For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Every person, as defined under this code, filing an application with the city seeking a card room permit or any other permit required under this chapter.
BENEFICIAL INTEREST. Any interest in a card room held by the beneficiaries of a trust which, as part of the corpus thereof, holds a financial interest in such card room.
CARD ROOM. Any building or structure, or portion thereof, for which a card room operating license is obtained and in which legal gambling or gaming is conducted. The term shall include any restaurant, bar, assembly room, meeting room or office which is a part of or appurtenant to the room or rooms in which legal gambling or gaming is conducted. The term shall also include the business of operating the card room and those business enterprises which are a part thereof.
CARD ROOM OPERATIONS LICENSE. A license issued pursuant to this chapter allowing the operation of a card room.
CARD TABLE. Any table or any other surface upon which any game is played.
COMMENCE. To "commence", "initiate", "start", "open" and/or "establish".
CONDUCT. To "conduct", "transact", "maintain", "prosecute", "practice", "manage", "operate", "permit", "allow", "suffer" and/or "carry on".
CONVICTION OR CONVICTED. A plea of guilty, a final verdict of guilty or a conviction following a plea of no lo contendere.
COUNCIL. The Council of the City of Madera.
DAY. "Calendar day" unless otherwise expressly stated.
EMPLOYEE. Every person, who acts either as agent or employee of the permittee or under the direction of the permittee of any card room. A management corporation is an employee for purposes of this chapter.
FILING AND PROCESSING FEES. The imposition, pursuant to this chapter and/or any resolution of the Council, of fees and/or deposits to be used for the purpose of reimbursing the city for its costs of administering the provisions of this chapter.
FINANCIAL INTEREST. Any direct or indirect financial interest in the management, operation, ownership, profits or revenue (gross or net) of a card room. A direct financial interest means a monetary investment in a card room. An indirect financial interest means owning 1% or more of any entity, i.e., any business, corporation, joint venture, partnership or trust that in turn has a direct financial interest in a card room.
GAME. Legal gambling or gaming as defined below.
GROSS REVENUE. Includes seat rental fees, membership fees, table revenues, rental fees and charges, and any and all other gaming revenues derived from activities conducted on or within the card room premises.
INTEREST-HOLDER. Any person having a financial interest or beneficial interest in the licensee as well as all stockholders of any entity having a financial interest or beneficial interest in the licensee.
KEY MANAGEMENT EMPLOYEE. Includes any person, whether or not such person is a named officer director of the licensee, with the power to (i) direct operations and (ii) direct supervisory and several employees of a card room; any person with the actual or apparent authority to direct the counting of revenue generated by the card room, and any person employed or engaged by the licensee to manage the card room.
LEASE. Any formal or informal, written or oral contract or understanding or arrangement whereby any person operating a card room obtains the use or possession of any property, real or personal, to be used, occupied, or possessed in connection with the conduct of games at any card room. The term "lease" includes without limitation, payments to an affiliated person under a real property lease, a personal property lease, an unsecured note, a deed of trust, a mortgage, or trust indenture.
LEGAL GAMBLING OR GAMING. Any card game played for currency, check, or any 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 or by this chapter.
LESSOR. Any person who leases any property, real or personal, to a person operating a card room for use in connection with the conduct of games or related activities.
LICENSEE. The person or entity to whom a card room operations license is issued.
MANAGER. Any agent or employee of a licensee whose duties include but may not be limited to the following: The making or changing of a policy, hiring or firing employees, and/or generally exercising independent judgment in the operation of the card room. A manager need not have a financial interest in the licensee.
PERMIT FEES. All fees levied upon each licensee and permittee pursuant to this chapter.
PLAYING CARDS OR CARD GAMES. The participation in legal gambling or gaming at a card room.
PREMISES. Land together with all buildings, improvements, and personal property located thereon and related to card room use.
SECURITY DEPOSIT. Any security or deposit required by this chapter to ensure the prompt and full payment of any permit fees imposed by the city pursuant to this chapter.
WORK PERMIT. A permit issued pursuant to this chapter authorizing a person to be an employee of a card room.
(Ord. 684 C.S., passed 6-3-98)