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HomeMy WebLinkAboutAgenda Report - June 1, 1983 (47)Notice thereof having been published in accordance with law and affidavit of publication being on file in the office of the City Clerk, Mayer Olson called for the Public Hearing to consider the appeal of Jerry Steele, P. O. Box 253, Jackson, CA 95642, of the denial of a Card Roan Employee's License pursuant to City Code Section No. 7-4, et seq. APPEAL OF JERRY The matter was introduced by City Attorney Stein. Speaking STEELE RE on behalf of Mr. Steele was Mr. James S. Johnson, Vocational ISSUANCE OF A Rehabilitation Counselor. Mr. Steele also addressed the CARD ROOM Council on behalf of his appeal. EMPLOYEE'S LICENSE There being no other persons in the audience wishing to speak on the matter, the public portion of the hearing was closed. Following discussion, on motion of Mayor Olson, Murphy second, Council directed that the Police Departm it go forward with their investigation in this matter, and if no problems are encountered in the investigation process, that the requested license be issued to Mr. Steele at the earliest possible date. Mr. Jerry Steele P.O. Box 253 Jackson, Ca. 95642 CITY OF LODI CITY HALL, 221 WEST PINE STREET POST OFFICE BOX 320 LODI, CALIFORNIA 95241 (209) 334-5634 June 3, 1983 Subject: Appeal re denial of Card Room Ehployees License re - City of Lodi Code Section 7-1 et seq Dear Mr. Steele: HENRY A GLAVES. Ir. City Manager ALICE M. REIMCHE City Clerk RONALD M. STEIN City Attorney This letter will confirm the actions of the Lodi City council taken at its regular meeting of 6/1/83 whereby the Council following a public hearing on your here above reference. appeal directed the police department to go forward with the investigation as prescribed in Section 7-7 of the City Oode. Further, the Council directed that if no problems are encountered. in the investigation process, a card room work permit is to be issued to ycpa at the earliest possible date. Should you have any questions regarding this matter, please do not hesitate to call. Very truly -yours, Alice M. Reinrhe City Clerk r- oc: City Attorney Stein James Johnson, M.S. Vocatiaial Rehabilitation Counselor Chief Yates a 0 MrICE OF PUBLIC HEARING TO CONSIDER THE APPEAL OF JERRY S EELE, P. 0. BOX 253, JACKSON, CA 95642, OF THE DENIAL OF A CARD ROM EMPLOYEE'S LICENSE PURSUANT TO CMY CODE SECTION NO. 7-4 NOTICE ':S HEREBY GIVEN that on Wednesday, June 1, 1983 at the hour of 8:00 p.m. or its boon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the mil Chaadxrs, City Nall, 221 'Nest Pine Street, Lodi, California to consider the appeal of Jerry Steele, P. O. Box 253, Jackson, CA 95642, of the denial of a Card RDan Fmployee's License pursuant to City of Lodi City Code Section No. 7-4. Information regarding this item may be obtained in the office of the City Clerk, 221 West Pine Street, Lodi, California. All interested persons are invited to present their views on the matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statenents may be made at said hearing. Dated: May 18, 1983 By Order of the Lodi City a m=il Alice M. Reim City Clerk 0 May 4, 1983 Lodi City Council 221 W. Pine Street City Hall Lodi, California 95240 ATTN: Alice Reinche City Clerk RE: JERRY STEELE Denial of Card Room Employee's License Dear Ms. Reinche: U May this letter serve as a formal appeal of the decision by Chief Yates regarding the denial of my card room employee's license. My vocational rehabilitation counselor, James :Johnson, has spoken with the City attorney, Ronald Stein, who indicated my appeal may be heard during the May 18, 1983, City Council meeting. .Please take whatever steps are necessary to allow my vocational rehabilitation counselor and/or myself to speak before the City Council so to discuss my appeal. I was denied my license under Lodi City Code Section 7-4. I have been convicted of a felony in 1960. Since 1960, the only involvement I have had with the police has been a traffic violation in 1963. Currently; I am in a program of vocational rehabilitation. I have been looking for approximately 4 months for a suitable occupation, though was unable to find any that were within my physical capabilities. My physical condition is such that I must be allowed to sit or stand inter- mittently. I feel that if I am unable to work as a card room attendant, .mat I may have to receive supplemental assistance from County or State agencies. Again, please take whatever steps are necessary so that. I may be allowed to speak before the Lodi City Council and appeal Chief Yates' decision regarding my card room attendant's license. Sincerely, Jerry Steele cc: Russell Ro3t Jan Schubert Michael La Roche Ron Stein, Lodi City Attorney Henry Gables, Lodi City Manager Rehabilitation Fn"plop "onf Sorykox April 27, 1983 Henry A. Glh*zs Lodi City Manager 221 W. Pine Street City Hall Lodi, CA 95240 RE: Jerry Steele Card Room Attendant Lodi City Code Section 7-4 Dear Mr. Glades: JuiTe u, Jacromenro, %-A v",zo 'Ptibhe 38J -8522 As per our conversation this date, April 27, 1983, I sincerely appreciate your assistance in investigating the possibilities for Mr. Steele's reconsideration of his Card Room Operator's license. As you are aware, Chief of Police Gates denied Mr. Steele's license under Lodi City Code Section 7-4 as Mr. Steele had been convicted of a felony. In speaking with Identification Sergeant Flanders of the Lodi City Police, Mr. Steele's record indicated the following: 1953 - Convicted of petty theft. 1954 - Convicted of burglary. 1957 - Convicted of burglary. 1958 - Convicted of Second Degree Robbery. 1960 - Burglary. 1963 - Traffic Violation. Mr. Steele's record is completely free of any engagements with the law since 1963. Since 1963 through February of 1982, Mr. Steele had been in the employment of American Forest Products in Jackson, California. He had been an honorable citizen without any violations. Through working at American Forest Products, Mr. Steele sustained an injury to his back which has precluded him from returning to the heavy physical work he was performing at American Forest Products. , I began working with Mr. Steele in his vocational rehabilitation on October 7, 1982. From working with Mr. Steele I have found it extremely Y 0 Henry A. Glabes RE: Jerry Steele Page 2 - difficult to find him any occun"o ion due to his physical capabilities. Mr. Steele's back problems require that he be allowed either to sit or stand at will due to the pain he experiences froin either sitting or standing for extended periods of time. The position of the Card Room Attendant greatly suited Mr. Steele, as the position allows him to work within his physical capabilities. If Mr. Steele is allowed to obtain his Card Room Attendant's license he shall be guaranteed of a position at the Rendezevous Card Room located at 305E South Central Avenue, Lodi, California. If Mr. Steele is denied the license, I sincerely doubt if he shall return to any type of gainful employment. Once again, I sincerely appreciate your investigation of a reconsideration of Mr. Steele's license. Mr. Steele has demonstrated over the past 20 years his worthiness as a productive citizen, and through your assistance I hope we can maintain Mr. Steele's productivity. Respectfully yours, REHABILITATION EMPLOYMENT SERVICES J S S. OH►ISON , M.S. locational Rehabilitation Counselor cc: Russell Rost Jan Schubert Michael La Roche JSJ:sw CARD ROOMS § '-4 t n.:;., and rc(;ul:,ticnis. i �,.,rtc, pr.�hibitrd by aatc L•t��' nt�t Vcttttiltccl Defined. r t;:r I ill-I).�sc• of this cFtapter, a "card rt,rnil" is dcfit:ed tc_> l•c any l,M,ni ur enclosure, furnished or glutpped with a tattle 1t>e(l or ', •i t be list-( as a carol tabic for tits p1;1� in):; of ea; t,iic iltl rsitui� i;nr,, aril the t]se ctf Nvltich is availal,lc• to tine } 1..ti „f the }ttthlic , provicletl, however, th;it thi: st �ti m shall rn,l t„ artj tK>na Title tu,11profit society, clu1�, frttrrn:►1, labor or other :,,,. 7.2. License—Required. ,h:►!I he unl.1whil ft,r any persoh to eng;lgV in car carr. cm, or :+.uta;titt or co11d11ct, or ridge to he cn)tia};rd in. rtrrird on, mann it first having -,.I r conducted, arn�• card room in the city withc, :rt 1 a liccn.e to ,lo so., Or wi1110 t ccnnpl� in}; with each (at`o. i.t:n;nr�l in tl►is chapter pertaining to such carol rornn. Sec. 7.3, Same—Application. All applicant for a card rrx1111 license shall subrilit his application t!IV chid of polirc, which application shall be choler oath, and all 111chicle, anloiig other things, the true ltatiles and acietresses of ;Krsuns financially interested in the 1111sitless. The trrirl "persons t.ui; ialir interested" aha11 include all persons who share in the profits t11c huciltess, rn1 the 1+ssis of gross or net rc%,erlue. 'nic past criuli- ti rccurd, ii any• of the appiic:uit :111,1 of all persons financially itlter- ;t•l i1► the business shall be shown oil such application, The apphca• -n shall also he accompanied by fingerprints of the applicant and of wtm tit►ancially interested in the htisiness, A license may be is - a !mill to citizens Of the United States who ha�c resldc:d in the: issuance of :•ct:at\ for at least two years lint11ediatcly preceding tile .ech licence. (()rel. No. 522. § .) See. 7.4. Same—Denial. Che chief of police chatV cic 111 anv applic;l . for a card room license. !+corse to operate such C:11-tin��an if ;$ t .t i The applicant ha, ltrc•t tt 1u,l�• I'vet1 ron� it tett of a frlonl 511 4 c. WTI s 1 7-5 LODI CITY CODE. § 7-7 (b) The applicant has previously tKen convicted of any narcotics violation; or, (c) The applicant is not in the opinion of the chief of police a per- son of good moral character. (Ord. No. 522, § 3.) Sec. 7-5. Same --Appeal from denial. The action of the chief of police in denying such a license on the basis of the applicant not being a person of good moral character shall be subject to an appeal to a board of appeals consisting of the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial of the license. UK,-,. failure to file such notice within the ten-day period, the action of the chief of pc,lice in denying such license shall he final and conclusive. (Ord. No. 522, § 3.) Sea. 7-6. Sams—Assignment or transfer; only one license to one person. No person shall be granted a license to conduct more than one card room. No card room license shall to assignable or transferable. (Ord. No. 522, § 6.) Sec. 7-7. Work permit --Required application; qualifications of applicant. Card room employees must obtain a work permit from the chief of police. Card room employees for the purpose of this chapter are defined as dealers, overseers and others directly connected with the operation and supervision of the card tabus and excluding waitresses, bartenders, culinary workers and others not connected with such op- eration and supervision. Applications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be deemed by the chief of police necessary to determine whether the applicant is a proper person to be issued a card room work perrait. The applimbon shall also Le accompanied by fingerprints of the applicant. A work per- mit shall be issued only to citizens of the United States who have re- sided in the county for at least one year immediately preceding the issuance cf such work permit. ( Ord. No. 522, § 4.) .e 4 6-18 LODI CITY CODE $ 6-18 dence purpose. upon any lot within ;ire city, the family, or head thereof occupyi -ig such resit,ence house, may permit any relative or friend of such tamily to occupy for a term of not to exceed thirty days in the back yard of such lot, but not upon any adjoining or vacant lot, a camp car or trailer for sleeping purposes only, where the same is not prohibited as an auxiliary use under the terms and provisions of the zoning' regulations of the city; provided, that no rent shall be charged for the privilege of so maintaining such camp car, trailer or tent in or upon the back yard. ( Ord. No. 243, § 17.) Sec. 6-18. Register to be kept. The owner or operator of any such camp ground shall maintain, at all times, in an orderly fashion, a register upon which shall be signed or entered the names of persons over the age of eighteen years oc- cupying each camp car or trailer in such camp ground, the license number of each trailer or camp car, and motor number, if possible opposite the names of such occupants and the number of the camping space of such occupant shall also be entered after such names, and such register shall be kept at such camp ground at all times for a period of at least one year after such occupant has left or vacated such camp ground, and such records shall, at all times be open to the inspection of any and all police officers of the city, sheriffs or other peace officers of the state and United States. (Ord. No. 243, § 29.) CHAPTER 7. CAtttu Roows.' f 7-1. Defined. 1 /-2. License—Required. !i 7-3. Same—Application. 7-4. Same—Denial. f 7-S. Same --Appeal from denial. j 7-6. Same --Assignment or transfer; only one license to one p-rson. 7-7. Work permit—Required. application ; qualifications of applicant. li 7-8. Same—Deniai of application. 1 7-9. Same—Same—Appeal from denial. i 7-10. Same—Fee; .luration. i 7-11. Same --Exemptions to nonprofit societies, etc. 7-12. Extension or revocation of licenses and permits; appeal therefrom. IL As to Zoning, see ch. 27 of this Code. 1. For state law as to gaming, see P. C., 11 JM to 337(h). 58 Wt § 7-1 CARD KOOMS§ 7-4 § 7-13. Rules and regulations. § 7-14. Games prohibited by state lav not permitted Sec. 7-1. Defined. For the purpose of this chapter, a "card room" is defined to be anv space, room or enclosure, furnished or equiplxd with a table used or intended to be used as a card table for the playing of card: and simi- lar games, and the use of which is available to the public, or any portion of the public: provided, ho•vever, that this section shall not apply to any bona fide nonprofit society, club, fraternal, lat- ar or other organization. ( Ord. No. 522, § 2.) Sec. 7-2. License—Required. It shall be 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 comp!ying with etch regulation contained in this chapter pertaining to such card room. (Ord. ;:o. 522. § 1.) Sec. 7-3. Same --Application. An applicant for a card room 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 "p.rsons financially interested'' shall include all persons who share in the profits of the business, on the basis of gross or net revenue. The past crimi- nal record, if any, of the applicant and of all persons financially inter-. ested in the business shall be shown on such application. The applica- tior, shall also be accompanied by fingerprints of the applicant and of persons financially interested in the business. A license may be is- sued only to citizens of the united States who have resided in the county for at least two years immediately preceding the issuance of such license. ( Ord. No. 522, § 3.) Sec. 7-C Same—Denial. The chief of police shall deny any applicant for a card room license, a license to operate such card ra>m if: (a) The applicant has previously been convicted of a felony; 59 0 r'i� V 4 7-5 LODI CITY CODE 1 7-7 (b) The applicant has previously been convicted of any narcotics violation; or, (c) The applicant is not in the opinion of the chief of police a per- son of good moral character. ( Ord. No. 522, § 3.) Sea. 7.6. Same—Appeal from denial. The Action of the chief of police in denying such a license on the basis of the applicant not being a p_rson of good moral character shall be subject to an appeal to a board of appeals consisting of the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial of the license. Upon failure to file such notice within the ten-day period, the action of the chief of police in denying such license shall be final and conclusive. (Ord. No. 522, § 3.) Sec. 7-6. Same—Assignment or transfer; only one license to one person. No person shag be granted a license to conduct more than one card room. No card room license shall be assignable or transferable. (Ord. No. 522, § 6.) Sec. 7-7. Work permit—Required; application; qualifications of applicant. Card room employees must obtain a work permit from the chief of police. Card room employees for the purpose of this chapter are defined as dealers, oversee-rs and others directly connected with the operation and supervi'sir .he card tables and excluding waitresses, bartenders, culinary w• and others not connected with such op- eration and supervision. .pplications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be dcxmed by the chief of police necessary to determine whether the applicant is a proper person to be issued a card roam work permit. The application shall also be accompanied by fingerprints of the applicant. A work per. mit shall be issued only to citizens of the United States who have re- sided in the county for at least one year immediately preceding the issuance of such work permit. ( Ord. No. 522, § 4.) .E C` Sec. 7-8. Same—Denial of application. ""Wf 4 7-12 The chief of police shall deny to an applicant a work permit if: (a) The applicant has previously been convicted of a felony; (b) The applicant has previously been convicted of any narcotics violation; or, (c) The applicant is not in the opinion of the chief of police a per- son of good moral character. (Ord. No. 522, § 4.) Sec. 7-9. Same--Same—Appeal from denial The action of the chief of police in denying a work permit on ti• basis of the applicant not being a person of good moral character shall be subject to an appeal to a board of appeals composed of the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial of tiie work permit. Upon failure to file such notice within the ten-day period, the action of the chief of police in denying such work permit shall be final and conclusive. (Ord. No. 322, § 4.) Sec. 7-10. Same --Fee; duration. Each application for a work permit shall he act.ompanied by a fee of ten dollars and shall be valid for a period of otic year. The ten dol- lar fee shall not be returned in the event that the work permit is refused. revoked or suspended. Only one such work permit shall be required each year, even thoagh the holder of the work permit may change his place of employment within the city. (Ord. No. 522, § 4) Sec. 7-11. Same --Exemptions to nonprofit societi �s, eta. A nonprofit scxiety, club, fraternal, labor or other organization having adopted by-laws and duly elected directors and members may be granted a pe nit without fee by the chief of police, when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other organization, and no charge is made for any of the facilities. (Ord. No. 522, § 8.) Seo. 7-12. Extension or revocation of licenses and permits; ap- peal therefrom. The chief of police shall have the right for cause to revoke or suspend any card roam license or card room work permit issued Cf] �.1 Sec. 7-8. Same—Denial of application. ""Wf 4 7-12 The chief of police shall deny to an applicant a work permit if: (a) The applicant has previously been convicted of a felony; (b) The applicant has previously been convicted of any narcotics violation; or, (c) The applicant is not in the opinion of the chief of police a per- son of good moral character. (Ord. No. 522, § 4.) Sec. 7-9. Same--Same—Appeal from denial The action of the chief of police in denying a work permit on ti• basis of the applicant not being a person of good moral character shall be subject to an appeal to a board of appeals composed of the city council. Notice of such appeal shall be filed with the city clerk within ten days after the denial of tiie work permit. Upon failure to file such notice within the ten-day period, the action of the chief of police in denying such work permit shall be final and conclusive. (Ord. No. 322, § 4.) Sec. 7-10. Same --Fee; duration. Each application for a work permit shall he act.ompanied by a fee of ten dollars and shall be valid for a period of otic year. The ten dol- lar fee shall not be returned in the event that the work permit is refused. revoked or suspended. Only one such work permit shall be required each year, even thoagh the holder of the work permit may change his place of employment within the city. (Ord. No. 522, § 4) Sec. 7-11. Same --Exemptions to nonprofit societi �s, eta. A nonprofit scxiety, club, fraternal, labor or other organization having adopted by-laws and duly elected directors and members may be granted a pe nit without fee by the chief of police, when it appears that the tables are for the exclusive use of members of the society, club, fraternal, labor or other organization, and no charge is made for any of the facilities. (Ord. No. 522, § 8.) Seo. 7-12. Extension or revocation of licenses and permits; ap- peal therefrom. The chief of police shall have the right for cause to revoke or suspend any card roam license or card room work permit issued Cf] i -13 LO;DI CIr CODE 17-13 hereunder And to I take po ession of such permits. Any of the 0ounds t ,.,which the r,'�icf of polio shah he required to refuse to isst a an iridis l_ card .resin license or card room stark permit shall Also c6nwtute grounds "for ss" revocation or suspension. In addition the failure of a holder: of a ' cm4 room license -or • card roods work mn* to axri* with tint provisi sof this chapter shall: alio Con- m4tuta , r s for r"roc &Son ,or suspension of such %ense or -work; pecatit.-,,­Theactors of tilt chief of police .in thin , respect shall be 111*10d to aaa apprvai t0 a board of appealscocriposed,of:.the t-3ty cour,- cii.:.d Notk* of. such. eppeal :hall be filed with the d" ..a:Ierk within ten days after, the: raracation or.' a<uspensi�. Upon fiilure to. fele such bodce wit}i lbe .ten_da' y period. the action of the chief ol polire in rtvokin� oar, suspending,. tie lkx-m.ae or work permit shall be final and co�tliusiye. : (Card.: No. - Ste?, � 3,.) •.. ice. & �it>h atnd+s. it all` be �nnlawrful to operate s card room in violati� of any of the following regulat ims and rules: (a) Not more than one card room shall be located at any mm ad�- drs.= , No, gsune �ccetet _ low -ball, draw poker, without variations as deAtiid by Hayle,.: pino-chle, pangiai, rummy, mid I soft et : w a! r 7-14 CIVIL. DEFENSE AND DISASTER § 7-14 i (j) The cashing of bank checks for players shall not be permitted �- �. in any card room. (k) Each card table shall have assigned to it a person whose duty shall be to supervise the game and to see to it that it is played strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the state. This person may have more than one table under his supervision. He shall not, however, participate in the Tame. (l) No signs or other insignia advertising or relative to card rooms shall be permitted upon tht exterior of any premises occupied as a card room. (m) There shall be posted in every card room in letters plainly visible from all parts thereof, signs stating that no game except low - ball, draw poker without variations as defined by Hoyle, pinochle, pangini, rummy and contract or auction bridge shall be played in the card room. These signs shall also contain such other information relating to the regulations contained herein as the chief of police may require. (n) No person who is in a state of intoxication shall be permitted in any card room. (Ord. No. 522, § 7.) C} c Sec. 7-14. Games prohibited by state law not permitted. The city council hereby declares that it is not the intention of this chapter to permit the licensing of any card room for the playing of any game 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 includes banking and percentage games. (Ord. No. 522, § 9.) CHAPTER & EmERGENCY SERVICES. f 8-1. "Emergency" defined. § 8-2. Purposes of chapter. § 8-3. Emergency services council—Created; membership. § 8-4. Same—Powers and duties. i 8-5. Director and coordinator of emergency services—Offices creaied. § 8-6. Same --Powers and duties. 8-7. Emergency organization. 1 8-8. Emergency operations plan. ¢ 8-9. Expenditures. § 8 -lo. I'rohihited acts - 63 Supp. 0-71 2 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE 522 AND REENACTING A NEW ORDINANCE REGULATING AND LICENSING CARD ROOMS IN THE CITY OF LODI, PROVIDING FOR THE REGULATION OF THE OWNERS AND EMPLOYEES OF SUCH ESTABLISHMENTS; FIXING A PENALTY FOR VIOLATIONS Be it Ordained by the City Council of the City of Lodi. Section 7-1. Card Room Defined. For the purpose of this chapter, a "card room" is defined to be any space, room or enclosure, furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games, and the use of which is available to the public, or any portion of the public; provided, however, that this section shall not apply to any bona fide religious, nonprofit society, club, fraternal, labor or other organization as defined in Section 7-2 hereof, where the use of the card room tables are for the exclusive use of its members, no charges are made for the use of the facilities, and the operation of the card room is incidental to the main purpose of the religious, society, club, fraternal, labor and other organizations. -1- Section 7-2. Nonprofit organization Defined. A nonprofit religious, society, club, fraternal, labor or other organization shall mean an entity which: (a) Has adopted by-laws, and duly elected directors and members; and (b) Has received a certificate from the California Franchise Tax Board and the United States Internal Revenue Service recognizing its tax exempt status. Section 7-3. License -Required. It shall be unlawful for any person to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any card root« in the city without first having secured a license to do so, or without complying with each regulation contained in this chapter pertaining to such card room. Section 7-4. Compliance with State Law Required. Any person or persons wishing to apply for any license or permit authorized in this chapter must comply with 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 nontransferable. Section 7-5. Application for License. Any applicant for a card room license shall submit his application to the Chief of Police of the City of Lodi which -2- AdF 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" shall include 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 applicant and of persons financiially interested in the business. The applicant shall pay a fee to the Finance Department of the City of Lodi to defray the cost of investigation in an amount as may be fixed and established from time to time by Resolution of the City Council. Section 7-6. Chief of Police Shall, Approve or Deny License. The Chief of Police shall deny any applicant for a card room license, a license to operate such room if; (a) Said applicant has previously been convicted of a felony and a period of five (5) years has not expired from date of termination of confinement, parole and/or probation, or (b) Said applicant has previously been convicted of one of the following misdemeanor violations and a -3- I period of three (3) years has not elapsed from the date of termination 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, pandering or prostitution; _y (5) Any crime involving bookmaking or gaming; (6) Any crime involving narcotics or dangerous drugs. Section 7-7. Appeal From Denial. The action of the Chief of Police in denying 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 license. Upon failure to file such notice within the ten-day period, the action of the Chief of Police in denying such license shall be final and conclusive. Section 7-8. Card Room Employee Work Permits. Each card room employee must obtain and possess a valid work permit issued by the Chief of Police. Card room employees for the purpose set Forth herein, are defined as dealers, overseers, and others directly connected with the operation and supervision -of the card tables excluding waitresses, bartenders, culinary workers and others not -4- connected with such operation and supervision. Applications for such work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant and such information as may be necessary to determine whether the applicant is a proper person to be employed in a card room. The application shall be accompanied by fingerprints of the applicant. A work permit shall be issued only to persons twenty-one (21) years of age or older. Section 7-9. Chief of Police Shall Approve or Deny Employee Work Permit. The Chief of Police shall deny to such applicant a work permit if: (a) Said applicant has previously been convicted of a felony, and a period of five (5) years has not elapsed from the date of termination of confinement, parole and/or probation; or (b) Said applicant has previously been convicted of one of the following misdemeanor violations and a period of two (2) years has not elapsed from the date of termination of confinement, parole and/or probation: (1) Any theft from a person; (2) Any theft involving cheating; -5- K (3) Any series of petty thefts; (4) Any crime involving pimping, pandering or prostitution; (5) Any crime involving bookmaking or gaming; (f) Any crime involving narcotics or dangerous drugs. Section 7-10. Appeal From Denial of Card Room Employee Work Permit. The action of the Chief of Police in denying such work permit shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the denial of said work permit. Upon failure to file such notice within the ten (10) day period, the action of the Chief of Police in denying such work permit shad be final and conclusive. Oection 7-11. Fee for Card Room Employee Work Permits. Each application for a work permit shall be accompanied by a fee, to be paid to the Finance Department of the City of Lodi in an amount as may be fixed and established from time to time by Resolution of the City Council. Said work permit shall be valid, unless suspended or revoked, for a period of one (1) year from date of issuance. The fee shall not be returned in the event that such work permit is refused, revoked or suspended as herein provided. Said work permit _:'Xiz. shall be valid even though the holder of said permit may change his place of employment within the City of Lodi. Section 7-12. Fee for Investigation. In order that the Chief of Police may investigate the applicant's qualifications and fitness to receive a Card Room Employee Work Permit, every applicant shall be photographed and fingerprinted. The applicant shall pay to the Finance Department of the City of Lodi a fee to defray the costs of said investigation in an amount as may be fixed and established from time to time by Resolution of the City Council. Section 7-13. Renewal of Work Permit. Any person who holds a valid Card Room Employee Work Permit may obtain a new permit for the succeeding year by applying for said new permit during the month preceding the expiration date of the current permit. Cost for said new permit, which shall include the cost of a new identification card, shall be paid to the Finance Department of the City of Lodi, and shall be an amount as fixed and established from time to time by Resolution of the City Council. r Section 7-14. Failure to obtain New Permit. If the holder of a Card Room Employee Work Permit fails to renew said permit, his permit shall cease to be valid -7- --N -.' Jow 1 1W and he must make application for a new permit, if desired, as provided above. Section 7-15. Suspension or Revocation of Card Room License or Card Room Employee Work Permit. The Chief of Police shall have the right for cause to revoke or suspend any card room license or card room work permit issued hereunder and to take possession of such permits. Any of the grounds upon which the Chief of Police shall be required to refuse to issue an initial card room license or card room work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a card room license or card room work permit to comply with the provisions set forth herein shall also constitute grounds for revocation or suspension of such license or work permit. 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 wive (5) days' notice to said permit 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 shall be subject to an appeal to the City Manager. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the revocation or suspension. Upon failure to file such notice within the ter, (10) day WE 1"A ' period, the action of the Chief of Police in revoking or suspending the license or work permit shall be final and conclusive. Section 7-16. Extension or Revocation of Licenses and Permits; Appeal T ere rom. The Chief of Police shall have the right for cause to revoke or suspend any card room license or card room work permit issued hereunder and to take possession of such permits. Any of the grounds upon which the Chief of Police shall be required to refuse to issue an initial card room license or card room work permit shall also constitute grounds for such revocation or suspension. In addition the failure of a holder of a card room license or card room work permit to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such license or work permit. The action of the Chief of Police in this respect shall be subject to an appeal to a board of appeals composed of the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the revocation - or suspension. Upon failure to file such notice within the ten (10) day period, the action of the Chief of Police in revoking or suspending the license or work permit shall be final and conclusive. -9- Section 7-17. Rules and Regulations. It shall be unlawful to operate a card room in violation of any of the following regulations and rules: (a) Not more than one card room shall be located at any one address. (b) No game except low -ball, 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 card room. (d) Not more than seven players shall be permitted at any one card table. (e) Card rooms shall be located on the ground floor, and so arranged that card tables and the players at the tables shall be plainly visible from the front door opening when the door is opened. No wall, partition, screen or similar structure between the front door opening on the street and any card table located in the card room shall be permitted if it interferes with the visibility. -10- r (f) No minor shall be permitted at any card table, or participate in any game played thereat. (g) All card rooms shall be closed at 2:00 A.M. and shall remain closed until 10:00 A.M. of the following day. Card rooms may be operated seven days a week. (h) All card rooms shall be open to police inspection [ during all hours of operation. (i) Only table stakes shall be permitted.; F 4 (j) The cashing of bank checks for players shall not be permitted in any card room. (k) Each card table shall have assigned to it a person whose duty shall be to supervise the game to see to it that it is played strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the State. This L. person may have more than one table under his 4 supervision. He shall not, however, participate in µ. the game. i (1) No signs or other insignia advertising or f; relative to card rooms shall be permitted upon the F exterior of any premises occupied as a card room. -11- (m) There shall be posted in every card room in letters plainly visible from all parts thereof, signs stating that no game except lowball, draw poker without variations as defined by Hoyle, pinochle, pangini, rummy and contract or auction bridge shall be played in the card room. These signs shall also contain such other information relating to the regulations contained herein as the Chief of Police may require. (o) The sale, purchase, transfer, assignment, or pledge of any property, or of any document evidencing title to the same is prohibited in any card room. (p) The operator or his employees shall not extend credit to a player, nor shall he accept IOU's or other notes, loan money to any person on any ring, watch or other article of personal property for the purpose of securing tokens, chips or other representatives of money as an ante. (q) No shills shall engage in card games. This prohibition shall not apply to house players, provided -12- (n) No person who is in a state of intoxication shall be permitted in any card room. (o) The sale, purchase, transfer, assignment, or pledge of any property, or of any document evidencing title to the same is prohibited in any card room. (p) The operator or his employees shall not extend credit to a player, nor shall he accept IOU's or other notes, loan money to any person on any ring, watch or other article of personal property for the purpose of securing tokens, chips or other representatives of money as an ante. (q) No shills shall engage in card games. This prohibition shall not apply to house players, provided -12- they wear a badge in a conspicuous place, which badge identifies them as employees of the licensee. Section 7-18. Games Prohibited by State Law Not Permitted. The City Council hereby declares that it is not the intention of this chapter to permit the licensing of any card room for the playing of any game prohibited by the laws of the State, including but not limited to those gamer, enumerated in Section 330 of the Penal Code of the State, which section includes banking and percentage games. Section 7-19. Operators of card rooms shall be required to obtain a business license pursuant to Chapter 12 of the Lodi City Code. 0 -13- 33 t t t• .-�. �ial May 4, 1983 Lodi City Council 221 w. Pine Street City Hall Lodi, California 95240 ATTN: Alice Reinche City Clerk RE: JERRY STEELE Denial of Card Room Employee's License Dear Ms. Reinche: May this letter serve as a formal appeal of the decision by Chief Yates regarding the denial of my carol room employee's license. My vocational rehabilitation counselor, James Johnson, has spoken with the City attorney, Ronald Stein, who indicated my appeal may be heard during the May 18, 1983, City Council meeting. Please take whatever steps are necessary to allow my vocational rehabilitation counselor and/or myself to speak before the City Council so to discuss my appeal. I was denied my license under Lodi City Code Section 7-4. I have been convicted of a felony in 1960. Since 1960, the only involvement I have had with the police has been a traffic violation in 1963. Currently; I am in a program of vocational rehabilitation. I have been looking for approximately 4 months for a suitable occupation, though was unable to find any that were within my physical capabilities. My physical condition is such that I must be allowed to sit or stand inter- mittently. I feel that if I am unable to work as a card room attendant, that I may have to receive supplemental assistance from County or State agencies. Again, please take whatever steps are necessary so that X may be allowed to speak before the Lodi City Council and appeal Chief Yates' decision regarding my card room attendant's license. Sincerely, Jerry .Steele ccs Russell Rost Jan Schubert Michael La Roche Ron Stein, Lodi City Attorney Henry Gables, Lodi City Manager 7991 Folsom Blued. v.sp, Socromen►o. CA 95826 RESRehablilfaflon fmploymanf Sarrlcai f r'" t bri 381-8522 t...�•- May 18, 1983 Lodi City Council 221 W. Pine Street City Hall Lodi, CA 95240 ATTN: Alice Reinche City Clerk RE: Jerry Steele Appeal of Cardroom Employee's License Dear Ms. Reinche: As per our conversation this date, May 18th, it is my understanding that Mr. Steele's appeal shall be set for public hearing on June 1, 1983. Please notify Mr. Steele and I of the time, date and place we are to meet so that his appeal may be presented by both he and I. Mr. Steele's address is as follows: Jerry Steele P.O. Box 253 Jackson, CA 95642 My address is as follows: Rehabilitation Employment Services 7991 Folsom Blvd., Suite D Sacramento, CA 95826 ATTN: James Johnson Thank you for your information and assistance regarding Mr. Steele's Appeal. Respectfully yours, 90cational IL I N EMPLOYMEN SERVICES JOHNSON, M.S. Rehabilitation Counselor cc: Russell Rost Jan Schubert Michael La Roche Ron Steine, Lodi City Attorney Henry Gables, Lodi City Manager HENRY A. CLAVES City Monogor To: From: Subject: A = CITY OF htg4oi POLICE DERARTMENT kA 290 WEST ELAfffiflP 13 LODI. CALIFORNIA 95240 {`�-`��� Al-t(�`ATI CI.E MARC YATES June 13, 1983 CtYY 0 ��Dt Chief of Polk• Henry A. Glaves, City Manager Marc Yates, Chief of Police Cardroom Dealer License As required by Lodi City Code, a background investigation was started for clearance of Jerry R. Steele. It was determined that Mr. Steele had several felony arrests in his background. As the City Code states no one who has been convicted of a felony shall be considered, the investi- gation was terminated and Mr. Steele was advised. At its last meeting, City Council directed the investigation be continued and, should no other felony arrests be determined, clearance should be made. As indicated, Mr. Steele's last arrest was for burglary on 7-25-60. We have found nothing since that time and recommend police clearance for this applicant. Respectfully submitted, RCS A Chief VIPolice MY: jkm cc: Robert H. Holm, Finance Director