It is unlawful for any person to commence or conduct within
the City any business or enterprise for the playing of cards or card
games and for the use of which a fee or commission is directly or
indirectly charged, accepted or received from players or participants
in any such playing of games, until such have first obtained a license
to do so in compliance with this chapter.
(Res. 90-15, 1990)
Any person desiring to commence or continue by renewal any business
or enterprise for any such card games shall file with the City Clerk,
on behalf of the City's law enforcement agency, a written application.
Each such application shall contain clearly and truthfully under oath
or affirmation, the following information on the form provided by
the City:
A.
The
day of the application;
B.
The
true name of the applicant, and any other name or alias used by the
applicant;
C.
The
status of the applicant as being an individual, firm, association,
partnership, joint venture, or corporation;
D.
If the
applicant is other than an individual, the name, residence, and business
address of each of the partners or members of the firm, partnership
or joint venture and the name, residence and business addresses of
each of the principal officers and directors of the association or
corporate applicant;
E.
If the
applicant is an individual, the residence and business address of
such applicant;
F.
The
proposed location of the business for which the license is sought;
G.
The
type and nature of the game proposed to be played;
H.
The
number of tables or other units to be placed, employed or used; subject
to a minimum of one and a maximum of four;
I.
A description
of any other business conducted or proposed to be conducted at the
same location;
J.
A statement
that the applicant understands that the application shall be considered
by the Council only after a full investigation and report, including
criminal records investigation, have been made by the City's
law enforcement agency;
K.
A statement
that the applicant understands and agrees that any business or activity
conducted or operated under any license issued under such application
shall be operated in full conformity with all the laws of the State
and the laws and regulations of the City applicable thereto, enforced
by frequent inspections or investigations by the City's law
enforcement agency, and that any violation of such laws or regulations
in such place of business or in connection therewith brought to the
attention of the City's law enforcement agency shall render
any license therefor subject to immediate suspension and revocation;
L.
A statement
that the applicant has read the provisions of this chapter and particularly
the provisions of this section and understands the same; and
M.
A full and complete financial statement of the applicant, whether he or she is an individual, partnership, or other entity; provided, the financial statement required by this subsection shall be a confidential qualified document and shall not be open to public inspection but shall be available only to the City Council and the City's law enforcement agency.
(Res. 90-15, 1990)
The license fees set forth in this chapter are for both regulation
and revenue purposes and are levied pursuant to the authority of applicable
State laws. Each such application for any license shall be accompanied
by fees and deposits, payable to the City as follows:
A.
An application
fee of $300 which shall be retained by the City as a deposit for the
payment of costs of investigation, including a criminal records investigation
by the City's law enforcement agency. In the event that the
costs of the investigation are more than said deposit, then the applicant
shall be required to pay the same regardless of whether or not a license
is finally issued. Similarly, in the event that the costs of the investigation
are less that the required deposit, then the Clerk shall refund the
difference to the applicant.
B.
Quarterly
license fees payable in advance for the quarters beginning on January
1st, April 1st, July 1st, and October 1st of each calendar year in
the following amounts:
1.
First
two tables: $50 per table per quarter.
2.
Additional
tables (maximum of two): $25 per table per quarter.
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The quarterly license fees shall become the absolute property
of the City and shall not be refunded in the event of a cessation
of business for any reason. All such fees including the initial application
fee may be changed at any time by City Council resolution.
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A.
Investigations
Required. Whenever an application has been filed with the City's
law enforcement agency for a license pursuant to the provisions of
this chapter, the City's law enforcement agency and the City's
staff shall immediately and diligently make an investigation as follows:
1.
A
full and complete investigation, including a criminal records investigation,
of the applicant (including its officers and members, if any, whose
name and addresses are shown upon the application);
2.
A
full and complete investigation of the building and location where
the applicant proposes to conduct such business or activity; and
3.
A
full and complete investigation as to the type of tables or units
to be used at, or in connection with, the proposed business and the
type of games proposed to be played, which investigation shall also
include the proposed locations of the tables or other units in, within,
or about the proposed place of business.
B.
Reports
Required. The City's law enforcement agency and City staff shall
make such investigations with reasonable promptness and shall report
to the City Council with reference thereto in due time, and shall
make investigations with reasonable promptness as to all matters within
its jurisdiction concerning the public health, welfare, and safety
as may be concerned with such application.
C.
Reports
Prerequisite to Council Consideration. The Council shall not consider
any application for a license until such time as the City's
law enforcement and City staff have filed their reports with the Council.
D.
Time
of Filing Reports. All such reports shall be filed with the Council
within a period of 45 days after the applications have been referred
to the City's law enforcement agency and City staff.
A.
Council
Consideration. The City Council shall consider an application for
a license under these provisions only after all fees have been paid
and the City's law enforcement agency and City staff have completed
a full investigation and report on the applicant.
B.
Decision
of Council. The Council may, in its discretion, either approve the
application and grant the license on any terms or conditions as it
deems prudent, or deny the application and refuse to grant the license.
Any such decision shall be final and conclusive, and the applicant
shall agree to abide by the same.
C.
Grounds
for Denial of Application. The City Council shall not authorize the
issuance of any license under the provisions of this chapter in any
of the following cases:
1.
If
the proposed business is to operate in violation of any state or City
law or regulations;
2.
If
the game for which the license is applied for is unlawful;
3.
If
the building premises will not conform to the City zoning regulation
requiring minimum C zoning classification; and
4.
If
the applicant or any of his or her agents or employees have any misdemeanor
or felony convictions related to drugs, acts of moral turpitude or
violence.
(Ord. 97-5 § 5, 1997)
A.
Transfer.
Any transfer or assignment of any license or expansion of an existing
facility shall be considered for all purposes as a new application
for a cardroom, and all the provisions of this chapter shall apply.
B.
Every
license issued pursuant to these provisions shall be held continuously
by and in the possession of the approved licensee at all times while
he or she is on the premises and during all games.
(Ord. 97-5 § 5, 1997)
A.
Grounds.
Any license issued pursuant to the provisions of this chapter shall
be revoked if it is found, in the time and manner hereinafter described:
1.
That
a licensee or any agent or employee thereof has violated or permitted
or caused any violation of an provision of this chapter or State or
local laws; or
2.
That
a licensee, or any agent or employee thereof, has permitted or caused
any violation of any condition of approval imposed upon the issuance
of such license; or
3.
That
any licensee has made any fraudulent statement as to a material fact
on an application form or as to any other information presented as
a part of the application process.
B.
Action
of City's Law Enforcement Agency. Whenever the City's
law enforcement agency has information that a violation constituting
a ground for revocation has occurred it shall authorize an investigation
and report on the same. If it is determined that a cause for revocation
occurred, the agency shall set the matter for consideration by the
City Council at its next most convenient meeting. The agency shall
give notice of the time and place of the hearing before the City Council
to the licensee not less than five days in advance of the date set
for such hearing.
C.
Hearings.
At the time set for such hearing, the City Council shall hear the
evidence presented by the City's law enforcement agency and
the City staff, purporting to show grounds exist for revocation; thereafter,
the City Council shall permit the licensee and any other interested
person to present such evidence as may be relevant to dispute the
existence of such facts.
D.
Decision
of City Council. If based upon the evidence presented the City Council
finds that the facts are presented which constitute grounds for revocation,
it shall revoke the license. If it finds that such facts are not present,
it shall dismiss the proceedings. The decision of the City Council
shall be final and conclusive.
A.
Established.
The following rules and regulations are established by the City Council
and shall govern all card games for which licenses are issued under
the provisions of this chapter, and shall be conditions of each license
issued:
Rule No. 1. No licensee shall use, operate or permit the use
or operation of more tables than those for which such licensee holds
then current and valid license to operate in the City and for which
the prescribed license fee has been paid to the City.
Rule No. 2.
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1.
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No licensee shall permit any person to enter the premises while
such person appears to be, or is intoxicated or under the influence
of a drug.
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2.
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No licensee shall permit any person to play in any game licensed
by the provisions of this chapter at any time which such person appears
to be or is under the influence of any intoxicant or drug, and no
person who is or appears to be intoxicated or under the influence
of any drug shall play in any such game.
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Rule No. 3. No licensee shall operate or use any table
or unit or manage, conduct or carry on any business or activity licensed
by this chapter after the time that such license issued by the City
has been revoked pursuant to this chapter.
Rule No. 4. Each and all of the games conducted or operated
in the City pursuant to the provisions of this chapter shall be conducted
and operated in full conformity with, and subject to, all of the provisions
of applicable laws.
Rule No. 5. No licensee shall permit or allow any person under
the age of 21 years to play any game licensed under this chapter,
at any time, in a cardroom covered by or referred to in any such license.
Rule No. 6. A cardroom shall be open for inspection during all
hours to the City's law enforcement agency without a search
warrant.
Rule No. 7. Cardrooms shall have a minimum of one and a maximum
of four tables including its subordinate and accessory uses thereto,
and shall be located in a C zone.
Rule No. 8. It is unlawful for any person operating, owning
or in control of any licensed cardroom in the City to employ any person
without such employee having been first fingerprinted and photographed
and fully investigated by the City's law enforcement agency
and such employee shall not work in the cardroom until after having
been approved by the agency. The agency shall issue an identification
badge upon the approval of such employee, worn by the employee in
a prominent place at all times while working in the cardroom.
Rule No. 9. The hours of operation for the cardroom shall be
between 12:00 p.m. noon and 2:00 a.m.
Rule No. 10. Table bets shall be limited to a maximum of $10
per bet.
B.
Procedures.
It shall be the responsibility and duty of the City's law enforcement
agency to establish the necessary procedures to implement and administer
the provisions of this chapter.
C.
Confidentiality.
The information received by the City's law enforcement agency
pursuant to the provisions of this chapter shall be treated as confidential
and shall be accessible only to the City's law enforcement agency,
City Council, designated City staff, and the managers of the respective
licensed cardrooms.
(Ord. 97-5 § 5, 1997)
Failure to comply with any provisions of this chapter constitutes a misdemeanor, punishable by fine or imprisonment pursuant to Section 20.04.050 of this Code in addition to any other penalties or punitive remedies existing under State or local law. Each day of noncompliance constitutes a separate and complete offense.
(Ord. 2010-01 § 5; Ord. 2010-05 § 9)
