Chapter 5-11
CARD ROOMS
Sections:
Article 1. Licensing – Regulations
5-11-105 Definition of card room.
5-11-110 Application for license.
5-11-120 Investigation by City Manager – Consideration by City Council.
5-11-125 Card dealers permit required.
5-11-155 Violation a misdemeanor.
5-11-160 Suspension or revocation of license.
Article 1. Licensing – Regulations
5-11-100 License required.
It shall be unlawful for any person, for himself or for any other person, to engage in, carry on, maintain, or conduct, or cause to be engaged in, carried on, maintained, or conducted, any card room in the City without first having paid the fee and obtaining a license so to do from the City Clerk.
5-11-105 Definition of card room.
A card room is defined as any place wherein card tables are maintained, whereat or whereon card games may be played by the general public, and from which any benefits, salary, wages or other compensation is derived therefrom.
5-11-110 Application for license.
The City Clerk shall not issue the license provided for in SJBMC 5-11-100 until the applicant shall have first applied to the City Council for a permit to operate a card room.
5-11-115 Form of application.
Written applications for permits under this Chapter shall be filed with the City Clerk upon forms to be provided by him, and shall contain the following information:
(A) The name, occupation, business status and residence address of the applicant.
(B) The location and ownership of the premises for which the permit is sought.
(C) The number of card tables which are to be licensed.
(D) Such further information as the City Council may require.
5-11-120 Investigation by City Manager – Consideration by City Council.
The City Council shall submit each application filed pursuant to SJBMC 5-11-115 to the City Manager, who shall inspect the premises in question and investigate the moral character of the applicant. The City Manager shall not recommend approval of any application unless he is satisfied that the applicant is of good moral character and also that proposed location of said card room would not be injurious to the public welfare or morals.
The City Manager shall submit in writing his findings and his recommendation of approval or disapproval of the application to the City Council. The City Council shall thereupon fix a time and place for the hearing of such application and shall give the applicant written notice of the time and place so fixed, which time shall be not less than three (3) days from the date of service of such notice on such applicant. The City Council shall receive evidence for and against the granting of such application. The findings and recommendation of the City Manager may be received in evidence by the City Council. The City Council shall deny the application if, after considering the evidence, it determines that it will be injurious to the public welfare or morals of the people of the City to permit the operation of such card room upon the premises for which the permit is sought.
No license issued under the provisions of this Chapter may be transferred to any other person, or used at any other location.
5-11-125 Card dealers permit required.
It shall be unlawful for the licensee of any card room to permit any person to deal at any card table until said dealer has been investigated as to his moral character and criminal record by the City Manager and issued a card dealer’s permit. The fee for each applicant for a card dealer’s permit shall be five dollars ($5.00). It shall be unlawful for any person to act as a card dealer without the permit herein required.
5-11-130 Card dealer defined.
A card dealer is any person who operates or conducts any card game for any pecuniary benefits, including, but not limited to, salary, wages, commissions or any other type of compensation.
5-11-135 License fee.
In addition to any other fee or license required, every holder of a license to operate a card room shall pay to the City Clerk a license fee in the amount of four hundred dollars ($400.00) for the first table, and two hundred dollars ($200.00) for each additional table in said card room. Said license fee shall be payable annually in advance; shall be due and payable on January 1st of each year, and shall not be prorated. Said license fee shall be delinquent if not paid by January 31st. If said payment is not made by January 31st, a penalty of ten percent (10%) per month shall accrue until said license is paid.
5-11-140 Minors prohibited.
No minor under the age of twenty-one (21) years shall be permitted to loiter in or about the card room, or to play at any card table.
5-11-145 Hours of operation.
No card room shall operate or be opened to the public between the hours of 2:00 a.m. and 6:00 a.m. on any day.
5-11-150 Intoxicated persons.
It shall be illegal, and cause for revocation of any license issued under this Chapter to permit any intoxicated person on the premises occupied by any card room. The term “premises” shall be construed to mean the particular area used and occupied by the card tables in said card room.
5-11-155 Violation a misdemeanor.
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not exceeding one thousand dollars ($1,000), or by imprisonment in the County Jail not exceeding one (1) year or by both such fine and imprisonment.
5-11-160 Suspension or revocation of license.
Upon conviction for violation of any of the preceding sections of this Chapter or of any State law regulating card games, the City Manager may recommend to the Council that a card room or dealer’s license be suspended or revoked. The Council at its discretion may revoke or suspend such license.
Legislative History: Ord. 140 (3/1/66).