For the purpose of this Chapter, the words and phrases set forth in this Section shall have the following meanings ascribed to them unless the context clearly requires to the contrary:
A. “Applicant” means any person who has filed an application seeking to be approved by the City as having an ownership interest in a licensed Card Club or a person seeking approval of Pointholder status. [Ord, No. 249, § 010, adopted 9/22/92.]
B. “Card Club” (also referred to as a “Gaming Club”) means a business or enterprise licensed under the provisions of this Chapter for the Playing of Games or Card Games, as defined in Subsections L. and T. of this Section, and shall include any Licensee’s business activities incidental thereto that are conducted on the premises, such as, but not limited to, food, beverage, retail sales or valet services. “Card Club” shall exclude business activities operated by unaffiliated third-party entities. [Ord. No. 249, § 010, adopted 9/22/92; amended by Ord. No. 301, § A, adopted 9/26/95; amended by Ord. No. 646, § 2, adopted 12/13/23.]
C. “Card Room” means and includes that area or areas within the Card Club in which Card Games are conducted. Any license issued hereunder shall designate such Card Room areas. [Ord. No. 249, § 010, adopted 9/22/92.]
D. “Commence” means and includes commence, begin, initiate, start, open and establish. [Ord. No. 249, § 010, adopted 9/22/92.]
E. “Conduct” means and includes conduct, transact, maintain, prosecute, practice, manage, operate and carry on. [Ord. No. 249, § 010, adopted 9/22/92.]
F. “Conviction” or “Convicted” means a plea of guilty, a final verdict of guilty, or a conviction following a plea of nolo contendere. [Ord. No. 249, § 010, adopted 9/22/92.]
G. “Employee” means every person who is an agent of a Card Club Licensee or who acts under the direction of an owner or other employee of a Card Club Licensee or of a business conducted on the premises of a Card Club. [Ord. No. 249, § 010, adopted 9/22/92.]
H. “Filing and Processing Fees” means the imposition, by the provisions of this Chapter, or a subsequent City Council resolution or ordinance, of fees or deposits to be used for the purpose of reimbursing the City for its costs of administering the provisions of this Chapter. [Ord. No. 249, § 010, adopted 9/22/92.]
I. "Funded Player" shall mean any proposition player who plays controlled Games at a licensed Card Club with financing provided by a Funding Source. [Ord. No. 646, § 2, adopted 12/13/23.]
J. "Funding Source" shall mean the person(s) who provide(s) the financing, including, but not limited to, loans, credit, currency, negotiable instrument, chips or any other representation or thing of value to a Funded Player for use in the playing of a controlled Game at a Card Club. [Ord. No. 646, § 2, adopted 12/13/23.]
K. "Funding Source Key Management" shall mean every person with the actual or ostensible authority to manage, supervise, instruct, direct or control the Funding Source in the provision of financing, including, but not limited to, loans, credit, currency, negotiable instruments, chips or any other representation or thing of value to a Funded Player for use in the playing of a controlled Game at a Card Club. [Ord. No. 646, § 2, adopted 12/13/23.]
L. “Games” means any Game permitted to be played at a Card Club pursuant to the California Penal Code or other provisions of State law, as they now exist or as they are amended, or this Chapter. [Amended by Ord. No. 301, § B, adopted 9/26/95; amended by Ord. No. 646, § 2, adopted 12/13/23.]
M. “Gross Revenue of the Card Game Business” means and includes seat rental fees and any and all other table revenues directly derived from Card Games conducted on or within the Card Room, less any direct promotional expenses, and shall not include fees charged to players that are returned to the players as tournament or jackpot bonuses. As used herein, "Direct Promotions Expenses" include, but are not limited to, gambling chips provided by casinos to customers that have no cash value and cannot be redeemed for cash at any time, and player points that are used to incentivize customers to increase gaming play. “Gross Revenue of the Card Game Business” does not include revenue derived from the sale of food, beverages, sundries or from any other non-gaming activities. [Ord. No. 249, § 010, adopted 9/22/92; amended by Ord. No. 646, § 2, adopted 12/13/23.]
N. "Key Management Employee" shall mean every person with the actual or ostensible authority (1) to direct gaming operations; or (2) to direct supervisory and general employees of a Card Club engaged in its gaming operations; and (3) to direct the counting of, or accounting for, revenue generated by the club. The term "Key Management Employee" includes, without limitation, those persons who fill such positions as shall be designated by the City Manager as key employees. [Ord. No. 646, § 2, adopted 12/13/23.]
O. “License” means License issued pursuant to this Chapter allowing the operation of a Card Club. [Ord. No. 249, § 010, adopted 9/22/92.]
P. “Licensee” means the holder of a License. [Ord. No. 249, § 010, adopted 9/22/92.]
Q. “License Fees” means business License taxes levied upon each Licensee pursuant to this Chapter. [Ord. No. 249, § 010, adopted 9/22/92.]
R. “Owner” means every person, firm, association, partnership, corporation, or other entity having any interest, legal or equitable, in any Card Club or Card Club License. [Ord. No. 249, § 010, adopted.]
S. “Person” means and includes a natural person or any other legal entity. [Ord. No. 249, § 010, adopted 9/22/92.]
T. “Playing Cards” or “Card Games” means the Playing of a Game or Card Game permitted to be played at a Card Club pursuant to the California Penal Code or other provisions of State law, as they now exist or as they are amended, or this Chapter. [Amended by Ord. No. 301, § C, adopted 9/26/95; amended by Ord. No. 646, § 2, adopted 12/13/23.]
1. “Playing Cards” or “Card Games” also means the playing of any additional kind of Game or gaming device or machine at a Card Club, whether or not such Game or gaming device or machine involves the use of cards which are not prohibited and made unlawful by the California Penal Code or other provisions of State law, as they now exist or as they are amended, or this Chapter. [Amended by Ord. No. 301, § D, adopted 9/26/95; amended by Ord. No. 646, § 2, adopted 12/13/23.]
U. “Pointholder” means any person having any interest whatsoever, or at all, in the ownership of a Card Club, whether legal, equitable, or of whatsoever kind or character, including, but not limited to, trust beneficiaries, or stockholders of a corporation to whom a License is issued. [Ord. No. 249, § 010, adopted 9/22/92.]
V. “Purpose to Commence” or “Purport to Conduct” means and includes any showing, representation, indication or action which:
1. By means of sign, advertisement or advertising matter, whether in, upon or about any premises or otherwise; or
2. By the appearance or arrangement of any premises; or
3. By acts or statements of any person, or by the agents, servants, or employees of any person, indicates, suggests, holds out or represents that any person is, would be, or appears to be conducting or in a position to conduct any business referred to in this Chapter within the City.
[Ord. No. 249, § 010, adopted 9/22/92; Ord. No. 462, Section 3, 5/9/07.]