For the purpose of this Article, certain words and phrases used herein are defined as follows:
"Applicant"
shall mean every "person," as defined by this Section, who requests a license, and every individual who requests a pointholder's or key management employee's permit from the Inglewood City Council.
"Card club"
shall mean a business, activity or enterprise conducting card games, and licensed under the provisions of this Article.
"Card club operations certificate"
shall mean authorization for a person licensed to operate a card club, whose pointholders have been issued pointholder permits, and, whose key management employees have been issued key management employee permits, to commence operation of card games at a specific location within a specific building, such operation having been reviewed and approved as being in compliance with parking, zoning, security, fire and various other local regulations.
"Card club site"
shall mean any such site approved pursuant to the provisions of this Article, in compliance with all applicable zoning, environmental, building and other local and state regulations for the design, construction and/or operation of the card club.
"Card playing area"
shall mean the physical location within the card club premises where the playing of those card games specified in the card club license is permitted.
"Commence"
shall mean and include commence, begin, initiate, start, open and establish.
"Conditional card club operations certificate"
shall mean a "certificate of card club operations" issued for a relocation of a card club to a new location. Such applicant must meet the operational requirements set forth in Section 8-97.2 of this Chapter, and shall not commence operations until all requirements for the new location have been complied with.
"Conduct"
shall mean and include conduct, transact, maintain, prosecute, practice, manage, operate and carry on.
"Draw poker"
shall mean a card game in which each player is dealt five cards face down and after betting may discard cards and get replacements. Each player bets that the value of the hand held is greater than that of the hands held by the other players.
"Employee"
shall mean every individual, employed either as an agent, employee or otherwise, of the licensee or under the direction of the licensee of any card club.
"Game" or "games"
shall mean draw poker, low ball poker, panguingue and all other games not prohibited by state law. In no event shall horse racing be deemed to be a game for purposes of this Article.
"Gross revenues"
shall mean and include seat rental fees and any revenues directly derived from gaming operations but shall not include tournament entry fees or that portion of fees charged to players that are returned to the players as tournament or jackpot bonuses or any revenues derived from food, beverage, parking or merchandise sales.
"Key management employee"
shall mean every individual, whether or not such individual is a named officer or director of the licensee, with the power to direct operations, direct supervisory and general employees of a card club, and any individual with the actual or apparent authority to direct the counting of revenue generated by the club, including any person employed by the licensee to manage the card club.
"Lease"
means any formal or informal, written or oral contractor understanding or arrangement whereby any person operating a card club obtains the use or possession of any property, real or personal, to be used, occupied or possessed in connection with the conduct of games at any card club. 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,
"Lessor"
means any person who leases any property, real or personal, to a person operating a card club for use in connection with the conduct of games or related activities.
"License"
shall mean a grant from the City Council authorizing a "person" as prescribed by this Article to operate a card club within the City.
"Licensee"
means the "person" as described by this Article, to whom a card club license has been issued pursuant to this Article.
"Owner"
shall mean every individual or any other entity having any interest, legal or equitable, in any card club or card club license. Except as otherwise provided in this Article, each owner, whether an individual or other entity, shall be required to have a pointholder's permit. A stockholder in a corporation which is an owner shall not be deemed to be an owner solely by reason of such stock ownership.
"Panguingue"
is a card game of the rummy family that is played with five or more regular 52-card packs from which the eights, nines and tens have been removed, the object being to win bonuses by melding certain groups of cards during the play and extra bonuses by melding all the cards in the hand and any card game substantially similar thereto.
"Permit"
shall mean a grant of permission from the City Council to a person allowed by this Article, allowing such person to become a pointholder in a card club or a key management employee of a card club licensee within the City. Two types of permits are provided for under this Article, pointholder permits and key management employee permits.
"Person"
shall mean and include any individual, partnership, corporation or combination thereof.
"Playing cards" or "card games"
shall mean the playing of the game of draw poker, low ball poker, panguingue or other games not prohibited by state law.
"Point"
shall mean any interest whatever, or at all, in the ownership, division of profits, or revenue of a card club, whether legal, equitable, or of whatever kind or character.
"Pointholder"
shall mean any individual having an interest in the ownership, division of profits or revenue of a card club, whether directly, or indirectly through a partnership, joint venture, closely held corporation or nonpublicly traded corporation or as a beneficial owner of at least ten percent of the voting stock of a publicly-traded corporation.
"Premises"
shall mean land together with all buildings, improvements, and personal property located thereon and related to card club use.
"Provisional license"
means a temporary license issued by the City Council to operate a card club and which is subject to all terms and conditions set forth in this Article.
"Provisional permit"
means a temporary permit issued by the City Council allowing an individual to be a pointholder or key management employee of a card club located within the city limits of Inglewood.
"Publicly traded corporation"
shall mean a corporation with a class of securities registered under the Securities Exchange Act of 1934, as amended.
(Ord. 99-21A 8-24-99; Ord. 99-28 9-21-99; Ord. 06-05 4-18-06)
It shall be unlawful for any individual to disclose to any unauthorized individual, news organization or any other entity, any data or information required under the provisions of this Article to be kept and maintained confidential.
(Ord. 99-28 9-21-99)
It is the declared policy of the City Council that pointholders and key management employees apply for and be issued permits after an individual personal background investigation, and that such parties be controlled so as to better protect the public health, safety, morals, good order and public welfare. Except as provided hereinbelow with respect to a card club license, no applicant, person, licensee, key management employee permittee, or pointholder permittee shall acquire a vested right in any permit issued, registration, finding of suitability, or approval granted by the City Council or any other action of the City Council at any stage of the proceedings. Subject to the powers of the City Council to suspend or revoke a card club license granted hereunder, the holder of any card club license shall have vested rights therein for the term of any such license.
(a) 
It shall be unlawful for any person or other entity to commence or conduct or purport to commence or conduct, within the City, any business, activity, enterprise, undertaking or place where tables or other items or units of furniture are used directly or indirectly for playing cards or card games and for the use of which a fee, commission or compensation is directly or indirectly charged, accepted or received from players or participants in any such playing of card games until such person or other entity shall have first obtained a card club license and until such licensee has secured a card club operations certificate for the operation of such card games at a specific location, within a specific building under and in compliance with the provisions of this Article.
(b) 
An applicant for a card club license or various permits is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive such 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, and, a waiver of any claims for damages against the City or its agent resulting therefrom shall be presumed upon the filing of an application.
(c) 
An application for a license or permit pursuant to this Article may claim any privilege afforded by the Constitution of the United States in refusing to answer questions by the City Council. However, a claim of privilege with respect to any testimony, evidence or requested information pertaining to an application may constitute sufficient grounds for denial of any such license or permit.
(Ord. 99-28 9-21-99)
Any person desiring or proposing to commence or conduct any business, activity, enterprise or undertaking pertaining to or involving a card club, shall file an application with the City Clerk using such forms as are provided by the City. Each application shall contain a statement as follows: "The undersigned applicant{s) declares under penalty of perjury that the foregoing is true and correct."
(Ord. 99-28 9-21-99)
The card club license, if granted, will be issued only in the name of an individual, a sole-proprietorship, a partnership or a corporation (such entity to be referred to as license applicant) and the license may require that, concurrent with the granting of the card club license, each pointholder and key management employee of the license applicant be issued permits allowing such individuals or entities to be involved in the activities, profits and direction of the card club operation (such individuals and entities to be referred to as pointholder permit applicants and key management employee permit applicants respectively). Pointholder permits shall be issued only in the name of an individual. City officials and employees and their families shall not be eligible to apply for card club licenses, pointholder permits or any form of employee permit or registration card.
In addition to other information as may be required by said application forms for a card club license, the applicant shall complete and provide the following information in as great a detail as is available or as the City Council or Administrative Officer may require:
(a) 
The date of the application;
(b) 
The true name of the applicant;
(c) 
The status of the applicant as being an individual, a sole proprietorship, a partnership or a corporation;
(d) 
If the applicant is an individual, the residence and business address and personal history record of such applicant;
(e) 
If the applicant is other than an individual, the name, residence and business address of each of the copartners or stockholders who qualify as pointholders and the name, residence and business address of each of the officers and directors of the entity;
(f) 
An application for a pointholder's permit, including a personal history record, for every pointholder who has, or is proposed to have, a financial interest, direct or remote, in the proposed card club activity;
(g) 
An application for a key management employee's permit, including a personal history record, for each individual who is or is proposed to be a key management employee of the proposed card club;
(h) 
A description of the premises to be used in relation to card club activity including, but not limited to, card playing area, restaurants and parking;
(i) 
A development concept including floor plans, site plan, schematics and or as detailed information as is available;
(j) 
A statement of the type and nature of the games proposed to be played;
(k) 
The number of tables or other units to be placed, employed or used;
(l) 
A description of any other business conducted or proposed to be conducted on the premises:
(m) 
A financial plan and source of funding for the development including protected development cost;
(n) 
A statement of the applicant's experience in the operation and management of card clubs or other lawful gambling or other relevant activities;
(o) 
A one year cash flow projection, which shall be a confidential document and not open to public inspection;
(p) 
A statement that such building will conform to all the laws of the State and the City for occupancies of the nature proposed;
(q) 
A complete description and layout of all security measures proposed in as great a detail as is available, which shall be a confidential document and not open to public inspection;
(r) 
If the City Council determines that a landlord whose lease rental payments are based upon a percentage of the revenues or profits of the card club or financier, by reason of the extent of his holdings or his inherent financial control, cannot, in fact, be separated from the card club, and, that as a practical matter, a single entity exists regardless of the apparent form of the organization, the City Council may require that all such individuals be designated pointholders and subject to all investigatory, financial and background reporting procedures established by this Article for card club pointholders. Any such determination shall not, however, be deemed to make any such lessor an owner or operator of the card club for purposes of this Article or applicable state law;
(s) 
Each application for a card club license, a pointholder's permit or a key management employee's permit shall include the following:
(1) 
A statement that the applicant understands that the application shall be considered only after a full background investigation and report has been made by such members of the City staff as are designated by the Administrative Officer,
(2) 
A statement that the applicant understands and agrees that any business or activity conducted or operated under any license or permit issued under such application shall be operated in full conformity with all the laws of the State and the laws end 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, may render any license or permit therefor subject to immediate suspension or revocation,
(3) 
A statement that the applicant has read the provisions of this Article and particularly the provisions of this Section and understands the same and agrees to abide by all rules and regulations contained in this Article,
(4) 
A balance sheet and income statement prepared in accordance with generally accepted accounting principles. The financial statements required by this subsection shall be confidential documents and shall not be open to public inspection. Documents shall be available only to the City Council and those officials having direct jurisdiction involving the provisions of this Article and to any court of competent jurisdiction where any matter relating thereto may be actually pending;
(t) 
Concurrently with the filing of their applications, the card club license applicant and the pointholder and key management employee permit applicants shall be finger-printed and photographed by the Inglewood Police Department. Applicants 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 a license or permit is granted;
(u) 
If an applicant for a card club license is a publicly traded corporation, each person having a beneficial interest of at least ten percent in the applicant corporation shall be identified and may be required to meet all the requirements of individual applicants.
(Ord. 99-28 9-21-99)
As set forth in Section 8-96.1., the applications for all pointholder and key management employees shall be submitted as part of the application for a card club 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 club license applicant (or licensee for subsequent applications) to submit the completed applications and pay any application fees.
Failure to submit complete applications for each proposed pointholder and key management employee may be grounds for denial or revocation of a card club license. However, the inability of applicant to secure a pointholder permit application from a stockholder of applicant shall not preclude applicant from receiving a license or permit so long as any such stockholder does not participate directly or indirectly in the management or operation of the card clubs or in the proceeds therefrom.
(Ord. 99-28 9-21-99)
The card club operations certificate shall be issued only to the card club licensee. This certificate may be applied for concurrently with the card club license or at any later time up to three hundred sixty days after granting of a card club license. Failure to apply for a card club operations certificate within three hundred sixty days after granting of a card club license may be grounds for revocation of the card club license.
The card club operations certificate application shall be submitted to the City Clerk. In addition to other required information as may be set forth on application forms provided by the City, the application shall include the following:
(a) 
Detailed floor plans of the interior of the proposed card club facility specifying at a minimum:
(1) 
The location of all card playing areas,
(2) 
The manner in which the card playing area(s) shall be separated from other areas,
(3) 
The location of any and all other proposed businesses and facilities the premises;
(b) 
Detailed plans of the parking facilities including a lighting and security plan;
(c) 
A detailed statement of all proposed security measures (both physical and operational);
(d) 
A detailed statement of all plans, both physical and operational, for the handling of money, including, but not limited to, provisions, if applicable, for:
(1) 
Players banks (limited to cash only),
(2) 
Purchase of chips and protection against counterfeit chips,
(3) 
Check-cashing or credit procedures,
(4) 
Procedures for bringing money to or removing money from the premises,
(5) 
Procedures for determining and depositing daily gross receipts;
(e) 
An independent evaluation of the internal accounting and administrative control system proposed to be used by applicant.
All information provided regarding security measures, internal controls, or provisions relating to the handling of cash, chips, and cards shall be deemed confidential and shall not be available for public inspection.
(Ord. 99-28 9-21-99)
For purposes of clarification, the fees set forth in this Article are for both regulation and revenue purposes and are levied pursuant to the authority of Article XI, Section 5 of the Constitution of the State of California. Each application for any license or permit shall be subject to fees and deposits, payable to the City as follows:
(a) 
A card club license application fee of $35,000 which shall be retained by the City for the payment of the costs of investigation;
(b) 
The card club license application fee provided for in Section 8-96.4(a) above shall cover the investigation costs of the license application and a combined total of up to twenty pointholder and key management employee permit applications. If a license applicant has pointholders and key management employees exceeding twenty in number, a fee of $750 per pointholder or key management employee exceeding the twenty shall be paid to and retained by the City as payment of the costs of investigation;
(c) 
A card club license fee of $25,000 which shall be paid to the City prior to the issuance of the card club license;
(d) 
No additional fee shall be required for the card club operations certificate.
(Ord. 99-28 9-21-99)
1. 
All applicants for operating licenses are hereby deemed to include in their applications requests for provisional licenses, if the applications are truthful, complete and accurate; include the payment of any and all required fees and are submitted to the Inglewood City Clerk on the required City forms.
2. 
All provisional licenses, and any and all extensions thereof, are subject to payment of the fees specified in Inglewood Municipal Code Section 8-105.
3. 
Issuance of a provisional license creates no vested right to the issuance of a City of Inglewood card club license.
4. 
A provisional license is held subject to all terms and conditions under which a City of Inglewood card club license is held pursuant to the Inglewood Municipal Code.
5. 
A provisional license is not transferable.
6. 
A provisional license is a temporary license issued by the City Council to operate a card club located within the City limits of Inglewood. Each provisional license shall be valid, initially, for no longer than 180 days from the date of issuance. Each provisional license will expire upon the issuance of a card club operation certificate; rejection or withdrawal of the related application for a card club license; or 180 days, whichever occurs first.
7. 
The holder of a provisional license may make a written request for one extension of an expiring provisional license. Any such request may be in letter form and submitted to the Inglewood City Clerk and must be made no later than thirty days prior to the expiration of the provisional license. All requests for extensions of provisional licenses shall be presented by the Administrative Officer to the City Council for consideration. Submission of said written request for an extension of an expiring provisional license does not require the City Council to approve the request. The Council may determine to approve, approve with conditions or reject any such request for extension.
(Ord. 99-21A 8-24-99; Ord. 99-28 9-21-99)
1. 
All applicants for pointholder permits or key management permits are hereby deemed to include in their applications for such permits, requests for provisional licenses, if the applications are truthful, complete and accurate; include the payment of any and all required fees and are submitted to the Inglewood City Clerk on the required City forms.
2. 
All provisional permits, and any and all extensions thereof, are subject to payment of the fees specified in Inglewood Municipal Code Section 8-105.
3. 
Issuance of a provisional permit creates no vested right to the issuance of a City of Inglewood pointholder or key management permit.
4. 
A provisional permit is held subject to all terms and conditions under which a City of Inglewood card club pointholder or key management permit is held pursuant to the Inglewood Municipal Code.
5. 
A provisional pointholder permit or key management permit is not transferable.
6. 
A provisional pointholder permit or key management permit is a temporary permit issued by the City Council allowing an individual to be a pointholder or to be a key management employee of a card club located within the city limits of Inglewood. Each provisional permit shall be valid, initially, for no longer than one hundred eighty days from the date of issuance. Each provisional permit will expire upon the issuance of a pointholder permit or key management employee permit; rejection or withdrawal of the related application for a pointholder permit or key management employee permit; or one hundred eighty days, whichever occurs first.
7. 
The holder of a provisional permit may make a written request for one extension of an expiring provisional permit. Any such request may be in letter form and submitted to the Inglewood City Clerk and must be made no later than thirty days prior to the expiration of the provisional permit. All requests for extensions of provisional permits shall be presented by the Administrative Officer to the City Council for consideration. Submission of said written request for an extension of an expiring provisional permit does not require the City Council to approve the request.
The Council may determine to approve, approve with conditions or reject any such request for extension.
(Ord. 99-21A 8-24-99; Ord. 99-28 9-21-99)
Whenever an application for a permit or license pursuant to this Article has been filed and all application and permit fees as established by Section 8-96.5 are deposited with the City Clerk, the City Clerk shall immediately refer such application, or a true copy thereof, to the Chief of Police and the Administrative Officer.
(Ord. 99-28 9-21-99)
(a) 
Investigation and Report. Upon receipt of a card club license application, the Administrative Officer shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant, individual pointholders and key management employees. Such matters may include but are not limited to the following:
(1) 
Identity, character and background of the license applicant and all pointholders, and all key management employees;
(2) 
Interior floor plan of buildings and site plan as to parking, traffic and aesthetics;
(3) 
Compliance with City's General Plan, zoning and environmental requirements;
(4) 
Type of tables to be used and their proposed locations, area where food arid beverages are proposed to be served and means for excluding persons under eighteen years of age from card playing areas;
(5) 
Type and degree of security personnel and facilities to be provided;
(6) 
The financial stability of the pointholders 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.
The investigation of the card club application shall be completed as soon as practicable after a complete application is received. (At the discretion of the City Council, an application shall not be deemed complete until complete permit applications for all proposed pointholders and key management employees have been submitted.) Following the investigation, the completed report of the investigation together with the Administrative Officer's findings and recommendations shall be forwarded to the City Council. The City Council shall not consider any application for card club license or individual permits until the Administrative Officer's findings and recommendations are forwarded for review.
(b) 
City Council Actions. Upon receiving the complete card club application arid the Administrative Officer's findings and recommendations, the City Council shall make a determination on the permit applications within forty-five days.
(c) 
City Council Determination. The City Council by resolution shall either grant, conditionally grant or deny the card club license application and the individual permit applications. If the City Council rules that an application be denied, the order will be accompanied by written reasons upon which the order is based. All such orders end reasons will be made public. It shall be possible for the City Council to 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 City Council can grant the license applied for subject to the condition that any pointholder or key management employee disapproved of be removed as an individual having any interest or control in the card club. Compliance with the removal condition shall be monitored, reviewed and approved of by the Administrative Officer, prior to final issuance of the card club license.
This article limits the location of licensed clubs in the City to one. The City Council shall determine, in its judgment, which, if any, of the various applicants who wish to open card clubs within such location will receive a card club license. In determining whether to grant a license, the City Council shall be guided by the policy that licenses shall be issued only to those persons who will operate such licensed clubs so as to best protect the public health, safety, morals, good order and welfare of the residents of the City. Applications shall additionally be considered on the basis of the criteria set forth in Section 8-97.1 without being limited thereto. The action of the City Council in accordance with this ordinance shall be final. In the event the findings or actions of the City Council shall be challenged, the challenger shall be required to pay the total costs of defense of such challenge unless it is the prevailing party.
(d) 
Requirements for Issuance. In the event a full and complete application for a card club license is presented to the City Council, and the payments required by this Article in connection therewith have been duly made to the City, and the investigations and reports required under the provisions of this Article have been duly completed, the City Council shall have jurisdiction to consider such application. The application shall be considered on the basis of the following, without being limited thereto:
(1) 
The effect of the granting of such license insofar as the same would affect business, employment and economics in the City;
(2) 
The financial stability of the applicants, key management employees and pointholders, including the personal history, business experience, general reputation, character and any other matters deemed by the Council to be necessary or important;
(3) 
The business and financial history of the key management employees of the enterprise or other manager or active operating head, including his or her personal history, moral background, reputation and character; and
(4) 
Any other relevant data, facts or considerations.
(e) 
Grounds for Denial. The City Council may, in its discretion, deny or condition a license or permit application for any of the following reasons, without being limited thereto, or for any other reason consistent with the general policy of this Article:
(1) 
Conviction of any crime punishable as a felony or of any crime of violence, any crime involving fraud, gambling, loan cere, 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 applicant to have a valid registration from the Attorney General of the State of California issued pursuant to the Gaming Registration Act;
(3) 
Failure of the proposed business or activity to be operated in compliance with Federal, state or city law or regulation;
(4) 
Identification by any law enforcement agency, legislative body or crime commission as a member of, or an associate of, organized criminal elements;
(5) 
Knowingly making any false statement in the application or as to any other information presented as part of the application process;
(6) 
Failure to satisfy the City Council as to the source of funds to be invested in the proposed venture;
(7) 
Prior unsuitable operation as a card or gaming licensee 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;
(8) 
Applicant does not have the financial capability or business experience to operate a card club in a manner which would adequately protect the patrons of the card club and the citizens of the community;
(9) 
Applicant is presently under indictment or the subject of a criminal complaint for any of the crimes described in subsection (1) above;
(10) 
Making or causing to be made any statement in an application or document provided to the City Council or its agents or orally to a City Council member 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;
(11) 
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 club proposed;
(12) 
Failure of any person named in the application when summoned by the City Council to appear and testify before it or its agents at such time and place as it may designate;
(13) 
Inadequate security plan;
(14) 
Proposed location of card club in an area other than a card club site;
(15) 
The Division of Gambling Control may object to the issuance of gambling establishment employee work permits. The City shall deny work permits to any persons to whom the Division of Gambling Control objects;
(16) 
Failure of the applicant to clearly establish eligibility and qualification in accordance with California Business and Professions Code Section 19850A;
(17) 
Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling, official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the California Penal Code;
(18) 
The applicant is less than twenty-one years of age.
(Ord. 99-28 9-21-99; Ord. 99-31 9-28-99)
(a) 
Administrative Officer Authorized to Grant. The application for a card club operations certificate and all related materials including detailed site and floor plans, and detailed statements of security and operations procedures shall be reviewed by the Administrative Officer and such staff as he may designate. The plans and specifications required by this Section shall be in sufficient detail to obtain building permits.
The Administrative Officer shall have the authority to grant, conditionally grant or deny issuance of a card club operations certificate in accordance with the criteria set forth in Section 8-97.2(b).
The Administrative Officer shall approve or disapprove any plans, specifications or proposed procedures within forty days of receipt thereof. Any disapproval shall be in writing and shall include reasons for the disapproval. Any item neither approved nor disapproved within forty days shall be deemed approved. The applicant, upon receipt of a disapproval, shall revise those plans, specifications or procedures which are disapproved and resubmit to the Administrative Officer.
(b) 
Criteria for Issuance of a Card Club Operations Certificate. A card club operations certificate is required before a card club licensee can commence operations. The certificate shall be issued when all of the following have been complied with:
(1) 
The applicant has a valid card club license;
(2) 
The card club site has been fully developed in accordance with all plans and specifications submitted to and approved by City and the site has been inspected to verify compliance with all such plans and specifications;
(3) 
The applicant has taken all steps necessary to insure that the be operated in the manner set forth in this Article and as approved by the has documented such to the satisfaction of the Administrative Officer;
(4) 
All zoning, environmental, building and any other local or state requirements for the design, construction or operation of the card club have been complied with.
(5) 
The "card club site" must be located in a C-R zone, or any such area or zone authorized and permitted pursuant to the Inglewood zoning ordinance and other applicable statutes and/or regulations, provided that such site shall not be located near any existing school or existing building used primarily as a place of worship, an existing playground or other area of juvenile congregation, an existing hospital, convalescence facility or near another similarly unsuitable area.
(c) 
A current card club Licensee who has operated a card club for a consecutive five-year period, may request a conditional card club operations certificate for the purpose of relocating the card club to another location. Such request must be in writing, addressed to the City Administrative Officer. Issuance of a conditional card club operations certificate shall be subject to compliance with the conditions and requirements of this Section, and in no way shall allow such Licensee to commence operations at the new location prior to compliance with the requirements of this Section, including, but not limited to provisions of state and local law. A conditional card club operations certificate shall not be issued for a period exceeding ninety days. Such conditional card club operations permit may be renewed, upon a showing of good cause, upon written request to the City Administrative Officer. Any such extensions shall be subject to the consent and approval of the City Council. Nothing in this Section shall imply that more than one card club may be authorized to operate within the City at any time.
(Ord. 99-28 9-21-99; Ord. 06-05 4-18-06)
If the action of the City Council, or the City Administrator as appropriate, on any application is to grant the same, the Finance Director or designee may thereupon issue the necessary licenses, permits and renewals thereof upon payment of fees as required by this Article, until such time as such license or permit is either surrendered, suspended, revoked or expires.
(Ord. 99-28 9-21-99; Ord. 06-05 4-18-06; Ord. 07-08 4-25-07)
The provisions of this Section shall become applicable only in the event that it is no longer possible to operate the card club at the Hollywood Park location approved by the voters. The card club licensee and permit holder shall notify the City of its intent to relocate not later than ninety days prior to such relocation. Such notice of intent to move must include documentation to support the conclusion that it is or upon the happening of an event, it will no longer be possible to operate the card club at the Hollywood Park location.
Any relocation of the card club must comply with all other requirements of this Article, as well as the zoning, building and other applicable state and local laws and regulations. Such new location must be approved by a majority vote of the City Council via a public hearing notice in accordance with local and state requirements, but in no event shall such notice be less than two weeks notice to all property owners within a five hundred feet radius and publication in a local newspaper of general circulation. Such public hearing may be held concurrently with any public hearings that may be required for planning, zoning or land use issues, provided that there is a specific site identified prior to the time of such hearing(s). In approving or denying the requested relocation, the City Council shall issue factual findings in support of its decision. Such findings shall not be limited to site related issues, but may include any such issues that the City Council determines to have a reasonable relationship to the decision before them.
(Ord. 06-05 4-18-06)
Permits and licenses issued under the provisions of this Article shall be and remain valid until either surrendered in writing or allowed to expire by the permittee or licensee, or suspended or revoked by the City Council or Administrative Officer as provided in this Article.
Except as herein provided, card club licenses shall, unless renewed, expire annually on the anniversary date of their issuance. The initial license shall be dated as of the day upon which the same is issued and, unless sooner revoked shall expire at midnight of the fifth anniversary of the date the card club which is the subject of such initial license shall commence operations. If the initial license shall be surrendered or revoked prior to the end of such fifth anniversary, then the license granted relative to the operation of the card club in lieu of the initial license shall expire at the same time that the initial license would have expired (i.e. the fifth anniversary of the date on which the card club commenced operations).
The card club operations certificate shall be and remain valid as long as the card club license is valid and no physical or procedural changes are made with respect to the club, club site, or operation of the club.
In the event of surrender, suspension, revocation or expiration, no permit fee or license fee, or any portion thereof, shall be refunded.
(Ord. 99-28 9-21-99)
The holder of an unsurrendered, unexpired, unsuspended, unrevoked and valid card club license issued pursuant to the provisions of this Article shall be entitled to have the license renewed annually in accordance with the following procedure:
(a) 
An application for renewal of any such license shall be filed with the Finance Director no later than one hundred twenty days before the expiration date of the license for which renewal is sought.
(b) 
If such application for renewal is not filed within the time specified by Section 8-98.1(a), such licensee may thereafter file a written application for renewal of any such expired license, but in such event, such licensee shall pay a penalty fee of $10 for each table or unit affected by such renewal, for each day of delinquency.
(c) 
The application for renewal shall be accompanied by the full amount of the required renewal license fee as set forth in Section 8-104.
(d) 
The card club licensee shall file with the City Clerk 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:
(i) 
Any change in individuals with whom the licensee has any operating agreements pertaining to the licensed operation;
(ii) 
Any change in pointholders, the full, true and correct names and addresses of such new pointholders, or trustors for pointholders;
(iii) 
The full, true and correct names and addresses of each and every new key management employee;
(iv) 
If no changes have occurred from the previous renewal, licensee shall so certify and attest.
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 subsection may be deemed grounds for the revocation of such card club license pursuant to the procedures set forth in this Article.
(Ord. 99-28 9-21-99; Ord. 03-19 10-14-03; Ord. 06-05 4-18-06; Ord. 07-08 4-25-07)
Upon compliance by a card club licensee with the requirements of Section 8-98.1 and if no material changes have occurred that have not already been acted upon, the card club license shall automatically be deemed renewed for another one year period and the Finance Director shall issue such renewal.
(Ord. 99-28 9-21-99; Ord. 03-19 10-14-03; Ord. 06-05 4-18-06; Ord. 07-08 4-25-07)
There are no mandatory limits on the amount wagered in any permitted game. However, the licensee of a gaming establishment may impose wagering limits on any game at his or her discretion.
(Ord. 07-05, 3-13-07)
It shall be unlawful for any licensed card club in the City to employ any person in connection with its operations or to allow any person to do business on its premises who is not the holder of a valid registration card issued by the Chief of Police. Notwithstanding the foregoing, no person performing services on the card club premises shall be required to be registered unless said person is performing services in the card playing area or said services are related to gaming activities. No registration card will be issued without such person having first been fingerprinted and photographed by the Inglewood Police Department, another law enforcement agency within the United States, or such other person(s) as shall be approved by the Inglewood Police Department.
Applications for registration cards shall be reviewed subject to the procedures to be adopted and implemented by the Police Department. An application may be granted or denied by the Chief of Police. The Chief of Police may deny an application for registration for any relevant cause denoted in Section 8-97.1(E), without being limited thereto. Applicants for employee registration cards shall authorize the City to obtain any available criminal offender record information relating to the applicant and shall further authorize the updating of that information on an annual basis if a registration card is issued.
In recognition of the delays which may be encountered in obtaining all information on each applicant, the Chief of Police is hereby authorized to issue provisional registration cards which shall be valid for a period not to exceed six months and shall be issued under the terms and conditions to be determined by the Chief of Police.
Every employee shall keep his registration card on his person and available for inspection at all times when actively engaged in the conduct of any card club activities.
Every licensee shall, before employing any person in connection with the licensed card club activity, ascertain that such person holds a valid registration card issued in accordance with this regulation, and shall cause his employment records to reflect such fact.
It shall be the responsibility and duty of the Chief of Police to establish the necessary procedures to implement and administer the provisions of this Section.
The information received by the Chief of Police pursuant to the provisions of this Section shall be treated as confidential.
(Ord. 99-28 9-21-99)
Work permits shall expire three years from the date of issue and shall be subject to a renewal fee equal to one-half the prevailing permit and badging fee.
(Ord. 01-07 4-10-01)
The fee for issuing new (additional) badges, for any reason, prior to the current expiration date shall be equal to one-half the prevailing permit and badging fee.
(Ord. 01-07 4-10-01)
The fees specified in Sections 8-100.1 through 8-100.3 shall be adjusted in January of each even-numbered calendar year beginning in the year 2002 by calculating the average cost of similar services provided by enforcement agencies in Southern California.
(Ord. 01-07 4-10-01)
Inglewood residents will be required to pay fifty-two percent of the prevailing fee at the time the service is provided. The licensed card club will be billed monthly for the remaining forty-eight percent fee balance for all Inglewood residents who are hired and report for duty. The licensed card club is granted the discretion to pass through the resident applicant permit and badge fee balance of forty-eight percent of the prevailing fee to the employees through payroll deductions.
If an Inglewood resident is not hired; he will not be required to pay the balance; it will be treated as a fee-paid-in-full.
(Ord. 01-07 4-10-01)
(a) 
Permission Required. It shall be unlawful for any pointholder, having any interest whatever, or at all, in the ownership of a card club, whether legal or equitable, or as trustor or trustee, or of whatever kind or character, to transfer or sell any points and/or interest in a card club to any person who is or by reason of such transaction would become a pointholder without the prior consent and permission of the City Council.
(b) 
No licensee or pointholder shall knowingly permit any individual, partnership or other entity to make any investment whatever in, or in any manner whatever participate in the profits of any licensed card club, or any portion thereof, except in accordance with these regulations; provided, however, that the purchase or other acquisition of stock in a publicly traded corporation shall not be deemed to be such an investment or participation unless by a pointholder. Except as otherwise provided in Section 8-96.2, a licensee which is a publicly traded corporation shall not have responsibility with respect to any transfers, sales or assignments of shares of its common stock or other securities.
(c) 
No licensee or pointholder shall knowingly permit any investment in any licensed card club operation or any portion thereof or participation in the profits thereof by any person acting as agent, trustee or in any other representative capacity whatever for or on behalf of another person without first having fully disclosed all facts pertaining to such representation to the City Council. Except as otherwise provided in Section 8-96.2, a licensee which is a publicly traded corporation shall not have responsibility with respect to any transfers, sales or assignments of shares of its common stock or other securities. 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 City Council and obtained written permission of the City Council to so act.
(d) 
Transfer of Interest and Escrow Required. No transfer, sale or hypothecation of a point, or new investment in an existing licensed card club shall be permitted until the City Council has received, reviewed and 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: provided, however, that no such approval shall be required for sales of stock of a publicly traded corporation other than to a pointholder. 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 club operation shall be paid over, received or used prior to complete 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 (other than stock of a publicly traded corporation to a person other than pointholder) in a licensed card club shall file with the City Clerk, on forms approved by the City Attorney and furnished by the City Clerk, 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 City Clerk and/or the City Council 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 business address of the applicant;
(5) 
If the applicant is other than an individual, the name, residence and business address of each co-partner, co-partnership, shareholder or other interest holders;
(6) 
The name of the licensed card club and the names of the existing 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 City Council only after a full investigation and report have been made and the report of investigation forwarded to the City Council;
(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 is an individual, partnership or other entity;
(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, 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. Whenever an application pursuant to the provisions of this Section has been filed with the City Clerk for a permit pursuant to the provisions of this Section, the City Clerk shall immediately refer such application, or a true copy thereof, to the Administrative Officer, who shall promptly and diligently cause an investigation to be made as follows:
(1) 
A full and complete investigation of the applicant and each pointholder whose names and addresses are shown upon the application;
(2) 
Concurrently with the filing of an application, each applicant shall be fingerprinted and photographed by the Inglewood Police Department 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;
(3) 
It shall be the responsibility and duty of the Administrative Officer to supervise and direct the Chief of Police to establish the necessary procedures to administer the provisions of this subsection; and
(4) 
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 purposes of clarification, the application fees set forth in this Section are for regulation, revenue purposes and reimbursement to the City for the costs of investigating and processing the applications, as provided for in this Section, pursuant to the authority set forth in Article XI, Section 5 of the Constitution of the State. Each such application for transfer of interest of a pointholder to an applicant permittee shall be accompanied by a fee, payable to the City as follows:
(1) 
An application fee in the amount of $500 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;
(2) 
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 City Council, and the fees required by this Section in connection therewith have been paid to the City Clerk, the City Council may consider such application on the basis of the following, without being limited thereto:
(i) 
The financial stability of the applicant;
(ii) 
Conviction of criminal offenses as denoted in Section 8-97.1(e); and
(iii) 
Any other information deemed by the City Council to be matters of necessary inquiry.
(2) 
The City Council may, in its discretion, either grant, conditionally grant, or deny the permit applied for. The action of the City Council shall be final.
(Ord. 99-28 9-21-99)
All pointholders and key management employees of card clubs shall have their background and criminal history investigations updated annually. The card club license annual renewal fee shall be used to cover the cost of such investigations.
(Ord. 93-05 3-16-93)
All permits and licenses authorized and issued under the provisions of this Article shall be subject to, and accepted as subject to:
(a) 
Immediate suspension by the Administrative Officer under the circumstances provided below until a decision is rendered by the City Council pursuant to this Article. The matter of such suspension shall be submitted to the City Council at the first meeting following the Administrative Officer's action. A permit or license may be immediately suspended if the Administrative Officer finds that:
(1) 
The Attorney General has suspended or revoked an applicant's registration under the California Gaming Registration Act, or
(2) 
A permittee/licensee, or any agent or employee thereof with the knowledge of such permittee/licensee, has violated or permitted, allowed or caused the violation of any provision of this Article, any regulation issued pursuant to this Article, any condition of approval imposed upon the issuance of the permit or card club license, or any state law or regulation relating to the operation of a card club where the continued operation of the club in the light of such violation jeopardizes, or threatens to jeopardize, the public welfare;
(b) 
Suspension or revocation by the City Council after a public hearing held after not less than thirty days' notice to the permittee/licensee and after testimony has been taken from the permittee/licensee and/or any other interested person, if the City Council finds that:
(1) 
The Attorney General has suspended or revoked an applicant's registration under the California Gaming Registration Act, or
(2) 
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 Article, any regulation issued pursuant thereto, any condition of approval imposed upon the issuance of the card club license, or any state or Federal law or regulation relating to the operation of a card club, or
(3) 
A permittee/licensee has failed to pay, when due and payable, any of the fees provided for in this Article within ten days after written notice of any such failure;
(4) 
A permittee/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
(5) 
A permittee/licensee knowingly commits any act which would have constituted grounds for denial of an application for a permit or license.
(6) 
The permittee or licensee has knowingly continued to employ in any card club any individual whom the City Council or any court has found guilty 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,
(7) 
The permittee or licensee has been convicted of a crime denominated in Section 8-97.1(e)(1). Such a conviction may be deemed by the City Council as suitable grounds for revocation or suspension of the licensee's card club license, prior to the exhaustion of the licensee's appellate rights, if the conviction acts as a detriment to card club activity in the City;
(c) 
The City Council may limit, condition, suspend or revoke the permit of an individual pointholder or key employee permittee without affecting the license of the card club;
(d) 
The City Council may order the sale or transfer of points or interest held by an individual pointholder permittee whose permit has been revoked;
(e) 
The City Council may order a licensed card club to keep an individual pointholder whose permit has been revoked, from coming onto the premises of the card club, or, not to pay such pointholder any remuneration for services as an employee and/or any profits, income or accruals on his investment as a pointholder in the card club.
(Ord. 93-05 3-16-93; Ord. 97-19 9-2-97)
In the event of a violation described in subsections 8-103(b)(2) through (7) immediately above, a fine, not to exceed $10,000 per day for each violation which continues after seven days following written notice from the Administrative Officer of such violation, may be imposed on the licensee in lieu of suspension or revocation; provided, however, that in the event the violation is for nonpayment of fees, the fine shall amount to five percent of the unpaid fees plus one and one-half percent per month accrued daily after the first thirty days.
(Ord. 93-05 3-16-93; Ord. 97-19 9-2-97)
(a) 
Oral evidence shall be taken only on oath or affirmation.
(b) 
Both the City and the permittee/licensee shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issue, whether or not that matter was covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against any witness.
(c) 
The technical rules relating to evidence and witnesses shall not apply. However, only evidence relevant to the subject matter of the hearing and which is not repetitious will be accepted. Hearsay evidence is admissible, but is not sufficient in itself to support a suspension or revocation of the license.
(Ord. 93-05 3-16-93)
The decision of the City Council shall be final and conclusive. Except as specifically provided in Section 8-105.1(2), in the event of suspension or revocation of a license, no part of any license fee previously paid shall be refunded.
(Ord. 93-05 3-16-93)
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.
(Ord. 93-05 3-16-93)
The City Council hereby determines that an annual fee is payable with respect to all licenses issued pursuant to the provisions of this Article which fee shall be payable annually on the anniversary date of each license issuance, and license fees are hereby fixed as follows:
(a) 
An annual license fee of $25,000 shall be payable in advance of the beginning of each year in which card club operations are conducted.
(b) 
All annual license fees shall become the absolute property of the City and shall not be refunded due to the cessation of, or failure to begin such businesses, whether voluntary or involuntary. No refund of the new application fee deposit shall be made.
(Ord. 93-05 3-16-93)
In addition to the basic license fees prescribed by Section 8-96.4 and Section 8-104 of this Article, and in lieu of the gross receipts tax imposed by Article 2 of Chapter 8 of the Inglewood Municipal Code commencing with Section 8-23, there is hereby imposed a gross revenue license fee. Said fee shall apply to card club operations Only and shall be additional to and have no effect on the City's share of the pari-mutuel pool imposed by Article 9.5 of the Business and Professions Code commencing with Section 19610.
Should it be determined that Business and Professions Code Section 19610.3, or any section which replaces it, is the sole revenue-producing measure which can be applied to the business of the card club licensee, then all permits and licenses granted pursuant to this Article shall be deemed revoked and all card club operations shall cease.
The gross revenue license fee shall be payable monthly, based on the total monthly gross revenue of the card club so licensed, according to the following schedule:
Total Monthly Gross Revenue
Monthly License Fee
Less than $100,000
-0-
$100,000 but less than $500,000
10% of excess over $100,000
$500,000 but less than $2,500,000
$40,000 plus 11% of excess over $500,000
$2,500,000 but less than $5,000,000
$260,000 plus 12% of excess of over $2,500,000
$5,000,000 but less than $7,500,000
$560,000 plus 13% of excess over $5,000,000
$7,500,000 or more
$885,000 plus 14% of excess over $7,500,000
(a) 
Statement of Revenue. Each licensee shall file with the City on or before the fifteenth day of each calendar month a statement, under oath, showing the true and correct amount of gross revenue derived from the card club business, operated pursuant to licenses issued pursuant to this Article, for the operations of the preceding month. Such statement shall be accompanied by the payment of the correct amount of gross revenue license fee due and Owing in accordance with the provisions of Section 8-105. A 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).
At the end of each fiscal year, the licensee shall employ at its expense a nationally recognized firm of certified public accountants to conduct an audit of licensee's financial records in accordance with generally accepted auditing standards. Such audit shall conclude with the expression of the auditor's opinion on the financial statements of the licensee's card club operations in accordance with generally accepted auditing 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 as outlined in Section 8-96.3 of this Article. Such audit report shall be filed with the City Clerk no later than one hundred twenty days after the fiscal year end. In the event that such evaluation discloses material weaknesses or reportable conditions in the licensee's system of internal accounting and administrative controls, the licensee shall submit a program to the Administrative Officer within thirty days of such evaluation outlining licensee's program to correct such weaknesses or conditions; All reports or evaluations submitted hereunder shall be confidential and shall not be available for public inspection.
(b) 
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 fees when the same are due and payable in accordance with the provisions of this Article, shall be and constitute full and sufficient grounds for the revocation or suspension of the permits and licenses issued pursuant to this Article in the sole discretion of the City Council.
(Ord. 93-05 3-16-93; Ord. 97-19 9-2-97; Ord. 02-34 1126-02)
(1) 
As an alternative to paying the twenty-five thousand dollar ($25,000) license fee provided for in Section 8-96.4(c), and the license fee set forth in Section 8-105, licensee or lessor may elect to pay a license fee of three million twenty-five thousand dollars ($3,025,000). Said fee shall be nonrefundable regardless of the operational status of the card club. In the event licensee or lessor elects to pay the higher license fee referred to above, an alternative gross revenue license fee schedule shall apply for a period of seventy-two consecutive months after the card club begins operation. Licensee may elect any month after the card club opens as the starting month for use of this alternative license fee schedule.
(2) 
The alternative license fee schedule provided for in this Section shall be as follows:
Total Monthly Gross Revenue
Monthly License Fee
Less than $100,000
-0-
$100,000 but less than $500,000
4% of excess over $100,000
$500,000 but less than $2,500,000
$16,000 plus 9.5% of excess over $500,000
$2,500,000 but less than $5,000,000
$206,000 plus 11% of excess over $2,500,000
$5,000,000 but less than $7,500,000
$481,000 plus 12.5% of excess over $5,000,000
$7,500,000 or more
$793,500 plus 13.2% of excess over $7,500,000
(3) 
Upon completion of seventy-two months using the alternative license fee schedule provided for in subsection (2) above, then the licensee shall be eligible to use, for up to thirty-six consecutive months, the license fee schedule found in 8-105.1(3)(a) below.
(a) 
The new alternative schedule shall be as follows:
LICENSE FEE SCHEDULE "A"
Total Monthly Gross Revenue
Monthly License Fee
Less than $100,000
-0-
$100,000 but less than $500,000
4% of excess over $100,000
$500,000 but less than $2,500,000
$16,000 plus 9.5% of excess over $500,000
$2,500,000 but less than $5,000,000
$206,000 plus 12.5% of excess of over $2,500,000
$5,000,000 but less than $7,500,000
$518,500 plus 13% of excess over $5,000,000
$7,500,000 or more
$831,000 plus 13.5% of excess over $7,500,000
(b) 
In addition to such other requirements of this regulation, if City allows licensee to use LICENSE FEE SCHEDULE "A," licensee agrees, effective immediately, to comply with all of the following conditions:
1. 
Not to loan or advance any funds or assets, to partners, stockholders, directors, key management employees and/or their families or related or affiliated entities;
2. 
Not to commingle funds with partners, stockholders, directors, key management employees and/or their families or related or affiliated entities;
3. 
To design a recruitment and hiring plan with a goal of at least fifty percent of all new hires being Inglewood residents. In addition to the requirements set forth in subsection (5) below, licensee shall submit an annual report to the City Administrative Officer, or his designate, demonstrating their compliance with this plan. The plan is to be consistent with all applicable Federal, state and local laws;
4. 
To allocate at least twenty-five percent of the tax relief savings achieved by its use of Schedule "B," instead of its use of Schedule "A," to marketing and/or promotional activities. It is intended that licensee's overall marketing and promotional expenses will increase above that spent during the average recorded base period of January 1, 2002 through September 30 2002;
5. 
To include in its monthly reporting, pursuant to Section 8-105(a), its efforts to meet its requirements under items (3) and (4) above.
(c) 
In the event that licensee fails to comply with subsection (3)(b) above, the City Administrative Officer shall provide written notice of non-compliance to licensee. If licensee fails to comply within 30 days of the City Administrative Officer's written notice, then licensee will no longer be entitled to use the fee schedule found in 8-105.1(3)(a) (LICENSE FEE SCHEDULE "A").
(d) 
Upon completion of thirty-six months, or termination of its use by City, using the fee schedule provided for in 8-105.1(3)(a) (LICENSE FEE SCHEDULE "A"), then the licensee shall be permanently eligible to use the fee schedule provided for in 8-105.1(3)(e) (LICENSE FEE SCHEDULE "B") instead of the fee schedule provided for in Section 8-105.
(e) 
The new alternative schedule shall be as follows:
LICENSE FEE SCHEDULE "B"
Total Monthly Gross Revenue
Monthly License Fee
Less than $100,000
-0-
$100,000 but less than $500,000
10% of excess over $100,000
$500,000 but less than $2,500,000
$40,000 plus 11% of excess over $500,000
$2,500,000 but less than $5,000,000
$260,000 plus 12% of excess of over $2,500,000
$5,000,000 but less than $7,500,000
$560,000 plus 12.5% of excess over $5,000,000
$7,500,000 or more
$872,500 plus 13.2% of excess over $7,500,000
(4) 
Any license fee which a licensee may elect to pay under this Article may be paid by the lessor of a card club site in full satisfaction of any license fee otherwise required to be paid by the licensee under Sections 8-96.4(c), 8-105 or 8-105.1. Any amounts previously paid by a licensee under such sections shall be credited against the payment made by the lessor. In the event lessor shall have paid the alternative three million twenty-five thousand dollar ($3,025,000.00) license fee provided by this schedule, the licensee, as well as any subsequent licensee who leases the card club from lessor and the lessor or its affiliates if it shall thereafter operate the card club directly, shall be entitled to utilize the alternative license schedules provided in Section 8-105.1 and shall not be required to pay the license fees set forth in Section 8-96.4(c) or Section 8-105. The payment of the alternative three million twenty-five thousand dollar ($3,025,000.00) license fee by lessor shall not mean that lessor is an owner or operator of the card club for any purpose whatsoever.
(Ord. 93-05 3-16-93; Ord. 93-31 12-28-93; Ord. 94-06 3-22-94; Ord. 02-34 11-26-02)
(1) 
Each licensed establishment shall make and maintain complete, accurate and legible records of all transactions pertaining to revenue subject to taxes and fees imposed by this Article. 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 disbursements 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 twelve-month fiscal years and shall be maintained on the premises of the licensed card club and made available for examination and copying by the City or its designee, except there is no obligation to retain bar and restaurant patron tickets.
(2) 
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.
(3) 
In addition to such other information and data required by this regulation, each licensed establishment shall maintain the following:
(a) 
If a partnership or corporation:
(1) 
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;
(2) 
A record of the withdrawals or distributions of funds or assets, to partners or stockholders;
(3) 
A record of salaries paid to each partner, stockholder and key management employees;
(4) 
A copy of the partnership or corporate agreement, certificate of limited partnership and accurate corporate stock transfer book, if applicable;
(5) 
Copies of any and all public filings required by the Securities Exchange Commission.
(b) 
If a sole proprietorship:
(1) 
A schedule showing the name and address of the proprietor and the amount and date of his original investment;
(2) 
A record of subsequent additions thereto and withdrawals therefrom.
(c) 
The records required to be kept by this regulation shall be in ink or any other permanent form of recordation.
(Ord. 93-05 3-16-93)
(1) 
Notwithstanding the audit requirements specified in Section 8-105 of this Article, the licensee shall allow the Administrative Officer or his designee unrestricted access to all books, records and facilities pertaining to the card club, including, but not limited to, cash-counting rooms. Any information obtained pursuant to this Section or any statement filed by the licensees or permittees 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 Article. It shall be the duty of the Administrative Officer 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 Article or pursuant to the order of any court of competent jurisdiction.
(2) 
Any failure or refusal of any permittee or licensee to make and file any statement as required 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 Article shall be and constitute 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 City Council.
(Ord. 93-05 3-16-93; Ord. 97-19 9-2-97)
The City Council may from time to time enact rules and regulations governing the operation of card clubs and the activity conducted in card clubs by patrons. All such rules and regulations shall be enacted by Council Resolution and shall be given to all licensees concurrently with or prior to the effective date.
Unless modified, supplemented or abrogated by later action of the City Council, the following rules and regulations shall govern all card licenses to be issued:
Rule No. 1. Acceptance of a permit or license issued under the provisions of this Article shall be deemed to be acceptance of and agreement to be bound by and observe each and all of the terms, conditions and provisions of this Article and of the rules and regulations established thereby relating to such permits and licenses.
Rule No. 2. No permittee, licensee or other individual in charge or control thereof shall use, operate or permit the use or operation of more tables or units than those for which licensee holds then current and valid authorization to operate or use in the City and for which the prescribed license fee has been paid to the City.
Rule No. 2.1. The maximum gambling tables authorized in the card club is two hundred, including temporary tables used for gambling tournaments.
Rule No. 3. No permittee, licensee or other individual in charge or control of any card club operating under any license held or issued pursuant to the provisions of this Article shall operate or use any table or unit or manage, conduct or carry on any business or activity authorized by this Article during any time that such license or permit issued by the City has been or is suspended or revoked.
Rule No. 4. Each and all of the games conducted or operated in the City pursuant to the provisions of this Article shall be conducted and operated in full conformity with, and subject to, all the provisions of the laws of the State and of the City.
Rule No. 5. No permittee or licensee holding a permit or license pursuant to the provisions of this Article, and no agent, representative or employee of the licensee and no other person in charge or control of any such licensed premises, game or authority shall:
(1)
Permit or allow any person under the age of twenty-one years to play any of the games authorized by the card club license;
(2)
Permit or allow any person under the age of twenty-one years shall be restricted from gambling areas as set forth in California Business and Professions Code Section 19921;
(3)
Permit or allow the playing of any card games other than those specifically authorized by the card club license or permit any form of unlawful gambling to occur anywhere on the card club premises;
(4)
Permit or allow any person other than players and card club employees holding valid registration cards in the card playing area. Spectators and those waiting to play shall be excluded from the card playing area in a manner acceptable to the Chief of Police;
(5)
Wagering limits shall be posted in open and visible areas immediately surrounding the gaming areas. All posted signs stating the wagering limits shall specifically advise patrons of house and table wagering limits by stating the exact amounts of such limits.
Rule No. 6. It shall be unlawful for any individual player or other unauthorized person to enter any secure areas within the premises or for any operator, agent or employee of any duly licensed card club to permit any player or unauthorized person to enter any secure areas within the card club premises.
Rule No. 7. The card club, including the entire premises, shall be open for inspection during all hours to the Chief of Police, or his duly authorized representatives, without a search warrant.
Rule No. 8. The playing of all games provided for in this Article shall be confined to designated card playing areas. No card gambling shall be permitted in any restaurant or lounge.
Rule No. 9. The City Council may by resolution establish a minimum table rental fee schedule for all permitted games.
Rule No. 10. All card playing areas shall be accessible at all times to law enforcement officers and officials designated by the City. Subject to the foregoing, licensee may designate certain areas or rooms as open only to players and their guests for tournaments, charity events and other special private games.
Rule No. 11. All players financed either in whole or in part by the house may be required to wear an insignia or identifying badge if deemed necessary by the Chief of Police.
Rule No. 12.
(a)
For the purposes of this Article and rule, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary:
(1)
"Blind cut" or "false cut" shall mean a maneuver which appears to cut the deck, but does not in fact do so.
(2)
"Blind shuffle" shall mean to false shuffle or to give the deceptive impression of intermixing playing cards, while actually retaining that same sequence of all or a group of cards.
(3)
"Burn" is a discard in accordance with the rules of the game, made before the draw when playing draw poker.
(4)
"Capping the deck" shall mean to place cards onto the top of the deck.
(5)
"Cheating" shall mean, in addition to those acts defined herein, any and all undefined acts of fraud, misrepresentation, dishonesty, false pretense, use of device or manipulation of card, done with the purpose of defrauding or gaining an unfair advantage over another player whether or not an actual advantage is gained.
(6)
"Cooler" shall mean a deck of cards, secretly prearranged in a known sequence or marked to be substituted for the deck in play.
(7)
"Daubing" shall mean to mark cards by applying a faintly visible substance to the back of the cards.
(8)
"Second dealing" or "seconds" shall mean to deal a card which is second from the top of the deck.
(9)
"Hand mucking" shall mean the surreptitious switching of cards from those that are dealt to a player.
(10)
"Hold-out" shall mean a mechanical device used for the purpose of surreptitiously switching or retaining cards.
(11)
"Hopping the cut" shall mean to surreptitiously nullify the cutting of the deck.
(12)
"Middle dealing" shall mean to deal a card from the center of the deck.
(13)
"Playing partners" shall mean any scheme or action in which two or more players act in concert to communicate information or to otherwise act for the purpose of defrauding or gaining an unfair advantage over another player, whether or not an actual advantage is gained.
(14)
"Punching" shall mean to mark the back of the cards by creating a dimple or indentation thereon.
(15)
"Roughing fluid" shall mean a liquid chemical applied to the back of the cards for the purpose of marking them by roughening the surface.
(16)
"Run-up" or "stacking" or "stocking" shall mean to shuffle the cards in such a fashion as to surreptitiously arrange the sequence to known cards.
(17)
"Sanding" shall mean to mark cards by applying an abrasive substance to the cards.
(18)
"Shiner" shall mean a mirror or other reflecting device used for the purpose of enabling a player to see cards which the player is not entitled to see under the rules of the game being played.
(19)
"Slick sleeve" or "mohair sleeve" shall mean long sleeve on a clothing garment to assist in holding out playing card.
(20)
"Slug" shall mean a group of cards.
(21)
"Transmitter" shall mean an electronic or radio device used for the purpose of transmitting signals information to another player, who receives such signals or information by use of a "receiver."
(22)
"White flash" shall mean a form of daubing whereby a chemical is used to create a "white on white" marking on the back of the cards.
(b)
No cheating shall be permitted or tolerated by any licensee, permittee or employee. All provable cases of cheating shall be reported to the appropriate law enforcement authorities and the licensee shall cooperate fully in the prosecution of all individuals who are criminally charged with cheating in the licensed establishment. Cheating devices shall be confiscated and shall not be returned to the individual or persons using or bringing such devices onto the premises whether or not the offender is arrested or prosecuted. Permitting or tolerating cheating shall be grounds for immediate suspension or revocation of card club license or imposition of additional conditions.
(c)
It shall be unlawful for any individual as a player or dealer to deal, draw, distribute or burn any playing cards other than the top card of the deck. The "top card" is defined as the uppermost face down card of a face down deck. It shall, therefore, be unlawful to deal or cause to be dealt what is known as a second, bottom or to engage in Greek dealing or middle dealing.
(d)
It shall be unlawful for any individual as a player, dealer, employee or agent to shuffle or cause to be shuffled any playing cards that are to be used or are being used in a licensed card game, other than in a random manner. It shall be unlawful to predetermine, or to prearrange the sequence of playing cards by value or suit, or to retain or hold back a card or cards either individually, or as a group or slug as an effort to circumvent a random mixing of the playing cards. Any blind shuffle, run-up, stacking or stocking of the deck to gain an unfair advantage in play, whether or not an advantage is gained, is unlawful.
(e)
It shall be unlawful for any patron or any other person not a permittee or licensee to bring cards into a card club. It shall be unlawful for any person other than a permittee, licensee, authorized employee or a patron then playing cards to have playing cards in his or her possession while in a card club. It shall be unlawful for any person in a card club other than on-duty employees with valid registration cards to have playing cards in his or her possession outside of a designated card playing area. Nothing herein shall apply to punched or otherwise destroyed or mutilated cards or any souvenir or designer decks that could not be misconstrued as playing cards used in the card playing area.
(f)
It shall be unlawful for any player or dealer to palm, hold-out or conceal any card or cards during a card game whether by sleight of hand, mechanical apparatus, or by clothing such as a slick sleeve. It shall also be unlawful for any individual, player or dealer to switch, exchange or cause to be exchanged any playing card, or cards, as a means of deception. The deceptive practices known as hand mucking, capping the deck, introducing additional cards into a game, or switching the deck with a "cooler" are prohibited.
(g)
It shall be unlawful for any individual to use any technique in a card game, designed to accomplish a "blind" or false cut, or to use a fraudulent technique to nullify a cut once performed by a player, or to influence or indicate to another individual to cut the deck at a specific location.
(h)
It shall be unlawful for any individual, player or dealer to deliberately mark or alter any card or cards when there is a likelihood that such cards will be used in a licensed game, or when such cards are in play. It shall be unlawful to knowingly use any altered or marked cards in a card game. "Marking and altering" as used herein include sanding, daubing, white flash, white on white, punching, adding to, removing from or blocking out, the existing design whether on the face, backside or edge of any card or cards. Any deliberate crimping, warping, bending, cutting, trimming, shaving or alteration by any means that would or may cause an advantage for any player over other players, whether or not such advantage is gained, is unlawful.
(i)
It shall be unlawful for any individual to use any mechanical or electrical apparatus or other device so as to gain any advantage or to gain information that would enable a player or dealer to deceive others. Such devices include, but are not limited to, hold-outs, table bugs, shiners, transmitters, receivers, punches, chemical solutions, shading, roughing fluids, inks or dyes.
(j)
It shall be unlawful for any individual to play partners or to knowingly aid or abet another in any cheating action prohibited by this Article.
(k)
It shall be unlawful for any individual or group to use any of the cheating techniques prohibited by this Article, or to cheat in any manner whatever, whether or not such techniques are specifically defined or are successful. The licensee or management shall immediately notify the Police Department upon the detection of any individuals suspected of cheating.
(l)
It shall be the responsibility of the licensee, management and their employees to fully cooperate with card game surveillance and protection personnel in the detection, apprehension and identification of those individuals involved in cheating or fraudulent practices. Management shall retain and deliver to the Police Department as evidence in arrests or detention all playing cards and implements suspected of involvement in cheating. Management shall cooperate with card club surveillance personnel whether provided by a Governmental policing agency, a city-contracted service, city-administered or licensee-assigned.
(m)
The Police Department, upon being notified by card room personnel or game surveillance personnel that an individual or individuals are being detained for cheating at play, shall respond to the card room. The Police Department shall ascertain the identity of those involved in the cheating, the circumstances involved and decide what police action, if any, is deemed appropriate. The Police Department shall assist as legally required in any citizen's arrest.
(n)
The licensee shall cause these rules to be reproduced and available in the licensed premises.
Rule 13. The hours of operation shall be twenty-four hours per day, seven days per week. Signs indicating the hours of operation shall be prominently posted on the walls near the main entrances to and exits from the casino and near the gambling areas of the card club.
(Ord. 93-31 12-28-93; Ord. 93-05 3-16-93; Ord. 98-13 6-30-98; Ord. 06-05 4-18-06)
It shall be unlawful for any permittee, licensee or other person to violate any of the rules or regulations set forth in this Article.
(Ord. 93-05 3-16-93)
The City Council further reserves the right to adopt by resolution additional emergency rules and regulations which shall become effective immediately upon adoption, and the violation of any such emergency rules and regulations may constitute grounds for the suspension and revocation of the permits and licenses issued pursuant to the provisions of this Article.
(Ord. 93-05 3-16-93)
(a) 
A licensee or card club may exclude or eject from the premises of the card club any person who is reasonably suspected of or who is engaged in or has been convicted of bookmaking, loan sharking, sale of controlled substances, illegal gambling activities, cheating, prostitution or whose presence in or about such card club would be inimical to the interest of legitimate gaming.
Pursuant to any investigation of a violation of this Section, the licensee or card club may detain any person on its premises and request that that person present themselves at the security office of the card club.
To be reasonably suspected of violating this Section, the licensee or card club must show by direct or circumstantial evidence, knowledge of such a violation or reasonable belief that such violation is about to occur.
The licensee or card club may temporarily exclude or eject any person during the pendency of an investigation by the licensee or card club regarding a violation of this Section, provided, however, that said investigation and temporary exclusion shall run no longer than 90 days from the date of exclusion.
(b) 
As used in this Section, the following items shall be deemed to be inimical to the interests of legitimate gaming. These items are in no way meant to be exhaustive:
(1) 
Violation of any card club rule;
(2) 
Violation of any law or ordinance;
(3) 
Behavior that would indicate that the person is under the influence of a drug, narcotic or alcohol;
(4) 
Loud, boisterous or other disruptive behavior;
(5) 
Swearing or using profane language;
(6) 
Failure to abide by instructions or orders of licensee's employees, agents or management personnel, issued pursuant to state or city laws or rules of the card club;
(7) 
Loitering;
(8) 
Panhandling.
No person shall be excluded or ejected on the grounds of race, color, creed or sex.
(Ord. 93-31 12-28-93)
(a) 
Unlawful Locations. It shall be unlawful for any individual to play, or permit the playing of, any game regulated or referred to by the provisions of this Article at any place within the City, except a place operated under a license held or issued pursuant to the provisions of this Article, and operated, owned, controlled and directed by pointholder and key management employees issued permits pursuant to the provisions of this Article.
(b) 
Unlawful Games. The only lawful games permitted are draw poker, low ball poker and panguingue and such other games not made unlawful by state law, played on the premises of duly licensed card clubs and permitted by their license.
(c) 
Unlawful Interests. It shall be unlawful for any City employee or City official to directly or indirectly own, operate or have any interest, legal or equitable, in any card club or card club license. It shall be unlawful for any City employee or City official to directly or indirectly conduct business with or be employed in any manner whatever by a card club or card club licensee.
For purposes of this Section 8-107, indirect performance of any prohibited act shall include but not be limited to the performance of such prohibited act by the spouse or other person related by blood or marriage to any party prohibited from directly performing such act.
For purposes of this Section 8-107, the term "conduct business" shall include but not be limited to the provision of loans or any other form of financing, sale or lease of any real or personal property, and the provision of any services, supplies, goods or other materials, but shall not include the conduct of business as a patron or customer in a manner available to the general public.
(Ord. 93-05 3-16-93)
Any individual violating any of the provisions of this Article or any of the rules and regulations set forth, established or promulgated in this Article shall be guilty of a misdemeanor.
(Ord. 93-05 3-16-93)
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Article are severable, and if any phrase, clause, sentence, paragraph or section of this Article shall be declared invalid by the valid judgment or decree of a court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Article.
(Ord. 93-05 3-16-93)