6-17. LAWFUL GAMBLING ESTABLISHMENTS, CONTROLLED GAMING, AND GAMBLING ENTERPRISE EMPLOYEES

CHAPTER 17. LAWFUL GAMBLING ESTABLISHMENTS, CONTROLLED GAMING, AND GAMBLING ENTERPRISE EMPLOYEES

ARTICLE 1. GENERAL PROVISIONS

6-17-1000 APPLICATION OF GENERAL PROVISIONS:

Unless the provisions of this Chapter provide otherwise, all of the provisions of Chapter 1 of this Part are applicable to the licenses referred to in this Chapter.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-1010 DEFINITIONS:

As used in this Chapter, the following definitions shall apply:

(a) "Applicant" means any person who has applied for, or is about to apply for, a County gambling license, or approval of any act or transaction for which County approval is required or permitted under this Chapter.

(b) "Controlled game" means any controlled game, which is played with cards, dominoes, playing tiles, tokens, or any device representing any numbered, spotted or faced playing card or domino.

(c) "Expansion" means an increase of 25 percent or more in the number of authorized gambling tables in a gambling establishment, based on the number of gambling tables for which a license initially was issued.

(d) "Finding of suitability" means a finding that a person meets the qualification criteria described in Business and Professions Code section 19857, and that the person would not be disqualified from holding a state gambling license on any of the grounds specified in Business and Professions Code section 19859.

(e) "Game" and "gambling game" means any controlled game.

(f) "Gambling" means to deal, operate, carry on, conduct, maintain, or expose for play any controlled game.

(g) "Gambling enterprise card dealer" means any natural person employed in the operation of a gambling enterprise who engages in the business of dealing cards in a gaming club and who receives compensation for his or her services.

(h) "Gambling establishment" or "establishment" (including "card room" or "gaming club") means one or more rooms where any controlled gambling occurs.

(i) "Gambling license" (including "card room license" or "gaming club license") means any license issued by the County, unless otherwise specified, that authorizes the person named therein to conduct a gambling operation.

(j) "Gambling operation" means one or more controlled games that are dealt, operated, carried on, conducted, maintained, or exposed for play for commercial gain.

(k) "Key employee" means any natural person employed in the operation of a gambling enterprise in a supervisory capacity or empowered to make discretionary decisions that regulate gambling operations, including, without limitation, pit bosses, shift bosses, credit executives, cashier operations supervisors, gambling operation managers and assistant managers, managers or supervisors of security employees, or any other natural person designated as a key employee by the division for reasons consistent with the policies of this Chapter.

(l) "Licensed gambling establishment" means the gambling premises encompassed by a County gambling license.

(m) "Owner licensee" means an owner of a gambling enterprise who holds a County gambling license.

(n) "Person" unless otherwise indicated includes a natural person, corporation, partnership, limited partnership, trust, joint venture, association, or any other business organization.

(o) "Work permit" means any card, certificate, or permit issued by the California Gambling Control Commission or by the County, whether denominated as a work permit, registration card, or otherwise, authorizing the holder to be employed as a gambling enterprise employee (as defined in Bus. & Prof. Code, § 19805).

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-1020 INTENT OF THE COUNTY: REQUIREMENTS OF GAMBLING CONTROL ACT OF 1997:

By adopting this Chapter, it is the intent of the County to comply with the mandates of the Gambling Control Act (Bus. & Prof. Code, § 19800 et seq.), as adopted and as amended from time to time. The Gambling Control Act provides for uniform, minimum standards of regulation of permissible gambling activities and the operation of lawful gambling establishments (Bus. & Prof. Code, § 19802, subd. (a)).

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-1030 PERMITTED SUBJECT MATTER OF REGULATION BY LOCAL ORDINANCE:

Under Business and Professions Code section 19964, the issuance of a state gambling license to a person imposes no requirements upon the County to issue a license to the person. Nothing in the Gambling Control Act shall be construed to preclude the County from:

(a) Prohibiting any gambling activity;

(b) Imposing more stringent local controls or conditions upon gambling;

(d) Imposing any local tax or license fee;

if the prohibition, control, condition, inspection, or fee is not inconsistent with the Gambling Control Act.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-1040 SEVERABILITY:

If any clause, sentence, paragraph, or part of this Chapter, for any reason, is adjudged by a court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate the remainder of this Chapter and the application thereof to other persons or circumstances, but shall be confined to the operation of the clause, sentence, paragraph, or part thereof directly involved in the controversy in which the judgment was rendered and to the person or circumstances involved.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-1050 LIBERAL CONSTRUCTION:

This Chapter is an exercise of the police power of the County for the protection of the health, safety, and welfare of the people of the County and shall be liberally construed to effectuate those purposes.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-1060 GAMING ESTABLISHMENT: LICENSE REQUIRED:

Any person who operates a gambling establishment within the County shall have a valid license to engage in such business issued by the State of California pursuant to the Gambling Control Act and also a valid license issued by the County. A copy of the state license application and the license shall be filed with the license collector prior to the operation of any gambling establishment. A gambling establishment license does not authorize the licensee to engage in the business of a gambling enterprise employee.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-1070 GAMBLING ENTERPRISE EMPLOYEE: LICENSE REQUIRED:

Any person who engages in the business of a gambling enterprise card dealer within the County shall have a valid license to engage in such business issued by the County.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 2. APPLICATION; FEE

6-17-2000 GAMBLING ESTABLISHMENT LICENSE APPLICATION: FORM:

In addition to compliance with the requirements set out in Article 1 of this Chapter, and the Gambling Control Act as amended from time to time, the applicant shall specify in the license application the number of controlled gaming tables that will be available for use and the seating capacity of each table. The application shall include the following to ensure patron security and safety:

(a) Detailed floor plans of the interior of the proposed gambling establishment specifying at a minimum:

(1) The location of all controlled game playing areas:

(2) The manner in which the controlled game playing areas shall be separated from other areas.

(3) The location of any and all other proposed businesses and facilities on the gambling establishment premises.

(4) The means for excluding persons under 21 years of age from controlled game playing areas.

(b) Detailed plans of the parking facilities including a lighting and security plan.

(d) A detailed statement and description of all plans, 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.

(4) Procedures for determining and depositing daily gross receipts.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-2010 NOTICE OF APPLICATION:

Within three (3) days after an application for a County gambling establishment license has been filed with him or her, the license collector shall cause a notice of such application to be posted and maintained for a period of ten (10) days outside of, and in proximity to, the main entrance of the proposed business premises. The license collector shall not issue a County gambling establishment license until after the expiration of said ten (10) day period. This section shall not apply to an application for renewal of a valid license.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-2020 LICENSE FEES: TERM:

(a) The annual fee for a County license to operate a gambling establishment shall be set from time to time by resolution of the Board of Supervisors. A separate fee shall be charged for each table that will be available on the business premises for the playing of any controlled game.

(b) The annual fee for a County license to perform the services of a gambling enterprise employee shall be set from time to time by resolution of the Board of Supervisors.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-2030 GAMBLING ESTABLISHMENT: INCREASE IN NUMBER OF TABLES:

(a) Any person who has a valid County gambling establishment (gaming club or card room) license as of January 1, 1996, may file a supplemental written application with the license collector requesting that his or her license be amended to increase the number of tables that will be available for the playing of any controlled game, subject to the limitations contained in the Gambling Control Act.

(b) If the Sheriff determines that such an increase in the number of tables will not be contrary to the public interest and is unlikely to generate additional demands on law enforcement, the license collector shall amend the license to reflect the increase in the number of tables upon payment by the licensee of the additional license fee.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-2040 GAMBLING ENTERPRISE EMPLOYEE: FORM OF LICENSE:

Every gambling enterprise employee license shall bear the photograph of the licensee. The licensee shall furnish to the license collector the number, size, and type of photographs required by the license collector. The license collector shall affix one photograph to the license.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

ARTICLE 3. RESTRICTIONS ON OPERATIONS

6-17-3000 AGE RESTRICTIONS:

It shall be unlawful and a violation of this Ordinance Code for a licensee to permit any person under the age of 21 to do any of the following:

(1) Play, be allowed to play, place wagers at, or collect winnings from, whether personally or through an agent, any gambling game.

(2) Loiter or remain, or be permitted to loiter or remain, in or about any room wherein any gambling game is operated or conducted.

(3) Be employed as an employee in a licensed gambling establishment except in a parking lot, coffee shop, restaurant, business office, or other similar room wherein no gambling activity or activity directly associated with gambling takes place.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-3010 HOURS OF OPERATION:

It shall be unlawful and a violation of the Ordinance Code for any licensee to permit a gambling establishment to remain open, or to permit any controlled game to be played in a gambling establishment, or for any gambling enterprise employee to perform his or her services, between the hours of 2:00 a.m. and 8:00 a.m. of any day.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-3020 ADDITIONAL HOURS OF OPERATION:

(a) Notwithstanding the provisions of section 6-17-3010 and subject to the limitations of the Gambling Control Act, an establishment owner licensee, or any potential owner licensee for a gambling establishment existing as of January 1, 1996, may request an amendment to the qualifying establishment (gaming room or card room) license to increase the hours of operation of the gambling establishment by an amount of less than 25% of the hours permitted by Section 6-17-3010, as long as such hours of operation do not equal or exceed 22 1/2 hours a day.

(b) Any existing gambling establishment owner or potential owner licensee who desires to so increase the hours of operation shall submit an application to amend the current license, which application shall be subject to the investigation, investigation fees and approval process set forth in Chapter 1 of this Part.

(c) The amendment to the license permitting increased hours of operation shall be subject to suspension, revocation or renewal as set forth in Chapter 1 of this Part, independent of the license to operate during the restricted hours set forth in section 6-17-3010.

(d) Notwithstanding section 6-17-3010, it shall be lawful for gambling enterprise employees to perform their services between 2:00 a.m. and 8:00 a.m. in any gambling establishment licensed to operate with extended hours of operation under this section.

(e) The hours of operation shall be posted in a conspicuous location in the gambling establishment to give patrons adequate notice of the hours during which the establishment will be open for business.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-3030 PATRON SECURITY AND SAFETY:

(a) The owner licensee of a gambling establishment shall be liable for the security and safety of the patrons in compliance with the Gambling Control Act as amended from time to time. Any permitted limitations on liability allowed by the Gambling Control Act shall be posted clearly to give the patrons adequate notice. Failure to post such limitations shall be a violation of this Ordinance Code.

(b) Failure to abide by the patron security and safety plan outlined in the application for license provided for in this Chapter shall be a violation of this Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-3040 PATRON SECURITY AND SAFETY: REQUIREMENTS AND PROHIBITIONS:

The owner licensee shall be liable if he or she permits or allows an agent or employee to permit a person to:

(a) Enter a gambling establishment while such person appears to be obviously under the influence of any intoxicating beverage, narcotic, or drug.

(b) Play in any controlled game at any time while such person is obviously under the influence of any intoxicating beverage, narcotic, or drug.

(c) Enter or remain in a gambling establishment who engages in or has been convicted of bookmaking, loan sharking, the sale of controlled substances, illegal gambling activities, prostitution, pimping, pandering or whose presence in or about such gambling establishment would be inimical to the interests of legitimate gaming.

(d) Violate any federal, state, and local laws, rules and regulations on the gambling establishment premises.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-3050 LOCATION OF GAMBLING ESTABLISHMENTS:

(a) Gambling establishments shall be permitted only in the zone or zones where allowed or permitted by the County Zoning Ordinance (uncodified Ord. No. 352), as amended from time to time. Non-compliance with this section shall be both a violation of this Ordinance Code and the County Zoning Ordinance.

(b) No new gambling establishment or expansion of an existing gambling establishment shall be permitted within 500 yards of an existing school, an existing building used primarily as a place of worship, an existing playground or other area of juvenile congregation, an existing hospital, convalescence facility, or another similarly unsuitable area as determined by the Resource Management Agency.

(c) The County shall deny a license to a proposed gambling establishment or expansion of an existing gambling establishment if the County finds that the gambling establishment or expansion would tend unduly to create law enforcement problems in the County, a city within the County, an adjoining county, or a city within that county.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-3060 WAGERING LIMITS:

(a) No gambling establishment permittee, owner or employee shall allow any persons playing in any controlled game to make any single bet or wager in excess of two hundred dollars ($200.00) or at any time during any game to permit an ante in excess of two hundred dollars ($200.00) total sum anted by players participating in the game.

(b) The owner licensee shall post in a conspicuous location all County, house or table wagering limits to give the patrons adequate notice of the rules relating to wagering. Failure to post wagering limits shall be a violation of the Ordinance Code.

(Added by Ord. No. 3390, effective 8-20-09)

6-17-3070 LIMITATION ON AUTHORIZED TABLES:

(a) The maximum number of gambling tables (if permitted by the license issued by the County and subject to the limitations contained in the Gambling Control Act) to be operated in a single gambling establishment shall be five.

(b) The total number of gambling tables authorized, which may be permitted to be operated, in the County shall be twelve, pursuant to the limitations contained in the Gambling Control Act.

(c) Temporary uses of gambling tables in tournaments and other special events shall be permitted only if prior written authorization is obtained by the gambling establishment from the California Gambling Control Commission pursuant to its applicable regulations. A copy of the authorization shall be delivered to or received by the license collector and the Sheriff prior to the special event and a copy also shall be posted on the premises for the duration of the special event.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-3080 INSPECTION OF PREMISES:

(a) All gambling establishments shall be open for inspection during normal business hours to the Sheriff, the license collector, the Health Department, the Fire Department, and the Resource Management Agency, or their duly authorized representatives, without search warrant. It shall be unlawful for any licensee to operate a gambling establishment in such a manner so as to make such gambling establishment difficult of access to peace officers or other County officials.

(b) All gambling establishment records, including, but not limited to, papers, books of account, ledgers, audits, reports, personnel records, information stored in computers and on computer tape or disks, video tape, microfilm or microfiche, shall be available for inspection and copying during normal business hours to the Sheriff, the license collector, or their duly authorized representatives, without search warrant.

(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)

6-17-3090 OPEN TO GENERAL PUBLIC:

A licensed gambling establishment shall be open to the general public.

(Added by Ord. No. 3390, effective 8-20-09)