HomeMy WebLinkAbout1992-02-04; City Council; 11545; PROPOSED AMENDMENT TO CITY CARD ROOM ORDINANCE).
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F CARLSBAD - AGENDWILL -
DEPT. HE
MTG. A-(/-$& PROPOSED AMENDMENT TO ClW CITY ATT
CITY MG DEPT.
RECOMMENDED ACTION:
dG AB#- TITLE:
CARD ROOM ORDINANCE
Initiate City Council discussion regarding the adoption of an amendment to the Carlsbad Cify Card Room Ordinance that would allow the playing of card games at the Carlsbad Senior Center.
ITEM WfANATION
Mayor Pro Tern Kulchin has requested that this item be placed on the City Council Agenda for discussion. It is suggested that the Carlsbad Card
Room Ordinance be amended to aNow for the fecueafjanaj playing Of Card games at the Carlsbad Senior Center.
The request to amend the Ordinance is in response to concerns raised by participants in the bridge games at the Carlsbad Senior Center. Several weeks ago the City received an anonymous complaint that gambling wab occurring during the bridge games. Senior Center staff investigated anc found that the participants were being charged a small fee in order to pla) and a portion of the fees were dispersed back to those participants with thc best scores. A portion of the funds were also used to fund an annua Christmas party.
The City Attorney, upon review of the City’s Card Room Ordinance, founi that the bridge games did technically violate this Ordinance. At that time l
was also thought that the games might be in violation of State law. Cify sfa
office that the games do not in fact violate State law.
has subsequently received an opinion from the County District Aff orney
FISCAL IMPACT
None at this time.
€XH/BITS
7. Letter from the San Diego County District Attorney’s office.
0 OFFICE OF
101 w BROBDWXY. SLIT S4N DIEGO. C.4 92101-8
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4SbIST41T RICH4RD nl'TR1rr J YEELY 4TTOR4F> THE DISTRICT ATTORNEY
(619) 531-4070 coU>TY OF SA?( DIEGO
EDWIh L. MILLER. JR.
BRIAR E MICHAELS CHIEF WPI TI DISTRMT hl-rnRIF>
RICH4RD C FR4ME DISTRIn ATOR\E? CH1I.F I\\E\TIG4TOR
December 24, 1991
Ella X. Manlowe
2354 Snead Drive
Oceanside, CA 92056
Re: Carlsbad Senior Center Bridge Game
Dear Mrs. Manlowe:
regarding bridge tournaments at the Carlsbad Senior Center.
First, let me state that the playing of bridge for prizes c other consideration does not violate any State law. Californ: Penal Code s330 provides:
I am writing in response to your letter of November
"Every person who deals, plays, or
carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, 'L monte, roulette, lansquenet, rouge-et-noire, rondo, tan, fan-tan, stud-horse poker, seven- and-a-half, twenty-one, hokey-pokey, or any
banking or percentage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and
every person who plays or bets at or against any of said prohibited games, is guilty of a misdemeanor. . . Is
Since bridge is not one of the nmed games, it may be pla for consideration as long as it is not played as a banking
percentage game.
Your problem, however, arises from the Carlsbad Cardr Ordinance. The District Attorney's Office has no authority to d with this local ordinance, that being the responsibility of Carlsbad City Attorney. However, it does appear that :
tournaments are in technical violation of the ordinance.
Since the ordinance prohibits maintaining or conduc . , .any cardroom in the City for the purpose of playing cards
for money, profit, barter or where other consideration excha hands..." your tournaments violate Carkbad City Ordhance
S 5.12.020 only because the entry fee is paid. Without the e fee, there would be no violation.
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Ella M. Manlowe Page 2
December 24, 1991
It does not appear that the ordinance was designed to prohibit tournaments such as yours, but only professionally run cardrooms,
which can attract crime. For this reason, 1 would suggest thatyou approach your City Council and propose that the recreational gaming
exception to 5 5.12.020 be expanded to cover tournaments like yourc
where nominal fees are collected purely to pay for awards.
If I can answer an! further questions, please feel free to contact me at the abovi
address.
I hope this is of some assistance to you.
S incerel ,dL.j Jd f>kJ
WdI.,LIAM’ J. COTJhNS Deputy District Attorney
Special Operations Division
WJC! bsc cc: Lori Lieberman -?
Assistant to the City Manager
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