Chapter 5.48
CARDROOMS AND TABLES*
* For penal provisions relating to “gaming” in general, see California Penal Code, Section 330, et seq.
Editor’s Note: Former Chapter 5.48, Cardrooms and Tables, was repealed by Section 1 of Ord. 98-14.
Sections:
5.48.010 Concurrent Regulation With State.
5.48.020 Permit to Own or Operate a Gaming Club.
5.48.030 Denial of an Application for a Permit.
5.48.040 Revocation of Permit.
5.48.060 Alcoholic Beverages Prohibited.
5.48.070 Intoxicated Persons Prohibited.
5.48.080 Loitering Prohibited.
5.48.090 Location Requirements.
5.48.130 Number of Card Tables Permitted.
5.48.140 Number of Cardrooms Permitted.
5.48.150 Nonassignability of Permits.
5.48.160 Use of Blank Checks Prohibited.
5.48.170 Gamblers Anonymous Literature.
5.48.190 Registration of Employees.
5.48.010 Concurrent Regulation With State.
It is the stated intent of the ordinance codified in this chapter to regulate cardrooms and tables in the city of Santa Cruz concurrently with the State of California, to the extent authorized by, and as required by, the Gaming Registration Act codified at Business and Professions Code, Section 19800, et seq. and the regulations of the State of California Department of Justice Division of Gambling Control.
(Ord. 98-14 § 2 (part), 1998).
5.48.020 Permit to Own or Operate a Gaming Club.
Any person or entity must receive a permit from the Attorney General of California prior to owning or operating a cardroom within the city of Santa Cruz. In addition, a person or entity seeking to own or operate a cardroom must receive a permit for such activities from the city, to be issued and renewed yearly by the chief of police. The chief of police shall review each application, conduct any additional investigation which is deemed reasonable by the chief of police in assessing each application, and maintain a record of any person or entity who has received such a permit, including fingerprints and photographs.
(Ord. 98-14 § 2 (part), 1998).
5.48.030 Denial of An Application For a Permit.
The chief of police may deny an application for a cardroom permit for any of the following reasons:
a. The applicant has been convicted of a felony, convicted of any crime involving gambling, or convicted of a violation of the Gaming Registration Act codified at Business and Professions Code, Section 19800, et seq.
b. The applicant is under the age of twenty-one years.
c. The applicant has made a false statement in the application for a permit.
d. The applicant does not possess a current permit in good standing from the Attorney General of the State of California to operate a cardroom.
(Ord. 98-14 § 2 (part), 1998).
5.48.040 Revocation of Permit.
A permit to own or operate a cardroom may be revoked for any of the following reasons:
a. The owner or manager of the cardroom allows house players, shills or dummies to engage in card games.
b. The Attorney General revokes the owner or operator’s state permit.
c. The owner or manager of the cardroom violates the local cardroom regulations including Sections 5.48.010 through 5.48.200, inclusive.
d. The owner or manager of the cardroom is convicted of a felony, convicted of any state or federal law involving gambling including but not limited to a violation of the Gaming Registration Act codified at Business and Professions Code, Section 19800, et seq.
e. The owner fails to inform the chief of police of any change in employment status of a registered employee within ten days of the change in employment. “Change in employment status” shall include termination of employment, leave of absence, promotion or other change in job title.
(Ord. 98-14 § 2 (part), 1998).
5.48.050 Hours of Operation.
A licensee may set hours of operation up to and including twenty-four-hours a day. No licensee shall operate for more or less hours on a daily basis than as stated in its application for a license under the provisions of this chapter. The hours of operation must be clearly posted by the licensee to give patrons adequate notice of hours during which the licensee will remain open for business.
(Ord. 98-14 § 2 (part), 1998).
5.48.060 Alcoholic Beverages Prohibited.
No person shall possess alcoholic beverages within any cardroom. No cardroom owner, operator or employee shall allow alcoholic beverages to be stored, sold, served or consumed within any cardroom.
(Ord. 98-14 § 2 (part), 1998).
5.48.070 Intoxicated Persons Prohibited.
No cardroom owner, operator or employee shall permit any person to play any cardroom game while such person is obviously under the influence of an intoxicating beverage or drug.
(Ord. 98-14 § 2 (part), 1998).
5.48.080 Loitering Prohibited.
No cardroom owner, operator or employee shall permit any person to loiter within the cardroom while card games are in progress.
(Ord. 98-14 § 2 (part), 1998).
5.48.090 Location Requirements.
In the interest of promoting the public peace, safety and general welfare, cardrooms shall only be permitted in the CBD (Central Business District) as set forth in Chapter 24.10, Part 24 of the Santa Cruz Municipal Code.
(Ord. 98-14 § 2 (part), 1998).
5.48.100 Wagering Limits.
No cardroom owner, operator or employee shall permit any of the following:
a. Cardrooms shall establish wagering limits in accordance with such limitations as may be set from time to time by the State of California and the city of Santa Cruz. The city of Santa Cruz may set wagering limits by resolution adopted by the city council. Wagering limits shall be clearly posted to give the patrons adequate notice of the rules related to wagering.
b. Simultaneous hands or betting squares by the same player.
c. Bets made by any owner, operator, employee while on duty.
d. Bets made by a shill or dummy player.
(Ord. 98-14 § 2 (part), 1998).
5.48.110 Required Posting.
The following information must be posted in a conspicuous place in the cardroom:
a. The minimum buy in, table limits, and any other charges assessed of players at a table.
b. A set of detailed house rules applicable to the games played, which shall be posted in the form of a printed rule book.
c. A copy of the current valid city permit and the state permit issued by the Attorney General under the Gaming Registration Act.
d. Copies of the identifying badges of each owner, operator and employee.
(Ord. 98-14 § 2 (part), 1998).
5.48.120 Identification.
Each owner, operator and employee of a cardroom shall wear an identifying badge approved by the chief of police and bearing on its face a legend identifying the bearer, while the owner, operator or employee is in or around the cardroom premises. The badge shall be worn in a location visible to the public. If a person required to wear the badge is present during a card game, the badge shall be worn in a location easily visible to all persons playing in the card game.
(Ord. 98-14 § 2 (part), 1998).
5.48.130 Number of Card Tables Permitted.
A maximum of four card tables, with a maximum of nine players and one dealer per table, shall be allowed to operate in the city of Santa Cruz.
(Ord. 98-14 § 2 (part), 1998).
5.48.140 Number of Cardrooms Permitted.
A maximum of one cardroom shall be allowed to operate in the city of Santa Cruz.
(Ord. 98-14 § 2 (part), 1998).
5.48.150 Nonassignability of Permits.
Any time a cardroom changes ownership, the new owner must apply and qualify for a cardroom permit as provided by this chapter. No permit may be sold, transferred, or assigned by the permittee or by operation of law. Any sale, transfer or assignment, or attempt to sell, transfer or assign the permit shall be deemed to constitute a voluntary surrender of such permit, which shall thereafter be deemed terminated and void. This section does not restrict the right of any cardroom owner to sell, transfer or assign ownership interest in the cardroom itself.
(Ord. 98-14 § 2 (part), 1998).
5.48.160 Use of Blank Checks Prohibited.
No cardroom owner, operator or employee shall accept or cash any personal check which does not bear a dollar amount on the face of the check.
(Ord. 98-14 § 2 (part), 1998).
5.48.170 Gamblers Anonymous Literature.
All cardrooms shall make literature published by Gamblers Anonymous easily available in a visible location in the cardroom.
(Ord. 98-14 § 2 (part), 1998).
5.48.180 Security Measures.
All cardrooms shall take the following security measures:
a. The business records, papers, reports, audits, and books of account shall be made available for inspection and copying to the director of finance upon reasonable notice by the chief of police.
b. Any owner, operator or employee of the cardroom shall have an affirmative duty to immediately report all crimes occurring on the premises to the Santa Cruz Police Department.
c. Each licensee shall present on an annual basis a plan for security and safety of patrons of the licensee in and around the gaming establishment. The plan shall set forth such provisions as necessary to ensure the safety and security of patrons, including measures taken or instituted by the establishment to avoid follow home robberies. Licensees shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of the licensee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall be given on an annual basis at the same time as the licensee’s renewal application and shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the establishment for the preceding year.
(Ord. 98-14 § 2 (part), 1998).
5.48.190 Registration of Employees.
No cardroom shall employ any person who lacks current registration with the chief of police. Registration shall be provided as follows:
a. At least ten days prior to commencing work at the cardroom, a prospective cardroom employee must present himself or herself at the office of the chief of police during normal business hours for registration.
b. Each prospective employee shall complete an application, be fingerprinted, be photographed, certify the contents of the application under penalty of perjury, and submit to any further investigation required by the chief of police including, but not limited to, a criminal background check.
c. Each applicant must pay a registration fee as set forth in the schedule of fees established by resolution of the city council.
d. Within ten days of submission of the information required by subsection (b) of this section, the chief of police shall mail a written decision to the applicant stating that the registration application was granted or denied.
e. Each successful applicant shall receive a temporary identification card to allow the chief of police to obtain a Department of Justice report for the fingerprints submitted by the applicant. If the applicant does not violate any of the following subdivisions (i) through (iii), a permanent identification card shall be issued. If the applicant is in violation of any of the following subdivisions (i) through (iii), the temporary identification card shall be revoked and no permanent identification card shall be issued.
(i) The applicant has been convicted of a felony or convicted of any state or federal law involving gambling, including but not limited to a violation of the Gaming Registration Act codified at Business and Professions Code, Section 19800, et seq.
(ii) The applicant is under the age of twenty-one years.
(iii) The applicant has made a false statement in the application.
f. Registration shall expire after two years. A registered employee shall renew his or her registration with the chief of police by presenting himself or herself at the office of the chief of police during normal business hours.
g. The cardroom permittee shall inform the chief of police of any change in employment status of a registered employee within ten days of the change in employment. Change in employment status shall include termination of employment, leave of absence, promotion or other change in job title.
h. Division Approval Required. The city shall not issue a work permit under this chapter to any applicant if the State of California Division of Gambling Control of the Department of Justice objects to the issuance of said work permit.
(Ord. 98-14 § 2 (part), 1998).
5.48.200 Permit Fees.
No cardroom permit shall be issued or renewed without the payment of a permit fee as established by the schedule of fees adopted by resolution of the city council to defray administrative costs.
(Ord. 98-14 § 2 (part), 1998).
5.48.210 Violation.
a. Any person or entity violating or causing or permitting the violation of any of the provisions of this chapter shall be guilty of an infraction for the first offense, or of a misdemeanor for any subsequent offense(s) occurring within one year after the first offense.
b. Prior to citing a violator of this chapter, the permit officer may serve written notice upon such person or entity stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for compliance with the provisions of this chapter.
(Ord. 98-14 § 2 (part), 1998).