For the purpose set forth herein, a "card room" is hereby defined
to be a business, activity or enterprise conducting card games, as
defined in this chapter, and licensed under the provisions of this
chapter, furnished or equipped with a table used or intended to be
used as a card table for the playing of card games, and the use of
which is available to the public, or any portion of the public.
(Prior code § 5-007; Ord. 016-07 C.S. § 1; Ord. 2016-12-13-1203 § II)
For the purpose of this chapter, certain words and phrases used
herein are defined as follows:
means every person who applies for a license to operate a
card room and every individual who requests a permit as provided for
by this chapter.
means the person or persons who own(s) the building in which
the card room is operated and who may, among other things, lease the
building to the card room operator and who may also operate or conduct
ancillary services such as food and beverage sales, retail sales,
entertainment activities, and personal services.
means all forms of gaming authorized by the State including
those games not prohibited by the Penal Code, Sections 319, et seq.,
and Sections 330, et seq., and which are permitted by the State of
California and the terms of the card room operations certificate.
shall mean the physical location within the card room premises
where the playing of card games is permitted.
means every individual, employed either as an agent, employee,
or otherwise, of the licensee, as defined by this section, or under
the direction and control of the licensee of any card room, with or
without compensation. Anyone who is required to routinely enter into
the card playing area during the course of their duties is considered
an employee. The term "employee" does not include a bartender, culinary
worker or any other person not directly connected with the card room
operation.
means and include the total amounts received or receivable
for seat rental fees, admission fees, table revenues and any and all
other revenues derived from gaming activities conducted on or within
the premises.
means every individual, whether or not such individual is
a named officer or director of the licensee, with the power to direct
operations, or direct supervisory and general employees of a card
room, any individual with the actual or apparent authority to direct
the counting of revenue generated by the card room, including any
person responsible for managing any aspect of the gaming activities
conducted at the card room, including a "manager" as defined in the
California Rules and Regulations adopted pursuant to the Gambling
Control Act, whether or not employed by the licensee, and every individual,
whether or not such individual is a named officer or director of the
building owner, with the power to direct operations, or direct supervisory
and general employees of the building owner. The term key management
employee includes without limitation, those individuals who fill such
positions as shall be designated by the Chief of Police as key management
employees.
means any formal or informal, written or oral contract or
understanding or arrangement whereby any person operating a card room
obtains the use or possession of any property, real or personal, to
be used, occupied, or possessed in connection with the conduct of
card games at any card room. The term lease includes, without limitation,
payments to an affiliated person under a real property lease, a personal
property lease, an unsecured note, a deed of trust, a mortgage, or
a trust indenture.
means a grant from the Chief of Police authorizing a person
as defined in this chapter to operate a card room within the City.
means the person, as defined in this chapter, to whom a card
room license has been issued pursuant to this chapter.
means any person who leases any property, real or personal,
to a person operating a card room for use in connection with the conduct
of card games or related activities.
means an act of baseness, vileness, or depravity in the private
and social duties which a person owes to fellow persons, or to society
in general, contrary to the accepted and customary rule of right and
duty between person and person, including conduct contrary to justice,
honesty, modesty, or good morals.
means any person having an interest, legal or equitable,
in a card room license, or in the ownership of a card room, or in
the division of profits or revenue of a card room, whether directly,
or indirectly through a partnership, joint venture, closely held corporation
or non-publicly traded corporation, publicly traded corporation, or
an owner or someone or entity that controls at least 5% of stock of
the corporation.
means a grant of permission from the Chief of Police to a
person allowed by this chapter, allowing such person to become a pointholder
in a card room or a key management employee of a card room licensee
within the City. Two types of permits are provided for under this
chapter, pointholder permits and key management employee permits.
means and include any individual, partnership, corporation
or combination thereof.
means any interest whatsoever, or at all, in the ownership,
division of profits, or revenue of a card room, whether legal, equitable,
or of whatever kind of character.
means land together with all buildings, improvements and
personal property located thereon and related to card room use.
means an employee engaged or paid by the licensee for the
purpose of starting and/or maintaining a sufficient number of players
at a table.
means and include any showing, representation, indication
or action which:
By means of sign, advertisement, or advertising matter, whether
in, upon or about any premises or otherwise; or
By the appearance or arrangement of any premises; or
By acts or statements of any person, or by the agents, servants
or employees of any person, indicates, suggests, holds out, or represents
that any person is, would be, or appears to be conducting or in a
position to conduct any business referred to in this chapter with
the City.
means a piece of furniture consisting of a smooth flat slab
fixed on legs where a group of people assemble for the purpose of
playing a card game.
means a grant of permission from the Chief of Police to a
person allowed by this chapter, allowing such person to be work as
an employee in a card room within the City.
(Prior code § 5-007.1; Ord. 016-07 C.S. § 1)
It is unlawful for any person, for himself, herself or for any
other person, firm or corporation, to engage in or carry on, or to
maintain or conduct, or cause to be engaged in, carried on, maintained
or conducted, any card room in the City, without first having secured
a license from said City so to do, according to each and every requirement
set forth herein, or without complying with each and every regulation
contained herein pertaining to such card room.
(Prior code § 5-008; Ord. 016-07 C.S. § 1)
A.
An applicant
for a card room license shall submit an application to the Chief of
Police of the City, which application shall be under oath, and shall
include, in addition to information as may be deemed necessary by
the Chief of Police, the true names and addresses of all pointholders,
key management employees, and building owners associated with the
business. The past criminal record, if any, of the applicant and of
all pointholders and key management employees associated with the
business shall be shown on such application. Concurrent with the filing
of the application, the City shall obtain fingerprints and photographs
of the applicant and of pointholders and key management employees
associated with the business. License and permit applicants shall
authorize the City to obtain any available criminal arrest and conviction
offender record information relating to applicant and shall further
authorize the updating of that information on an annual basis if a
license or permit is granted.
B.
The
applicant shall pay a fee to defray the cost of fingerprinting and
photography in an amount as may be fixed and established from time
to time by resolution of the City Council.
C.
The
applicant must provide a statement to the Chief of Police to the effect
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
of California and the laws and regulations of the City applicable
thereto, and that any violation of any such laws or regulations in
such place of business, or in connection therewith, shall render any
license therefor subject to immediate suspension or revocation.
D.
City
elected and appointed officials and employees of City whose job functions
involve some element of card room regulation or taxation embodied
herein and members of their immediate families (spouse and/or significant
cohabitant and children, brothers, sisters and parents who are residing
with and/or are dependents of such official or employee), shall not
be eligible to apply for card room licenses or permits hereunder or
otherwise apply for registration as a card room employee.
E.
An application
should include copies of the gambling control application previously
submitted to the State on all qualifying persons, unless waived by
the Chief of Police. In the event the application for gambling control
has not been previously submitted to the State of California, and
the Chief of Police has determined to issue a license to the applicant
conditioned upon issuance of the gambling control license by the State,
the applicant shall submit a copy of said gambling control application
to the Chief of Police within 15 days of the granting of the conditional
license. Failure to submit the copy of the gambling control application
to the Chief of Police within the specified time frame shall constitute
a failure of the license condition and said license shall be deemed
to be denied.
F.
Any
applicant hereunder is seeking the granting of a privilege. Therefore,
the burden of proving qualifications to receive such a permit or license
is at all times on the applicant. An applicant must accept all risks
of adverse public notice, publicity, embarrassment, criticism, financial
loss, or all other actions and consequences which may result from
activities with respect to reviewing, processing, approving or disapproving
any application. A waiver of any claims for damages against the City
or its agent resulting therefrom shall be presumed upon the filing
of an application.
G.
If the
applicant is an individual, the application shall include the residence
and business address and personal history record of such applicant,
specifically including any criminal arrest and conviction record,
and business and employment history for a period of 10 years before
the date of the application.
H.
If the
applicant is other than an individual, the application shall include
the name, residence and business address, and personal history record
of each of the officers, directors, copartners or stockholders who
qualify as pointholders, specifically including any criminal arrest
and conviction record, and business and employment history for a period
of 10 years prior to the date of application.
I.
The initial applications for the pointholders and key management employees shall be submitted as part of the application for a card room license. Each permit applicant shall be responsible for providing complete and accurate information and for signing the permit application. However, it shall be the responsibility of the card room license applicant (or licensee for subsequent applications) to submit the completed application and pay any application fees. Applications for pointholder permits which do not accompany the application for a card room license as provided in this section shall conform in all respects with the requirements set forth in Section 5.32.250. Applications for key management employee permits which do not accompany the application for a card room license as provided in this section shall be completed no fewer than 30 days before the key management employee is scheduled to begin work for the licensee. In addition to other information as may be required by the application forms, the applicant for a permit shall provide the information required by this section. The Chief of Police shall have sole discretion to determine whether the information submitted fulfills the requirements set forth on the application form and in this section.
J.
The
applicant for a license shall submit a physical security plan and
a security personnel deployment plan for review and approval by the
Police Department. The licensee or permittee shall have security personnel
regularly patrol the parking areas and patrons shall not be allowed
to sleep in vehicles parked in the lots controlled by the licensee.
The applicant's permit shall be subject to suspension and/or revocation
for noncompliance with approved plans. The licensee or permittee shall
be liable for the security and safety of the patrons.
(Prior code § 5-008.1; Ord. 016-07 C.S. § 1)
Except as required by the California Public Records Act, the
California Gambling Control Act, or other applicable law, it is unlawful
for any individual to disclose to any individual, or any other entity,
any data or information required under the provisions of this chapter
to be kept and maintained confidential.
(Prior code § 5-008.2; Ord. 016-07 C.S. § 1)
A.
Investigation
and Report.
1.
Upon
receipt of an application for a license, the Chief of Police shall
cause an investigation to be made covering all matters relevant to
the proposed activity of the applicant. Such matters may include,
but are not limited to, the following:
a.
Identity, character and background of the applicant;
b.
Interior floor plan of buildings and site plan as to parking, traffic
movement and aesthetics;
c.
Compliance with the City's General Plan, zoning, security and environmental
requirements;
d.
Type of tables to be used and their proposed locations, area where
food and beverages are proposed to be served and means for excluding
persons under 21 years of age from card playing areas;
e.
Type and degree of security personnel and facilities to be provided;
and
f.
The financial stability of the pointholders and key management employees
involved in the application and the financial ability of the applicant
to comply with the conditions and requirements of the City in the
event the application is approved.
2.
Upon
receipt of an application for a permit, the Chief of Police shall
cause an investigation to be made covering all matters relevant to
the proposed activity of the applicant. Such matters may include,
but are not limited to, the identity, character and background of
the applicant.
3.
The
investigation of the application shall be completed as soon as practicable
after a complete application is received.
B.
Chief
of Police Determination.
1.
The
Chief of Police, in writing, shall either grant, conditionally grant,
or deny the application. If the Chief of Police denies the application,
the Chief of Police shall state, in writing, the causes for the denial.
The Chief of Police may tentatively approve the application of a license
applicant, but, disapprove the application for a permit of one or
more of the pointholders or key management employees. In such cases
the Chief of Police may grant the license applied for subject to the
condition that any pointholder or key management employee disapproved
be removed as an individual having any involvement with, or interest
or control in the card room. Compliance with the removal condition
shall be monitored, reviewed and approved by the Chief of Police prior
to final issuance of the license.
2.
Except
as otherwise provided herein, the action of the Chief of Police in
accordance with this chapter shall be final.
C.
Requirements
for Issuance of a License. In the event a completed application for
a license is presented to the Chief of Police, and the fees required
herein have been paid, and the investigations and reports required
under the provisions of this chapter have been duly completed, the
Chief of Police shall have jurisdiction to consider such application.
The Chief of Police shall, at minimum, consider the following factors
during its consideration of the application for a license:
1.
The
effect the granting of the license may have on business, employment
and economics in the City;
2.
The
financial stability of the applicants, including all pointholders;
3.
The
business and financial history of the key management employees of
the enterprise or other manager or active operating heads, including
his or her personal history, moral background, reputation and character;
4.
Whether
issuance of the license and subsequent operation will be detrimental
to the public health, safety and welfare of the citizens of Stockton;
and
5.
Any
other relevant data, facts or considerations.
(Prior code § 5-008.3; Ord. 016-07 C.S. § 1)
A.
The
Chief of Police shall deny or condition a license or permit application
for any of the following reasons, without being limited thereto, or
for any reason consistent with the general policy of this chapter:
1.
Conviction
of any crime punishable as a felony or of any crime of violence, any
crime involving narcotics, fraud, gambling, loan sharking, bookmaking,
thievery, bunco, moral turpitude, or any crime involving evasion of
taxes, or any other crime of moral turpitude indicating a lack of
business integrity or business honesty, whether committed in the State
of California or elsewhere, whether denominated as a felony or as
a misdemeanor and notwithstanding the passage of time since the conviction;
2.
Failure
of the proposed business or activity to be operated in compliance
with Federal, State or City law or regulation;
3.
Identification
by any law enforcement agency, legislative body or crime commission
as a member of, or an associate of, organized criminal elements;
4.
Making
any false statement in the application or as to any other information
presented as part of the application process;
5.
Failure
to satisfy the Chief of Police as to the source of funds to be invested
in the proposed venture;
6.
Evidence
of prior unlawful or nuisance-creating operation as a card room or
gaming licensee or permittee in another jurisdiction without regard
to whether disciplinary action was taken at that time or whether the
acts were sufficient to justify revocation of a license or permit;
7.
Applicant
does not have the financial capability or business experience to operate
a card room in a manner which would adequately protect the patrons
of the card room and the citizens of the community;
8.
Applicant is presently under indictment or the subject of a criminal complaint for any of the crimes described in subsection (A)(1) of this section;
9.
Making
or causing to be made any statement in an application or document
provided to the Chief of Police or his or her agent(s) or orally to
a City Council member(s) or agent(s) in connection with an application,
which statement was at the time and in the light of the circumstances
under which it was made, knowingly false or misleading;
10.
Lack of evidence that there is adequate financing available to pay
potential current obligations and, in addition, to provide adequate
working capital to finance opening of the card room proposed;
11.
Failure of any person named in the application when summoned by the
Chief of Police or his or her agent(s) to appear and testify and provide
additional information at such time and place as the Chief of Police
or his or her agent(s) may specify;
12.
Inadequate security plan; and
B.
Each
licensee shall file with the Chief of Police for review a copy of
the rules by which each game permitted by this chapter is played.
No license shall be granted until it is determined that under the
submitted rules, the playing of each game is in accordance with the
provisions of this section and the Penal Code of the State. If any
game permitted herein is not played by the rules submitted, this will
be grounds for suspension or revocation of the license.
C.
Any
such license or permit granted by the Chief of Police shall be conditioned
upon compliance with all of the terms, conditions, and provisions,
of this chapter. It shall further be conditioned upon the applicant
agreeing to hold the City harmless for all expenses including but
not limited to attorneys' fees and court costs should any claims and
actions be prosecuted or commenced against the City concerning the
validity and legality of the license or any game permitted herein,
or any other provisions of this chapter.
(Prior code § 5-008.5; Ord. 016-07 C.S. § 1)
At no time shall there be more additional card room license(s) in the City that would result in exceeding the limitation of card rooms and/or playing tables established herein. The location of additional card room(s) shall be established through the land use approval process. This section shall not be interpreted to authorize any form of physical or use expansion of the preexisting card rooms without conformance with the planning and licensing approval process. There shall be no more than four card rooms in the City at any one time, and no more than 11 card playing tables in any one card room. The number of tables for a particular applicant shall be determined during the land use and licensing approval process. Licensees shall obtain approval from the Chief of Police prior to expanding (for any reason, including special tournaments, etc.) the number of tables allowed by their initial and/or current license. Under no circumstances shall the number of tables in any one card room exceed 11 card tables. The physical location of any card room licensed to operate within the City shall be in conformance with the requirements of the Planning and Zone Code in Title 16 of the Stockton Municipal Code.
(Prior code § 5-008.5; Ord. 016-07 C.S. § 1; Ord. 2018-12-04-1104 C.S. § 1)
The action of the Chief of Police in denying such a license or permit shall be subject to an appeal to the City Manager. Notice of such appeal, in writing stating the grounds for such appeal, and admitting and denying those determinations of the Chief of Police included in the notice of denial, shall be filed with the City Manager within 10 City business days after the denial of said license or permit. Upon failure to file such notice within the 10-day period, the action of the Chief of Police in denying such license or permit shall be final and conclusive. If the notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in the City Manager's sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to the administrative hearing officer to conduct the hearing in accordance with the provisions of Chapter 1.40 of this code.
(Prior code § 5-008.6; Ord. 016-07 C.S. § 1)
A.
The
terms and conditions or other requirements imposed in the card room
license may be changed by filing an application with the Chief of
Police stating the specific terms and conditions that the licensee
desires to change and the reasons therefor. Any application under
this section shall be accompanied by an application fee as established
by resolution of the City Council. The Chief of Police shall investigate
the application and deny, approve or approve subject to additional
terms and conditions the amendment.
B.
The
Chief of Police may approve the application (whether or not subject
to conditions) only if it determines that:
1.
The
proposed amendment will not result in the substantial aggravation
of crime or make law enforcement unduly difficult;
2.
The
proposed amendment is not detrimental to the public health, safety
or welfare;
3.
The
proposed amendment would not result in the violation of any applicable
zoning, fire, building, security regulation or other ordinance; and
4.
The
proposed amendment would be consistent with the purposes and provisions
of this chapter and is not contrary to the public interest.
(Prior code § 5-008.7; Ord. 016-07 C.S. § 1)
A.
Permits
issued pursuant to this chapter shall be and remain valid until the
earlier of expiration of the permit term, suspension or revocation
by the Chief of Police or City Manager as provided in this chapter
or voluntary surrender in writing by the permittee.
B.
Except
as herein provided, licenses shall renew annually on the anniversary
date of their issuance.
C.
The
card room license shall be dated as of the day upon which the same
is issued and, unless sooner revoked or surrendered, shall renew at
midnight of the anniversary of the date the card room which is the
subject of such card room license shall commence operations.
D.
All
other permits issued under the provisions of this chapter shall, unless
renewed, expire at midnight on December 31st of each year.
E.
In the
event of surrender, suspension, revocation or expiration, no permit
fee or license fee, or any portion thereof shall be refunded.
F.
In the
event that a public agency takes possession of the property subject
to a card room license under threat or actual exercise of the power
of eminent domain, the license for the card room shall be deemed to
be valid and remain in effect for a period of 12 months from the date
of closing of the card room, notwithstanding any contrary provisions
of this chapter.
G.
In the event a card room license is deemed to remain valid pursuant to subsection F of this section, and in the event the holder of such card room license plans to establish another location for operation of a card room, such holder must submit to the Chief of Police an application in accordance with Section 5.32.040, and must obtain the approval of the Chief of Police prior to commencing card room operations in accordance with the new application.
(Prior code § 5-008.8; Ord. 016-07 C.S. § 1)
A.
The
holder of a valid card room license issued pursuant to the provisions
of this chapter shall be entitled to have the license renewed annually
in accordance with the following procedures:
1.
An
application for renewal of any such license shall be filed with the
Chief of Police no later than 60 days before the anniversary date
of the license for which renewal is sought;
2.
If such application for renewal is not filed within the time specified by subsection (A)(1) of this section, such licensee may thereafter file a written application for renewal of any such license, but in such event, such licensee shall pay a penalty fee, as established by resolution of the City Council, for each table or unit affected by such renewal, for each day of delinquency;
3.
The
application for renewal shall be accompanied by the full amount of
the required renewal license fee as may be established from time to
time by resolution of the City Council; and
4.
The
card room licensee shall file with the Chief of Police an affidavit
made subject to the penalties of perjury on a form approved by the
City Attorney containing a full and complete statement including the
following information:
a.
Any change in individuals with whom the licensee has any operating
agreements pertaining to the licensed operation, including building
owner;
b.
Any change in pointholders, the full, true and correct names and
addresses of such new pointholders, or trustors for pointholders;
c.
The full, true and correct names and addresses of each and every
new key management employee; and
d.
If no changes have occurred from the previous renewal, licensee shall
so certify and attest.
B.
Failure
to make full payment of annual fees or failure to file or filing any
false statement in any affidavit and/or certification and attestation
as is required by this section may be deemed grounds for the revocation
of such license pursuant to the procedures set forth in this chapter.
C.
If the
licensee is in compliance with the requirements of this section, and
if there have been no material changes in the operation of the card
room or in the pointholders, building owners or key management employees
that have not been previously approved by the City, the card room
license shall be deemed renewed for another one year period and the
Chief of Police shall issue such renewal.
(Prior code § 5-008.9; Ord. 016-07 C.S. § 1)
All licensees, pointholders and key management employees of
a card room or other employees promoted into such positions subsequent
to their initial employment shall have their background and criminal
history investigations updated annually. The fee to cover the cost
of such investigations shall be paid at the time of submission of
the application for renewal of the license or permit in an amount
as may be established from time to time by resolution of the City
Council.
(Prior code § 5-008.10; Ord. 016-07 C.S. § 1)
A.
All
permits and licenses authorized and issued under the provisions of
this chapter shall be subject to:
1.
Immediate
suspension by the Chief of Police if the Chief of Police finds that:
a.
The Attorney General has denied, suspended or revoked an applicant's
registration under the California Gambling Control Act (Business and
Professions Code Section 19800, et seq.) or any successor thereto;
or
b.
A permittee or licensee, or any agent or employee thereof with the
knowledge of such permittee or licensee, has violated, or permitted,
allowed or caused the violation of any provision of this chapter,
any regulation issued pursuant to this chapter, any condition of approval
imposed upon the issuance of the permit or card room license, or any
State law or regulation relating to the operation of a card room where
the continued operation of the card room in light of such violation
jeopardizes, or threatens to jeopardize, the public health, safety
or welfare; or
c.
Based on ascertainable facts, the operation of the card room substantially
aggravates the crime problems in the City, makes law enforcement unduly
difficult, or is detrimental to the public health, safety or welfare
of the City.
2.
Suspension
or revocation by the Chief of Police after not less than 30 days'
written notice to the permittee or licensee and after testimony has
been taken from the permittee or licensee and/or any other interested
person, if the Chief of Police finds that:
a.
The Attorney General has denied, suspended or revoked an applicant's
registration under the California Gambling Control Act or any successor
thereto; or
b.
A permittee or licensee or any agent or employee thereof, with the
knowledge of the permittee or licensee, has violated or permitted,
allowed or caused the violation of any provisions of this chapter,
any regulation issued pursuant thereto, any condition of approval
imposed upon the issuance of the card room license, or any State or
Federal law or regulation relating to the operation of a card room;
or
c.
A permittee or licensee has failed to pay, when due and payable,
any of the fees or taxes provided for in this division within 10 days
after written notice of any such failure; or
d.
A permittee or licensee has made any fraudulent statements as to
a material fact on an application form or as to any other information
presented as part of the application process; or
e.
A permittee or licensee knowingly commits any act which would have
constituted grounds for denial of an application for a permit or license;
or
f.
The permittee or licensee has knowingly continued to employ in any
card room any individual whom any court has found guilty of any of
the crimes which would have constituted grounds for denial of an application
for a work permit or permit for the employee, or of cheating or using
any improper device in connection with any game, whether as a licensee
or player at a licensed game, or any person whose conduct of a licensed
game as an employee of a licensee resulted in revocation, or suspension
of the permit of such permittee; or
B.
Except
as otherwise provided in this chapter, the imposition of a limit,
condition, suspension or revocation of a permit of an individual pointholder,
key employee or permittee will not affect the license of the card
room.
C.
The
Chief of Police may order the sale or transfer of points or interest
held by an individual pointholder permittee whose permit has been
revoked.
D.
The
Chief of Police may order a licensed card room to keep an individual
pointholder or key employee whose permit has been revoked from coming
onto the premises of the card room, or not to pay such pointholder
or key employee any remuneration for services as an employee and/or
any profits, income or accruals on his or her investment as a pointholder
in the card room.
E.
In the event of a violation described in subsections (A)(2)(b) through (h) of this section, a civil penalty, not to exceed $10,000.00 per day for each violation, may be imposed on the licensee in lieu of suspension or revocation. In the event the violation is for non-payment of fees, the civil penalty shall amount to 5% of the unpaid fees plus one and one-half percent per month accrued daily after the first 30 days. Imposition of such civil penalties shall be in accordance with the administrative adjudication procedures established in the Stockton Municipal Code.
F.
When
appropriate, in addition to or in lieu of suspension, revocation or
imposition of a civil penalty, the Chief of Police may impose other
appropriate penalties, including but not limited to restitution to
victims and modifications and limitations on the terms and conditions
of the license or permit.
(Prior code § 5-008.11; Ord. 016-07 C.S. § 1)
A.
Notice
of Decision to Revoke or Suspend. In the event the Chief of Police
determines that a license or permit issued pursuant to the terms of
this chapter shall be suspended or revoked, the Chief of Police shall
issue a notice of decision which shall state the grounds upon which
the suspension or revocation or other penalty is based. The notice
shall be in writing and addressed to the licensee or permittee and
the building owner at the addresses of record. The notice shall be
personally served or sent by certified mail.
B.
Unless
the licensee or permittee files a written notice of appeal with the
City Manager within 15 calendar days from the date of mailing or personal
service of the notice of decision, the decision shall become effective
on the close of business after 21 days. The notice of appeal shall
state all of the grounds of appeal and shall admit or deny the determination
in the notice of decision. Failure to timely file the written appeal
shall constitute a waiver of such person's right to the administrative
appeal to the hearing officer.
C.
The
City Manager shall select a hearing officer who shall schedule and
conduct the hearing in accordance with procedures specified in regulations
to be promulgated by the City Manager pursuant to this chapter.
D.
The
cost of the appeal, including but not limited to the costs of the
services of the hearing officer and for the preparation of the transcript,
shall be borne by the licensee or permittee. The City Attorney shall
provide an estimate of costs which must be deposited with the Finance
Director before the scheduled start of the hearing. Failure to deposit
the estimated costs before the hearing is scheduled to begin shall
be deemed a waiver of the appeal.
E.
In the
event a licensee or permittee files an appeal pursuant to this section,
the effective date of the decision shall be stayed pending determination
by the hearing officer.
F.
Any
licensee or permittee aggrieved by the decision of the hearing officer
shall have the right to file a written notice of appeal to the City
Council with the City Clerk within 15 calendar days from the date
of mailing of the hearing officer's decision. The notice of appeal
to the City Council shall state all of the grounds of appeal and shall
admit or deny each and every determination of the hearing officer.
Failure to file the notice of appeal to the City Council within the
time period specified herein shall constitute a waiver of such person's
right to the administrative appeal. The City Council, within 21 days
after receipt of the notice of appeal, shall set the time and date
for the hearing on the appeal. Such hearing shall occur within 60
days after receipt of the notice of appeal, unless it is mutually
agreed between the appellant and the City Council to continue such
hearing to a subsequent date. The hearing before the City Council
shall be in a public forum, and shall be a hearing de novo. The City
Council shall have the right to grant or deny the appeal in whole
or in part and to modify the determination of the Hearing Officer.
The determination of the City Council shall be final.
(Prior code § 5-5-008.12; Ord. 016-07 C.S. § 1)
In the event of revocation, no new permit or license shall be
issued to such permittee or licensee except upon application made
thereafter as in the case of a new applicant.
(Prior code § 5-008.13; Ord. 016-07 C.S. § 1)
A.
Work
Permit Required of Employees.
1.
It
is unlawful for any card room building owner or licensed card room
to employ any person in connection with his or her card room operations
or to allow any person to do business on his or her premises who is
not the holder of a valid work permit and registration/I.D. card issued
by the Chief of Police. The requirement for a work permit shall not
apply to persons employed to perform work solely in positions not
related to the card room (e.g., cook, maid, etc.). Any employee who
enters, serves patrons, or performs any duty associated with gaming
within the card playing area or security or finance areas must obtain
a work permit. No registration/I.D. card will be issued without such
person having first been fingerprinted and photographed by the Stockton
Police Department or such other person(s) as shall be approved by
the Stockton Police Department.
2.
Every
card room building owner or licensee shall, before employing any person
in connection with the licensed card room activity, ascertain that
such person holds a valid work permit and registration/I.D. card issued
in accordance with this regulation, and shall cause its employment
records to reflect such fact.
B.
Application
Procedure.
1.
Applications for an employee work permit shall be completed and submitted under oath to the Chief of Police, together with the appropriate fees as may be established from time to time by the City Council, no fewer than 30 days before the employee is scheduled to begin work for the licensee. Applications for work permits shall be reviewed subject to the procedures to be adopted and implemented by the Chief of Police. An application may be granted or denied by the Chief of Police. The Chief of Police shall deny an application for registration for any relevant cause denoted in subsection G of this section. Concurrent with the filing of the application, the City shall obtain fingerprints of the applicant. An applicant for an employee work permit shall authorize the City to obtain any available criminal arrest and conviction offender record information relating to the applicant and shall further authorize the updating of that information on an annual basis if a work permit is issued.
2.
A
nonrefundable processing fee may be established from time to time
by resolution of the City Council shall be paid together with the
work permit registration and renewal application.
C.
Display
of Registration/I.D. Card. Every employee granted a work permit shall
be issued a registration/I.D. card by the Chief of Police, which must
be prominently displayed at all times the employee is at the card
room premises on the employee's outermost garment at approximately
chest height. Such identification card shall be in good and readable
condition and a replacement card shall be issued by the Chief of Police
upon payment of a fee established by resolution of the City Council.
Undercover security personnel, with prior approval of the Police Department,
need not wear such registration/I.D. badge in a prominently visible
place.
D.
Responsibilities
of Chief of Police.
E.
Permit
Application Fee. For the purpose of clarification, the application
fees set forth in this section are for regulation and reimbursement
to the City for the costs of investigating and processing the applications,
as provided for in this section. Each application for a permit under
this section shall be accompanied by an application fee, payable to
the City, in the amount as may be established from time to time by
resolution of the City Council, which fee shall be retained by the
City for the payment of the costs of the investigation of the applicant.
The fees set forth in this subsection shall be the property of, and
be retained by, the City, whether the employee work permit is granted
or denied.
F.
Obligation
of Card Room Licensee. It shall be a condition of any card room licensee
to inform the Chief of Police of any change in the employment status
of a registered employee within 10 days of the effective date of the
change in employment status. A change in employment status includes
termination, leave of absence, promotion or any other change in position
or title.
G.
It is
unlawful for any card room employee to work in a card room without
possessing a valid work permit issued by the Chief of Police. Applications
for such work permits shall be submitted under oath and contain the
past criminal record, if any, of the applicant and such information
as may be necessary to determine whether the applicant is a proper
person to be employed in a card room. A work permit shall be issued
only to persons 21 years of age or older.
The Chief of Police shall deny the application for an employee
work permit if the Chief of Police makes any one of the following
determinations:
1.
That
the applicant has been convicted of any felony;
2.
That
the applicant has been convicted of any misdemeanor involving dishonesty
or moral turpitude within the 10-year period immediately preceding
the submission of the application, unless the applicant has been granted
relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal
Code, and the Chief determines that granting the application will
not will be detrimental to the public health, safety and welfare of
the citizens of Stockton;
3.
That
the applicant has been convicted of any offense involving gambling,
as defined in Penal Code Sections 319 through 337.9, or as those sections
may subsequently be amended;
4.
That
the applicant has been convicted of any offense involving the violation
of the Controlled Substances Act of the California Health and Safety
Code, or as those provisions may subsequently be amended, excluding
a conviction for violation of California Health and Safety Code Section
11357(b) within the two year period immediately preceding the submission
of the application;
5.
That
the applicant has been convicted of any offense specified in Sections
266(I), 315, 316, 318 or subdivision (a) or (b) of Section 647 of
the California Penal Code, or as those sections may subsequently be
amended;
6.
That
the applicant has been convicted of any offense that requires registration
as a sex offender under Section 290 of the California Penal Code,
or as that section may subsequently be amended;
7.
That
the applicant has been convicted of any offense involving the use
of force or violence upon the person of another.
8.
That
the applicant has made one or more false statements in the application.
9.
That
the applicant has failed to comply with one or more provisions of
this chapter, or of this code, or other laws or regulations applicable
to the premises, equipment, ownership or operation of the proposed
card room of the applicant.
10.
That the issuance of the proposed work permit would violate an applicable
provision of this chapter;
11.
That the applicant is associated with criminal profiteering activity
or organized crime, as defined in California Business and Professions
Code Section 19859(e) and California Penal Code Section 186.2, or
as those sections may subsequently be amended;
12.
That the applicant would be disqualified from holding a State gambling
license for any of the reasons specified in California Business and
Professions Code Section 19859, or as that section may subsequently
be amended.
H.
Issuance
of any work permit pursuant to this section shall be further subject
to the objection to issuance by the State Division of Gambling Control
for any cause that it deems to be reasonable. If the Division objects
to the issuance of a work permit, the application shall be denied.
Such denial may be appealed in accordance with California Business
and Professions Code Sections 19912(c)(3) and (e), or as those sections
may subsequently be amended.
(Prior code § 5-009; Ord. 016-07 C.S. § 1)
A card room employee work permit shall be valid, unless suspended
or revoked, for a period of one year from date of issuance. The fee
shall not be returned in the event that such work permit is refused,
revoked or suspended as herein provided. Said work permit shall be
valid even though the holder of said permit may change his place of
employment within the City.
(Prior code § 5-009.1; Ord. 016-07 C.S. § 1)
Any person who holds a valid card room employee work permit
may obtain a new permit for the succeeding year by applying for said
new employee work permit during the month preceding the expiration
date of the current permit. Cost for said new permit, which shall
include the cost of a new identification card, shall be an amount
as fixed and established from time to time by resolution of the City
Council.
(Prior code § 5-009.1.1; Ord. 016-07 C.S. § 1)
All card room employees shall have their background and criminal
history investigations updated annually. The fee to cover the cost
of such investigations shall be paid at the time of submission of
the application for renewal of the license or permit in an amount
as may be established from time to time by resolution of the City
Council.
(Prior code § 5-009.1.2; Ord. 016-07 C.S. § 1)
If the holder of a card room employee work permit fails to renew
said permit, his or her permit shall cease to be valid and he or she
must make application for a new permit, if desired, as provided above.
(Prior code § 009.1.3)
A.
Whenever
the Chief of Police shall deny an application for an employee work
permit, the Chief of Police shall notify the applicant/work permit
holder in writing by either personal delivery or by first class mail
addressed to the applicant/work permit holder at the address listed
in the respective application, or at any more recent address furnished
to the Chief of Police by the applicant/work permit holder. The notice
shall state that the application has been denied or that the employee
work permit has been suspended or revoked and the grounds for the
action. The notice shall further state that the applicant or work
permit holder shall have the right to appeal the action to the City
Manager by filing a notice of appeal with the City Manager no later
than 10 City business days from the date of the notice of denial.
B.
A notice of any appeal must be filed with the City Manager not later than 10 City business days from the date of notice of denial, suspension or revocation of the application, license or employee work permit. If a notice of appeal is timely filed, accompanied by payment of an appeal fee in the amount as may be established from time to time by resolution of the City Council, the City Manager shall schedule the matter for hearing. The City Manager may, in the City Manager's sole discretion, hear the appeal, designate a member of City staff to hear the appeal, or submit the appeal to the administrative hearing officer to conduct the hearing in accordance with the provisions of Chapter 1.40 of this code.
(Prior code § 5-009.2; Ord. 016-07 C.S. § 1)
A.
If a
card room employee violates, permits, allows or causes the violation
of any provisions of this chapter any statute relating directly to
the operation of a card room or regulation of gaming, the Chief of
Police shall have the right to revoke or suspend any card room employee
work permit issued hereunder and to take possession of such permit.
Any of the grounds upon which the Chief of Police shall be required
to refuse to issue an initial card room employee work permit shall
also constitute grounds for such revocation or suspension.
B.
Suspension or revocation of a card room employee work permit shall be made only after a hearing granted to the holder of such permit before the Chief of Police, after five days' notice to said permit holder, setting forth the grounds of the complaint against him and stating the time and place where such hearing will be held. The action of the Chief of Police in this respect shall be subject to an appeal to the City Manager in accordance with the provisions of Section 5.32.220(B). Notice of such appeal shall be filed with the City Manager within 10 City business days after the revocation or suspension. Upon failure to file such notice within the 10 day period, the action of the Chief of Police in revoking or suspending the work permit shall be final and conclusive.
(Prior code § 5-010; Ord. 016-07 C.S. § 1)
A.
Except as otherwise indicated herein, any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a card room license in the City, and all the provisions of this chapter applicable to new and original applications shall apply; provided, however, that neither mailed notice to adjacent property owners, nor published notice, need be made. Such a transfer shall be made in accordance with the provisions of Section 5.32.250.
B.
The provisions of this section and of Section 5.32.250 shall not apply to any application for or notification of a transfer or assignment by any pointholder who is a member of a bona fide owner operating under a duly issued license to conduct a card room in the City to a then presently existing pointholder; provided, however, that any transfer of five points or more, even to an existing pointholder, shall require City approval pursuant to Section 5.32.250.
C.
The provisions of this section and of Section 5.32.250 shall not apply to a transfer of interest between or among family members wherein such transfer is made by devise or testamentary trust, provided that the recipient of said interest has not been:
1.
Convicted
of any crime punishable as a felony or of any crime of violence, any
crime involving narcotics, fraud, gambling, loan sharking, bookmaking,
thievery, bunco, moral turpitude, or any crime involving evasion of
taxes, or any other crime of moral turpitude indicating a lack of
business integrity or business honesty, whether committed in the State
of California or elsewhere, whether denominated as a felony or as
a misdemeanor and notwithstanding the passage of time since the conviction;
2.
Identified
by any law enforcement agency, legislative body or crime commission
as a member of, or an associate of, organized criminal elements;
3.
Found
by another City or County or court to have operated a card room in
a manner that was either unlawful or that created a nuisance;
5.
Found
to have made or caused to be made any statement in any document provided
to the Chief of Police, City Manager or to the City Council or orally
to a City Councilmember or agent in connection with an application,
which statement was at the time and in the light of the circumstances
under which it was made, knowingly false or misleading.
In the event that any family member who is devisee or testamentary trust beneficiary is unqualified, pursuant to this section, to be identified as the licensee, that person may transfer said license to another family member provided that such family member is not disqualified pursuant to subsections (C)(1) through (5) of this section.
(Prior code § 5-011; Ord. 016-07 C.S. § 1)
A.
Permission
Required. It is unlawful for any pointholder, having any interest
whatsoever, or at all, in the ownership of a card room whether legal
or equitable, or as trustor or trustee, or of whatever kind or character,
to transfer, convey or sell any points and/or interest in a card room
to any person who is or by reason of such transaction would become
a pointholder without the prior written consent of the Chief of Police.
B.
It is
unlawful for any licensee or pointholder to knowingly permit any individual,
partnership or other entity to make any investment whatsoever in,
or in any manner whatsoever participate in the profits of any licensed
card room, or any portion thereof, except in accordance with this
chapter.
C.
It is
unlawful for any licensee or pointholder to knowingly permit any investment
in any licensed card room or any portion thereof or participation
in the profits thereof by any person acting as agent, trustee, or
in any other representative capacity whatsoever for or on behalf of
another person without first having fully disclosed all facts pertaining
to such representation to the Chief of Police. No person acting in
any such representative capacity shall hold or acquire any such interest
or participate without first having fully disclosed all facts pertaining
to such representation to the Chief of Police and obtained written
permission of the Chief of Police to so act.
D.
Transfer
of Interest and Escrow Required. No transfer, sale or hypothecation
of a point, or new investment in a card room shall be permitted until
the Chief of Police has approved an application for transfer of interest,
and until each new pointholder has been granted a pointholder's permit
authorizing the holding of such interest in a point. No money or other
thing of value constituting any part of the consideration for the
transfer or acquisition of any interest in a licensed card room shall
be paid over, received or used prior to compliance with all prerequisites
set forth in the law and these regulations for the consummation of
such transaction. Notwithstanding the foregoing, such funds may be
placed in escrow pending completion of the transaction. Any loan,
pledge or other transaction in an attempt to evade the requirements
of this regulation may be deemed a violation and, as such, would constitute
grounds for disapproval of the point transfer.
E.
Assignment.
Any party desiring to buy, sell, accept transfer, assign or otherwise
hypothecate any interest of a pointholder in a licensed card room
shall file with the Chief of Police, on forms approved by the City
Attorney, and furnished by the Chief of Police, a written application
for permission to allow transfer of such interest. Each such application
shall contain and clearly and truthfully set forth, under oath and/or
affirmation, in addition to such other information as the Chief of
Police may require, the following:
1.
The
date of the application;
2.
The
true name of the applicant;
3.
The
status of the applicant as being an individual, partnership, corporation
or other entity;
4.
The
residence and current business address of the applicant;
5.
If
the applicant is other than an individual, the name, residence and
current business address of each co-partner, co-partnership, shareholder
(of more than 5% of the shares if the corporation is publicly traded
corporation) or other interest holders;
6.
The
name of the licensed card room and the names of the existing pointholders
from which a transfer of interest or points is sought;
7.
The
number of points and/or nature of interest sought to be sold, transferred
assigned or otherwise hypothecated;
8.
The
source of funds to be used by the applicant in acquiring such points
or interest;
9.
A
statement that the applicant(s) understands that the application will
be considered by the Chief of Police only after a full investigation
and report have been made;
10.
A balance sheet and income statement prepared in accordance with
generally accepted accounting principles and submitted under penalty
of perjury (but which need not be audited) whether he or she is an
individual, partnership or other entity; and
11.
The statements required by this subsection shall be confidential,
and the documents containing such information shall be deemed to be
confidential documents, and shall not be open to public inspection,
but shall be available only to those City officials having direct
jurisdiction where any matter relating thereto may be actually pending,
or to authorized officials of the California Division of Gambling
Control, except that the names and cities and states of residence
only of such pointholders shall be open to public inspection, but
all other statements and/or documents shall remain confidential.
F.
Investigations
Required.
1.
Whenever
an application pursuant to the provisions of this section has been
filed with the Chief of Police for a permit pursuant to the provisions
of this section, and the fees required by this section have been paid,
the Chief of Police shall promptly and diligently cause a full and
complete investigation of the applicant to be made, including the
following:
a.
Concurrently with the filing of an application, each applicant shall
be finger printed and photographed by the City and shall authorize
the City to obtain any available criminal offender record information
relating to applicant and shall further authorize the updating of
that information on an annual basis if the application is approved;
and
b.
A background check including an analysis of the financial information
supplied by the applicant pursuant to this section.
2.
It
shall be the responsibility and duty of the City Manager to supervise
and direct the Chief of Police to establish the necessary procedures
to administer the provisions of this subsection. The information received
by the Chief of Police pursuant to the provisions of this subsection
shall be treated as confidential.
G.
Application
Fees. For the purpose of clarification, the application fees set forth
in this section are for regulation and reimbursement to the City for
the costs of investigating and processing the applications. Each such
application for transfer of interest of a pointholder to an applicant
permittee shall be accompanied by an application fee in an amount
established by resolution of the City Council for each pointholder
permit applicant, which fee shall be retained by the City for the
payment of the costs of the investigation of the applicant. The fees
set forth in this subsection shall be the property of, and be retained
by, the City, whether the permit and permission to transfer interest
in the license is granted or denied.
H.
Granting
or Denial of Applications.
1.
Whenever
an application for a permit as required under the provisions of this
section is presented to the Chief of Police, and the fees required
by this section in connection therewith have been paid, the Chief
of Police may consider such application on the basis of the following,
without being limited thereto:
a.
The financial stability of the applicant;
c.
Whether the applicant has engaged in any conduct the object of which
was to evade cash transaction requirements imposed by law, has been
convicted of any such offense or has been subject to the forfeiture
of assets on account of any alleged violation of cash reporting requirements;
and
d.
Any other information deemed by the Chief of Police to be matters
of necessary inquiry.
(Prior code § 5-011.1; Ord. 016-07 C.S. § 1)
A.
Statement
of Revenue.
1.
Each licensee, shall file with the City, in accordance with Section 5.08.110 of the Stockton Municipal Code, as such provision may be amended hereafter, a statement, under oath, showing the true and correct amount of gross revenue derived from the card room business, operated pursuant to licenses issued pursuant to this chapter, for the operations in the preceding applicable time period. At the option of the City, the City may require payment of gross revenue tax revenues through electronic transfer on a more frequent basis. Such statement shall be accompanied by the payment of the correct amount of gross revenue license tax due and owing in accordance with the provisions of Section 5.08.110. A signed certification shall be attached to the statement or included therein, which certification or declaration shall be substantially in the following form:
|
"I hereby declare under penalty of perjury that the foregoing
is true and correct."
|
|
____________________
Licensee, Managing Partner, or Owner
|
|
(Strike out the titles which are not applicable)
|
2.
At
the end of each fiscal year, the licensee shall employ at licensee's
expense a recognized firm of certified public accountants as approved
by the City to conduct an audit of licensee's financial records in
accordance with generally accepted auditing standards and any additional
specifications for audit as identified in the rules and regulations
as may be promulgated by the City Manager.
The audit shall conclude with the expression of the auditor's
opinion on the financial statements of the licensee's card room operations
in accordance with generally accepted accounting principles. The auditor
shall express a separate opinion on the licensee's gross revenues
and related permit fees paid to the City for the period then ended.
Also, the licensee shall provide the City with an annual update of
the evaluation of its internal accounting and administrative controls.
Such audit report shall be filed with the City Finance Director no
later than 120 days after the fiscal year end. In the event that such
evaluation discloses material weaknesses or reportable conditions,
including but not limited to qualified or adverse auditor's opinions,
or discrepancies or deficiencies in the licensee's system of internal
accounting and administrative controls, the licensee shall submit
a program to the City Manager within 30 days of such evaluation outlining
licensee's program and target dates to correct such weaknesses or
conditions. The program and target dates shall be subject to approval,
modification or denial in the sole discretion of the City Manager,
and, in the event of modification or denial, the licensee shall submit
within 14 days of receipt of the City Manager's modification or denial,
a revised program and target dates to correct such weaknesses or conditions.
Such revised program and target dates shall be subject to approval
or modification in the sole discretion of the City Manager, and in
the event of modification, the licensee shall conform with the modified
requirements of the program. Failure to correct the weaknesses or
conditions within the time periods specified in the approved or modified
program may be grounds for suspension and/or revocation of the card
room license. All reports or evaluations submitted hereunder shall
be confidential and shall not be available for public inspection.
3.
Any
failure or refusal of any such licensee to make any statement as required
within the time required, or to pay such sums due as gross revenue
license tax when the same are due and payable in accordance with the
provisions of this chapter, shall be and constitute full and sufficient
grounds for the revocation or suspension of the permits and licenses
issued pursuant to this chapter in the sole discretion of the Chief
of Police.
B.
Not
later than January 1st of each calendar year, the licensee shall execute
under penalty of perjury and file with the Chief of Police a declaration
providing the following information:
1.
A
list of the minimum buy-in, time charged or other fees charged players
for the use of the tables.
2.
A
set of the then current posted detailed house rules applicable to
the games played.
3.
That
all taxes have been paid.
4.
The
declaration shall be accompanied by a complete copy of all registration
and re-registration applications (and exhibits) filed by the licensee
and all persons having a financial interest in the licensee under
Gambling Control Act.
(Prior code § 5-012; Ord. 016-07 C.S. § 1)
A.
Each
licensed establishment shall make and maintain complete, accurate
and legible records of all transactions pertaining to revenue subject
to taxes imposed by this chapter. Such records shall include but not
be limited to a general ledger maintained in accordance with generally
accepted accounting principles, together with appropriate supporting
records such as cash receipts and disbursement logs and journals,
payroll journals, canceled checks and original paid invoices. Such
general ledger shall be maintained in a fashion suitable for producing
financial statements in accordance with generally accepted accounting
principles. Such records shall be maintained for at least three 12-month
fiscal years and shall be maintained on the premises of the licensed
card room and made available for examination and copying by the City
or its designee.
B.
1.
The
permittee or licensee shall comply with the Internal Revenue Service
Form 8300, Currency Transaction Reporting Requirements (IRS Regulation
6050.1) for cash received from and paid to customers in excess of
$10,000.00. The permittee or licensee shall also comply with Title
31, Sections 5313 and 5314 of Title 31 of the United States Code and
Sections 103.22 and 103.23 of Title 31 of the United States Code of
Federal Regulations, including any amendments thereto. In addition,
transaction logs shall be maintained to record multiple cash transactions
totaling $3,000.00 or more on cash received from and paid to customers
within a 24-hour period.
C.
The
permittee or licensee shall institute audit and accounting processes
and procedures for employee tip pools and jackpot poker pools if jackpot
poker is allowed.
D.
In the
event information requested of a licensee can be furnished only by
someone other than the licensee (such as a landlord, supplier or an
accountant), the licensee shall make every bona fide effort to obtain
such information as requested and furnish the same or have it furnished
directly by the person who has the information available.
E.
In addition
to such other information and data required by this section or by
regulation issued by the City Manager pursuant to this chapter, each
licensed establishment shall maintain on the card room site the following:
1.
If
a partnership or corporation:
a.
A schedule showing the dates of capital contributions, loans or advances,
the names and addresses of the contributors and percentage of ownership
interest held of record by each.
b.
A record of the withdrawals or distributions of funds or assets to
partners or stockholders.
c.
A record of salaries paid to each pointholder and key management
employee.
d.
A copy of the partnership or corporate agreement, certificate of
limited partnership and accurate corporate stock transfer book, if
applicable.
e.
Copies of any and all public filings required by the Securities and
Exchange Commission.
3.
The
records required to be kept by this regulation shall be in ink or
any other permanent form of recordation. All financial transaction
records, if not recorded concurrently with the transaction, shall
be updated by the Friday of the week following the week in which a
transaction occurred. Any records which are required by law to be
maintained at another location (e.g., corporate headquarters), and
of which a copy is required to be maintained on the card room site,
shall be updated on the 15th of each month covering the prior month's
transactions.
(Prior code § 5-012.1; Ord. 016-07 C.S. § 1)
A.
Notwithstanding the audit requirements specified in Section 5.32.260 of this chapter, the licensee shall allow the City Manager or a designee unrestricted access to all books, records, facilities, and all audio and video tapes pertaining to the card room, including but not limited to, cash counting rooms and vault. Any information obtained pursuant to this section or any statement filed by the licensee or permittee shall be deemed confidential in character and shall not be subject to public inspection except in connection with the enforcement of the provisions of this chapter. It shall be the duty of the City Manager to preserve and keep such statements so that the contents thereof shall not become known except to the persons charged by law with the administration of the provisions of this chapter or pursuant to the order of any court of competent jurisdiction.
B.
Any
failure or refusal of any permittee or licensee to make and file any
statement within the time required, or to permit inspection of such
books, records, accounts and reports of such permittee or licensee
in accordance with the provisions of this chapter shall be full and
sufficient grounds for the revocation or suspension of the permit
and licenses of any such permittee or licensee in the sole discretion
of the Chief of Police.
(Prior code § 5-012.2; Ord. 016-07 C.S. § 1)
A.
The
following regulations apply to all card rooms located in the City
of Stockton:
1.
There
shall be no wagering limits for any card rooms in the City.
2.
All
card rooms may be open 24 hours per day, except conditions in the
applicable use permit may dictate an earlier closure time, later opening
time, or different period of being open for business. Card rooms may
operate seven days a week.
B.
Additionally,
under the direction of the City Manager, the Chief of Police may from
time to time enact additional rules and regulations governing the
operation of card rooms and the activity conducted in card rooms by
patrons to effectuate the purposes of this chapter. All such rules
and regulations shall be given to all licensees concurrently with
or prior to the effective date of said rules and regulations.
In the event a licensee is aggrieved by a rule or regulation
enacted by the Chief of Police, such licensee shall have the right
to file a notice of review to the City Manager for review of the enacted
rule or regulation. Such written notice of review must be filed with
the City Manager within 10 City business days of the effective date
of the enacted rule or regulation. Failure to file the written notice
of review within the time frame specified herein shall be deemed to
be a waiver of the licensee's right to City Manager review. The City
Manager or designee shall conduct a review hearing within 60 days
of receipt of the notice of review and may approve, disapprove or
modify such rule or regulation. The decision of the City Manager shall
be final.
(Prior code § 5-013; Ord. 016-07 C.S. § 1; Ord. 2015-03-10-1208 C.S. § 1; Ord. 2015-09-01-1203 C.S. § 1; Ord. 2018-07-17-1106 C.S. § 1)
It is unlawful for any building owner, permittee, licensee or
any other person to violate any provision provided for in this chapter.
Any individual violating any of the provisions of this chapter or
any of the rules and regulations set forth, established or promulgated
in this chapter shall be guilty of a misdemeanor.
(Prior code § 5-013.1; Ord. 016-07 C.S. § 1; Ord. 2015-03-10-1208 C.S. § 2)
Preexisting lawful nonconforming card rooms and pointholders licensed under Title 5 of the Stockton Municipal Code in effect before the effective date of these amendments to this chapter shall be deemed licensed and in possession of a card room license and a point-holder permit under the provisions of this chapter and those licenses shall continue in effect until December 31st of the year of the effective date of the ordinance codified in this chapter, at which time they shall apply for renewal in accordance with the provisions of this chapter as applicable. All employees holding an employee work permit pursuant to Title 5 of the Stockton Municipal Code in effect before the amendment of this chapter shall be deemed permitted under the provisions of this chapter. Those employees who hold such a work permit and are not a key management employee as that term is defined herein, shall apply for renewal of their permit on or before the expiration date of the current valid work permit. Those employees who are key management employees shall apply for a key management employee license as required by this chapter no later than the expiration date of their current valid work permit. Such key management employees' employee work permit issued before the effective date of this amendment shall be deemed effective until the later of: (1) issuance or denial of a key employee license under this chapter; or (2) the date of expiration of their current valid work permit.
(Prior code § 5-013.2; Ord. 016-07 C.S. § 1)
Any applicant for a license or a work permit adversely affected
by the action of the City Manager pursuant to this chapter, may appeal
said decision to the City Council. Notice of such appeal shall be
filed with the City Clerk within 10 days from the decision of the
City Manager.
(Prior code § 5-014; Ord. 016-07 C.S. § 1)
The Council of the City hereby declares that it is not the intent
of such provisions to permit the licensing of any card room for the
playing of any game prohibited by the laws of the State, including,
but not limited to, those games enumerated in Section 330 of the Penal
Code of the State, which section includes banking and percentage games.
(Prior code § 5-014.1; Ord. 016-07 C.S. § 1)
