HomeMy WebLinkAbout1789., Ord ante No. I789
AN ORDINANCE AMENDING SECTIONS 15--13
AND 12--23 OF THE BEITTE COIENTY CODE
1 The Board of Supervisors of the County of Butte
2 DO ORDAIN as follows:
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3 'Section 1. That Section 15-13 is hereby amended to
4 read as follows:
5 Section 15-13. Gambling is defined to be the
6 playing of any games with cards or otherwise or the playing of an;y
7 contrivance or device, mechanical or otherwise for money, credit,
8 merchandise or other things of value.
9 It is unlawful to gamble in the county or for a
10 person to permit gambling on any premises occupied, leased or
1Z owned by him or under his control, except as otherwise provided
12 in this chapter.
13 Section 2. That Article 3 of Chapter 15 of the Butte
14 County Code is hereby added to read as follows:
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16 Sections:
17 15-70 Draw Poker.
18 75-71 "Cardraom" defined.
19 15-72 License-Required.
20 15-73 Same-Application; fingerprinting and photographing;
citizenship requirement.
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22 75-74 Same-Denial; appeal.
23 15-75 Same-Only one license to one person; assignment or
24 transfer.
~ 15-76 Same-Fees. ',
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15-77 Same-Revocation.
15-78 Same-Clubs exempt from license requirements.
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15-79 Employee work permits-Required on cardroom
employees; "cardroom employees" defined.
15--80 Same-Application; fingerprinting and photographing;
citizenship requirements.
15-81 Same-Genial of permit.
15-82 Same-Fee.
15-83 Same-Appeals from denial.
15-84 Same-Suspension or revocation,
15-85 Rules and regulations for cardrooms.
'15-86 State law violations.
Section 15-7Q. The game of draw poker, including
lowball poker, is permitted when played in a cardroom or other
facility having a cardroom license, ar in private residences
when such games are not open to the public. A game is open to the
public when participation is permitted other than by direct
invitation of the tenant of the residence or when the game is
for other than the social enjoyment of thase,~present.
Section 15-71. cardroom defined. For the purpose
of this chapter, a "cardroom" is hereby defined to be any space,
roam or enclosure, furnished or equipped with a table used or
intended to be used as a card tab?'e 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 this section
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shall not apply to any bona -Fide nonprofit society, club,
fraternal, labor or other organization, as defined in Section
Section 15-72. License-Requ~.red. It sha17 be
unlawful for any person, for himself, or for any other person,
to engage in or carry an, ar to maintain, or to conduct, or
cause to be engaged in, carried on, maintained or conducted,
any cardroom in the county without first having secured a license
from the county to do so according to each and every requirement
of this chapter or without complying with each and every regula-
Lion contained herein pertaining to such cardroom.
Section 15-73. Same-Application; fingerprinti_ng__
and photographing; citizenship requirement. An applicant for a
cardroom license shall .submit his application to the Sheriff,
which application shall be u~n~d°e~r~ oath, and shall include, among
other things, the true names and addresses of all persons
financially interested in the business. The term "persons
financially interested" sha11 include all persons who share in
the profits of the business on the basis of grass or net revenue,
The past criminal reEOrd, if any, of the applicant and of all
persons financially interested in the business shall be shown on
such application. The application sha11 also be accompanied
by fingerprints, a photograph and a physical description of the
applicant and of persons financially interested in the business.
A license may be issued only to citizens of the United States of
America.
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Section 15-74. Same-Genial; appeal. The Sheriff
shall deny any applicant for a cardroom license, a license to
operate such cardroom if;
{a) The applicant has previously been con-
victed of any narcotics violation, a felony involving theft,
or any crime involving moral turpitude within the past ten
years; or
(b) The applicant is not in the opinion of
the Sheriff a person o~F goad moral character.
The action of the Sheriff in denying such a licensE
an the basis of the applicant not being a person of good moral
character shall .be subject to an appeal to the Board of Super-
visors. Notice of such an appeal shall be filed with the county
clerk within ten days after the denial of the license. Upon
failure to file such notice within the ten-day period, the action
of the Sheriff in. denying such license shall be~final and con-
clusive.
Section 15-75. Same-Only one license to one
ep rso_n; assignment or transfer. No person shall be granted a
license to conduct more than one cardroom. No cardroom license
shall be assignable or transferrable.
Section 15-76. Same-Fees. Notwithstanding any
of the provisions pertaining to the licensing of cardrooms
heretofore enacted, the fee, annually, for such license shall be
five hundred ($500.00) dollars for one cardroom table and
bane hundred {$100.00) dollars for each additional cardroom
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table operated by such licensee.
Section 15-77. Same-Revocation. If an.y licensee
shall not daily operate the cardroom licensed thereby during the
usual hours of operation for at least eleven months of each
year, the Sheriff shall revolve and cancel such license.
Section 15-73. Same-Clubs exem t from license
jrequirements. A nonprofit society, club, fraternal, labor or
other organization having adopted bylaws and duly elected directors
and members may be granted a license, without payment of a fee,
b,y the Sheriff when it appears that the tables are for the
.exclusive use of members of the society, club, fraternal, labor
~'or other organization and no charge is made for an.y of the
facilities.
Section 15=79. Emp1o.yee work permits - Required
of cardrao,m,,,,e,~.pl„o„yees; "cardroom employees" defined. Cardroom
employees must obtain a work permit from the Sheriff. Cardroom
employees for the purpose of this chapter are defined as dealers,
overseers and othersdirectl,y connected with the operation and
supervisor of the card tables and excYudinc? waitresses, bartenders.,
culinary workers and others rat connected with such operation and
supervision.
Section 15-80. Same-Application; fin er riming
and photographing; citizenship requirements. Applications far
work permits for cardroom employees shall be submitted .under
oath and contain the past criminal record, if any, of the
applicant and such information as ma,y be deemed b.y the Sheriff
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necessary to determine whether the applicant is a proper person
to be issued a cardroom work permit. The application shall also
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be accompanied by fingerprints, a photograph and a phvsi-ca
'description ofi the applicant. A work permit shall be issued
only to citizens of the United States of America.
Section 15-81. Same-Denial of ermit. The
Sheriff shall deny to such applicant a work permit if:
{a) The applicant has previously been convict-
ed of any narcotics violation, a fielan,y involving theft, or any
crime involving moral turpitude within the past ten years, or
(b} The applicant is not in the opinion of
the Sheriff a person of good moral character, provided, however,
lin the event a permit is denied thereby, that the Sheriff will
give the applicant his reasons in writing therefor.
Section 15-82. Same-Fee. Fach application for a
work permi t sh.al 1 be accompanied ~y a fee of twenty -
dollars ($:20._00'} and shall be valid for a period of one
year. The ~ twenty ~ ~ ~ dol 1 ors fee steal 1 not be returned i n 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 the work permit ma.y
',change his place of employment within the county.
Section 15-83. Same-Appeals from__denial. .The
action of the Sheriff in denying such a word: permit on the
basis of the applicant not being a person of good moral character
shall be subject to an appeal to the Board of Supervisors.
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Notice of such appeal shall be filed with the county clerk within
.ten .days..after._,the deni.a1, of the work perr~it. Upon failure to
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file such notice within the ten da.y period, the actionof the
Sheriff in denying such work permit shall be final and conclu-
jsive.
Section 15-~4. Same-Suspension or revocation.
The Sheriff shall have the right for cause to revoke or suspend
any cardroom work permit issued hereunder and to take possession
of such permits. Any of the grounds upon which the Sheriff shall
'be required to refuse to issue an initial cardroom license or
cardroom work permit shall also constitute grounds for such
revocation or suspension. In addition, the failure of a holder
of a cardroom license or cardroom work permit to comply with the
provisions of this chapter shall also constitute grounds for
revocation or suspension of such license 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 with the county clerk within ten days after the revoca-
tion or suspension. Upon failure to file such notice within the
ten-day period, the action of the Sheriff in revoking or suspendinc
the license or work permit shall be final and conclusive.
Section 15-85. Rules and regulations for cardrooms,
It shall be unlawful to operate a cardroom in violation of any
of the following regulations and rules:
(a} Location. Not more than one cardroom
shall be located at any one address.
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1 (b} Visibility. cardrooms shall be located
2 and so arranged that card tables and the players at the tables
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3. shall be plainly visible from the front door opening to t e
4 cardroom when the door is opened. No wall, partition, screen
5 or similar structure between the front door opening and any card'
g table located in the cardroom shall be permitted if it interferes
ry with such visibility.
g (c) 1~9inors. No minors shall be permitted at
g any card table, nor shall participate in any game played thereat.
10 (d} Hours of operation. All cardrooms shall
11 be closed at S':QO a.m. and shall remain closed until 9:00 a.m.
12 cardrooms may operate seven days a week.
13 (e} Police inspection. All cardrooms shall
14 be open to police inspection during all hours of operation.
15 (f) Doors to be unlocked. During hours of
].6 operation, doors must'"be unlocked and accessible to the general .
17 public.
lg (cg} Cashing of bank checks. The cashing of
19 bank checks for players shall not be permitted in an.y cardroom.
20 (h) Supervision of tables. Each card table
21 shall have assigned to it a person whose duty shall be to super--
22 vise the game and to see that it is played strictly in accordance
23 with the terms of this chapter and with the provisions of the
24 penal Code of the state. This person ma,y have more than one
~ table under his supervision. He shall not, however, participate
26 in the game.
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~i) Signs to be posted. There shall be posted
in every.cardroom in letters plainly visible from all parts
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thereof, signs stating that no game except pangini, low-ball ar
draw poker, without variations as defined by Hoyle, shall be
played in the cardroom. These signs shall also contain such
other information relating to the regulations contained herein
as the Sheriff may require, including the amount of the time
charge far participation.
(j) Intoxicated persons. No person who is
din a state of intoxication shall be permitted in a cardroom.
(k) "Cuts" of pots. The operator of a cardroo
shall establish a reasonable time=charge to customers and there
shall not be permitted any "rake-off° or "cut" of any pots or
bets.
(1 ) "Shi 1 1 s ." 1Vo operator nor empl a,yee may
use a "shill" in any card game unless a work permit is obtained
under Section 8 and a copy of same is pasted in a conspicous place
on the premises.
(m) Solicitation of p1a.yers. ~fo operator
nor employee nor any other person shall be permitted to solicit
participants in any card game by any means indicating a thing of
value will be received to participate in the game.
fin} Money on tables, etc. It shall
be illegal to have money on any card table or to use money in any
card game.
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1 (o) Exhibition of permits. Operators and
2.. ..employees are required to exhibit their permits on demand of any
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3 law enforcement officer.
4 5ectian 15-36. State law violations. The Board of
5 Supervisors hereby declares that it is not the intention of this
e chapter to permit the licensing of any cardronm for the playing
7 of an.y game prohibited b,y the laws of the state, including, but
S not limited ta, those games enumerated in Section 330 of the
9 Penal Cade of the State, which sectianncludes banking and percent-
~0 age games.
11 Section 3. That this ordinnace shall take effect
~2 thirty (30) days after the date of its adoption, and before
13 the expiration of fifteen (15} days after its passage, it shall
i4 be .published with the names of the members voting far and against
15 the same in the ~h~a~te~z~~=&~a Record a newspaper published in
1B the County of Butte, State of California..
17 PASSED AND ADOPTED by the Butte County Board of
18 Supervisors thi s 1st day of February 1 977 , by
~9 the following vote:
2~ AYE :Supervisor Lemke, Madigan, Winston and Chaix~nan Richter
21 N 0 E S :Supervisor Moseley
ABSENT: None
22 NOT VOTING: None
BERNARD D. RTCHTER, Chairman
23 of the-Board of Supervisors
24 ATTEST: .
~ CLARK A. NELSON, County Clerk and
ex-officio Clerk of the Board
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By