HomeMy WebLinkAboutOrd 1992-2528 ORDINANCE NO. 2528
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
5.20 AND SECTION 5.07.030 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO CARDROOMS
SECTION I: That Sections 5.20.030, 5.20.035, 5.20.040, 5.20.060,
5.20.110, 5.20.120, 5.20.160, 5.20.180, 5.20.190, 5.20.200 and 5.20.210 of
Chapter 5.20 of the Chula Vista Municipal Code are hereby amended to read as
follows:
5.20.030 License-Number permitted and transferability.
The number of licenses authorized for issuance under the provisions
of this chapter shall be limited, based upon the population of the city as
shown upon the population certified by the state Department of Finance.
The number so authorized shall be one per forty thousand residents or any
fraction thereof. All such licenses shall be issued in accordance with
the provisions of this chapter; provided, however, those persons holding
a license to conduct cardroom operation upon the effective date of this
section may continue to hold such licenses subject to the revocation
provisions set forth in this chapter. Any license issued pursuant to this
chapter may be transferred upon the approval of the chief of police to a
person meeting all of the requirements for the initial issuance of such a
cardroom license, subject to the ratification of the City Council which
approval may be withheld in the sole discretion of the Chief of Police and
which ratification may be withheld in the sole discretion of the City
Council, and such approval and ratification may, but is not required to,
be based entirely or in part on the assessment by the Chief of Police or,
as applicable, the City Council, of the character of the proposed
licensee, or when, in the opinion of the approving or ratifying entity,
there appears to be good cause why such person should not operate a
cardroom; provided, however, that with the exception of those licenses
which have been issued prior to the effective date of the ordinance set
forth in this section and Section 5.20.040, no license may be so
transferred unless the holder thereof has been operating a cardroom for
three years at a fixed location in the city. For the purposes of this
section, it shall be deemed to be a transfer of a license requiring
approval of the Chief of Police and ratification by the City Council if a
shareholder of a corporate licensee transfers any shares in the corporate
licensee. It shall also be deemed to be a transfer of a license requiring
approval of the Chief of Police and ratification by the City Council if a
partner of a partnership licensee transfers all or any portion of his or
her partnership interest.
5.20.035 Consolidation-Permitted.
Notwithstanding the provisions of Section 5.20.160 regarding the
maximum number of tables on premises, the City Council may, in their sole
discretion, grant one additional license, but no more than one, to a
Ordinance No. 2528
Page 2
person having an interest in or holding a license to any cardroom in the
city but then only in accordance with the procedures set forth in this
chapter and only if the total number of licenses issued, including
consolidated licenses as two separate licenses, does not exceed the
maximum permitted by Section 5.20.030. If such application for an
additional single license is granted, the maximum number of tables
permitted in the consolidation of two cardrooms is twelve (12}. No
licensee may obtain or have issued more than two licenses. A person shall
be deemed to have an interest in, or hold, an existing license if said
person is a designated licensee, if they are presently married to an
existing licensee, if they are the parent or child of an existing
licensee, if they own shares in a corporation that owns a license or has
a partnership interest in a license, if they own a partnership interest in
a partnership that has a license or owns shares in a corporation that owns
a license.
Consolidation occurs whenever a cardroom licensee or a person having
a financial interest in a cardroom obtains a license to operate an
additional cardroom or acquires a financial interest in an additional
cardroom.
5.20.040 License-Initial issuance procedure.
All licensees shall comply with the provisions of this chapter. Any
applicants requesting a license as permitted in Section 5.20.030 shall pay
a nonrefundable fee as presently designated, or as may in the future be
amended, in the Master Fee Schedule, Section 5.20.040, to cover the cost
of investigation. No applicant requesting a license pursuant to this
section may have any financial or other interest as set forth in Section
5.20.035 in any other cardroom license, or application pending therefore.
Each application shall be totally independent and unassociated with any
other application being submitted for the purpose of obtaining such a
license. The initial period for issuance of new cardroom licenses shall
be the month of May, 1977, and in the month of May in subsequent years
should there be additional licenses available. After the termination of
the open period in May, no further licenses shall be issued until the
succeeding open period. In the event that there are applications in
excess of the number of licenses available in accordance with the
limitations set forth in Section 5.20.030, based upon population, the
Chief of Police shall conduct a public lottery to select those applicants
who shall be investigated to determine if they are qualified to be issued
any available cardroom licenses as approved by the Chief of Police,
subject to ratification of the city council.
Upon the issuance of available cardroom licenses, the Chief of Police
shall authorize the refund of any application fee to any persons who were
not subject to investigations.
Ordinance No. 2528
Page 3
5.20.060 License-Application required-Contents-Issuance prerequisites.
An applicant for a cardroom license shall submit his application to
the Chief of Police, which application shall be under oath, and shall
include, among other things, the true names and addresses of all persons
financially interested in the business. The past criminal record, if any,
of all persons financially or otherwise interested in the business shall
be shown on such application. The term "persons financially interested"
shall include all persons who share in the profits of the business, on the
basis of gross or net revenue, including landlords, lessors, lessees, the
owner or owners of the building, fixtures or equipment. The application
shall also be accompanied by fingerprints of persons financially
interested.
5.20.110 Games permitted, conditions.
All card games which have been determined by the Attorney General to
be within the permissible subject of local licensing by California cities
may be played in any licensed cardroom on the following conditions, except
that pai-gow, Super Pan, California 22 and panguingue may not, under any
circumstances, be played:
1. A written set of rules {"Games Rules") for a proposed card game are
on file with the City and have been approved, in writing, by the
Chief of Police at the time of playing the game. Said approval may
be amended, conditioned or revoked from time to time in the sole
discretion of the Chief of Police.
2. A copy of the approved Game Rules showing thereon the approval of
the Chief of Police are posted in the Cardroom in a conspicuous
place readily available to the patrons or prospective patrons and
visible from any seat at any card table on the premises.
3. The game is played strictly according to said Game Rules.
Variations of the game, unless specifically described in the Game
Rules, shall not be allowed.
5.20.120 Hours and days of operation.
No card table licensed under the provisions of this code which is
maintained or operated in connection with any other business shall be used
for any card game from one o'clock a.m. to nine o'clock a.m. of any day.
All places which are devoted exclusively to the operation or maintenance
of a card table business shall be kept closed each day from one o'clock
a.m. to nine o'clock a.m. No card table shall be used for any card game
on Sunday except from midnight until one a.m.
Ordinance No. 2528
Page 4
5.20.160 Maximum number of tables on premises-Arrangement.
No more than eight {8} tables shall be permitted at any premises
licensed as a cardroom pursuant to this chapter, except that at cardrooms
operating under two consolidated licenses, twelve {12} tables shall be
permitted, and said playing area shall be located on the ground floor and
the tables shall be arranged so that the playing surface of each table
shall be visible from the sidewalk or public walk immediately adjacent to
the cardroom. The holder of a cardroom license may appeal the visibility
requirement to the zoning administrator.
5.20.180 Bets and wagers permitted when,
No bet or wager in any game shall exceed the sum of thirty dollars,
and only table stakes shall be permitted. No jackpots shall be allowed.
5.20.190 Charges for game playing-Maximum designated.
No charge in excess of thirty-seven and a half cents {$.375} per
hand per player shall be collected from any player for the privilege of
participating in any game.
5.20.200 Signs to be posted in cardroom-Contents.
There shall be posted in every cardroom in letters plainly visible
from all parts thereof, signs stating which games have been approved for
play at said cardroom by the Chief of Police, and stating the charge per
hour exacted from each player for the privilege of playing. In addition
to the foregoing, each table shall identify by prominent sign located
thereon the game which is currently being played at said table.
5.20.210 License-Revocation criteria.
Licenses for cardrooms may be revoked in the manner and for the
reasons set forth in Section 5.02.180 et seq. of this code and for any
violation of any of the provisions of this chapter. The City may, but is
not required, to impose a fine in lieu of revocation.
SECTION II: That Master Tax Schedule at Section 5.07.030, at the line
items indicated thereon as 5.20.050, Card Table, is hereby amended to read as
follows:
5.20.050, Card Table, Tax Rate from January 1, 1993 to December 31, 1993,
$1,500 per quarter per licensed table; payable in advance quarterly.
Ordinance No. 2528
Page 5
SECTION III: This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presente b~ Approved as to form by
Ordinance No. 2528
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 1st day of September, 1992, by the following vote:
AYES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverl~A. 'Authelet, City
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2528 had its first reading on
August 25, 1992, and its second reading and adoption at a regular meeting of said
City Council held on the 1st day of September, 1992.
Executed this 1st day of September, 1992.
Beverly~.Au'thelet, City Clerk