HomeMy WebLinkAbout1953-03-26; City Council; 6015; Regulate & license card rooms & fix violation penalty.'
AN ORDIMANCE OF THE CITY OF CARLSB-AD, CALIFORNIA,
REGULATING AHD LICET\TSIMG CARD ROOMS IH TIlE CITY OF
CARLSBD, PROVIDING FOR THE @ REGISTRATION OF THE
.
omrm OR BJPLOYEES OF SUCE EST~LISHMENTS, AND FIX-
ING A PEX!ALTY FOR TEE VIOLATION HEFBOP.
The City Council of the City of Carlsbad does ordain as follows:
b* SECTION 1, It shall be unlawful for any person, for himself, or for
any other person$,' firm or corporation, to engage in or carry on, or to
maintain or conduct, or cause to be engeged in, carried on, maintained
or conducted, any card- room in the City of Carlsbad, without first hav-
ing secured a license from the City Council so to do, according to each
and every requirement of this Ordinance, or without complying with each
and every regulation pertaining to such card room.
SECll'IOpJ 2, For the
hereby defined to be any-
with a table, or tables,
purpose of this Ordinance, a "card' roomt1 is
space, room or enclosure furnished or equipped
used or intended to be used as a card table, or
card tables, fos the playing of cards and similar games, and the use of
which is available to the public, or any portion of the public; provfded,
however, that this section shall not apply to any bona Fide non-profit
society, club, frathernal or other organization, as defined in Section
15 hepeof :*
S3CTIOX 3* An applicant for a card room license shall submit his
application to the Chief of Police of the City of Carlsbad, which appli-
cation shall be under oath, and shall include, among other things, the
true names and addresses of all persons financially interested in the
business, The past criminal record, if any, of all persons financially
or otherwise interested in the business shall 9 be shown on such applica-
tion, The term I'persons financially interestedtf shall include all persons
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who share in the profits of the business, on the basis of gross or net
revenue, including landlords, lessors, lessees, the owner or owners of
the building, fixtures or equipment, The application shall a&so be
accompanied by fingerprints of persons financially interested.
may be issued only to citizens of the United States who have resided In
the County of San Diego for at least twb (2) years immediately preceding
the issuance of such license, unless there is an express waiver from the
City Council when the license is issued,
A license
The Chief of Police shall make such investigation as is necessary
to determine the moral qualities of' the applicant 2nd other persons finan-
cially interested, and s%all reconmend- to the Ci'cy Council that the agpli-
cation be granted or that it be denied..
granted unless the same is ordered by the City Council,
No card room llcense shall be
-c- Ehployees in card rooms must obtain a work permit from the Chief of
Police; applications for such work permits shall be submitted under oath
and contain such iaformation as may be deemed by the Chief of Police
necessary to determine whether the applicant is a proper person to be
employed in a card room.
No work permit shall be issued to any person who is not a citizen
of the United States and who has not been a. resident of' the County of San
%ego for at 'least one (1) year.
applicant E work permit if", in his opinion, good cause appears why such
person should not be permitted to be employed in a card room.
application for work permit shall be accompanied by a fee of Ten ($10,00).
Dollars, and sai& work peraft when issued shall be valid for one (1) year,
The Chief of Police may deny to such
Each .
SECTION & The Chief of Police shall have the right for cause to
~ revoke or suspend aqy $+- oom license or card room work permit issued here-
' under and take possession of such license or permit, The action of the
Chief of Police in this respect shall be subject to an appeal to the
City Council. Motice of such a-ppeal shall be filed with the City Clerk
within ten (10) days; otherwise the action of the Chief of Police in
revoking or suspending the card room license or card room work pemit
shall be final and conclusive.
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SECTION 5, No person shall be granted a license to conduct more
than one card room,
ferable.
No card room license shall be assignable or trans-
SECTION 6. It shall be unlawful to operate a card room in violation
of any of the following regulations and rules:
(a) Not more than one card room shall be located at any one address,
On and after the thirtieth day after the effective date of this ordinance,
a13 licenses to operate card ~’ooms in the City of Carlsbad, issued before
that time, shall be null and void and of no further force and effect*
(b) No game except pinochle, low-ball draw poker, &aw poker, with-
out variations @s defined by Hoyle, contract or auction bridge shall be
played in any card room,
(c) Not more than five (5) tables shall be permitted in any card
room,
(d) ?lot more than eight (8) players shall be permitted to any one
card table.
(e) No minor shall be permitted& any card table, or to participate
.7r
in any game played thereat.
(f) All card rooms shall be closed at twelve o’clock midnight, and
shall remain closed until ten o’clock a.m. of every day,
(g) All card.rooms shall be open to police inspection during all
hours .of operation,
SECTION 7. No charge in excess of the following rates shall be
assessed for the privilege of particPpating in the following games:
(a)
(b)
Pinochle - 2Q$ per game and lj$ per set..
Low-ball and draw poker - 5% of each pot,
(c)
SBCTION 8,
Bridge .- 60$ per hour per player.
5 @2. Only table stakes shall be permitted, with a $we
limit.
SECTION 9, The cashing of bank checks for players shall not be
permitted in any card room,
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SECTION 10, All card tables shall be supervised by the operator
or his employees, who may at their discretion refuse any individual the
right to participate; and they shall see to it that it is operated strict-
ly in accordance with the terms of this Ordinance, and with the provisions
of the Penal Code of the State of California, Every operator and emplop
of an operator of a card room licensed heremder shall at a11 times when
on duty in such card room wear an identification badge contazning his .
photograph, together with the name, age, address and description of' such
individual ,
SECTION 11, SIGNS. No signs or other insignia advertiszng or rela-
tive to card rooms shall be permitted upon the exterior of any premises
occupied as a card room, except the words "CARD ROOMn and the name of
the operator thereof, Such a sign shall be flush with the building, and
shall not be more than one and one-half feet by six feet in size,
SECTION 12, There shall be posted in every card room in letters
plainly visible from all parts thereof, signs stating that only draw
poker, pinochle, ana/or bridge is Germitted to be played and stating
the charge exacted for the privilege of -playing,
SECTZOM 13L There shall be collected for each card table licensed
hereunder where the game of poker is played during any portion of the
license period the sum of Fifteen ($15.00) Dollqs per table per month,
or portion thereof, payable quarterly in advance.
lected for each card table licensed hereunder where any other permitted
games than poker are played the sum of Five ($5.00) Dollars per table per
month, or portion thereof, payable qumterly in advance,
There shall be col-
SECTION 14. On aEd after the effective date of this ordinance there
shall not be issued any card room license if the issuance thereof would
place in force and effect more card room Licenses than one for each
7,500 persons resident in the City of Carlsbad plus one additional
license when the number of residents of the City of Carlsbad egceeds a
multiple of 7,500, and said excess is 3,751 to 7,499 inclusive,
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SECTION 15.-
(a) A non-profit society, club, fraternal or other organization
having adopted by-laws and sluly elected directors and members may be
granted a permit without fee by a. resolution of the Council, when it
appears that the tables are for the exclusive use of members of the
society, club, fraternal or other organization and- no charge is made for
any of' the facilities,
(b) The permit issued pursuant to this section may be revoked,
cancelled, temporarily suspended or wfth&awn by the Council of the City
of' Carlsbad and the decision of said Council shall be final,
(e) Any society, club, fraternal or other organization to whom a
permit shall have been issued pursuant to this section shall be open to
any duly authorized member or.members of the Police Department of the
City foryeasonable inspection.
(d) &ny society, club, fraternal or other organization to whom a
permit shall have been issued pursuant to this .,. section shall not be re-
quired to comply with Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and
13 of this ordinance.
SECTION 36, The Council of the CLty of Carlsbad hereby declares
that it is not the intention of this ordinance to license a-ny card room
for the playing of any game prohibited by the laws of this State, and
particularly those games enumerated in.Section 330 of the Penal Code of
the State of California.
SECTION 17. Any person, society, club or other organization of
whatsoever type or kina, violating any of the teras, requirements, regu-
lations, or provisions dtf this ordinance shall be deemed guilty of a
misdemeanor and upon convict$on thereof shall be punished by a f- ;ne not
exceeding Five Hundred ($500.00) Dollars, or by imprisoment in the jail
provided by the City of Carlsbad for not more than six (6) months, or by
both such fine and imprisonment, and each day that such violation shall
continue every such person, society, club or other organization of what-
soever type and kind shall be deemed guilty of a separate offense,
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SECTION 18. If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid or v-nconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordi-
nance, The City Council of the City of Carlsbad hereby declares that
it would- have passed this Ordinance and each section, subsection, sen-
tence, clause or phrase thereof irrespective of the fact that any one or
more other sections, subsections,. sentences , clauses or phrases be de-
clared invalid or unconstitutional.
SECTION 1% This Ordinance shall take effect and be in force on the .
thirty-first day from and after its adoption.
SECTION 20. The City Clerk of the City of Carlsbad is hereby direc-
ted to cause this ordinance to be published once in the Carlsbad- Journal,
a newspaper published and of general circulation in the mid City of
Carlsbad,
PASSED, ADOPTED, APPROVED ana ordered published by the City Council
of the City of Carlsbad, California, this
1953, by the following vote, to-wit:
10th ~ day of
ms:
NAYS : None
A.BSEETi?: Councilman Grober,
Councilmen Sutton, Ede, Castorena , hlayor %&le
M&or of the City of Cwlsbad,