HomeMy WebLinkAbout1983-06-21; City Council; 7418; Request for change in cardroom ordinanceCIT OF CARLSBAD — AGENDA BILL
AR« 7^//r
MTG. 6-21-83
OEPT. Police
TITLE:
REQUEST FOR CHANGE IN CARDROOM ORDINANCE
MUNICIPAL CODE SECTION 5.12.00
DEPT. HD. Jtekl
riTY ATTYL/W
HITY MGR.<^— -
og<
J
o
RECOMMENDED ACTION:
The Staff sees no negative impact related to this request. Staff
recommends approval of applicant's request and modification of
Municipal Code Sections 5.12.100 and 5.12.070(2). Secondly, Staff
recommends approval of recommended revision in monthly collection
fee by the City.
STATEMENT OF THE MATTER
On March 23, 1983 a request was received from Ralph F. Burnette Sr.,
co-owner and licensee of Ralph and Eddie's Cardroom, 390 Grand
Avenue, Carlsbad, for modification of the cardroom ordinance,
Municipal Code Section 5.12.00.
The applicant wishes to modify Section 5.12.100, "Limit on Table
Stakes." 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."
The applicant also wishes to amend Municipal Code Section
5.12.070(2), Rules and Regulations, to include Panquinque with
the permitted games.
Staff, in checking with other cities that have cardrooms, found
that the betting limit allowed in Carlsbad is much lower. Cities
such as Oceanside, Huntington Park, Bell, Covina and San Diego
allow greater betting limits. Mr. Burnette indicates that he is
not currently able to compete for customers with other establish-
ments with higher betting limits.
Mr. Burnette indicates that Panquinquer(Pan) is being requested
because local senior citizens have approached him to have Pan
games at his establishment.
Although cardrooms in general have been known to be associated with
illegal activities such as bookmaking, fencing, and illegal
gambling, the proposed amendments are not expected to impact the
community or cause an increase in police attention. The applicant
has recently upgraded his business which has complimented the
City's redevelopment efforts. Recent inspection by police investi-
gators revealed no violations of the existing City ordinance. The
management of the cardroom and lounge have continued to cooperate
with the Police Department on enforcement matters as well as
investigations. There have been no significant problems associated
with this business recently.
AGENDA BILL
Police - Page 2
The City currently, and has for several years, collected a per
table fee for each table poker is played, of $15 per month.
This fee should be raised to $30 per table per month.
FISCAL IMPACT
The modification of Municipal Code Sections 5.12.070(2) and
5.12.100 will not have any fiscal impact on the current
revenues. The modification of Section 5.12.150 from $15 to $30
per table per month will increase revenues from $900 to $1800.
EXHIBITS
1. Letter of request from Mr. Ralph Burnette Sr.
2. Present City ordinance governing cardrooms.
3. Proposed ordinance amending Municipal Code Sections 5.12.070(2),
5.12.100 and 5.12.150
390 Grand Avenue
Carlsbad, Ca. 92008
March 23, 1983
The Honorable City Council
City of Carlsbad
City Hall
Carlsbad, Ca. 92008
RE: ORDINANCE #5.12 CARD ROOMS
Ladies and Gentlemen:
The undersigned as a co-owner and licensee of Ralph
and Eddies Card Room, 390 Grand Avenue, Carlsbad,
California 92008, respectfully requests your con-
sideration to modify the existing ordinance #5.12
Card Rooms to allow the playing of Panquinque (Pan),
and an increase in the betting limit from $5.00 to
$20.00.
If anything further is necessary please feel free
to contact me.
Thank you.
Sincerely,
RALPH F. BURNETTE, SR.
3
^.12.010 — 5.12.030
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.
- 5.12.0.50 Revocation or suspension of license or
Z . - nJ. " .. permit—Appeal. ; . "
.J.5.JC2.060 Licenses—Number per. person, assignment and
''•' ' transfer. c^rJ-
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
record, if any, of all persons financially or otherwise
75
i '. „ • V ~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 app3.ication 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 -jiecessary 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
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 peiTnit. The action of the chief of
police in this respect shall be subject to an £ippeal 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 be final and
.conclusive. (Ord. 6015 §4).
76
.12.066—5.12.080
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 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 tKe 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 cardrobm, the licensee
ceases operation of his caxdroom 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
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 Koyle, 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. 6015 §1; Ordv 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).
5.12.090—5.12.150
5.12.090 Rates. No charge in excess of the following
"\v 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. .
I 6015 §7). .
5.12.100 Limit on table stakes. Only table stakes
shall be permitted, with a five dollar .limit, • (Ord. 6015-A
••.-•• .-Sis 0£d. 6015 §8) . ..,"-". • • - -
5^J2.110 Cashing of bank checks; The cashing of
- bank checks for players shall not be~permitted in 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 cardroorus 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
exacted for the privilege of playing. (Ord. 6015 §12).
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
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
O u.o o
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO.6069
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER
5.12 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 5.12.070(2), 5.12.100 AND
5.12.150 TO REVISE THE REGULATIONS FOR CARDROOMS
TOVERMIT THE GAME PANQUINQUE AND TO RAISE THE
TABM! STAKES LIMIT TO TWENTY DOLLARS AND TO
INCREASE THE LICENSE FEE
bad, CaliforniaThe CAty Council of the Cityj
does ordain as fallows:
SECTION \: That Title 5, (lhapter 5/12 of the Carlsbad
Municipal Code is atoended/byi the amepdment/bf Section
5.12.070(2) to read ak fdllows:
"(2) No game except pinochle, low-ball draw poker, draw
poker, panquinque, without yariation as defined by Hoyle, contract
or auction bridge, sh^ll oe/played in any cardroom;"
SECTION £: TfcatyTiNtle 5, Chapter 5.12 of the Carlsbad
Municipal Co&e is amended by the amendment of Section 5.12.100
to read as follov
"5.12.\IO|0 Limit on table\stakes. No player shall be
permitted to maftg! any bet in excess\>f $20.00 or bet more than
$100.00 in any one hand and shall in \ny event, be limited to
betting the amount of money then on th\ table belonging to the
player."
SECTION 3: That Title 5, Chapter\5.12 of the Carlsbad
Municipal Code is amended by the amendment 6\f Section 5.12.150 to
replace the word "fifteen" with the word "thirty" wherever it
\appears in that section. \
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
2n |S TKDO r; ^ —, J-O
OQ
" §
^g S. <Olu. y, 5
w 0
|r.
16
i 17
18
19
20
21
22
23
24
25
26
27
28
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the day of
19 / and thereafter
PASSED AND ADOPTED at a regular meeting of said City
.he\Council held on the
the following vote, £o wit:
AYES:
NOES:
ABSENT:
day of by
RY H. CASLERf Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(Seal)
7