HomeMy WebLinkAboutOrdinances - No. 1779O~DI~ANC~ NO. 1779
AN ORDINANC~ OF THE CITY COUNCIL OF THE CITY
AM~NRIN
S AND RE
MUNIClPAL CODE TITLE 5 -
IONS - BY R~PEALIN~ AND
R&&NAGT~N~ CHA~TE~ 5.12, ~~CA~DROOM~,"
IN ITS ~NTI~~TY
.....................................................................
BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
Section 1 lodi Municipal Code Title 5 - Permits and Regulations - is hereby amended
by repealing and reenac~ing Chapter 5.12, "Cardrooms," in its entirety and shall read as
follows:
Sections:
5.12.010
5.12.01 5
5.12.020
5.12.030
5.12.040
5.12.050
5.1 2.060
5.1 2.070
5.12.080
5.12.090
5.1 2.1 00
5.12.1 10
5.12.1 20
5.12.130
5.12.140
5.1 2.150
5.12.160
5.12.170
Chapter 5.12
Cardrooms
De~initions.
No Vested Right.
Compliance with Slate Law.
License-R~quired.
Li~ense- application^
~icens~-Renial Grounds.
Licens~Appeal from Denial.
Work Permit-Required.
Work Permit-Denial Grounds.
Work Perm~t-Appeal from Denial.
Work Permit-Fee-Term-Identification Measures
ork ~ermit-~en~wal.
ork Pe~mit-F~ilure to Renew.
usp pension or Revocation-Procedure.
Rules and Regulations.
tat~-Prohibited Games.
usiness License ~equ~red.
Gross Revenue Permit Fees.
For the purpose of this chapter:
A. '~Ca~droom" means any space, room, or enclosure, furnished or equipped with alable
used or intended to be used as a cardt~ble for the playing of cards and similar games, and
the use of which is available to the public, or any portion of the public.
B. "Cardroom employee" means any natural person employed in the operation of a
gambling enterprise, including, without limitation, dealers, floor personnel, security
employees, caun~~oom personnel, age personnel, collection personnel, surveillance
personnel, ~~ta~p~o(~essing personnel, appropriate maintenance personnel, waiters and
wailresses, and secretaries, or any other natural person whose employment duties require
or authorize access to restricted gambling ~stablishment areas.
evenue'~ means and includes seat rental fees, membership fees, table
, rental fees and charges~ and any and all other gaming revenues derived from
condu~~ed on or within the card room premises.
l Interest" means any direct or indirect financial interest in the management^
opera~ion, owner~hip, profits or revenue (grass or net) of a card rooin. A direct financial
interest means a moneta~ investment in a card room. An indirect financial interest means
wnin~ one percent (1 YO) or more of any entity, i.e., any business, corporation, joint venture
a~nership or trust that in turn has a direct f~nancial interest in a card room.
ht.
This article does not create any vested or other prope~y right of any kind in any permittee,
poin~holde~, key managEment employee, or other person. The city resetves the right to, at
any time, am~nd, modify, or repeal the provisions of this article and to othetwise regulate OF
ibit any privilege exercised her~under~ This resetvation includes but is not limited to the
of the city to amend, from lime to time, a permit issued pursuant to the terms of this
e by re~ol~tien of the City Council.
.I
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.
It is the stated purpose of this article to regulate card rooms in the City of Lodi concurrently
with the State of Califo~nia, and to ose local controls and regulations upon card rooms as
~odified in the ambling Control ' as c~di~ied in Division 8, Chapter 5 of the California
Profe~sions Code (commencing with Section 19800). All such references to
Control Act are to Division 8, Chapter 5 of the California Business and
ode, as may be amended.
Li
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, maintained~ or conducted, any card room in the city without fitst
having secured a license to do so, or without complying with each regulation conlained in
this chapter p~rtaining to such cardroom.
e-- n.
Any applicant for a cardraom license shall submit his application to the chief of
police, which applica~ion 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 fi~ancially interested" includes all persons who share in the profits of the business,
on the basis of gross or net revenue, The pas? criminal record, if any of the applicant and of
ail persons financially interes~ed in the business shall be shown on such application. The
applica~ion shall also be accompanied by fingerprints of the applicant and of persons
financ~ally interested in the bu~iness,
The applicant shall pay a fee lo the finance depa~ment of the city to defray the cost
of inves~iga~~on in an amount as may be fixed and established from time to time by resolution
of the city council.
.
2
The chief of police shall deny any applicant for a cardroom license, a license to operate such
room if:
A. The applicant has previously been convicted of a felony includin~ a conviction by a
federal court or a court in another state for a crime that would be a felony if commi~ed in
California; or
B. The ap~li~nt h s previously been convicted of a misde~eanor involving dish ones^,
gambling, or moral turpitude within the ?&year period immediately prec~ding the submission
of the application, unless the a~piicant has been granted relief pursuant to Section 1203.4,
1203.4a, or 1203.45 of !he Penal Code.
C.
and under ~usiness and ~rofessions Code Section 19~00 et seq.
D. The applicant fails to provide information, documentation, and assuranoes required
by this Chapter, or failure to reveal any fact material to qualification, or supplying false
information.
The applicant fails to clearly esta~lisli eli~ibili~y and qu~li~ica~ion under this ~ha~ter
licant with criminal profiteering activity or organi~ed crime as
the Penal Code.
I.
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 lo file such notice within the ten-day period, the action
of the chief of police in denying such license shali be final and conclusive.
it--
A. Each cardroom employ~e must obtain and possess a valid work permit issued by the
chief of police. Applications for such work permits shall be submitted under oath and
contain the past criminal record, if any, of the appiicant and such jnf~rmation as may be
necessary to d~termine whether the applicant is a proper person to be employed in a
cardtoom. Fin~erprints of the applicant shall accompany the application. A work permit shall
be issued only to persons 21 years of age or older.
work permit shail be subject to objection by the state division. If
usiness and Prof~ssions Code
. Any
the division objects to the issuance of a work permit, it sh be denied. Such a denial may
be reviewed in accordance with the ~am~ling Control Act
Section 19801 et seq.).
.l S.
The chief of police shall deny any applicant for a cardroom license, a license to operate such
room if:
A. The applicant has previously been convic~ed of a felony including a conviction by a
~edeFal court or a court in another state for a crime that would be a felony if committed in
ppli~nt has previously been convicted of a misdemeanor involving dishonesty,
oral turpi~ude within the ten-year period immediateis preceding the
appli~ation, unless the applicant has been granted relief pursuant to
03.4a, or 1203.45 of the Penal Code.
ails to clearly establish eli~ibility and qualification under this Chapter
nd Professions Code Section 19800 et seq.
ails to provide in~ormation, documenta~ion, and assurances required
ilure to reveal any fact material to ~ualification, or supplying false
in~ormation.
nal profiteering activity or organized crime as
The action of the chief of police in denying such work ~efmit shall be subject to an appeal to
the city mana tice of such appeal shall be filed with the city clerk within ten days after
the denial of k permit. Upon failure to file such notice within the ten-day period, the
action of the chief of police in denying such work pefmit shall be final and conclusive.
tifi n
A. Each ap~licarion fora work pe~m~rshall be accompanied by an application fee, to be
paid to the finance depa~menr~ in an a~ount as may be fixed and established from time to
time by resolu~ion of the city council. The fee shall not be returned in the event that such
work permit is refused, revoked, or suspended as provided in this chapter.
The work permit shall be valid even though the holder of the permit may change his
place of empiosm~nt within the city. Upon ~pproval of a work permit, the work permit shall be
valid, unless su$p~n~ed 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
f~tness to receive a c~rd~oom employee work permit, every applicant shall be photographed
and fingerp~in~ed.
.
.I 1
Any person who holds a valid ~a~dr~o~ (? ploy^^ work permit may obt
the succeed in^ year by apply in^ for the new permit during the month preceding the
expiration date of the current permit. Cost for the new permit, which shall include the cost of
a new identi~ica~ion card, shall be paid t5 the finance department, and shall be an amount as
fixed and e~tablished from time to time by resoilifion of the city council.
.t re t w.
If the holder of a cardroom 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 desired, as provided in
this chapter.
“1 rr R-- we.
A. The chief of police has the right for cause to revoke or suspend any cardroom
license or card room work permit issued under this chapter and to take possession of such
permits.
, Any of the grounds upon which the chief of police is required to refuse to issue an
initial cardroom license or cardroom work permit also constitutes grounds for such
revocation or suspension” In addition^ the failure of a holder of a cardroom license or
cardroom work permit to comply with the provisions set forth in this chapter also constitutes
g~ounds for revoca~ion or suspensjon of such license or work permit.
C. Suspension or revocation of a cardroom 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 permit holder, setting forth the grounds of the complaint against him and stating the
e where such hearing will be held. The action of the chief of police in this
‘ect 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 suspension. 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.
It is unlawful to operate a cardroom in vioiation of any of the following regutations and rules:
A. No? more than one cardroom shall be located at any one address,
. No game except lowball, dra poker, without variations as defined by Hoyle,
pinochle, ~a~~ini, rummy, Texas Hold m, and contract or auction bridge as those games
are defined by the California epartment of Justice, Division of Gaming Control, shall be
played in any cardroom.
C. Not more than eight tables shall be permitted in any cardroom. No more than eight
tables shall be permitted to operate within the city.
D. Not more than ten players shall be permitted at any one cardtable.
ardrooms shall be located on the ground floor, and so ar~anged~hat cardtables and
rs at the tables shall be plainly visible from the front door opening when the door is
opened. No wall, pa~ition, screen or similar s~ructure between the front door opening on the
street and any cardtable located in the cardroom shall be permitted if it interferes with the
visibility.
No gambling establishment may be located in any zone which has not been specifically
approved for such a b iness. Additionally, none may be located near any of the unsuitable
areas, as specified in siness and Professions Code Section 19852 (a) (3)
5
F. o person under the age of 21 shall be permi~ed at any cardtable, nor shall any
y be operated seven days a week and shall not open until the hour of
shall close at two a.m. on the mornings of Monday, Tuesday,
, and Friday. Cardrooms may remain open until the hour of four a.m.
on the mornings of Saturday and Sunday. A cardroom shail adopt a schedule of hours of
ope~ation before it shall be allowed to operate. Such schedule of hours shall be clearly
pos~ed at the cardroom in order to provide adequate notice of its hours of operation.
II car~rooms shall be open lo police inspection during all hours of operation.
nly table stakes shall be permitted.
rson under the age of 21 be permitted to participate in any game played thereat.
I.
J.
K. ach cardtable shall have assigned lo it a person whose duty shall be to supe~ise
the game to see to it that it is played strictly in accordance with the terms of this chapter, and
with the provi~ions of the Penal Code of the state. This person may have more than one
table under his supe~ision. We shall not, however, participate in the game.
I. There shall be posted in every cardroom in letters plainly visible from all parts
thereof, signs stating that no game except lowbail, draw poker without variations as defined
~y Hoyle~ pinochle, pangini, rummy, Texas Hold ’ m, and contract or auction bridge as those
games are defined by the Cali~ofnia Repa~men~of Justice, Division of Gaming Control, shall
rdroom. These signs shall also contain such other information relating to
the fegulations contained in this chapter as the chief of police may require.
The cash in^ of bank checks for players shall not be permitted in any cardroom.
.
N.
doc~ment evidencing title to the same, is prohibited in any cardroom.
No person who is in a state of ~ntoxication shall be permitted in any cardroom.
The sale, purchase, transfer, assignment, or pledge of any property, or of any
The operator or his employees shall not extend credit to a player, nor shall he accept
notes, loan money to any person on any ring, watch, or other article of
rty for the purpose of securing tokens, chips, or other representatives of
mone~ as an ante.
P. No shills shall engage in card games. This prohibition shall not apply to house
players, provided they wear a badge in a conspicuous place, which badge identifies them as
~mployees of the licensee.
ecurity and Safety. Each cardroom license shall be responsible and liable
for its patrons’safety and security in arid afound the cardroom estabiish~ent. Before itshall
oom shall adopt a plan, to be approved by the city, to
The city council declares that it is not the intention of this chapter to permit the licensing of
any cardroom for the playing of any game prohibited by the laws of the state, including but
not limited to those games enumera~ed in Section 330 of the Penal Code of the state, which
section includes banking and percentage games.
6
.....
.1
Operators of cardrooms shall be required to obtain a business license pursuant to Chapter
5.04 of this code.
rev er
(a) In addi~ion to the permit fees previously prescribed each permittee permitted
pursuant to the pfovisions of this article shall pay to the city a monthly Fee equal to 9 %of the
gross revenue of the permittee received from the cardroom operation. Such payment shall
be made to the city not later than 15 days after the end of each month during which such
gross revenues OR which it was computed were received by the permittee.
(bj Each permittee shall file with the Finance Department before the 15'h day following
the end of each month a statement, under oath, showing the true and correct amount of
gross revenue deri~~d from the ca game business permitted by the permit issued to the
pe~mittee for the preceding month. uch statement shall be accompanied by the payment of
the correct amount of permit fee ue and owing in accordance with the previsions of
§u~section (a) of this section, and such sums correctly reflecting the monthlyfees payable
for the preceding month shall be accepted by the city, subject, however, to the right of the
city to audit the matters reported in the statement to determine the accuracy of the figures
contained therein and whether or not the correct amount payable to the city has been paid.
A signed declaration shall be attached to the statement or included therein, which shall be in
substan~ially the same form:
"I hereby declare under penalty of perjury that the foregoing is true and correct.
Section 2.
construed
This ordinance is not intended to and shall not be
r which imposes upon the City, or any officer or
of, a mandatory duty of cafe towards persons or property within the City or
ity so as to provide a basis of civii liability for damages, except as otherwise
imposed by law,
Section 3. All ordinan~es and parts of ordinances in conflict herew~~h are repealed insofar
as such conflict may exist.
Section 11, This ordinance shall be published one time in the "Lodi News Sentinel," a daily
newspaper of general ci?cul~tion printed and published in the City of Lodi, and shall be in
force and take effect 30 days from and after its passage and approval.
Approved ."* this 7" day of June, 2006,
Attest:
-
Bob Johnson
,-
I Interim City Clerk
?ate of Caiifo~ni
. Perrin, Interim City Clerk of the City of Lodi, do hereby certify that Ordinance
s int~oduced at a regular meet~n~ of the City Council of the City of Lodi held
May 17,2006, and was thereafter passed, adopted, and ordered to print aia regular meeting
of said Council held June 7, 2006, by the following vote:
AYES: COUNCI~ MEM ERS - Mansen, Johnson, and Mounce
: ~~UNCIL~EM ERS- Beckman
TAIN: COUNCI~ MEM
I further ce~ify~ha~ ~rdin~nce No. 7 779 was approved and signed by the Mayor of the date
of its passa~~ and the same has been pu~lished pursuant to law.
City A~orney
M. PERRIN
Interim City Clerk
8