San Marcos, CA Gambling & Gaming: Card Room Licensing (2026)
Key Facts
- Local licensing path
- None; chapter is a flat prohibition
- Banned conduct
- Operating, visiting, letting premises for gambling
- State law tie-in
- Bus. & Prof. Code § 19960 et seq. requires a local ordinance
- Default penalty
- Infraction/misdemeanor under § 1.12.010
Summary
San Marcos has never adopted the authorizing ordinance California cities need to license card rooms, and its own code flatly bans them: Municipal Code Section 10.16.010 makes it unlawful to run, visit, or resort to a barricaded gambling room, and companion sections ban letting premises for gambling or conducting a gambling house.
It is unlawful for any person within the City to exhibit or expose to view in any barred or barricaded house or room or in any place built or protected in a manner to make it difficult to access or ingress to police officers, when three or more persons are present, any cards, dice, dominoes, fan-tan table or layout, or any part of such layout, or any gambling implements whatsoever; or for any person to visit or resort to any such barred or barricaded house or room or other place in the City built or protected in a manner to make it difficult to access or ingress to peace officers, where any cards, dice, dominoes, fan-tan table or layout, or any such layout, or any gambling implements whatsoever are exhibited or exposed to view when three or more persons are present; or for any person in said City to become a visitor at any place for the practice of gambling in the City.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).
Full Breakdown
16, Card Rooms and Gambling, contains no licensing scheme for card rooms; instead every section prohibits the activity outright. 010 bars exhibiting cards, dice, dominoes, a fan-tan layout or any gambling implements in a barred or barricaded room built to make police access difficult when three or more people are present, and it separately makes it unlawful to visit such a room or to become a visitor at any place for the practice of gambling in the City. 020 makes it unlawful for a property owner, agent or employee to knowingly let or underlet premises for use as a gambling house or for the games described in Penal Code Section 330, played with cards, dice or other devices for money, checks, chips, credit or anything of value.
030 separately bans keeping, conducting or maintaining any house, room, apartment or place used for gambling, including games not listed in Penal Code Section 330. 040 bans playing, conducting or betting on peon, chuck-a-luck or any other card or dice game for money or anything of value. 16 instead codifies a blanket prohibition rather than a permit path. 010: an infraction for the first three violations of the same provision within a year, rising to a misdemeanor on the fourth, punishable by a fine set on the City's Infraction and Misdemeanor Bail Schedule or up to six months in San Diego County jail.
Violations & Fines
Operating, visiting, or letting premises for a card room or gambling house in San Marcos violates Sections 10.16.010 through 10.16.040, enforced under the general penalty at Municipal Code Section 1.12.010. Because the local chapter has no licensing path, any card room operating in the city is doing so unlawfully regardless of any state gambling license, since state law still requires a city-level authorizing ordinance San Marcos has not adopted.
Frequently Asked Questions
Can someone legally open a card room in San Marcos?
Is it illegal to just visit a card room in San Marcos?
What if my card game is not listed in Penal Code Section 330?
What is the penalty for running an illegal gambling house?
Sources & Official References
Other rules in San Marcos
California rules heatmap·Compare San Marcos to another location·View the California gambling & gaming overview
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Card Room Licensing in Nearby Cities
How other cities in San Diego County handle card room licensing.