council meeting. At such hearing, the holder of such permit or license shall have an opportunity to be heard and present such evidence in opposition to such recommendation as he desires. [Ord. 129 § 6, 1978.]
5.25.070 Renewals of licenses and permits.
The holder of each permit and license under this chapter must reapply yearly to the City Clerk for renewal. The City Clerk before renewing said permit or license will withhold same until the Chief of Police approves the renewal. If for any reason mentioned in this chapter the Chief of Police feels that the permit or license should not be renewed, he will make such recommendation to the City Council at the next regular Council meeting and the provisions of this chapter previously mentioned will apply. The fees payable to the City Clerk will be the same except for the investigation fee. In the case of licenses, although the license is renewable yearly, the license fee is still due quarterly in advance. [Ord. 129 § 7, 1978.]
5.25.080 Transferability – Wrongful issue – Limit on permits and licenses issued.
(1) No permit or license issued pursuant to this chapter, whether original or otherwise, is transferable.
(2) Any permit or license provided for by this article issued wrongfully shall be null and void.
(3) The total permits and licenses in the City for permission to operate such businesses as provided for by this article shall not exceed the issuance of more than one such permit and license for each 500 people in number, or major fraction thereof, as to population based upon the latest Federal census. [Ord. 129 § 8, 1978.]
5.25.090 Limits of wagers.
It shall be unlawful for any permittee, licensee or any other person operating under any permit or license issued under the provisions of this article to permit any person playing in any of the games licensed pursuant to this article to make any individual single bet or wager in excess of $8.00, or at any time during such game to permit an ante in excess of the sum of $1.00 per player participating in that game. [Ord. 129 § 9, 1978.]
5.25.100 Permits and licenses suspended or revoked.
It shall be unlawful for any permittee, licensee or any person operating under the provisions of this article to manage, conduct or carry on any business licensed pursuant to this article during any time such permit or license has been revoked. [Ord. 129 § 10, 1978.]
5.25.110 Powers of City Council – Establishment of rules – Final decision.
(1) The City Council reserves the right to determine at any time, by resolution, the establishment of rules and regulations under which any permittee under this article may operate any business under this article.
(2) The opinion of the City Council shall be conclusive and any granting or denial by it of any permit or license provided for by this article shall be final. [Ord. 129 § 11, 1978.]
5.25.120 Conformity of business to law.
No permit or license shall be issued by the City Council pursuant to this chapter if the proposed business to be operated is in violation of any State law or City ordinance. [Ord. 129 § 12, 1978.]
5.25.130 Building requirements generally.
(1) No permit or license shall be issued pursuant to this article if the building in which the applicant proposes to conduct such business does not meet the requirements of new buildings of a like occupancy and all fire prevention laws, or if such business would be at such location that it might constitute a nuisance to the adjoining property owners or occupants, as determined by the Chief of Police.
(2) No permit or license will be issued by the City Council pursuant to this article for any table to be licensed which table is not at all times in full view of all patrons; if more than one room is used, archways shall be cut in the partitions in such a manner that the patrons in one room may view the games being played or conducted in any other room; nor shall such permits be issued if doors, screens or other obstructions are to be used to conceal the players at any table. Archways or doorways will be a minimum of four feet in width and six feet eight inches in height. [Ord. 129 § 13, 1978.]
5.25.140 Moving place of business to a new location.
The moving of the business to a new location without permission of the City Council will invalidate the license or permit issued. [Ord. 129 § 14, 1978.]
5.25.150 Charitable and social organizations.
This article shall not be applicable to regularly incorporated benevolent, charitable, social or fraternal organizations which are nonprofit organizations, which pay no salaries, and which give no consideration of value of any kind to the people employed in or by such organizations conducting such a business as provided for by this article, and which organizations use the entire receipts from such tables for charitable or benevolent purposes; however, such nonprofit organizations shall be subject to any and all rules and regulations as may be adopted by the City Council, should action be deemed necessary. [Ord. 129 § 15, 1978.]
5.25.160 Intoxicated persons.
(1) It shall be unlawful for any permittee, licensee or any other person operating under any permit or license issued under the provisions of this article to permit any person to play in any game licensed pursuant to this article while such person appears to be under the influence of intoxicating liquors, and it shall also be unlawful for any person under the influence of intoxicating liquors to play in such a game.
(2) For the purposes of this section, “under the influence” has the same definition as in Section 647f of the California Penal Code. [Ord. 129 § 15[16], 1978.]
5.25.170 Draw poker – Only game allowed.
Any person engaged in or proposing to engage in the managing, conducting or carrying on the business of maintaining a place where tables are used for playing the game of draw poker pursuant to the provisions of this article shall state in his application for his permit and license therefor that the game to be conducted by such permittee and licensee is the game of draw poker. This game played high or low will be the only game licensed under this chapter. [Ord. 129 § 17, 1978.]
5.25.180 Minors.
(1) It is hereby declared to be unlawful for any permittee or licensee under the provisions of this article or for any agent or employee of such permittee or licensee to permit any persons under the age of 21 years to play the game of draw poker at any time upon the premises referred to in any such permit or license issued under this article.
(2) It shall also be unlawful to allow persons under the age of 21 to watch or loiter around any card game. [Ord. 129 § 18, 1978.]
5.25.190 Hours of business and penalty.
It is hereby declared to be unlawful for any such permittee or licensee or any of his agents or employees to permit any person to play the game of draw poker upon such premises between the hours of 1:30 a.m. and 8:00 a.m. of any day. Any such permittee or licensee or any of his agents or employees who shall violate any of the provisions of this section or any other section of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the County Jail of the County of Humboldt, as the committing magistrate may direct, for a period of not more than six months, or by both such fine and imprisonment, at the discretion of the court. [Ord. 129 § 19, 1978.]
5.25.200 Unsupervised games and lotteries in games.
It shall be unlawful for any person on any premises licensed under this chapter to participate in or allow to be played any unsupervised games or games in which there is a lottery. [Ord. 129 § 20, 1978.]