HomeMy WebLinkAboutORD NO 3437ORDINANCE NO. a,&3 7
AN ORDINANCE AMENDING CHAPTER 5.16 OF
THE BAKERSFIELD MUNICIPAL CODE
RELATING TO CARDROO~S.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 5.16 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 5.16
CARDROOMS
Sections:
5.16.010
5.16.020
5.16.030
5.16.040
5.16.050
5.16.060
Definitions.
Permit required.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeal.
5.16.010 Definitions.
Whenever used in this chapter, unless a different
meaning clearly appears from the context, the words set out in
this section shall have the following meanings:
A. "Cardroom" is 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, and the
use of which is available to the public or any portion of the
public; provided, that a cardroom shall not be a room to which the
public is admitted and in which the sole card game played is
duplicate bridge.
B. "Person" means any individual, partnership,
corporation or association of any nature whatsoever.
5.16.020 Permit required.
It is unlawful for any person to keep, maintain, operate
or be employed in a cardroom in the city in violation of this
chapter, or without having first procured and maintained a valid
permit from the city manager or his designee.
ORrG~N^L
5.16.030 A~plication - Issuance - Fee.
A. Applications for permits under this section shall be
made on forms to be furnished by the city manager or his designee,
shall be submitted no less than fourteen days prior to
commencement of business, shall be signed under penalty of perjury
by the applicant and shall require the following information:
1. The name, mailing address, title, telephone
number, previously used names, date of birth, sex, height, weight,
eye color, hair color, driver's license number, social security
number, and arrest record, if any, of the applicant, all persons
who will be employed by the business, and all persons having a
financial interest in the business;
The name, mailing address and location of the
business;
3. The business tax certificate number of the
business; and
4. Prior permits held and whether such permits
were ever revoked or suspended, and the reasons therefor.
B. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. That the application is complete and truthful.
2. That neither the applicant nor any of his
employees nor any person having a financial interest in the
business has been convicted of a crime substantially related to
the qualifications, functions or duties of the business for which
application is made, unless he has obtained a certificate of
rehabilitation.
3. That neither the applicant nor any of his
employees nor any person having a financial interest in the
business has done any act involving dishonesty, fraud or deceit
with the intent to substantially benefit himself or another, or
substantially injure another.
4. That the building and the business for which
the application is made will be maintained and conducted in
accordance with all laws of the city and the state, including, but
not limited to health, structural soundness, fire safety and
zoning.
5. That a valid business tax certificate has been
issued for this cardroom.
OHI~i~AL
issued under this
the city manager
unrelated to this
That the applicant has not had a permit,
section, revoked in the past five years, unless
finds that the reasons for such revocation are
application.
7. That no more than the number of permits
authorized by Section 5.16.040(D) is outstanding at any one time.
C. All permits issued under this chapter shall remain
in effect until December 31 of the calendar year of issue, unless
earlier suspended or revoked. All permits issued under this
chapter and in effect at the time of passage of the ordinance
enacting this chapter, shall remain valid until December 31 of the
year of such enactment, unless earlier suspended or revoked.
D. The applicant shall pay a fee not to exceed the cost
of processing any such application and inspecting such business as
set forth in Section 3.70.040.
E. Permits may be issued with conditions to ensure that
the cardroom will be operated in a safe and legal manner, will not
disturb the peace and quiet of the neighborhood and will not
constitute an undue burden on city resources.
F. All applicants for a permit pursuant to this chapter
shall be required to be fingerprinted and photographed by the
Bakersfield police department.
5.16.040 Regulations.
A. No person shall be granted a permit to conduct more
than one cardroom or to maintain branch locations.
B. No cardroom shall operate at any time unless there
is displayed in a location clearly visible to the public a valid
permit, issued pursuant to the provisions of this chapter, to so
operate.
C. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant and
location provided on the application for such permit.
D. No more than one cardroom permit per 20,000
population within the city limits shall be issued and outstanding
in the city at any one time. Permits shall be issued on a first
come, first serve, basis. Priority as between applications made
the same day shall be determined by a drawing conducted by the
city manager or his designee.
E. Not more than one cardroom shall be located at any
one address.
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ORI(~iINAL
F. No person shall deal, play, carry on, open, cause to
be opened, or conduct any game of faro, monte, roulette,
lansquenet, rouge-et-noir, rondo, fan, fan-tan, stud-poker in any
of its various forms, 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 the
prohibited games in any cardroom.
G. Not more than eight tables upon which any game of
cards is played shall be permitted in any cardroom.
H. Not more than ten players shall be permitted at any
one card table.
I. Cardrooms shall be located on the ground floor of
the building in which they are located.
J. No minor shall be permitted in any cardroom, or
participate in any game played thereat.
K. No person shall conduct or operate, or permit to be
conducted or operated, a cardroom between the hours of two a.m.
and six a.m. of the same day, nor shall any person, except the
owner, manager or employee be, or remain, on the premises of a
cardroom between the hours specified in this section.
L. All cardrooms shall be open to police inspection at
any time.
M. No alcohol may be served or consumed in any
cardroom, nor may any entrance to or from any pool hall or place
where any alcoholic beverage is served or sold be permitted in any
cardroom.
N. The cashing of bank checks for players shall not be
permitted in any cardroom.
O. 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. This person
may have more than one table under his supervision. He shall not,
however, participate in any game.
P. All employees of the cardroom shall, at all times
while in the cardroom, wear on their person, in plain view, a
cardroom employee identification card so as to be readily
identified as an employee by anyone who enters the cardroom.
ORIGINAL
Q. No signs or insignia advertising or relative to
cardrooms shall be permitted upon the exterior of any premises
used as a cardroom.
R. No person who is intoxicated shall be permitted in
a cardroom.
S. No person who has been convicted of bookmaking, sale
of controlled substances or illegal gambling activities
shall be permitted in a cardroom.
T. No owner, operator or employee of a cardroom shall
issue chips or money to a patron on credit or loan (including, but
not limited to, the use of IOU's, checks to be held, credit cards,
or any transfer of anything of value without receipt of
simultaneous payment or compensation therefor in a sum of United
States currency or coin of equal value) or allow any patron to
play on credit.
U. The provisions of subsections A, C, E, G, I, J and
K shall not apply to a nonprofit fraternal or labor organization.
V. It shall be the duty of the permit holder to notify
the administrative vice division of the police department, and the
treasurer's office, in writing, upon the severance of any cardroom
employee.
5.16.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager whenever he finds:
A. That
application; or
misrepresentations were made on the
B. That the applicant has been convicted of a crime
substantially related to the qualifications, functions or duties
of the business for which application is made, unless he has
obtained a certificate of rehabilitation; or
C. That the applicant has done any act involving
dishonesty, fraud or deceit with the intent to substantially
benefit himself or another, or substantially injure another; or
D. That any of the terms or conditions of said permit
have been violated, or that the business has been operated in
violation of local, state or federal law.
5.16.060 Appeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a permit
or for the revocation of a permit, then said applicant may, no
later than ten days after notice of such decision is deposited in
the United States mail, addressed to the applicant or permittee at
the address provided on the application, make written objection to
the city council setting forth the grounds for dissatisfaction,
whereupon the council shall hear said objections at a regular
meeting no later than three weeks following the filing of the
objection with the city clerk. The applicant shall be given
written notice no less than three days prior to said hearing. The
council may, upon said hearing, sustain, suspend or overrule the
decision of the city manager, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision
of the city manager shall remain in full force and effect and any
reversal thereof by the city council shall not be retroactive but
shall take effect as of the date of the council's decision.
SECTION 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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ORIG!NAL
I ~R~RRy CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on JAN 2 9 ~992 , by the following
vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JAN 2 9 ~99~
CLARENCE ~.. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRenCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
LCM/meg
BUS-ORD\
CARDRM2.O-4
1/7/92
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern)
CAROL WILLIAMS, Being duly
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
sworn, deposes and says:
acting and qualified City Clerk of the City
5th day of _ February 19_9_2[ she
City Hall, a full, true and correct copy of
3437 , passed by the Bakersfield
29th day of January 19~2_,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk