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Home My WebLink About1980-09-02; City Council; 6353; Request for Change in Card Room OrdinanceCITY OF CARLSBMJ AGENDA BILL NO •___.6 ... o~3""'---'~--S:--=3'---______ _ DATE: September 2, 1980 __ __,_ ___ ...;._____ _______ _ DEPARTMENT: Po 1 ice ----------------- ~1i ~ Initial:~ Dept.lid. C. Atty. _ C. Mgr. Subject: Request for change in Card Room Ordinance -Municipal Code Section 5.12.00 Statement of the Matter On April 29, 1980, a request was received from Jack Button, Co-Owner of RALPH & EDDI.E'S CARD ROOM,for reconsideration of an application for modification of Chapter 5.12, Section 5.12.100 of the Carlsbad Municipal Code, submitted February 21, 1978. Mr. Button then withdrew the request until now. He now wishes a Council decision on the matter. The applicant now wishes to modify Section 5.12.100, "Limit on Table Stakes". The applicant wishes to amend this section to conform to a similar ordinance in the City of Oceanside. The Council is asked to amend .the ordinance to read: "No player shall be permitted to make any bet in excess of $20.00, or bet more than $100.00 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.11 The Police Department has had no significant problems with the card room .Sl-JlCe the Council considered the last request in 1978; however, the Staff wishes to remind Council that·card rooms in general have been known to be associated with illega'l activities, such as bookmaking, fencing and illegal gambling. The Staff generally does not feel that card rooms are appropriate in a city such as Carlsbad. There- fore, would not recommend any changes in the ordinances governing card rooms. Fi seal Impact No fiscal impact. Exhibits 1. Letter of request for modification, from Jack Button. 2. Present City Ordinance governing card rooms. 3. Ordinance 79-28, City of Oceanside, City Code. 4. Proposed Ordinance amending Muni cipa'I Code Section 5. 12. 100. rvo • le a Co a. Reco11111endation The Staff reco1t1nendation is to deny the request; however, if the Council concur!: with the appl; cant's request, it should,)OO()()(b( the ordinance amending Section 5 .12.100. 1 iitr-d<luce . Council Action: 9-2-80 Council denied the request. I t ' t I j t April 29, 1980 . The Honorable City Council City Hall, ·Carlsbad, Ca 92008 Some months ago you denied an.application requesting six modifications of the present cardronm ordinance. We have requested a reconsideration or this ~pplica~ion. There was quite some concern about policing and parking activities at the previous denial, but they are not releva~t concerning the new change requested herein. further, a review of the police files and logs will reveal an almost never contact between the police and the cardroom, and there is no basis to fear any change. We would request only one change by allowing an increase in betting limit to correspond with the recent changes in Oceanside cardroom ordinance, a copy of which is inclos1;1d. · · Respectfully, ;✓., ~h l?,/$17r__, ( -.. chapter s .12 CARD ROOMS Sections: 5 .12 .010 Defined. 5.12;020 License required--Chapter compliance. 5.12.030 Ap~lication for license--Investigation of applicant. 5.12.040 Work .permit requirements. 5.12.050 Revocation or suspens~on of license or permit--Appeal. 5.12.060 Licenses--Number per person, assignment and transfer. 5.12.070 Rules and regulations. 5.i2.oao Alcoholic beverages prohibited • 5.12.090 Rates. 5 .• 12.100 Limit on table stakes. 5 .12·.110 ·cashing of bank checks. 5.12.120 Supervision--Identification badges of employees. ~ 5.12.130 Ext~rior cigns. 5.12.140 Interior signs. 5.12.150 Monthly collect::.ons by city.· 5.12.160 Limitation of number of licenses which may ' be issued. 5 .. 12.170 Scope of chapter. S.12ft010 Defined .. For the purpose of this chapter, a "cardroom" 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. (Ord. 6035 §1; Ord. 6015 §2) • · ' \ • ~ f ~ ! I fi ' ~ '! 'j ' s.12.020 License required--Chapter compliance. 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 c.onducted, any cardroom in the city without first having secured a license from the city council to do so, according to each and every requirement of this chapter, or without complying with each and every regulation pertaining to such cardroom. (Ord. 6~15 §1). 5.12.030 Application for license--Investigation of applicant. An applicant for a cardroom license shall sub- mit his application to the chief of police, which applica- tion shall be under oath, and shall include, among other things, the true names and addresses of all persons finan- cially interested in the business. The past criminal record, if any, of all persons financially or otherwise 75 3 ----_ ________,,,n___ I I '1 ( ,. \ ~12.040--5.12.050 t interested in the business shall be shown on such applica- tion. The term "persons financially interested" shall incluqe all persons who shar~ in the profits of the busi- ness, on the basis of gross or net revenue, including landlords, lessors, lessees, the owner·of the building, fixtures or equipment. •The application shall also be accompanied by fipgerprints of persons financially inter- ested. A license may be issued 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, unless there is a~ express waiver from the city council when • the license iE;; issued. .. The chief of police shall make such investigation as is necessary to determine the moral qualities of the applicant and other persons financially interested, and shall recommend to the city council that the application be granted or that it be denied. No cardroom license shall be granted .unless the same is ordered by the city council. (Ord. 6015 §3). S.12.04P Work permit requirements. Employees in cardrooms must obtai~ a work permit from the chief of po- lice. Applications for such work permits shall be sub- mitted under oath c;l?ld con·tain 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 card- room. No work permit ~hall 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. Eacp appli- cation for work permit shall be accompanied py a fee of ten dollars and the work permit when issued shall be vali~ for one year. (Ord. 6015 §3). 5.12.050 Revocation or suspension of license or permi t--Appeal. 'l'l;le chief of police shall ha·ve the right for cause to rev1 he or suspend any cardroom license or cardroor.1 work permit issued hereunder and take possession of such license or permit. The action of the ,chi~f of police in this respect shall be subject to an appeal to the city council. Notice of such appeal shall be filed with the city clerk within ten days; otherwise the action of the chief of police in revoking or suspending the card- room license or cardroom work permit shall. l' ~ final and ponclusi ve. · (Ord. 60.15 §4) • 76 ( "'""') J' .12 .060--5 .1.2. 080 5.12.060 Licenses--Number per person, assignment and transfer. Only one license to one person; assignment or transfer of license. No person shall be granted a license to conduct more than on~ cardroom. No cardroom lice:Q.se shall be assignable or transferable. Once a licensee hereunder establishes a c~rdroom at a specific location, he may not thereafter move such cardroom business to·an- other location. Any license issued hereunder shall auto- matically become revoked upon the occurrence of any of the following conditions-: · (1) If after the issuance of a license; the licensee does not begin oper~tion of a cardroom within six months from the date of issuanc~. The licensee hereunder may, upon written application to the city council therefor, be granted one additional six-month p2riod within whi'ch to begin operation of a cardroom; (2) If, after the beginning of a cardroom, the licensee • ceases operation of his cardroom for a period of thirty days or longer. (Ord. 6035 §3; Ord. 6015 §5). 5.12.070 Rules and regulations. It is unlawful to operate a cardroom in violation of any of the following reg~lations and r.ules: (1) Not more than one cardroorn shall be located at any one address. On and after the thirtieth day after the effective date of this chapter, all licenses to operate cardrooms in the city, issued before that time, shall be nu1·1 and void and of np f'-1rther force and effect; (2) No game except pinochle, low-bali draw poker, draw poker, wi thotit variations as defined by Hoyle·, con- tract or auction bridge shall be played in any cardroom; (3) Not ~Dre than five tables shall be permitted in .any cardroom; (4) Not more than eight players. shall he 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) Atl cardrooms shall be closed at two a.m. and shall remain closed until ten a.m. of every day; (7)· All cardroorns shall be open to police inspection during all hours of operation. (Ord. 6016 §1; Ord. 6015 ~6). 5 .12. O 80 Alcoholic beverages prohibi te, ~ No alco- hol~c liquor or beverage shall be ~erved, consumed, sold or given away in any cardroc~, and no cardroom shall have an entrance leading to any ei ablishment which serves or ~ells intoxicating liquor. \Ord. 6037 §1). 77 \ .. ,\ .. . .. . . : 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 <::ents per game. and fifteen cents per set; .. · (2) Low-ball and draw poker --five percent of each pot; (3) Bridge --sixty cents per hoar per player. (Ord. 6015 §7). 5.12.100 Limit on table stakes. Only table stakes shall be permitted, with a five dollar limit.· (Ord. 6015-A §1: Ord. 6015 §8). 5.12.110 Cashing of bank checks. The cashing of bank chacks for players shall not be pe.rmitted in any cardroo~. (Ord. 6015 ~9). · 5.12.120 Supervision~-Identification badges of em- ployees. All card tables shall be supervised by the ope~- ator or his employees, who may at their discretion refuse any individual the right to participate. They shall see to it that it is oper~ted strictly in accordance with the tenns of this chapter, and with the provisions of the Penal Code of the state. Every operator and empl0yee of an operator of a cardroom licensed hereunder shall at all times wh.en on duty in such cardroom wear an identification badge containing his photograph, together with the name, age, address and description of such individual. (Ord. 6015 §10) • 5.12.130 Exterior signs. No signs or other insignia advertising or relative to cardrooms shall be permitted upon the .. exterior of any premises occupied as a card- room, except the words "CARDROOM" and the name of the oper- ator thereof. Such a sign shall be flush with the t-:r".lding, and shall not be more than one and one-half feet by six feet in size. (Ord. 6015 §~l). 5.12.140 Interior signs. There shall be posted in every cardroorn 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. (Ord. 6015 §12). 5.12.150 Monthly coliection3 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 stun of fifteen dollars per table per month, or portion thereof, payable quarterly in advance. There shall be collected for each table licensed hereunder where any ether permitted 78 / \ • l . ' I . l '' ~ ') .'2.160--5.12.170 games than poker are played the sum of five dollars per table per month, or portion thereof, payable quarterly in advance. (Ord. 6015 §13). 5.12.160 Limitation of number of licenses which may be issued. The number of cardroom l~Lcenses which may be in force at any time shall be determined on the basis of city population according 'to the f9llowing schedule: Population Up to 50,000 Maximum No. of licenses which may be in force From 50,001 to 100,000 From 100,001 to 150,000 One Two Three Additional.liqenses may be issued based on extensions of the above schedule (Ord. 6035 §3; Ord. 6015 §14). 5.12.170 Scope of chapter. The counci~ declares that it is not the intention of this chapter to license any carcli'=oom 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. (Ord. 6015 §1~). Chapter 5.16 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS Sections: 5.16.010 5.16.020 5.16.030 5.16.040 ~-16.050 5.16.060 5.16.070 5.16.080 5.16.090 5.16.100 5.16.110 5.16.i20 5.16.130 5.16 .140 5.16.150 5.16.160 5.16.170 Purpose and intent. Definitions. Massage establishment license requir.ed.· Renewal of establishment license. Massage establishment--License application. License application fee. License. investigation. Issuance or denial of license. Temporary license. Massage establishment facilities" Display of licenses and permits. Name of business. Change of location. Sale or transfer. Inspection. Massagist licensees to be employed. Massages at massage establishment only. 79 (Carlsbad 4/18/73) 7 ! l 'i I • • I . . ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ----------:-7 ~ '\ l ORD~NANCE NO. 79 -2 fi AN ORDINAi'iCE OF THE CITY OF OCEANSIDE REPEALING SECTION 8.12 .i\i'ID AMENDING SECTION 8.13 OF THE OCEANSIDE CITY CODE. The City Council of the City of Oceanside does ordain as -follows SECTION 1. Section 8.12 of the Oceanside City Code is hereby repealed. SECTION 2. Section 8 .13 of the Oceanside City Code is amen<ied to read as follows "No player shall be penn;itted_ to make any bet in excess of $20.00, or bet more than $100,00 in any one h~~~, and shall, in any event, be limited to betting the amount of money then on the table belonging to the player.'' SECTION 3. The City Clerk of the City of Oceanside is hereby directed to publish this ordinance once ,-r.!.thin fifteen (15) days of its passage in the BLADE-TRIBUNE, a -newspaper of general circulation published in said City of Oceanside. SECTION 4. This Ordinance shall take effect and be in force on the thirtieth (30) day from and after its final passage. SECTION 5. This Ordinance shall be codified. PASSED, AOOPTED AND OFDERPD PUBLISHED by the City Council of the City of Oceansid€!, California, this 8th day of August , 197~ by the following vote: AYES: NAYS: ABSENT: ABSTAIN: AVIS, BELL, AND CASEY; GRAHAM AND CHAVEZ ; NONE'; NONE. 24 ATIEST: : ~:;11 d~k APPROVED AS TO FORM & LEGALITY · 28 Legal 7158 ~ugus~ 22, 1979 l 2 3 4 5 6 7 8 9 10 11 t 12 I 13 I 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO 6062 ----- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION 5.12.100 OF THE CARLSBAD MUNrCIPAL CODE TO CHANGE THE "LIMIT OF TABLE STAKES". The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Section 5.12.100 of the Carlsbad Municipal Code is amended to read as follows: "No player shall be pe-rmitted to make any bet in excess of $20.00, or bet more than $100.00 in any one hand, and shall, in any event be limited to betting the amount of money tben on the table belonging to the player." EFFECTIVE DATE: This ordinance shall be effect~.ve thirty' days after its adoption, a~d 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 iti:; adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held 0n the day of -------- 1980, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the ___ day of _____ , 1980, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: RONALD C. PACKARD, MRyor ALETHA L. RAUTENKRANZ, City Clerk I