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HomeMy WebLinkAbout1982-02-16; City Council; 6906; Cardroom License Application31 oLU I O.Ou oz3 Oo CI', , OF CARLSBAD — AGENDA BILL AR# <£ ?#£> MTG. n?-lfi-ft? DEPT. POL TITLE: CARDROOM LICENSE APPLICATION - RALPH AND EDDIE'S nFPT.HD.^ST riTY ATTY\) l2^) CITY MGR. "Z>#- RECOMMENDED ACTION: Adopt Resolution No. & 7?$ approving the application for cardroom license at new location, 390 Grand Avenue, to Ralph Burnett and Jack Button. It is also recommended that the applicants be required to comply with all state, county and city statutes that are applicable. Finally, it is recommended that the approval be subject to review to the Chief of Police every five years for compliance with all state, county and city statutes and conditions. ITEM EXPLANATION: Ralph F. Burnett and Jack Button, owners/operators of Ralph and Eddie's Cardroom, are requesting a cardroom license be issued for a cardroom to be located at 390 Grand Avenue. This license is a new license as prescribed in Municipal Code Sec- tion 5.12.030, but in reality is a request to move their present cardroom to a new location. This new location is 100 feet east of their current cardroom's location at 390 Grand Avenue. The police department has found the request to be reasonable and to cause no significant changes in the current conditions. The owners have indicated a willingness to work cooperatively with the police department and other City departments to improve the cardroom's appearance and attractiveness to the area. The Council should note that one cardroom is allowed per 50,000 population (Muni- cipal Code Section 5.12.160). This license issuance and subsequent relinquishment of the currently held license will mean that the number of cardrooms in the city is still within limits. The Housing and Redevelopment Department has indicated that the change of location and subsequent upgrade of the properties involved will be favorable to the area. The refusal to grant the new license would mean that Ralph and Eddie's Cardroom would be able to continue to operate at its current location. The approval of this license gives the applicant the right to utilize the license at the new location. The applicant still has to process his application through the Planning Commission for further approvals of the building itself. FISCAL IMPACT: There is no significant fiscal impact. The same costs and revenues can be expected in this new location as there were in the old location. EXHIBITS: 1. Resolution 2. Application 3. Municipal Ordinance 5.12.030 4. Memorandum - Housing and Redevelopment 5. Memorandum - Lieutenant Suttle / Investigation Recommendation 6. Letter - John Stanton, Attorney at Law 1 RESOLUTION NO. 6793 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE APPLICATION FOR A CARDROOM LICENSE BY RALPH F. BURNETT 3 AND JACK BUTTON FOR A CARDROOM TO BE LOCATED AT 390 GRAND AVENUE, CARLSBAD, CALIFORNIA 4 WHEREAS, a verified application for a cardroom license has been filed 5 with the City of Carlsbad and referred to the Chief of Police for investigation; 6 pursuant to the provisions of Municipal Code Chapter 5.12, Section 5.12.030; 7 and 8 WHEREAS, an investigation of the applicants Ralph F. Burnett and Jack 9 Buttons was undertaken and no information was found that would constitute a 10 basis for denial of the application; and 11 WHEREAS, the location of the cardroom would not significantly change 12 the environment of the neighborhood; and 13 WHEREAS, the Chief of Police recommends that the application be granted; 14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council, of the City 15 of Carlsbad as follows: 16 A. That the above recitations are true and correct. 17 B. That the license to operate a cardroom at 390 Grand Avenue, Carlsbad, 18 California by Ralph F. Burnett and Jack Button be issued, subject to 19 the following conditions: 20 1. That the licensees comply with all federal, state, county and 21 city statutes and conditions; 22 2. That the Chief of Police shall review the license, building and 23 operations every five years for compliance with this resolution 24 and he may renew the license if he finds such renewal consistent 25 with the public interest. 26 27 /// 28 HI 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad 2 City Council held on the 16th day of February , 1982, 3 by the following vote, to wit: 4 AYES: Council Msnbers Packard, Casler, Anear, Lewis and Kulchin 5 NOES: None 6 ABSENT: None 7 8 9 10 11 RONALD C. PACKARD, Mayor 12 13 ATTEST: 14 15 ft~ V (ftj^L'** ^16 ALETHA L. RAUTENKRANZ, City Clerk 17 (SEAL) 18 19 20 21 22 23 24 25 26 27 28 CITY OF CARLSBAD APPLICATION FOR BUSINESS LICENSE Fl>m Name: Address: Mailing Address: 2l0 *^ ' Type of Business: Classification (A,B,C, orM)) Amount of License Fee $ Delinquent Penalty of 25% plus 1% per day $ pfl Total Amount: Year _ Phone: City License Number: Vehicle Sticker Number: State License Number: declares that he is the of the above-named business; and that the information contained is true to the^best of his knowledge^. Owner's Name & Address, if Different: (A) No Fixed or Established Place of Business in Carlsbad. ' WHOLESALERS: Basic Fee Per Person RETAILERS: $20.00 $ 2.00 Bread and Bakery Supplies Catering Service Concrete or Road Mix Dairy and Ice Cream Dry Cleaning Laundry Linen Service Meat Distributor Petroleum Products (Home Del.) Retail Bottled Water Supply Retail Ice Supply Rock and Sand Transfer or Delivery Service Water Softner Service Similar Business Not Specified $ 80.00 80.00 100.00 80.00 100.00 100.00 20.00 80.00 20.00 80.00 80.00 100.00 20.00 100.00 40.00 Professions: (C) Contractors: 1) General 2) Sub-Contractor 3) Sign Painter (D) Other: Oa. $50.00 $80.00 60.00 15.00 ADDITIONAL VEHICLES shall pay a tax of 3/5 of that of the first vehicle. 5.12.010—5.12.030 y, Chapter 5.12 ' CARDROOMS Sections; ...-.'• 5.12.010 Defined. 5.12.020 License required—Chapter compliance. 5.12.030 Application for license—Investigation of applicant. 5.12.040 Work permit requirements. 5.12.050 Revocation or suspension of license or permit—Appeal. 5.12.060 Licenses—Number per person, assignment and transfer. 5.12.070 Rules and regulations. 5.12.080 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 Exterior signs. 5.12.140 Interior signs. 5.12.150 Monthly collections by city. 5.12.160 Limitation of number of licenses which may be issued. 5.12.170 Scope of chapter. 5.12.010 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). 5.12.020 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 conducted, 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. 6015 §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 f" record, if any, of all persons financially or otherwisec ••• 75 c 5.12.040—-5.12.050 interested in the business shall be shown on such applica- tion. The term "persons financially interested" shall include all persons who share 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 fingerprints 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 an express waiver from the city council when the license is 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) . 5.12.040 Work permit requirements. Employees in cardrooms must obtain a work permit from the chief of po- lice. Applications for- such work permits shall be sub- mitted under oath and contain such information as may be deemed by the chief of police necessary to determine whether f -A ' 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 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 appli- cation for work permit shall be accompanied by a fee of ten dollars and the work permit when issued shall be valid for one year. (Ord. 6015 §3). 5.12.050 Revocation or suspension of license or permit—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. (Ord. 6061 §l(part), 1980; Ord. 6015 §4). 76 (Carlsbad 11/80} .12.060 — 5.12.080 5.12.060Licenses--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 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 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 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 additional six-month period within which 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 cays 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 regulations and rules: (1) Not more than one cardroom 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 null and void and of no further force and effect; (2) No game except pinochle, low-ball draw poker, draw poker, without variations as defined by Hoyle, con- tract 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. (Ord. 6016 §1; Ord. 6015 §6). 5.12 . 080 Alcoholic beverages prohibited. No alco- holic 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. (Ord. 6037 §1). 77 7 5.12.090 — 5.12.150 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. (Ord. 6015 §7). 5.12.100 Limit on table stakes. Only table stakes shall be permitted, with a five dollar limit. (Qrd. 6015-A §1: Ord. 6015 §8). 5.12.110 Cashing of bank checks. The cashing of bank checks for players shall not be permitted iri any cardroom. (Ord. 6015 §9). 5.12.120 Supervision — Identification badges of em- ployees . All card tables shall be supervised by the oper- ator or his employees, who may at their discretion refuse any individual the right to participate. They shall see to it that it is operated strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the state. Every 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. (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 building, and shall not be more than one and one-half feet by six feet in size. (Ord. 6015.§11). 5.12.140 Interior signs. 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 excicted for the privilege of playing. (Ord. 6015 §12). 5 .12 .1.50 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 fifteen 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 78 j.12.160—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_._1_2_._16__0 __ Limitation of number of licenses^ \vliich^jmay^ be issued. The number of cardroom licenses which may be in force at any time shall be determined on the basis of city population according to the following schedule: Population Up to 50,000 From 50,001 to 100,000 From 100,001 to 150,000 Maximum No. of licenses which may be in force One Two Three Additional licenses may be issued based on extensions of the above schedule. (Ord. 6035 §3; Ord. 6015 §14). 5.12.170 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. (Ord. 6015 §16} . Chapter 5.16 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS Sections: 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .16 .010 .020 .030 .040 .050 .060 .070 .080 .090 .100 .105 .110 .120 .130 .140 .150 .160 .170 Purpose and intent. Definitions . Massage establishment license required. Renewal of establishment license. Massage establishment—License application. License application fee. License investigation. Issuance or denial of license. Temporary license. Massage establishment facilities. Massage establishments operating requirements Display of licenses and permits . ^a:ue of business. Change of location. Sale or transfer. Inspection. Massagist licensees to be employed. Massages at massage establishment only. 79 (Carlsbad 10/15/79) MEMORANDUM DATE: January 27, 1982 TO: Marty Orenyak, Building Official FROM: Andrew J. Aikten, Redevelopment Program Manag SUBJECT: RALPH AND EDDIE'S DRB #16 At their meeting of September 28, 1981, the Housing and Redevelopment Advisory Committee reviewed the proposal of Ralph and Eddie's DRB #16. The Committee questioned the applicant and gave some direction as to parking, landscaping, etc., and requested more detailed elevations and site plans of the project. At their meeting of October 28, 1981, the Housing and Redevelopment Advisory Committee again reviewed the proposal with the applicant. The applicant presented detailed graphics at this time. The Committee agreed that the project was a good and workable project and were pleased that it would result in the elimination of some parking concerns along Grand Avenue. Additionally, the Committee felt the project had merit because it would clean up the north side of Grand Avenue and result in an imporved appearance for the community. The Housing and Redevelopment Advisory Committee recommended the project and agreed to continue to work with the applicant in any way to assist with the expedition of the proposal. AJA:al MEMORANDUM DATE: January 18, 1982 TO: Vincent D. Jimno, Chief of Police FROM: G.F. Suttle, Lieutenant SUBJECT: CAEDRQOM APPLICATION In accordance with the provisions of Municipal Code Section 5.12.030 (Cardroom application procedure), I conducted a prelim- inary investigation into the background of both applicants, Burnette and Button. The only derrogatory information developed concerning either applicant was two convictions for D.U.I of applicant Button. In view of the fact that neither applicant has a criminal record,that they have been established in business in Carlsbad for 20 years, and that there does not appear to be any problems in terms of the public welfare, I would reconmend granting the application. Respectfully, G.F. SUTTLE Lieutenant ATTORNEYS AT LAW OCEANSIDE. CALIFORNIA 82OS4 JOHN STANTONJOHN A MARTIN. JR.14 IQfi?X t , J. 2 O Z 2'41 EL CAMINO "AL PO BOX 364 (714) 433.33*53 City Council • City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 RE: RELOCATION OF RALPH AND EDDIE'S COCKTAIL LOUNGE AND CARD ROOM FROM 370 GRAND AVENUE,- CARLSBAD TO 390 GRAND AVENUE, CARLSBAD. Dear Sirs: The undersigned represents Ralph Burnette, Sr., Ralph Burnette, Jr. and Jack Buttons who collectively own various ownership interests in Ralph and Eddie's Cocktail Lounge and Card Room who wish to relocate approximately 100 feet east from 370 Grand Avenue to 390 Grand Avenue, Carlsbad. Such a relocation would not result in any increase in the square footage or the number of tables permissible for the card room. The cocktail lounge would be separate from the card room as it presently is and as required. Additionally, the exterior would be structured and main- tained so as not to be offensive in taste or presentation, and be of an esthetic value. Further, it is intended that Ralph and Eddie's present card room would be demolished to provide for parking for the relocation of the premises, and that the present cocktail lounge would be'utilized for some light service or business but nothing associated with alcohol. There is presently a lease and option agreement with the owner of the 390 Grand Avenue premises, Rosenstock, doing business as the Allegro if the relocation is permitted. Since the relocation would move the business closer to another premises, The Sportsman, also owned by Mr. Burnette, Sr., that serves alcohol, Mr. Burnette believes it would be in the best interests of the community that as 1'andlord he terminate those premises at 2940 State Street, and they refrain from serving alcohol at those premises. -2- In view of the favorable record of Ralph and Eddie's currently for not creating a police problem, it is hopeful that this relocation request would receive favorable consideration. If anything further is necessary please feel free to contact me.