A. Cardroom. Any room open to the public for the lawful playing of cards, regardless of whether the tables, chairs, and other furniture and fixtures are temporary or permanent or at times used for other purposes.

B. Chief of Police. The Chief of Police of the City or his authorized representative.

C. City. The City of Petaluma, California.

D. Conducted. Shall include the terms “operated”, “engaged in”, “allowed”, “permitted” and “suffered” within its meaning.

E. Conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere. The record of conviction of the crime shall be conclusive evidence of the fact that the conviction occurred, but only of that fact, and the Chief of Police may inquire into the circumstances surrounding the commission of the crime for purposes of applying the provisions of this ordinance.

F. Dealer. Any individual dealing a gambling game, or who operates or manages such game or games on a premises authorized under this chapter.

G. Exempt Organization. A nonprofit society, club, fraternal, labor, or other organization having adopted bylaws, duly elected officers and/or directors, and a bona fide membership which has applied for and obtained tax exempt status as an exempt organization from the Franchise Tax Board of the State of California and the Internal Revenue Service under the Internal Revenue Code of the United States.

H. Financial Interest. Any direct or indirect interest in the management, operation, ownership, profits or revenue (gross or net) of a gaming club. A “direct financial interest” means a monetary investment in a gaming club or the premises and business enterprises directly related to it. An “indirect financial interest” means owning one percent (1%) or more of any entity, i.e., any business, corporation, partnership or trust, that in turn has a direct financial interest in a cardroom. The following are examples of indirect financial interests:

I. Gambling. The playing, for money or chips representing money, or for any other thing of value, of those card games which are not unlawful under the laws of the State of California.

J. Gambling Licensee. Any person or persons who are currently licensed under Chapter 6.20 of the Petaluma Municipal Code.

K. Hours of operation. The hours that a cardroom may operate. A cardroom may operate 24 hours a day, seven days a week, or as authorized by the individual conditional use permit.

L. House Player. An employee engaged, financed, or paid by the licensee for the purpose of starting and/or maintaining a sufficient number of players in a card game.

M. Interested Person. Any member, stockholder, officer, director, partner, principal, associate, individual, trustee, or combination thereof holding any financial interest in a licensee, or who has the power to exercise influence over the operation of a cardroom or a licensee.

N. Legal Gaming. Any game played with cards or other similar devices for currency, check, credit or other thing of value which is not prohibited and made unlawful by Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code.

O. License. The license issued under Chapter 6.20 of the Petaluma Municipal Code by the City to an applicant permitting the operation of a cardroom owned by the applicant.

P. Licensee. The individual or entity that owns a cardroom and to whom a license to operate a cardroom has been issued by the City.

Q. Manager. Anyone who represents the interest of the licensee in the operation of a cardroom, whose duties include but may not be limited to: (1) the making or changing of policy; (2) approving credit; (3) hiring or firing of employees; (4) generally exercising independent judgment in the operation of the cardroom. A manager need not have a financial interest in the cardroom. A manager must be an employee of the licensee, or if not an employee, then a person having a financial interest as a partner, a shareholder, or trustee of the cardroom (but not otherwise).

R. Organized Crime. A structured criminal syndicate composed of professional criminals who primarily rely on unlawful activity as a way of life.

S. Person. Includes individual, partnership, corporation, association, club, firm, or entity of any character whatsoever.

T. Patron Safety and Security Plan. The document which describes the methods that are implemented and qualifications of the permanent staff and use of contract personnel hired by the cardroom owners, operators, or managers to provide for the safety and security of the cardroom patrons.

U. Private Lender. Any person other than a state or federally regulated bank or savings and loan association, a credit union, any other recognized financial institution doing business with the public, that has loaned or advanced, or is obligated to loan or advance money to a cardroom if either the payment of interest or principal of such loan is based in any part on the profits or revenue (gross or net) of the cardroom, or by virtue of the loan, such person has the power to exercise influence over the operation of a cardroom.

V. Qualified Transferor. (1) a person, partnership, or corporation holding a cardroom license; (2) a person holding stock in a corporate licensee; and/or (3) a person having a partnership interest in a partnership license.

W. Registrant. Any person who has filed an application under the Registration Gambling Control Act of California (California Business and Professions Code, Subsection 19800 et seq) hereafter “Gambling Control Act”.

X. Transfer of a Financial Interest. The assignment, bequest, conveyance, demise, devise, gift, grant, lease, loan, sublease, or transfer of a financial interest in a cardroom.

Y. Transfer of a License. The assignment, bequest, conveyance, demise, gift, grant, lease, loan, sublease or transfer of a cardroom license.

Z. Wagering Limits. The minimum and maximum amount that may be used for betting purposes for any game played within the cardroom. There are no wagering limits established by this ordinance for purposes of Business and Professions Code section 19860. A minimum of two signs are to be clearly and prominently posted within the cardroom and one sign on each table where a card game is being played stating the minimum and maximum betting amount.

A. Any person, association, partnership, corporation, or other entity desiring to obtain a cardroom establishment conditional use permit shall file an application with the Community Development Department on a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution.

B. The application for a conditional use permit shall contain the following information:

C. Referral to Other City Departments. The Director of the Community Development Department may refer the application to other City departments to determine whether the premises where the cardroom establishment will be located complies with the City’s building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.

D. Action on Application. Notice and public hearing requirements shall be as set forth in Section 24.060 of the Petaluma Zoning Ordinance pertaining to conditional use permits. (Ord. 2811 § 4, 2022.)

A. The Planning Commission shall grant the conditional use permit unless it is determined from a consideration of the application, City inspection of the premises, or other pertinent information, that:

B. Notice of Denial. Notice of conditional use permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to his address listed on the application form.

C. Suspension or Revocation. A cardroom conditional use permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for conditional use permit denial in Section 9.050 (A) (1-8) above.

D. Notice of Intention to Suspend or Revoke. Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Any suspension or revocation procedure shall be done as specified in Section 24.060(G) of the Petaluma Zoning Ordinance. (Ord. 2811 § 4, 2022.)

A. For the permittee specified in the conditional use permit application.

B. For the business name for the cardroom establishment listed in the conditional use permit application.

C. The specific type of establishment described in the conditional use permit application.

D. The specified location described in the conditional use permit.

E. For the specified hours of operation as authorized in the approved Conditional Use Permit.

F. When a Patron Safety and Security Plan has been submitted and reviewed and approved by the Police Department.

A. No conditional use permit issued pursuant to this article may be assigned or transferred without the prior written consideration and approval of the Police Chief and Community Development Director. The applicant shall apply for a transfer on a form provided by the Community Development Director and shall pay a nonrefundable application processing fee in the amount established by City Council resolution. Consideration of the sale or transfer shall be done in accordance with conditional use permit procedures set forth in Section 24.060 of the Zoning Ordinance with the exception of Section 24.060(J) pertaining to transfer rights.

B. Transfer of partnership or corporate ownership. An application for approval of a transfer of a conditional use permit shall be required prior to any change in an interest in a partnership or ownership of ten percent (10%) or more of the stock of a corporation to any person not listed on the application filed by said applicant pursuant to Section 9.040.

C. An application for transfer of a cardroom conditional use permit may be denied for any of the grounds specified for denial of an original conditional use permit application in section 9.050. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a conditional use permit application specified in Section 24.100. (Ord. 2811 § 4, 2022.)

A. Prior to any change in the location of the cardroom establishment;

B. Prior to the conversion of any existing cardroom establishment to any other type of cardroom establishment as described herein;

C. Upon receiving approval from the Finance Department regarding a proposed name change, the Community Development Department may approve the new name. No change in ownership, location, size, operation and/or intensification of use can occur with a name change proposal;

D. Prior to the enlargement or expansion of any existing cardroom including but not limited to physical expansion of the facility or expansion of the nature of the business, e.g., hours of operation, scope of activities, number of tables, etc;

E. Prior to any change in the hours of operation, a conditional use permit application shall be submitted and approved pursuant to Section 9.040; or

F. Prior to any change to the Patron Safety and Security Plan.

A. Within two hundred fifty feet of the exterior property limits of any public or private elementary school, junior high school, or high school;

B. Within one thousand feet of the exterior structural wall of each business or premises lawfully occupied by a cardroom, a massage establishment, or adult entertainment establishment. All distances referred to in this Chapter shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

A. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than ten (10%) percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Chapter pertaining to a corporate applicant shall apply. The names and addresses of every person deriving a profit, or holding any position of management or control, shall be disclosed.

B. A sale or transfer of any interest in a cardroom, which interest would be required to be reported upon application for a cardroom license, shall be reported to the Chief of Police prior to such sale or transfer. The Chief of Police shall investigate any person receiving any interest in a cardroom as a result of such sale or transfer, and if such persons satisfies the requirements relating to cardroom license applicants, the Chief of Police shall give written approval to such transfer or sale. A fee as set forth in the municipal fee schedule shall be paid to the City for investigation by the Chief of Police necessitated by each such sale or transfer.

C. All indebtedness of the cardroom business exceeding one percent of the book value of the business shall be disclosed in writing to the Chief of Police within ten days after such indebtedness exists, excluding indebtedness from commercial lending institutions or trade creditors.

A. Physical Arrangements:

B. Operations Procedures. No licensee, agent, or employee of a licensee, shall:

C. General Requirements.

The declaration shall be accompanied by a complete copy of all registration and re-registration applications (and exhibits) filed by the licensee and all persons having a financial interest in the licensee under the Gambling Control Act shall be filed provided that copies of a current Gambling License shall be filed forthwith after their receipt with the Chief of Police if not obtained by the time this declaration is filed, hereunder, and each of which copies shall be declared by the registrant under penalty of perjury to be a complete copy.