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The conducting of poker games authorized by this Article shall be subject to the following restrictions:
(a) Such games may only be conducted by a nonprofit charitable organization licensed under the provisions of this Article.
(b) Such games may only be conducted for the benefit of a nonprofit charitable organization.
(c) No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a poker game may hold financial interest in the conduct of such poker game. No licensee or agent thereof may permit the farming out, assigning or subletting of any games or tables lawfully permitted pursuant to the provisions of this Article.
(d) A poker game may be operated and staffed only by members of the nonprofit charitable organization which organized it. Such members may not receive a profit, wage or salary from any poker game, provided, however, that with permission of the Chief of Police, paid personnel who are not members of such organization may be employed.
(e) Each poker table shall have assigned to it a person whose duty shall be to supervise the game, and see to it that it is played strictly in accordance with the terms of this Article and with the provisions of the Penal Code of the State of California. The table supervisor shall be the dealer for all games, but shall not otherwise participate in the play. It shall be illegal for any licensee, manager, supervisor, or employee of any organization holding a license under the provisions of this Article, to be physically present upon said premises without an identification card identifying them with the licensee. Such identification card is to be prominently displayed on the outermost garment at approximately chest height, and such identification card shall, at all times, be readable, legible and in good condition.
(f) A nonprofit charitable organization may conduct a poker game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which such organization is organized. Nothing in this Subparagraph (f) shall be construed to require that the property owned or leased by such organization be used or leased exclusively by such organization. Only one organization may conduct a licensed poker game or series of games at a single location at any one time.
(g) Each nonprofit charitable organization which is exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all profits derived from poker games shall be deposited. Such profits may not be commingled with any other fund or account. The trust account shall be established at the office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such profits shall be used only for charitable purposes.
Each nonprofit charitable organization as defined in 3200A (c) herein which is not exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code shall establish a trust account in which all funds derived from poker games shall be deposited. Such funds may not be commingled with any other fund or account. The trust account shall be established at an office of a bank located in the City and County of San Francisco and the account number and branch identification of the trust account shall be filed with the Chief of Police of the City and County of San Francisco within 10 days of the establishment thereof. Such funds shall be used only for charitable purpose, except a portion of such funds, not to exceed 10 percent of $750 per month, whichever is less, may be used for rental of property, overhead and administrative expenses.
(h) Any nonprofit charitable organization granted a permit pursuant to this Article which places, publishes or distributes or caused to be placed, published or distributed any advertising matter or announcement of poker games must include the number of the permit issued to such organization in such advertising matter or announcement.
(i) All bets or wagers shall be made in United States currency and in cash.
(j) No organization holding a poker permit may operate more than 12 tables.
(k) No organization which holds a permit pursuant to this Article may conduct poker games for more than six hours on any day; or between the hours of midnight and 6 a.m. Except as provided by an amended permit issued pursuant to Section 3208A, no organization which holds a permit pursuant to this Article may conduct poker games on more than one day in any calendar week.
(l) No charge less than $1 or in excess of $5 per hour may be collected from any player for the privilege of participating in any game. This section shall not prohibit any organization licensed pursuant to this Article from charging an admission fee for entry upon the location where a poker game or series of games is being conducted.
(m) No licensee or other person in charge or in control of any poker game operating under any permit held or issued pursuant to the provisions of this Article may permit any person playing in any of the games subject to license by this Article to make any single bet or wager in excess of $10 or at any time during any game to permit an ante in excess of $10 total sum anted by players participating in the game. There shall be a limit of three raises per round of betting in any poker game or series of games licensed pursuant to this Article. "Razz games," i.e., games where the winner of the pot leaves in an amount for the next game, are prohibited.
(n) There shall be posted in every premises licensed for the operation of poker games under this Article in letters visible from all parts thereof, signs stating that only high and low draw poker are permitted to be played and stating the charge per hour exacted from each player for the privilege of playing.
(o) All poker games shall be open to the public and not just to the members of the nonprofit charitable organization.
(p) No person may be allowed to participate in a poker game unless the person is physically present at the time and place in which the poker game is being conducted.
(q) No minors may be allowed to participate in any poker game.
(r) No alcoholic beverages may be served, sold, given away, or consumed on any premises licensed for the operation of poker games pursuant to the provisions of this Article, nor may any such premises have an entrance leading to any establishment which serves or sells intoxicating liquor.
(s) No licensee may permit or otherwise allow any conduct, activity or condition upon the premises which singly or collectively are so noisy or otherwise offensive as to disturb the quiet and good order of the premises or of the neighborhood.
(t) No licensee may harbor, admit or permit to enter or remain on the premises any lewd or dissolute person, or any person under the influence of narcotics, or any intoxicated person; and no such person may enter upon or remain upon such premises.
(u) The licensee shall have the right to refuse admission to anyone. Those to whom admission is refused shall leave the premises immediately and shall not return for a period of at least 24 hours.
(v) No licensee, nor any other person required to disclose information under this Article, may loan money or any other thing of value or representing value to any player at any poker game licensed under this Article.
(w) No licensee may furnish any gratuity or incentive to any player in a poker game licensed under this Article, or to any person, as an inducement to play or to continue playing. Such gratuities or incentives include, but are not limited to, food, coffee, or any other thing of value. The term "gratuity or incentive" means at a price or other consideration below that normally charged by the establishment for such item.
(x) No licensee or agent thereof may operate, maintain, or purport to maintain, or allowed to be operated, maintained or purported to be maintained, any house bank, players' bank, employee bank, or any system similar thereto, whereby a person may deposit, draw or maintain any account or credit of money, chips, or other item of value.
(y) It shall be unlawful for any licensee or other person operating, managing, or conducting any poker game under any license issued pursuant to the provisions of this Article, or any of their agents, servants, representatives, associates or employees, for the purpose or intention of directly or indirectly offering, furnishing, providing, affording, showing, exhibiting, or distributing, or permitting the offering, to any person in, upon or near such poker game premises any money, merchandise, show, entertainment, dancing, vaudeville, circus, or other theatrical or terpsichorean or histrionic act, fortune-telling, magic or sleight-of-hand exhibition, or amusement, or any combination thereof, whether vocal, physical, mechanical, or otherwise, or any representative thereof or of value, or the use of any amusement device as a free gift premium, attraction, enticement, or reward to enter or remain in or about such place or premises or to attend or participate in any game or activity conducted therein, whether the same is distributed by lot, hazard or chance or for a direct or indirect charge or fee or in any other manner, or is offered, furnished, provided, afforded, shown, exhibited, tendered, or distributed free of any fee or charge as a gift. It is provided, however, that the playing of standard radio broadcast programs, or the showing or playing of regular standard television broadcasts, or the playing of standard recorded musical or audio programs shall not be deemed a violation hereof.
(Added by Ord. 437-82, App. 9/3/82)