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Home My WebLink About1987-12-15; City Council; 9251; REPEAL OF EXISTING CHAPTER 5.12 AND ADDITION OF NEW CHAPTER 5.12 RELATING TO CARDROOMSi rl co 0 a 2 0 a $4 0 a a, L1 3 a 0 $4 4-l .rl c rl .rl u !5 5 V 0 n u h > I 0 N CK Q N a I+ 4 co N I .. z 0 k 0 - a 4 G z 3 0 0 CIT#OF CARLSBAD - AGEN BILL w 91 mLE: 7- DEPT. t- REPEAL OF EXISTING CHAPTER 5.12 AND MTGm12/15/87 ADDITION OF NEW CHAPTER 5.12 RELATING CITY A1 DEPT.A TO CARDROOMS CITY M( RECOMMENDED ACTION: If Council concurs, your action is to introduce Ordinance No. L 083 ITEM EXPLANATION Existing Chapter 5.12 allows the existence of one cardroom fo: every 50,000 population within the City. The City has surpas; the 50,000 population mark and it is recommended that the Cit: review this chapter in order to update, revise or repeal it. The proposed ordinance would prohibit new cardrooms within thj City of Carlsbad but would grandfather the existing lawfully operated cardroom. License fees for its continued operation will be based on a fixed fee plus a percentage of gross reven according to Section 5.12.150. The Police Department feels t: the burdens from permitting additional cardrooms outweigh the benefits in that they require law enforcement time and supervision exceeding available manpower that can be devoted . adequately monitoring them. FISCAL IMPACT The City currently receives $450 per quarter ($1,800 per year from the one cardroom operating in Carlsbad. The proposed ordinance would boost the City's revenue from cardroom operations by collecting a portion of the gross receipts in a manner similar to other cities that allow the operation of cardrooms. The precise amount of revenue generated for the C will depend on the gross revenues of the cardroom. No data i available at this time to accurately predict the amount of revenue this measure will raise. EXHIBIT Ordinance No. bo g3 1) m b. 1 2 3 4 5 6 7 8 9 10 11 12 ' Y", a 13 a $5 m d,3Z OWa 14 g0gLT Gzzg & io $206 WZoa 16 >5 N m:r< 15 oK2m gg 2 17 5 18 19 ! 20 21 22 23 24 25 26 27 28 0 a ORDINANCE NO. 6083 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, Califorr does ordain as follows: SECTION I: That Title 5, Chapter 5.12 of the Carl Municipal Code is. hereby repealed. SECTION 2: That Title 5 of the Carlsbad Municipal is amended by the addition of Chapter 5.12 to read as follow "CHAPTER 5.12 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 exceptec Work permit requirements. Revocation or suspension of license or pc Appeal Licenses - number per person, assignment 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. 5.12.0iO Definition. For the purposes of this cha a ttcardroomlt is defined to he any space, room, collection of Or enclosure furnished or equipped with a table used or inter to be used as a card table for the playing of cards and simil games. 5.12.020 Cardrooms Drohibited. It is unlawful for Person to engage in or carry on, or to maintain or conduct, c cause to be engaged in, carried on, maintained or conducted a b , /I 0 0 I1 II 1 2 3 4 5 6 7 cardroom in the City for the purpose of playing cards or gam chance where cards are used for money, profit, barter or whe~ other consideration exchanges hands. This is not intended tc prohibit the recreational playing of cards in single family 1 where no consideration passes to the owner of such single fan residence by virtue of such recreational playing. 5.12.030 Existina lawful use of cardrooms excepted "Cardrooms1I lawfully existing on the date of the passage of t ordinance, may continue to exist provided they shall not be altered, improved, reconstructed, restored, repaired, intensi expanded or extended. In addition, existing cardrooms shall comply with the following requirements. 8 5.12.040 Work permit reauirements. Employees in cardrooms must obtain a work permit from the chief of police, 9 Applications for such work permits shall be submitted under o police necessary to determine whether the applicant is a prop 10 and contain such information as may be deemed by the chief of person to be employed in a cardroom. 11 No work permit shall be issued to any person who is 12 a citizen of the United States and who has not been a residen 0 appears why such person should not be permitted to be employel 7u a Fig such applicant a work permit if, in his opinion, good cause s m 13 the county for at least one year. The chief of police may de. Ow4 14 a cardroom. Each application for work permit shall be accomp $U+ zowa by a fee of ten dollars and the work permit when issued shall 0 c 2 g 15 valid for one year. ;vz< kLU - $282 16 5.12.050 Revocation or suspension of license or De oagm zo 9 - appeal. The chief of police shall have the right for cause =-E % 17 revoke or suspend any cardroom license or cardroom work permid &a (u -10 >o - I- The action of the chief of police' in this respect shall be SUI 0 18 issued hereunder and take possession of such license or permi. to an appeal to the city,council. Notice of such appeal shal 19 21 conclusive. cardroom license or cardroom work permit shall be final and 20 action of the chief of police in revoking or suspending the filed with the license collector within ten days; otherwise tl 5.12.060 Licenses - number per Derson, assignment i 22 transfer. Only one license to one person: assignment or trans of license. No person shall be granted a license to conduct m 23 than one cardroom. No cardroom license shall be assignable 01 transferable. Once a licensee hereunder establishes a cardro< 24 a specific location, he may not thereafter move such cardroom business to another location. Any license issued hereunder SI 25 automatically become revoked upon the occurrence of any of thc following conditions: 26 (1) If after the issuance of a license, the licenst does not begin operation of a cardroom within, six months from 27 date of issuance. The licensee hereunder may, upon written- application to the city council therefor, be granted one 28 2 . -0 1 2 3 4 5 6 7 8 9 10 11 12 rn m 13 0 a Yg g2 0) 0 ow5 3= 14 $E.: ggzg 15 SZSS 16 yg2m 55 2 17 >.0 U t 0 18 19 20 21 22 23 24 25 26 27 28 ti +p 022 * 0 additional six month period within which to begin operation c cardroom; (2) If, after the beginning of a cardroom; the lic ceases operation of his cardroom for a period of thirty days 1 onger . 5,12.070 Rules and requlations. It is unlawful tc operate a cardroom in violation of any of the following regulations and rules: (1) Not more than one cardroom shall be located at one address. On and after the thirtieth day after the effect date of this chapter, all licenses to operate cardrooms in tk city, issued before that time, shall be null and void and of further force and effect; (2) No game except pinochle, low-ball draw poker, poker, panguingue, without variation as defined by Hoyle, con or auction bridge, shall be played in any cardroom; (3) Not more than five tables shall be permitted i cardroom: (4) Not more than eight players shall be permitted any one card table; (5) No minor shall be permitted at any card table, to participate in any game played thereat; (6) All cardrooms shall be closed at two a.m. and 1 remain closed until ten a.m. of every day; (7) All cardrooms shall be open to police inspecti1 during. all hours of operation. 5.12.080 Alcoholic beverases prohibited. No alcoh liquor or.beverage shall be served, consumed, sold or given a in any cardroom, and no cardroom shall have an entrance leadi. any establishment which serves or sells intoxicating liquor. 5.12.090 Rates. No charge in excess of the follow. rates shall be assessed for the privilege of participating in following games: (1) Pinochle - twenty cents per game and fifteen cc per set: (2) Low-ball and draw poker - five percent of each (3) Bridge - sixty cents per hour per.player. 5.12.100 Limit on table stakes. No player shall bc permitted to make any bet in excess of twenty dollars or bet n than one hundred dollars in any one hand and shall in any ever limited to betting the amount of money then on the table belor to the player. 5.12.110 Cashina of bank checks, The cashing of b; checks for players shall not be permitted in any cardroom. 5.12.120 SuDervision - identification badaes of emrJloyees. All card tables shall be supervised by the operatc his employees, who may at their discretion refuse any individL the right to participate. They shall see to it that it is 3 / 0 a ma2 58 $2 3 glL3z zofa QZZE f7.a ,>.io zWod uZoa gg2m 55 9 a a owa >o t 0 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 e 0 operated strictly in accordance with the terms of this chapte and with the provisions of the Penal Code.of the state. Ever operator and employee of an operator of a cardroom licensed hereunder shall at all times when on duty in such cardroom we identification badge containing his photograph, together with name, age, address and description of such individual. 5.12.130 Exterior sisns. No signs or other insign advertising or relative to cardrooms shall be permitted upon exterior of any premises occupied as a cardroom, except the wl ltCARDROOM1l and the name of the operator thereof. Such a sign shall be flush with the building, and shall not be more than 1 and one half feet by six feet in size. 5.12.140 Interior sisns. There shall be posted in every cardroom in letters plainly visible from all parts ther 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 bv citv. There shall collected for each card table where the game of poker is play4 during any portion of the license period the sum of thirty do: 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 play€ the sum of five dollars per table per month, or portion therec payable quarterly in advance. In addition to the above amount there shall be an additional license fee based upo'n total mont gross revenue of the cardroom so licensed, according to the following schedule: MONTHLY FEE BASED ON THE FOLMWI 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 ScoDe of chaDter. The council declares th it is not the intention of this chapter to license any cardroo for the playing of any game prohibited by the laws of this sta 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 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 ' chapter shall be guilty of a misdemeanor and shall be punished a fine of not more than $1,000 or by imprisonment in the count: jail for a priod not exceeding six months, or by both. 4 . JL 0 U mw 98 g$ 8 OL2Z 0 205g O_+s ,tu& I;?+ +>I30 zWod wzoa oaYm zo I? >k a >J owa - i- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 28 19 20 21 22 23 24 25 26 27 28 e 0 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 19 amended in 1956, there has not been the need generated for cardrooms in Carlsbad and the City Council finds that additit cardrooms are unnecessary and undtesirable. The costs of additional police protection, supervision, administration ant other administrative costs far outweigh the benefits and rev1 generated by the allowance of additional cardrooms. B. There is a potential conflict between appellatt court districts and the attorney general which has led to confusion and Uncertainty among cities and counties whether 1 ordinances allowing for the operation of cardrooms additiona: allow for the playing of games not specifically prohibited b 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 195 amended in 1956, there have become available additional statc opportunities for engaging in gambling which are not matters 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 cert to the adoption of this ordinance and cause it to be publishe least once in the Carlsbad Journal within fifteen days after adoption. INTRODUCED AND FIRST READ at a regular meeting of tl Carlsbad City Council on the 22nd day of December t 1987, and thereafter 5 .' * 1. 1 e e PASSED AND ADOPTED at a regular meeting of the Cit 2 1988, by the following vote, to wit: 3 Council of the City of Carlsbad on the 5th day of January 4 NOES; None 5 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and 6 APPROVED AS TO FORM AND LEGALITY 7 ABSENT : None 8 9 10 11 12 0 ij g 131 gs 8 z n 0 u'a 14 ggxz $>>O ,caU. i.5: 8232 >$ 9 17 15, I-&" - = 00 16 zo y >0 u I- 18 t"%da f7. k: d- 66. Be" VINCENT F. BIONDO, JR., City Attorne ATTEST: LLmL Q. Rdd" ALETHA L.' RAUTENKRANZ, Citk Clerk 19 11 1 20 21 22 23 24 25 26 27 28 6 II