Title 5 BUSINESS LICENSES AND REGULATIONS
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.)
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