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Ord 0681-PROVIDING FOR LICENSING AND REGULATION OF CARD ROOMSAN ORDINANCE OF THE TOWN OF LOS GATOS, PROVIDING FOR THE LICENSING AND REGULATION OF CARD ROOMS. THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS ORDINANCE NO. 681 FOLLOWS: SECTION 1. LICENSE REQUIRED. No person shall engage in, or carry on, or maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any card room in the Town without first having secured a license from the Town so to do, according to each and every requirement of this ordinance, or without complying with each and every regulation contained herein pertaining to such card room. SECTION 2. CARD ROOM - DEFINED. For the purpose of this Ordinance a "card room" is hereby defined to be 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 members of any non- profit society, club, fraternal, labor or other organization, or to the public or any portion of the public, provided that "card room" shall not include a room in which the sole card game played is bridge or whist. SECTION 3. APPLICATION FOR LICENSE. (a) An applicant for a card room license shall submit his application to the Chief of Police of the Town of Los Gatos, 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 term "persons financially interested" shall include all persons who share in the profits of the business, on the basis of gross or net revenue. 1 . I 0 The past criminal record, if any, of the applicant and of all persons financially interested in the business shall be shown on such application. The application shall also be accompanied. by finger prints and recent photograph of the applicant and of persons financially interested in the business. A license may be issued only to citizens of the United States who have resided in the County of Santa Clara for at least two (2) years immediately preceding the issuance of such license. The Chief of Police shall either recommend to the Town Council that a license shall be r.issued to the applicant or deny the application for a card room license within sixty (60) days after said application is filed with him. The Town Council of the Town of Los Gatos shall at its next regular meeting following the receipt by it of the recommendation of the Chief of Police either approve the recom- mendation of the Chief of Police and grant the application or deny the application, and the decision of the Town Council shall be final. (b) The Chief of Police shall deny any applicant for a card room license a license to operate such card room if: (1) Said applicant has previously been convicted of a felony; (2) Said applicant has previously been convicted of any narcotics violation; (3) Said applicant is not in the opinion of the Chief of Police a fit and proper person to operate a card room: (4) Said card room is to be located within any area of the Town which is wholly residential; or, if said card room is adjacent to a residential area and in the opinion of the Chief of Police the issuance of said card room permit would tend to cause a police problem or public nuisance; 2 (5) (600') feet of playground, or said card room cause a police (c) The license on the subsection (5) • Said card room is to be located within six hundred a public school, church, hospital, or children's any o.ther,public facility where the presence of might tend to promote a demoralizing effect, or problem, or :create a public nuisance. action of the Chief of Police in denying such a basis of subsection (3) or subsection (4) or of this section shall be subject to an appeal to ,the Council. Notice of such appeal shall be filed.with the Town Clerk within ten (10) days after the denial of said license. Upon failure to file such notice within the ten (10) day period the action of the Chief of.Police in denying such license shall be final and conclusive. SECTION 4. EMPLOYEE WORK PERMITS. (a) Card room employ- ees must obtain a work permit from the Chief of Police. Card room employees for the purpose of this article are defined as dealers, overseers, and others directly connected with the operation and supervision of the card tables and excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervision. Application for such work permits shall be submitted under.oath and contain the past criminal record, if any, of the applicant and such information as may be deemed by the Chief of Police necessary to determine whether the applicant is a proper person to be issued a card room work permit. The application shall also be accompanied by finger prints 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 of Santa Clara for at least one year immediately preceding the issuance of such work permit. i F 3 0 9 The 'Chief of Police shall deny to such applicant a work permit. if: (1) Said applicant has previously been convicted of a felony; (2) Said applicant has previously been convicted of any narcotics violation, or violation of gambling laws or ordinances; (3) Said applicant is not in the 'opinion of the Chief af`Police a fit and proper person to engage in such work. Each application for a`work permit shall be accompanied by a fee of Ten and no/100ths.($10.00)Dollars and shall be valid for a period of one-year. The Ten and no/100ths ($10.00) Dollar fee shall not be returned in the event that said 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 said work permit may change his place of employment within the Town of Los Gatos (b) The action of the Chief of Police in denying such a work 'permit on the basis of the applicant not being a fit and proper person shall be subject to an appeal to the Council. Notice of such appeal shall be filed with the Town Clerk within ten (10) days after the denial of said work permit. Upon failure to file such notice within the ten (10) day.period, the action of the Chief of Police in denying such work permit shall be final and conclusive. SECTION 5. SUSPENSION AND REVOCATION. The Chief of Police shall have the right for cause to revoke or suspend any card room license or card room work permit issued hereunder and to take possession of such permits. Any of the grounds upon which the 4 8 Chief of Police shall be required to refuse to issue an initial card room license or card room work permit shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a card room license or card room work permit to comply with the provisions of this article shall.also constitute grounds for revocation or suspension of such license or work permit. The actionof the Chief of Police in this respect shall be subject to an appeal to the Council. Notice of such appeal shall be filed with the Town Clerk within ten (10) days after the revocation or suspension. Upon failure to file such notice within the ten (10) day period, the action of the Chief of Police in revoking or suspending the license or work permit shall be final and conclusive. SECTION C. NONTRANSFERABLE. No person shall be granted a license to conduct more than one card room. No card room license shall be assignable or transferable. SECTION 7. CARD ROOM REGULATIONS. Except as herein after provided no person shall operate a card room in violation of any of the following regulations: (1) Not more than one card room shall be located at any one address; (2) Not more than three (3) tables shall be permitted in any card room; (3) Not more than eight (8) players shall be permitted at any one card table; (4) Card rooms shall be located on the ground floor; (5) No minor shall be permitted in any card room, or to participate in any game played therein; 5 (6) All card rooms shall be closed at 12 o'clock p.m. and shall remain closed until 10 o'clock a.m.; (7) All card rooms shall be open to police inspection during all hours of operation; (8) Each card table shall have assigned to it a card room employee whose duty shall be to supervise the game and see to it that it is played strictly in accordance with the terms of this ordinance, and with the provisions of the Penal Code of the State of California. This person may have more than one table under his supervision. He shall not, however, participate in the game; (9) No person who is in a state of intoxication shall be permitted in any card room; (10) No alcoholic beverage shall be served, consumed, or allowed to remain in.any card room. (1.1) Each card room operator shall post rates of play in a public place in said card room and keep said rates currently charged posted at all times in a location visible to the public. Each card room operator shall also file a current list of rates charged with the Chief of Police. No changes in rates shall be made without first filing such new rates with the Chief of Police. No card room operator shall charge any rates other than those shown as posted and as filed with the Chief of Police. The provisions of subparagraphs (1), (2), (4), (6), '(8), (10) and (11) of this section shall not apply to a nonprofit society, club, fraternal, labor or other organization which has qualified for a license without fee under Section 11. SECTION 8. LICENSE FEE FOR CARD ROOMS. There shall be collected for each card table licensed hereunder the sum of Thirty and no/100ths ($30.00) Dollars..per table per month, 6 payable quarterly in advance; PROVIDED, HOWEVER, the Town Council may at any time by resolution increase the license fee to be charged per table per month but in no event shall the license fee be lower than `provided herein. SECTION 9. POSTING LICENSE. The licensee shall post and keep posted the license so granted to him, or each certificate or renewal thereof, in a conspicuous place on the premises for which the same is granted. SECTION 10. SHILLS AND DUMMIES PROHIBITED. It shall be unlawful for any card room operator to employ a person to act in the capacity of a shill or dummy; and it shall be unlawful for any person to act in the capacity of a shill or dummy. As used in this section, the term "shill" shall mean an accomplice of a gambler who-participates in a card game, or, one who starts a card game to encourage others to play. The term "dummy" shall mean one who plays in a card game acting for a card room operator while ostensibly acting for himself. SECTION 11. CLUB LICENSES. (a) A non profit society, club, fraternal, labor or other organization having adopted by-laws and duly elected officers or directorsand members and having been in actual existence and operation for more than one year, may be granted a license without fee by the Chief of Police if he determines, from affidavits and evidence submitted to him that: (1) The card tables are for the exclusive use of the members of the society, club, fraternal, labor or other organization; (2) No charge is made `for'use of the card table; (3) Dues of the society, club or organization are payable not more often than once each month; (4) The playing of cards or the furnishing of card tables for use by members is, in fact, only an incidental reason for the existence of the club. It shall be the responsibility of an applicant seeking a license without fee to furnish to the Chief of Police such evidence as he may require in order to determine whether the applicant qualifies for such a license. (b) The action of the Chief of IDlice in denying a license without feeshall be subject to an appeal to the Council. Notice of such appeal shall be filed with the Town Clerk within ten (10) days after the denial of such license without fee. Upon failure to file such a notice within the ten (10) day period, the action of the Chief of Police in denying such license without fee shall be final and conclusive. SECTION 12. EXEMPTIONS.. Constituent lodges of fraternal organizations which have had lodges in California for twenty-five (25) years or more, and whose general laws or ordinances prohibit gambling or card playing for money on the premises occupied by such lodges, shall not be required to apply for or obtain a license; (1) When the card tables are for the exclusive use of members of the fraternal organization, or nonpaying guests; (2) No charge is made for the use of the card tables. SECTION 13. STATE LAW VIOLATIONS. The Council hereby declares that it is not the intention of this ordinance to permit the licensing of any card room for the playing of any game pro- hibited by the laws of the State, including but not limited to those games enumerated in Section 330 of the Penal Code of the State of California, which section includes banking and percentage games 8 SECTION 14. APPLICATION TO EXISTING CARD ROOMS. Every person engaging in, carrying on, maintaining or conducting or causing to be engaged in, carried on, maintained or conducted any card room in the Town upon the effective date of this ordinance, shall be required within ten (10) days thereafter to make application for a license as required by this ordinance. Any person not possessing a license as required by Section l following the expiration of thirty (30) days following the effective date of this ordinance who continues to operate a card room shall be guilty of a misdemeanor. SECTION 15. APPLICATION TO EXISTING EMPLOYEE WORK PERMITS. Every person employed by a card room as a dealer, overseer, or in any other capacity directly connected with the operation and supervision of the card tables excluding waitresses, bartenders, culinary workers and others not connected with such operation and supervision in the Town upon the effective date of this ordinance, shall be required within ten (10) days thereafter to make application for an employee work permit as required by this ordinance. Any such person not possessing an employee `work permit as required by Section 4 following the expiration of thirty (30) days from the effective date of this ordinance who.continues to act as a card room employee as defined by said Section 4, shall be guilty of a misdemeanor. SECTION 16. VIOLATIONS AND PENALTIES. Any person, firm, corporation or association violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment in the Santa Clara County jail for a period of not to exceed six (6) months, or by both such fine 9 9 b an0 d imprisonment. SECTION 17, EFFECTIVE DATE. This ordinance shall be and is hereby declared to be an urgency ordinance and shall take effect immediately upon its passage, for it is enacted for the immediate preservation of the public.peace, health, safety and general welfare'. SECTION 18. ENACTMENT. Introduced at~a regular meeting of the Town Council of the Town of Los.Gatos held on the 19th day of,November, 1962. PASSED AND ADOPTED AS AN ORDINANCE OF THE TOWN OF LOS GATOS AT A REGULAR MEETING OF THE`TOWN COUNCIL THEREOF HELD ON THE 3rd day of December, 1962, by the following vote: AYES: COUNCILMEN: HENRY C. CRALL JAMES E. DONATI JOHN LINCOLN ALBERTO E. MERRILL JOE WHELAN NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE