HomeMy WebLinkAbout1987-12-22; City Council; 6083; CMC 5.12 amends - CardroomsORDINANCE NO. 6083
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 5,
CHAPTER 5.12 OF THE CARLSBAD MUNICIPAL CODE
REGULATING CARDROOMS.
The City Council of the City of Carlsbad, California
SECTION I: That Title 5, Chapter 5.12 of the Carlsbad
Municipal Code is hereby repealed.
SECTION 2: That Title 5 of the Carlsbad Municipal Code
is amended by the addition of Chapter 5.12 to read as follows:
"CHAPTER 5.12
does ordain as follows:
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I CARDROOMS
Sections :
5.12.010
5.12.020
5.12.030
5.12.040
5.12.050
5.12.060
5.12.070
5.12.080
5.12.090
5.12.100
5.12.110
5.12.120
5.12.130
5.12.140
5.12.150
5.12.160
5.12.170
Definition. Cardrooms prohibited. Existing lawful use of cardrooms excepted. Work permit requirements. Revocation or suspension of license or permit Appeal Licenses - number per person, assignment and
transfer. Rules and regulations. Alcoholic beverages prohibited. Rates Limit on table stakes. Cashing of bank checks. Supervision - identification badges of
employees.
Exterior signs.
Interior signs.
Monthly collections by city.
Scope of chapter. Violations.
5.12.010 Definition. For the purposes of this chapter, room, collection of rooms a llcardroomii is defined to be any space, 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.
5.12.020 Cardrooms prohibited. 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
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cardroom in the City for the purpose of playing cards or games of chance where cards are used for money, profit, barter or where other consideration exchanges hands. This is not intended to prohibit the recreational playing of cards in single family homes where no consideration passes to the owner of such single family residence by virtue of such recreational playing.
5.12.030 Existins lawful use of cardrooms excepted. tlCardroomstt lawfully existing on the date of the passage of this ordinance, may continue to exist provided they shall not be altered, improved, reconstructed, restored, repaired, intensified, expanded or extended. In addition, existing cardrooms shall comply with the following requirements.
5.12.040 Work permit requirements. Employees in cardrooms must obtain a work permit from the chief of police. Applications for such work permits shall be submitted under oath and contain such information as may be deemed by the chief of police necessary to determine whether the applicant is a proper
person to be employed in a cardroom.
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 for at least one year. The chief of police may deny to such applicant a work permit if, in his opinion, good cause appears why such person should not be permitted to be employed in a cardroom. Each application for work permit shall be accompanied by a fee of ten dollars and the work permit when issued shall be valid for one year.
5.12.050 Revocation or suspension of license or Dermit - appeal. The chief of police shall have the right for cause to revoke or suspend any cardroom license or cardroom work permit issued hereunder 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. Notice of such appeal shall be filed with the license collector within ten days; otherwise the
action of the chief of police in revoking or suspending the
cardroom license or cardroom work permit shall be final and
conclusive.
5.12.060 Licenses - number per person, assisnment and
transfer. Only one license to one person; assignment or transfer of license. No person shall be granted a license to conduct more than one cardroom. No cardroom license shall be assignable or transferable. Once a licensee hereunder establishes a cardroom at a specific location, he may not thereafter move such cardroom business to another location. Any license issued hereunder shall automatically become revoked upon the occurrence of any of the following conditions:
does not begin operation of a cardroom within six months from the date of issuance. The licensee hereunder may, upon written application to the city council therefor, be granted one
(1) If after the issuance of a license, the licensee
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additional six month period within which to begin operation of a cardroom ;
ceases operation of his cardroom for a period of thirty days or longer.
(2) If, after the beginning of a cardroom, the licensee
5.12.070 Rules and resulations. It is unlawful to operate a cardroom in violation of any of the following regulations and rules:
one address. date of this chapter, all licenses to operate cardrooms in the city, issued before that time, shall be null and void and of no further force and effect;
(2) No game except pinochle, low-ball draw poker, draw
poker, panguingue, without variation as defined by Hoyle, contract
or auction bridge, shall be played in any cardroom;
(3) Not more than five tables shall be permitted in any
cardroom ;
(4) Not more than eight players shall be permitted to
any one card table;
(5) No minor shall be permitted at any card table, or
to participate in any game played thereat;
(6) All cardrooms shall be closed at two a.m. and shall remain closed until ten a.m. of every day; (7) All cardrooms shall be open to police inspection
during all hours of operation.
(1) Not more than one cardroom shall be located at any On and after the thirtieth day after the effective
5.12.080 Alcoholic beverases prohibited. No alcoholic
liquor or beverage shall be served, consumed, sold or given away in any cardroom, and no cardroom shall have an entrance leading to any establishment which serves or sells intoxicating liquor.
5.12.090 Rates. No charge in excess of the following
rates shall be assessed for the privilege of participating in the
following games:
(1) Pinochle - twenty cents per game and fifteen cents
per set;
(2) Low-ball and draw poker - five percent of each pot;
(3) Bridge - sixty cents per hour per player.
5.12.100 Limit on table stakes. No player shall be
permitted to make any bet in excess of twenty dollars or bet more than one hundred dollars in any one hand and shall in any event be limited to betting the amount of money then on the table belonging
to the player.
5.12.110 Cashins of bank checks. The cashing of bank checks for players shall not be permitted in any cardroom.
5.12.120 Supervision - identification badses of employees. All card tables shall be supervised by the operator OL his employees, who may at their discretion refuse any individual the right to participate. They shall see to it that it is
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operated strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the state. operator and employee of an operator of a cardroom licensed hereunder shall at all times when on duty in such cardroom wear an identification badge containing his photograph, together with the name, age, address and description of such individual.
Every
5.12.130 Exterior sisns. No signs or other insignia advertising or relative to cardrooms shall be permitted upon the
exterior of any premises occupied as a cardroom, except the words l~CARDROOM~s and the name of the operator thereof.
shall be flush with the building, and shall not be more than one and one half feet by six feet in size.
Such a sign
5.12.140 Interior sisns. There shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating that only draw poker, pinochle or bridge is permitted to be played and stating the charge exacted for the privilege of playing.
5.12.150 Monthly collections by city. There shall be collected for each card table where the game of poker is played during any portion of the license period the sum of thirty dollars per table per month, or portion thereof, payable quarterly in advance. There shall be collected for each table licensed hereunder where any other permitted games than poker are played the sum of five dollars per table per month, or portion thereof, payable quarterly in advance. In addition to the above amounts, there shall be an additional license fee based upon total monthly gross revenue of the cardroom so licensed, according to the following schedule:
MONTHLY FEE BASED ON THE FOLLOWING
TOTAL MONTHLY GROSS PERCENTAGE OF TOTAL MONTHLY CARDROOM REVENUE REVENUE
$250,000 or less $250,001 but less than $500,000 $500,000 and over
7.0 %
8.0 %
9.0 %
5.12.160 Scope of chapter. The council declares that it is not the intention of this chapter to license any cardroom 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."
5.12.170 Violations. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by
a fine of not more than $1,000 or by imprisonment in the county
jail for a priod not exceeding six months, or by both.
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SECTION 3: That the City Council of the City of
Carlsbad, California makes the following findings.
A. Since the adoption of Ordinance No. 6015 in 1953 an
amended in 1956, there has not been the need generated for cardrooms in Carlsbad and the City Council finds that additional cardrooms are unnecessary and undesirable. The costs of additional police protection, supervision, administration and other administrative costs far outweigh the benefits and revenue generated by the allowance of additional cardrooms.
B. There is a potential conflict between appellate court districts and the attorney general which has led to confusion and uncertainty among cities and counties whether their ordinances allowing for the operation of cardrooms additionally allow for the playing of games not specifically prohibited by Penal Code Section 330 and adoption of this ordinance would clarify that the playing of all card games in Carlsbad in cardrooms is prohibited.
C. Since the adoption of Ordinance No. 6015 in 1953 an amended in 1956, there have become available additional statewide opportunities for engaging in gambling which are not matters of local concern but which fulfill the needs of the citizens of Carlsbad to engage in games of chance, such as, the statewide lottery, the playing of cards and bingo games on Indian reservations, the allowance of off track betting and the like.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 22nd day of December I
1987, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 5th day of January
1988, by the following vote, to wit:
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AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST :
aQatc, 64. RL=---- ALETHA L. RAUTENKRANZ, Citb Clerk
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