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Fremont, CA Gambling & Gaming: Card Room Licensing (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
FMC Ch. 9.05, Art. I (Draw Poker)
Core prohibition
Taking value from a card game for stakes
Max penalty
$1,000 fine or 6 months jail
Licensed card rooms
None; city has no authorizing ordinance
Enforcement tool
Seizure of tables, chips, cash (Sec. 9.05.070)
Adopted
Ord. 7 (1976 amendment by Ord. 1090)

Summary

Fremont outlaws card rooms rather than licensing them. Municipal Code Section 9.05.020 makes it unlawful to collect anything of value from a game of draw poker or any card game involving betting, and Section 9.05.050 bars any property owner or operator from knowingly permitting such a game on their premises. No commercial poker room can legally operate here.

No person shall receive, directly or indirectly, anything of value from the playing or operation of a game of draw poker or any variation thereof, or any game played with cards involving betting or wagering, other than the actual winnings to which a person, playing such game in good faith for himself alone, may be entitled as the result of such a game.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).

Full Breakdown

05, Article I, Draw Poker. 030 makes it equally unlawful to pay anything of value to play. The only carve-out is for participants playing purely for themselves: a player may keep actual winnings from a private, no-house-cut game, but nobody may take a cut, rake, or fee for hosting or organizing the game. 040. 060 goes further, making it unlawful even to knowingly visit a premises where an illegal game is occurring. Because Fremont never adopted an authorizing ordinance under the state Gambling Control Act, the city has no licensed card rooms, and the police department treats commercial poker operations as a criminal matter rather than a permitting one.

070 lets designated officers seize any furniture, chips, tables, or cash tied to an illegal game, with any seized money deposited into the city's general fund. 080 creates a rebuttable presumption that a publicly played card game for stakes returned value to whoever controlled the game or the premises, shifting the burden to the defendant to disprove it.

Violations & Fines

Violating Chapter 9.05 is a misdemeanor under Section 1.15.020, punishable by a fine up to $1,000, up to six months in county jail, or both; the enforcement officer may instead charge it as an infraction. Each game session counts as a separate offense under Section 1.15.030. Officers can seize tables, chips, cards, and cash under Section 9.05.070, and merely visiting a known illegal game violates Section 9.05.060.

Frequently Asked Questions

Can I host a private poker night at home in Fremont?
Yes, as long as no one takes a cut, rake, or fee. Section 9.05.020 only bans collecting value from operating the game; players may keep their own actual winnings from playing in good faith for themselves under the express exception in that section.
Are there any licensed card rooms in Fremont?
No. Fremont never passed an ordinance authorizing card rooms under the state Gambling Control Act, so no card club can legally operate here. Any commercial poker operation charging a rake or seat fee is a criminal violation of Chapter 9.05, not a licensing gap.
What happens if police break up an illegal card game?
Officers can arrest participants, and Section 9.05.070 authorizes seizing the tables, chips, cards, and any cash on scene. A conviction under Section 1.15.020 carries up to a $1,000 fine and six months in jail, and each night of play can be charged separately.

Sources & Official References

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