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HomeMy WebLinkAboutAgenda Report - October 5, 2005 K-06AGENDA ITEM VW ID &1& CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Discuss Lodi Municipal Code Title 5, Permits and Regulations, Chapter 5.12 Cardrooms, and Provide Direction to Staff Regarding Potential Revisions. MEETING DATE: October 5, 2005 City Council Meeting PREPARED BY: City Attorney RECOMME14DED ACTION: Discuss existing card room ordinance and provide direction to staff regarding potential revisions to same BACKGROUND INFORMATION: This item was put on the agenda for discussion and direction at the request of Councilman Johnson with concurrence from Councilman Hansen and Mayor Beckman. This is not on for action or actual revision of the ordinance but instead for discussion and direction to staff about council's desire for staff to return with a draft revision to the ordinance. FISCAL IMPACT: None. FUNDING: NIA APPROVED: Blair Ki ity Manager D n 11 Chapter 5.08 Sections: measures. 5.0&010 Statutory authority. S.0&020 :u lified organizations. 5.0&030 Compli ee with state 5.12.030 I'm 5.0&040 ears of operation. 5.0&010 Stat. Thi� chapter is enacted pursuant to the authority of Sedion 326.5 of the Penal Code. OPTiOr CDde „ >. 5.0&020 Qualifid All organizations,.u pursuant W section 326.5;: of Pa:-. d.. 1- condu ct bingo games within the .=J Compliance with state organizationsAll authorized Mall. Sections: measures. 5.12.41.0 Definitions. 5.12.020 Compliance with state law. 5.12.030 Li required, 5.12.040 License—Application. 5.12.050 License—Dema"I 5.12.150 grounds. 5.12.060 Lic n Appeal from denial. 5.12.070 Work permit— Required. 5.12.0$11 Work permit: Denial grounds. 5.12.090 Weak permit—Appeal from denial. 5.12.100 Work permit—Fee— Terat.,—Identification 5.1.2.410 Definitions. For the purpose of this chapter: A. " Cardro€ m" means any space, room or enclosure, fmaished or equipped with a table used or intended to be used as a cardtable for the playing of cards and simi- lar games, and the use of which is available to the public, or any portion of the public; provided, however, that this section shall 59 a,,odi 4.95) measures. 5.12.110 Work permit—Renewal. 5.12.120 Work permit—Failure to renew. 5.12.130 Suspension or revocation. 5.12.140 Rules and regulations. 5.12.150 State -prohibited games. 5.12.1.60 Business license required. 5.1.2.410 Definitions. For the purpose of this chapter: A. " Cardro€ m" means any space, room or enclosure, fmaished or equipped with a table used or intended to be used as a cardtable for the playing of cards and simi- lar games, and the use of which is available to the public, or any portion of the public; provided, however, that this section shall 59 a,,odi 4.95) � 5#1411F] f ONALMILIUMMUL, .> «>/IIIFM . ,. . . «.e»...o «. thisw»�� �wS:i« w,<2 . incidental 4 the main t<t»: of the religious, smiety.club > z »»: labor or t?»l3z2«»». B. nonprofit. religious, society,,2t fr"mal, >f«,;t»< organization a 2 can an entity Much. » Has :«t w<« » »: and<§:£>«¥ directors ana »wm®s.and » Has »«»«:> certificatefrom the :«2t»» m.2<< w: I!z< «4 the (L,cd! 4-95) mR W71M � � 11 11 United States Internal Revenue Service recognizing its tax-exempt status. (Prior code §§ 7-1, 7-2) 5.12-020 Compliance with state low. Any person or persons wishing to apply for any license or permit authorized in this chapter must comply Witb not only this chapter, but with Sections 330 through 337 of the California Penal Code. In each case where a license is issued, it shall be non- transferable. (Prior code § 7-4) 5.12-030 License—Required. It is unlawful for any person to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, main- tained or conducted, any card room in the city without first having secured a license to do so, or without complying with each regulation contained in this chapter pertain- ing to such cardroom. (Prior code § 7-3) 5.12-040 License—Application. A. Any applicant for a cardroom license shall submit his application to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The term "Persons financially interested" in- cludes all persons who share in the profits of the business, on the basis of gross or net revenue. The past criminal record, if any of the applicant and of all persons financially interested in the business shall be shown on such application. The application shall also be accompanied by fingerprints of the appli- cant and of persons financially interested in the business. B. The, applicant shall pay a fee to the finance department of the city to defray the cost of investigation in an amount as my be fixed and established from time to time by resolution of the city council. (Prior code § 7-5) 5.12.050 kens Denial grounds. The chief of police shall deny any appli- cant for a cardroorn license, a license to operate such room if: A,. The applicant has previously been convicted of a felony and a period of five years has not. expired from date of tennina- tion of confinement, parole and/or proba- tion; or B. The applicant has previously been convicted of one of the following misde- meanor violations and a period of three years has not elapsed from the date of ter- rnination of confinement, parole and/or probation: 1. Any theft from a person, 2. Any theft involving cheating, 3. Any series of petty thefts, 4. Any crime involving pimping, pan- dering or prostitution, 5. Any crime, involving bookmaking or gaining, 6. Any crime involving narcotics or dangerous drugs. (Prior code § 7-6) 5.12.060 License—Appeal from denial. The action of the chief of police in deny- ing such a license shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial of the h - cense. Upon failure to file such notice with- in the ten-day period, the action of the chief 69 (LDdi 7-99) 5. 12.060 cifpollee in decaying such license shall be B. The applicant has previously been fugal nd conclusive. (prior code § 7-7) convicted of one of the following misde- meanor violations and a period of two years 5.12.070 Work permit—Required. has not elapsed from the date of termination A. Each cardroom employee must obtain of confinement, parole and/or probation; and possess a valid work permit issued by I. Any theft from a person, the chief of police. "Cardroom employees" 2. Any theft involving cheating, for the purpose set forth in this section, 3. Any series of petty thefts, mean$ dealers, overseers and others directly 4. .Any cringe involving pimping, pan - .connected. with the operation and supervi- deri€ag or prostitution, stun -of the cardtables excluding waitresses, 5. Any carne involving bookmaking or .bartenders, culihary4orkers and others not gaining, connected with such operation and supervi- 6. Any crime involving narcotics or sign. ,Applications for such work permits dangerous dregs. (Prior code § 7-9) shall be submitted under oath and contain the past criminal record; if any, of the alapli- 5.12.090 Work permit—Appeal cant and such information as may be neces- from denial. sary to deterinine whether the applicant is The action of the chief of police in deny_ a proper person to be employed in a card- ing such work permit shall be subject to an room.. Fingerprints of the applicant shall accompany the application. A, work permit appeal to the city manager. Notice of such appeal shall be filed with the city clerk shall be issued only to persons twenty-one within ten days after the denial of the work years of age or older. permit. Upon failure to file such notice B. Any application for a work permit within the ten-day period, the action of the shall be subject to objection by the state chief of police in denying such work permit division, If the division objects to the issu- shall be final and conclusive. (Prior cede § ance of a work permit it shall be denied. 7-10) :.Such a denial may be reviewed in accor- dance with the (gambling Goggia/ Act (Basi- 5.1.2®100 Work permit Fee— mess and Professions Code Section 19801 et Te Identification seg.)o (Ord. 1671 § 1, 1999) measures. A. Each application for a work permit 5.12.080 Work permit—Denial shall be accompanied by an application fee, grounds. to be paid to the finance department, in an The chief of police shall deny to such amount as may be fixed and established applicant a work pennit if: from time to time by resolution of the city A.. The applicant has previously been council. The fee shall not be returned in the convicted of a felony, and a period of five event that such work permit is refused, years has not elapsed from the date of ter- revoked or suspended as provided in this mination of confinement, parole and/or chapter. probation, or B. The work permit shall be valid even though the holder of the permit may change (],odi 7.99) 70 his place of employment within the city. Upon approval. of a work permit, the work pennit.shall be valid, unless suspended or revoked, for a period of one year from date of issuance. C. In order that the chief of police may investigate the applicant's qualifications and fitness. to receive a cardroorn employee work permit; every applicant shall be photo- graphed and fingerprinted. (Prior code § 7-11) 5.12.110 Work pern-dt—Renewal. Any person :who holds a valid cardroom employee work permit may obtain a new permit for the succeeding year by applying for the new permit during the month pre- ceding the expiration date of the current permit. Cost for the new permit, which shall include the cost of a new identification card, shall be paid to the (mance depart- ment, and shall be an amount as fixed and established ftom time to time by resolution of the city council. (Prior code § 7-12) 5.12.120 Work pe t ---Failure to renew. If the holder of a cardroorn employee work permit fails to renew the permit, his permit shall cease to be valid and he must make application for a new permit, if de- sired, as provided in this chapter. (Prior code § 7-13) 5.12-130 SuWnsion or revocation—Procedure. A. The chief of police has the right for cause to revoke or suspend any cardroorn license or card room work permit issued under this chapter and to take possession of such permits. B. Any of the grounds upon which the chief of police is required to refuse to issue an initial cardroom license or cardroorn work permit also constitutes grounds for such revocation or suspension.. In addition, the failure of a holder of a mrdroom license or cardroorn work permit to comply with the provisions set forth in this chapter also constitutes grounds for revocation or sus- pension of such license or work pen -nit. C. Suspension or revocation of a card - room work permit shall be made only after a hearing granted to the holder of such permit before the chief of police, after five days' notice to the pen -nit holder, setting forth the grounds of the, complaint against him and stating the time and place where such hearing will be held. The action of the chief of police in this respect is subject to an appeal to the city manager. Notice of such appeal shall be filed with the city clerk within ten days after the revocation or sus- pension. Upon failure to file such notice within the ten-day period, the action of the chief of police in revoking or suspending the, license or work permit shall be final and conclusive- (Prior code § 7-14) 5.12.140 Rules and regulations. It is unlawful to operate a cardroorn in violation of any of the following regulations and rules: A. Not more than one cardroom, shall be located at any one address. B. No game except lowball, draw poker, without variations as defined by Hoyle, pinochle, pangini, rummy and contract or auction bridge shall be played in any card - room. C. Not more than six tables shall be permitted in any cardroorn. No more than 71 tLodi 7-99) 0. six tables shall be permitted to operate in accordance with the terms of this chapter, within the city. and with the provisions of the Penal Code D, Not more than seven players shall be of the state. This person may have more permitted at any one cardtable. than one table under his supervision. He E. Cardrooms shall be located on the shall not, however, participate in the game. ground floor, and so arranged that card- L. No signs or other insignia advertising tables and the players at the tables shall be or relative to cardrooms shall be permitted plainly visible from the front door opening upon the exterior of any premises occupied when the door is opened. No wall, partition, as a cardroom. screen or similar structure between the front M. There shall be posted in every card - door opening on the street and any cardtable room in letters plainly visible from all parts located in the cardroom shall be permitted thereof, signs stating that no game except if it interferes with the visibility. lowball, draw poker without variations as No gambling establishment may be locat- defined by Hoyle, pinochle, pangini, rummy ed in any zone which has not been specifi- and contract or auction bridge shall be cally approved for such a business. Addi- played in the cardroom. These signs shall tionally none may be located near any of also contain such other information relating the unsuitable areas, as specified in Busi- to the regulations contained in this chapter ness and Professions Code Section 19852 as the chief of police may require. (a) (3). N. No person who is in a state of intoxi- R No minor shall be permitted at any cation shall be permitted in any cardroom. cardtable, nor shall any minor be permitted O. The sale, purchase, transfer, assign - to participate in any game played thereat, ment or pledge of any property, or of any G. All cardroom shall be closed at two document evidencing title to the same, is a.m. and shall remain closed until ten a.i . prohibited in any cardroom. of the following day. Cardrooms may be P. The operator or his employees shall operated seven days a week. A cardroorn not extend credit to a player, nor shall he shall adopt a schedule of hours of operation accept IOU's or other notes, loan money to before it shall. be allowed to operate. Such any person on any ring, watch or other schedule shall be approved by the city. article of personal property for the purpose Such approved schedule of hours shall be of securing tokens, chips or other represen- clearly posted at the cardroom in order to tatives of money as an ante. provide adequate notice of its hours of Q. No shills shall engage in card games. Operation. This prohibition shall not apply to house H. All car rooms shall be. open to police players, provided they wear a badge in a inspection during all hours of operation. conspicuous place, which badge identifies I. Only table stakes shall be permitted, them as employees of the licensee. J. The cashing of bank checks for play- R. Patron Security and Safety. Each ers shall not be permitted in any cardroorn. cardroom: license shall be responsible and K, Bach cardtable shall have assigned to liable for its patrons safety and security in it a person whose duty shall be to supervise and around the cardroom establishment. the game to see to it that it is played strictly Before it shall be allowed to operate, each (Lodi 7-99) 72 caTdroom shall adopt a plan, to be approved by the city, to provide for the safety and security of its patrons. (Ord. 1671 §§ 2, 3, 1999; prior code § 7-16) 5.12,150 State -prohibited games. The city council declares that it is not the intention of tliis chapter to permit the li- censing of any cardroom for the playing of any gaine prohibited by the laws of the state, including but not limited to those games enumerated in Section 330 of the Penal Code of the state, which section in- cludes banking and percentage games. (Pri- or code § 7-17) .5.12.160 Business license required. Operators of cardrooms shall be required to obtain a business license pur- suant ur ' - suant to Chapter 5.04 of this code. (Prior code § 7-18) E 72-1 5,12.140 (1,04i 7-99)