CITY OF

HERMOSA BEACH

MUNICIPAL CODE ON-LINE

BUSINESS LICENSES AND REGULATIONS

Chapter 5.20

CARD ROOMS AND GAMES OF SKILL

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	5.20.010	Definitions.
	5.20.020	License required.
	5.20.030	Conditions for issuance of license.
	5.20.040	Permit fees and deposits.
	5.20.050	Licenses nontransferable.
	5.20.060	License for one location only--Specified number of players.
	5.20.070	Unlawful to play in unlicensed premises.
	5.20.080	Unlawful to maintain unlicensed premises.
	5.20.090	Hours of operation.
	5.20.100	Music or dancing prohibited.
	5.20.110	Alcoholic liquor prohibited.
	5.20.120	Minors prohibited.
	5.20.130	Gambling devices prohibited.
	5.20.140	Posting of prices.
	5.20.150	Licensing of employees.
	5.20.160	Revocation of license.

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5.20. 010 Definitions.

As used in this chapter, the following terms shall have the meaning as hereinbelow set forth:

"Cardroom or card club" means and includes card club, social club, club or any other place maintained or operated or conducted for the purpose of furnishing a place where members, guests or other persons play card games and for which:

1. A fee is charged either as a membership dues for admission to such place or for the privilege of playing at cards; or
2. A fee is charged for use of, or there is sold for use upon the premises, any cards, tables, tokens, chairs or any other device or accouterments for the playing of cards; or
3. Any collection or donation of money or thing of material values is made to or received by the licensee for the privilege of playing at cards.

A "cardroom" or "card club" shall also mean any place maintained or operated wherein any game of skill, as further defined, is played.

"Card school" means any place maintained, operated or conducted for the purpose of giving instructions in the playing of card games.

"Games of skill" means any games played, conducted, dealt, maintained, operated or carried on with the application of manipulative or mental skill or dexterity combined with the use of cards, dice, billiard balls, pool balls, cues or with any mechanical devices, appliance or contrivances, or with any other device where the same is played, conducted, dealt, maintained, operated or carried on for money, chips, checks, slugs, tokens, credit or any other thing of value or redeemable in or exchangeable for money, merchandise or other thing of value.

Exceptions: Coin-operated machines commonly known as juke boxes and coin-operated vending machines, as the same are commonly known and designated, are hereby exempted. (Prior code § 17-50)

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5.20. 020 License required.

A. It is unlawful for any person to maintain, operate, conduct or carry on, directly or indirectly, any card club, or card school without a license therefor having been issued in accordance with the provisions of this chapter. No license shall authorize the conduct of any card game or other activity which is prohibited by the Penal Code of the state of California or by this code, and any license issued in violation of such state code or this code shall be void.

B. No license for a card club or card school shall be required for any nonprofit organization operating within the city at the time of the adoption of this chapter and which has been in operation for two years prior thereto, nor to any card club or card school operated or sponsored by any governmental agency. (Prior code § 17-50.1)

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5.20. 030 Conditions for issuance of license.

No license shall be issued under the provisions of this chapter:

A. Until the applicant has furnished the license inspector with an application including the following:

1. If the applicant is a corporation, the names and addresses of any person owning more than twenty (20) percent of the stock;
2. If the applicant is a partnership, the names and addresses of all partners;
3. If the applicant is an association, the names and addresses of all members;
4. The signature of those required by the license inspector to be named in the application;
5. The location of any other card room or card school operated by the applicant or in which the applicant or any person named in the application has an interest;
6. The number of tables or other units to be placed, employed or used;
7. The description of any other business conducted or proposed to be conducted at the same location;
8. The signature of the owner of the premises for which license is applied, certifying an existing agreement for use of premises by applicant for purpose specified in the application;
9. A description of the building in which the business proposed to be permitted and licensed is to be housed, giving the dimensions and type of construction, and setting forth the number of playing tables and maximum number of players for which the permit is applied;
10. A statement that the applicant understands that the application shall be considered by the city council only after a full investigation and report have been made by the chief of police, superintendent of building inspection, fire department and all other affected departments of city government; and
11. A statement that the applicant has read the provisions of this article and understands the same;
12. Proof of financial responsibility as evidenced by a full financial statement of a certified public accountant for the applicant, or such other information as is satisfactory to the license inspector upon which to substantiate financial responsibility.

B. Until the following conditions have been satisfied:

1. The application shall have been approved by the chief of police. It is the determination of the chief of police, based on review of the application and investigation of the applicants, that granting of the license would be detrimental to the public peace, morals or safety, or if it is found that the applicant has been convicted of any crime involving moral turpitude, the chief of police shall recommend to the city council that the application be denied; provided however, that if the chief of police does not disapprove the application within ninety (90) days after such application is filed by the license inspector with the chief of police, the application shall be deemed to have been approved by the chief of police;
2. The application shall have been approved by the superintendent of building inspection, the fire department, and all other affected departments of city government as provided for by other provisions of this code, and by the city council. (Prior code § 17-50.2)

   
   

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5.20. 040 Permit fees and deposits.

A. Scope. For the purposes of clarification, the license fees set forth in this chapter are both for regulation and revenue purposes.

B. Card Club, Application Fee. Each application for a license for a card club shall be accompanied by an application fee in the amount of five hundred dollars ($500.00), which shall be nonrefundable and retained by the city for payment of the costs of processing the application and investigations made pursuant to this chapter.

C. Card Club, License Fees. The annual license tax for a card club shall be one thousand dollars ($1,000.00) per year, or at the rate of one hundred dollars ($100.00) per playing table authorized, whichever is the greater fee, payable in advance.

D. Card School, Application Fee. Each application for a card school shall be accompanied by an application fee in the amount of one hundred dollars ($100.00) which shall be nonrefundable and retained by the city for payment of processing the application and investigations made pursuant to this chapter.

E. Card School, License Fees. The annual license tax for a card school shall be fifty dollars ($50.00) per year, or at the rate of five dollars ($5.00) per playing table authorized, whichever is the greater fee, payable in advance. (Prior code § 17-50.3)

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5.20. 050 Licenses nontransferable.

No license shall be transfered except as provided in this chapter. When a business for which a card club or card school license has been issued is sold or transfered, any license for a card club or card school shall be deemed revoked and the successor or transferee shall make application for a license in the same manner as the original application. The provisions of this section shall apply to transfer of any license issued prior to enactment of this chapter. (Prior code § 17-50.4)

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5.20. 060 License for one location only--Specified number of players.

A license issued for a particular location shall authorize the permittee to conduct the permitted business at such location only, and such license shall not be used for conducting such business at any other location, and only the number of playing tables and maximum number of players as approved in the license application are permitted at any time to participate in playing at a card club without the written consent of the license review board or the city council, and without the payment of a fee of twenty-five dollars ($25.00) for a license review, plus additional annual license tax applicable if increased tables or players are approved. (Prior code § 17-50.5)

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5.20. 070 Unlawful to play in unlicensed premises.

It is unlawful for any person to knowingly play cards for money in premises for which a valid license has not been issued by the city in accordance with the provisions of this chapter. (Prior code § 17-50.6)

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5.20. 080 Unlawful to maintain unlicensed premises.

It is unlawful for any person to keep, conduct or maintain within the city any house, room, apartment, office or place used for a card club or card school as defined herein unless a license therefor has been issued, and it shall be unlawful for any person to permit any house, room, apartment, office or place owned by him or under his charge or control to be used in whole or in part for such purpose unless a license therefor has been issued. (Prior code § 17-50.7)

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5.20. 090 Hours of operation.

No card club shall be opened for the playing of cards therein and no cards shall be played therein except between the hours of six p.m. and twelve midnight. (Prior code § 17-50.8)

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5.20. 100 Music or dancing prohibited.

No live music or dancing shall be permitted in any card club. (Prior code § 17-50.9)

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5.20. 110 Alcoholic liquor prohibited.

No alcoholic liquor shall be possessed, sold or consumed in any card club. (Prior code § 17-51.1)

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5.20. 120 Minors prohibited.

No person under the age of twenty-one (21) years shall be present in or play in any card club. (Prior code § 17-51.2)

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5.20. 130 Gambling devices prohibited.

No device or equipment, other than card tables, cards and scoring devices, which could be or are used for gambling or amusement purposes, shall be kept or operated in any card club. (Prior code § 17-51.3)

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5.20. 140 Posting of prices.

All membership fees, playing fees or charges, as well as prices of refreshments and food offered, shall be posted conspicuously in all rooms of the cardroom and card school. (Prior code § 17-51.4)

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5.20. 150 Licensing of employees.

No person shall be employed or otherwise permitted to work in a card room unless a license has been issued to such person therefor. No such license shall be issued:

A. Until there has been paid an application fee for each employee application in the amount of fifty dollars ($50.00) which shall be nonrefundable and retained by the city for payment of costs of processing the employee application and investigations pursuant to this chapter;

B. Until the applicant has furnished the license inspector with a statement containing the following information:

1. Name and address of applicant,
2. Record of convictions for violation of any law, except minor traffic laws,
3. Name and address of persons by whom applicant has been employed for the past five years (not over five),
4. Names and addresses of three responsible persons who have known applicant for more than three years,
5. Fingerprints of applicants,
6. Two copies of one-inch square photograph of applicant taken within two years from date of application, one of which shall be attached to the license certificate or identification card, and the other to be retained by the license inspector,
7. Such other information as the license inspector may require;

C. Until the application shall have been approved by the chief of police. If it is the judgment of the chief of police, after review of the application and investigation, that the granting of the license would be detrimental to the public peace, morals or safety, or if it is found that the applicant has been convicted of any crime involving moral turpitude, the chief of police shall recommend to the license inspector that the license be denied; provided however, that if the chief does not disapprove the application within sixty (60) days after such application is filed with the license inspector, the application shall be deemed to have been approved. (Prior code § 17-51.5)

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5.20. 160 Revocation of license.

In addition to any other grounds for revocation specified in this code, any permit issued under this article may be revoked for the violation of any provisions of this chapter. (Prior code § 17-51.6)

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