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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