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

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

Key Facts

Core ban
No place where chance games are played for anything of value
Card game carve-out
Only actual winnings to a player playing for himself alone
House take
Barred, including payment for use of premises, cards or chips
Poker presumption
Publicly open draw poker presumed to return value (rebuttable)
Penalty
Misdemeanor: $1,000 fine or six months, or both (§ 1-5.1)
Equipment
Can be seized by a peace officer (§ 14-5.5(f))

Summary

In the City of Novato, California, no one can keep or operate a place where a game of hazard or chance is played for anything of value. Section 14-5.5 spares card games only if no one takes anything beyond a player's own winnings, and it presumes publicly open draw poker returned value to the house.

14-5.2 Keeping of Gambling Place. No person, whether as owner, principal, agent, employee, licensee, lessee, mortgagee or otherwise, shall keep, conduct, operate or maintain within this city any house, room, store, apartment, enclosure or place used in whole or in part as a place where any game dependent on hazard or chance is played, whether with cards, dice, balls, cues, mechanical contrivances or appliances, or with any other device, where the same is played for anything of value. ... h.Presumptions. In a trial for violation of any of the paragraphs of this subsection, it shall be presumed that any game of draw poker or any variation thereof which was played publicly or in which participation was open or available to the public returned something of value to any person who controlled or permitted the operation of such game and to any person who was in control or possession of the premises in or upon which such game was played. This shall be a rebuttable presumption.

Full Breakdown

Chapter XIV, § 14-5 of the Novato Municipal Code is the city's own gambling ordinance. Section 14-5.2 bars any owner, agent, employee, licensee or lessee from keeping, conducting, operating or maintaining a house, room, store, apartment, enclosure or place used in whole or in part for any game dependent on hazard or chance, with cards, dice, balls, cues or any other device, played for anything of value. Section 14-5.3 bars knowingly permitting such use of premises, and § 14-5.4 bars playing or betting at such games.

The code defines anything of value broadly. It includes money, chips, credit and merchandise, and also any payment for services or for the use of premises, cards, chips or furniture, any increase or probable increase in business or patronage, and rent from premises whose major, primary or usual use is for the playing of the games (§ 14-5.1).

Card games get a limited carve-out in § 14-5.5. No game played with cards is prohibited unless it violates one of the listed paragraphs. No person can receive anything of value from a card game beyond actual winnings earned playing in good faith for himself alone, no person can give anything of value to be permitted to play beyond paying actual losses, and no person can bet anything of value belonging to another. Permitting premises, furniture or equipment to be used for a game that breaks those rules is barred, equipment can be seized under Penal Code Section 335(a), and knowingly visiting premises where a violation is occurring is barred.

The presumption in paragraph h treats publicly available draw poker as returning value to whoever controlled the game or premises, a rebuttable presumption. The term card room does not appear in the Novato Municipal Code as exported, and the code prints no license for one. Section 14-5.1(d) states the council's intent to prohibit all games not already prohibited by state law.

Violations & Fines

Under § 14-5.6, any person violating the gambling section is guilty of a misdemeanor, punished under Chapter I, § 1-5: a fine not exceeding $1,000 or imprisonment not exceeding six months, or both, with infraction charging available at the enforcing authority's discretion (§ 1-5.1). Equipment used in violation of § 14-5.5(e) can be seized by any peace officer.

Frequently Asked Questions

Can a business open a card room in Novato?
The code gives no path to one. Section 14-5.2 bars keeping or operating any place used for games of hazard or chance played for anything of value, and § 14-5.5 bars taking anything of value from a card game beyond a player's own winnings. The term card room appears nowhere in the code as exported.
Are home poker games allowed?
Section 14-5.5 says no game played with cards is prohibited unless it breaks one of its paragraphs. A player can keep actual winnings earned playing in good faith for himself alone, but no one can take a cut, charge to participate beyond actual losses, or bet another person's property.
What does the draw poker presumption mean?
In a trial under § 14-5.5, a game of draw poker or any variation played publicly, or open to the public, is presumed to have returned something of value to whoever controlled or permitted it and to whoever controlled the premises. The presumption is rebuttable.
What is the penalty under the gambling section?
A violation is a misdemeanor under § 14-5.6, punished under § 1-5.1 by a fine not exceeding $1,000 or imprisonment not exceeding six months, or both. The enforcing authority can charge an infraction instead, with fines of $100, $200 and $500 for first, second and later violations within one year.

Sources & Official References

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