Chapter 5.36 CARDROOMS

5.36.010 Permit--Required.

5.36.020 Definitions.

5.36.030 Permit--Application.

5.36.040 Permit--Applicant investigation--Issuance or denial.

5.36.050 Permit--Fee.

5.36.060 Permit--Exemptions.

5.36.070 Permit--Nontransferable.

5.36.080 Regulations.

5.36.090 Employee work permit--Required.

5.36.100 Employee work permit--Application--Issuance conditions.

5.36.110 Employee work permit--Fee.

5.36.120 Employee work permit--Denial appeal.

5.36.130 Permit or employee work permit suspension and revocation.

5.36.140 State law violations.

5.36.010 Permit--Required.

No person, firm or corporation shall engage in, carry on, maintain, conduct or cause to be engaged in, carried on, maintained or conducted any cardroom in any public place in the county without first having secured a permit from the board of supervisors so to do in accordance with the requirements of this chapter, nor without complying with the regulations contained herein pertaining to the operation of cardrooms. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 1, 1968.)

5.36.020 Definitions.

For the purpose of this chapter the following words shall have the meaning set forth in this section:
A. “Cardroom” means any space, room or enclosure, furnished or equipped with a table used as a card table for the playing of cards and similar games, and the use of which is available to the public or any portion of the public; provided, however, that “cardroom” shall not include a room to which the public is admitted and in which the sole card game played is duplicate bridge;
B. “Public place” means and includes any place or premises except a bona fide private dwelling or apartment house, or a suite or room which is used in good faith as a residence of one or more persons in an apartment house, lodging house, hotel or other institution of similar character. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 2, 1968.)

5.36.030 Permit--Application.

Applications for cardroom permit shall be executed under penalty of perjury and submitted to the sheriff of Mono County on forms to be obtained from the license collector upon payment of the permit fee prescribed in Section 5.36.050. Application shall require that the applicant provide the following information and identification:
A. The particular place of premises, including the street name and address, or equivalent, where such game is to be conducted or carried on;
B. The name and address of the owner or owners, or lessee or lessees, of the place or premises where the game is to be carried on at the location;
C. The names and addresses of all persons financially interested in the cardroom business or enterprise. “Persons financially interested” includes all persons who hold notes or other evidence of indebtedness against the business, and also includes all persons who share in the profits of the business whether on the basis of its gross or net revenue or otherwise;
D. The names and addresses of all persons who shall have charge of or be involved in the actual operation, management and supervision of the cardroom and the game or games carried on therein. Applicant shall specify the extent of the authority of each person so identified;
E. The past criminal record, if any, of the applicant, of all persons financially interested in the business, and of all persons involved in the actual operation, management and supervision of the cardroom;
F. The applicant’s citizenship and length of residence in the county;
G. The application shall be accompanied by fingerprints and recent photograph of the applicant. The application must also contain the applicant’s acknowledgement that if a permit is granted thereon applicant expressly consents to inspection of the cardroom and business premises at any time by the sheriff or any regularly appointed deputy sheriff of the county, and that the cardroom and business premises shall at all times be operated, managed and supervised in strict compliance with the laws, rules and regulations of the state and of the county. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 3, 1968.)

5.36.040 Permit--Applicant investigation--Issuance or denial.

Upon receiving such application the license collector shall deliver a copy to the sheriff of the county who shall conduct an investigation as to the moral character of the applicant and whether the proposed location is a suitable and proper place for conducting the cardroom, and he shall report thereon to the board of supervisors within such time as is practicable. The board of supervisors shall deny an application for a cardroom permit if any of the following appear:
A. The applicant or any person involved in the operation, management or supervision of the cardroom has previously been convicted of a felony or any crime of moral turpitude not amounting to a felony;
B. In the opinion of the sheriff or the board of supervisors, the applicant is not a fit and proper person to operate a cardroom;
C. The cardroom is to be located within any area of the county which is wholly residential; or if the cardroom is to be located adjacent to a wholly residential area or in a mixed residential-business area, it is the opinion of the sheriff that the issuance of the cardroom permit would tend to cause a law enforcement problem or public nuisance;
D. The cardroom is to be located near any other public or private facility where minors congregate, where the presence of the cardroom would be detrimental to public morals, cause a law enforcement problem or create a public nuisance;
E. The applicant is not a citizen of the United States or has not resided in the county for at least three years immediately preceding the issuance of such permit. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 4, 1968.)

5.36.050 Permit--Fee.

A. Cardroom permits may be issued for a period not to exceed six months from the date of issuance or for a period not to exceed twelve months from the date of issuance. The application shall state whether the applicant desires a permit for a period not to exceed six months from the date of issuance or for a period not to exceed twelve months from the date of issuance.
B. The initial fee and renewal fee shall be paid by the applicant to the license collector upon obtaining the initial application form or renewal form. The fees for each table shall be:
1. One hundred twenty-five dollars for a period not to exceed six months from the date of issuance;
2. Two hundred fifty dollars for a period not to exceed twelve months from the date of issuance.
C. No part of the fee set forth in subsection B shall be refunded except in the event of denial of an initial application, in which event, the fee posted by applicant will be refunded, less the sum of fifty dollars, which shall be retained by the county.
D. Renewal of a permit may be for a period of time, consistent with this section, either longer or shorter than the original application or any renewals thereof. (Ord. 76-383-B § 1, 1976: Ord. 73-434 § 14 (part), 1973: Ord. 383 § 5, 1968.)

5.36.060 Permit--Exemptions.

Constituent lodges of fraternal organizations who have had lodges in California for twenty-five years or more shall not be required to apply for or obtain a cardroom permit so long as:
A. The card tables are for the exclusive use of members of the fraternal organization or nonpaying guests; and
B. No charge is made for the use of the card tables. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 6, 1968.)

5.36.070 Permit--Nontransferable.

No person shall be granted a permit to conduct more than one cardroom, or have financial interest in other cardrooms in the county. No cardroom permit shall be assignable or transferable. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 7, 1968.)

5.36.080 Regulations.

Except as otherwise herein provided no person shall operate a cardroom in violation of any of the following regulations:
A. Not more than one cardroom shall be located at any one address;
B. No person shall deal, play or carry on, open or cause to be opened, or conduct, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, fan, fan-tan, stud-horse poker in any form, seven and one-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, dominoes or any device, for money, chips, checks, credit or other representative of value, or bet at or against any of said prohibited games in any cardroom;
C. Not more than three tables shall be permitted in any cardroom;
D. No more than eight players shall be permitted at any one card table;
E. No minor shall be permitted in any cardroom or participate in any game played thereat;
F. All cardrooms shall be open to sheriff’s inspection during all hours of operation;
G. The cashing of bank checks for players shall not be permitted in any cardroom;
H. Each card table shall be assigned to a person whose duty shall be to supervise the game and see to it that it is played strictly in accordance with the terms of this chapter, and with the provisions of the Penal Code of the state;
I. No signs or other insignia advertising or relative to cardrooms shall be permitted upon the exterior of any premises occupied as a cardroom; except a sign with the wording “Club Room” or “Cardroom” not to exceed six hundred forty-eight square inches in size;
J. No person who is in a state of intoxication shall be permitted in a cardroom;
K. No person who has been convicted of a felony or of a narcotics violation shall be permitted in a cardroom;
L. The deal must pass each hand; no one person will be allowed to deal for another;
M. No owner, operator or employee of a cardroom will buy, accept in hock or pawn or take in exchange for credit or chips, any merchandise or article of value, new or used;
N. No owner, operator or employee of a cardroom will issue chips or money to a patron on credit or loan (including but not limited to IOU’s and checks to be held) or allow any patron to play on credit;
O. Each cardroom licensee or licensees shall post in a conspicuous place on the premises rules and regulations of the game being played;
P. Cardrooms or card tables shall not be located in the same room as dance floors, restaurants, cafes or other rooms where minors are admitted, unless separated therefrom by a wall or partition at least six feet in height, and cardrooms or card tables shall be so arranged that they shall not be open to view from the street or sidewalk;
Q. The only rental fees for table space shall be at the rate of two dollars for every half hour, or four dollars per hour, or fraction thereof, and shall be a direct charge to each person at the card table.
The provisions of subsections A, C, F, G, H, and I of this section shall not apply to a nonprofit society, fraternal or labor organization. (Ord. 79-434-C § 1, 1979: Ord. 73-434 § 14 (part), 1973: Ord. 383 § 8, 1968.)

5.36.090 Employee work permit--Required.

No person shall be employed in any cardroom in any public place in the county in any capacity directly connected with the operation and supervision of card tables and games without first having secured a permit from the sheriff of Mono County so to do in accordance with the requirements of this chapter. For the purpose of this chapter, “cardroom employee” includes dealers, overseers and others directly connected with the operation and supervision of card tables and games but shall not include waitresses, bartenders, culinary workers or other employees whose duties are not involved in the operation and supervision of tables and games. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 9 (part), 1968.)

5.36.100 Employee work permit--Application--Issuance conditions.

Applications for such work permits shall be executed under penalty of perjury and contain the past criminal record, if any, of the applicant and such other information as may be deemed by the sheriff necessary to determine whether the applicant is a proper person to be issued a cardroom work permit. The application shall also be accompanied by fingerprints and recent photograph of the applicant. A work permit shall be issued only to citizens of the United States who have resided in the county for at least three months immediately preceding the issuance of such work permit. This residency requirement may be waived upon proper application to the board of supervisors if all other requirements of this section are met and the applicant can show similar employment within the county or adjacent counties, and obtains the recommendation of one or more residents of the county. The sheriff shall deny to such applicant a work permit if any of the following appear:
A. The applicant has previously been convicted of a felony or any crime of moral turpitude not amounting to a felony;
B. The applicant has been previously convicted of any narcotics violation or violation of gambling laws or ordinances;
C. The applicant is not, in the opinion of the sheriff or the board of supervisors, a fit and proper person to engage in such work. (Ord. 73-434 § 14 (part), 1973: Ord. 383-A (part), 1968: Ord. 383 § 9 (part), 1968.)

5.36.110 Employee work permit--Fee.

Each application for a work permit shall be accompanied by a fee of fifty dollars and permit shall be valid for a period of one year. The fifty dollar fee is to cover the costs of investigation and handling and shall not be returned in the event that the work permit is refused, revoked or suspended as hereinafter provided. Only one such work permit shall be required each year, even though the holder of such work permit may change his place of employment within the county. (Ord. 73-434 § 14 (part), 1973: Ord. 383-A (part), 1968: Ord. 383 § 9 (part), 1968.)

5.36.120 Employee work permit--Denial appeal.

The action of the sheriff in denying such a work permit on the basis of the applicant not being a fit and proper person shall be subject to appeal to the board of supervisors. Notice of such appeal shall be filed with the clerk of the board within ten days after denial of such work permit. Upon failure to file such notice within the ten day period, the action of the sheriff in denying such work permit shall be final and conclusive. (Ord. 73-434 § 14 (part), 1973: Ord. 383-A (part), 1968: Ord. 383 § 9 (part), 1968.)

5.36.130 Permit or employee work permit suspension and revocation.

The sheriff shall have the right for cause to suspend any cardroom permit or cardroom work permit issued under this chapter and to take possession of such permits. Any of the grounds under which the sheriff or the board of supervisors shall be required to refuse to issue an initial cardroom permit or cardroom work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of the holder of a cardroom permit or cardroom work permit to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such cardroom permit or work permit. The action of the sheriff in this respect shall be subject to an appeal to the board of supervisors. Notice of such appeal shall be filed in writing with the clerk of the board within ten days after the revocation or suspension. Upon failure to file such notice within the ten day period, the action of the sheriff in revoking or suspending the cardroom permit or cardroom work permit shall be final and conclusive. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 10, 1968.)

5.36.140 State law violations.

The board of supervisors declares that it is not the intention of this chapter to sanction the issuance of a permit to any cardroom for the playing of any games prohibited by the laws of this state, including but not limited to those games enumerated in Section 330 of the Penal Code of the state, which section includes banking and percentage games. (Ord. 73-434 § 14 (part), 1973: Ord. 383 § 11, 1968.)