As used in this chapter, the following words, phrases, and terms
shall have the following meanings:
means the individual, sole proprietorship, partnership, business,
corporation, limited liability company, trust or officer, partner
or director thereof applying for or otherwise seeking to operate a
gambling club pursuant to this chapter.
means the California Gambling Control Board.
means the chief of police of the city of San Bruno or his
or her designee, who shall be a peace officer pursuant to California
Penal Code Section 830 et seq.
means the city of San Bruno, California.
means the California Gambling Control Commission.
shall include the terms "operated," "engaged in," "allowed,"
"permitted" and "suffered" within its meaning.
means a plea or verdict of guilty or a conviction following
a plea of nolo contendere. The record of conviction of the crime shall
be conclusive evidence of the fact that the conviction occurred, but
only of that fact, and the chief of police may inquire into the circumstances
surrounding the commission of the crime for purposes of applying the
provisions of this chapter.
means an employee who shall have the responsibility for the
operation of the gambling club in the absence of a manager or the
licensee himself or herself except that no employee other than a manager
shall have the power to perform, or shall actually perform, the four
specific duties set forth in subsection S of this section.
means the Division of Gambling Control of the Department
of Justice of the state of California.
means any natural person employed in the operation of a gaming
club including, without limitation, dealers, floormen, security employees,
account room personnel, cage personnel, collection personnel, surveillance
personnel, data processing personnel, appropriate maintenance personnel,
waiters and waitresses, and secretaries or any other natural person
whose employment duties require or authorize access to restricted
gaming establishment areas.
means any direct or indirect interest in the management,
operation, ownership, profits or revenue (gross or net) of a gambling
club. A "direct financial interest" means a monetary investment in
a gambling club or the premises and business enterprises directly
related to it. An "indirect financial interest" means owning one percent
or more of any entity, i.e., any business, corporation, limited liability
company, partnership or trust, that in turn has a direct financial
interest in a gambling club. The following are examples of indirect
financial interests:
The stock or other securities of a corporation that owns a gambling
club;
A partnership interest in a partnership that owns a gambling
club;
A membership interest in a limited liability company that owns
a gambling club;
The interests of either or both the income beneficiaries or
remaindermen of a revocable or irrevocable trust that owns a gambling
club or holds a financial interest in one;
Any lease or other rental agreement with a gambling club as
a lessee or renter, the rental for which is based in any part on the
profits or revenue (gross or net) of the gambling club;
Any loan made by a private lender to a gambling club;
Any other interest in the management, operation, profit, revenue
(gross or net) of a gambling club.
means any establishment where legal gambling or gaming is
conducted or licensed and regulated pursuant to this chapter, specifically
including any business or other enterprise that conducts or operates
legal gambling or gaming. "Gambling club" does not include any facility
operated by a bona fide exempt organization as defined by this chapter.
means an employee engaged, financed, or paid by the licensee
for the purpose of starting and/or maintaining a sufficient number
of players in a card game.
means any person other than an employee who does either of
the following:
Approves or grants the extension of gambling credit on behalf
of a gambling licensee or collects debt evidenced by a credit instrument;
Contracts with an owner licensee, or an affiliate thereof, to
provide services consisting of arranging transportation or lodging
for guests at a gambling establishment.
means any member, stockholder, officer, director, partner,
principal, associate, individual, trustee, or combination thereof
holding any financial interest in a licensee, or who has the power
to exercise influence over the operation of a gambling club or a licensee.
means any card or other game except for bingo, played for currency, check, credit or any other thing of value which is not prohibited and made unlawful by Chapter 9 (commencing with Section 319) or Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of the Penal Code, or otherwise prohibited by any ordinance of the city of San Bruno.
means the authorization pursuant to this chapter to operate
a gambling club.
means the individual or entity that owns a gambling club
and to whom a license to operate a gambling club has been issued by
the city.
means anyone who represents the interest of the licensee
in the operation of a gambling club, whose duties include, but may
not be limited to:
The making or changing of policy;
Approving credit;
Hiring or firing of employees; or
Generally exercising independent judgment in the operation of
the gambling club. A manager need not have a financial interest in
the gambling club.
|
A manager must be an employee of the licensee, or if not an
employee, then a person having a financial interest as a partner,
a shareholder, member or trustee of the gambling club (but not otherwise).
|
means an act that grossly violates moral sentiment or accepted
moral standards of the community.
means a structured criminal syndicate composed of professional
criminals who primarily rely on unlawful activity as a way of life.
shall be any one or more of a group consisting of a licensee
and the spouse on July 1, 1987, child or any descendant (either natural
or adopted while a minor), brother, sister, or parent of any licensee
or qualified transferor. A "permitted transferee of a license" shall
also include:
Any custodian under the California Uniform Gift to Minors Act,
executor, administrator (an administrator with the will annexed),
conservator or guardian of a licensee or of a permitted transferee
of a license; and
Any trustee of a living or testamentary trust, revocable or
irrevocable, established at any time by a licensee or qualified transferor
for the exclusive benefit of a licensee and or any one or more of
any permitted transferees as above. Any acting custodian or fiduciary
shall be a permitted transferee, subject to approval by the chief
of police.
means any person other than a state or federally regulated
bank or savings and loan association, a credit union, any other recognized
financial institution doing business with the public, that has loaned
or advanced, or is obligated to loan or advance money to a gambling
club if either the payment of interest or principal of such loan is
based in any part on the profits or revenue (gross or net) of the
gambling club, or by virtue of the loan, such person has the power
to exercise influence over the operation of a gambling club.
shall mean:
is any person who has filed an application under the Gaming
Control Act of California (California Business and Professions Code
Section 19800 et seq.), hereafter "Gaming Registration Act."
shall mean the assignment, bequest, conveyance, demise, devise,
gift, grant, lease, loan, sublease or transfer of a financial interest
in a gambling club.
shall mean the assignment, bequest, conveyance, demise, devise,
gift, grant, lease, loan, sublease or transfer of a gambling club
license.
|
References within this chapter to specific California statutory
provisions shall be construed to mean those statutory provisions in
effect at the time of adoption of this chapter, those statutory provisions
as amended from time to time, or successor provisions to those statutory
provisions.
|
(Ord. 1598 § 2, 1998; Ord. 1689 § 1, 2004; Ord. 1878 § 4, 2020)
A.
It is
the stated purpose of this chapter to regulate gambling clubs in the
city of San Bruno concurrently with the state of California, and to
impose local controls and conditions upon gambling clubs as permitted
in the "Gambling Control Act" as codified in Division 8, Chapter 5
of the California Business and Professions Code. All such references
in this chapter to the Gambling Control Act are to Division 8, Chapter
5 of the California Business and Professions Code, and any such amendments
to that chapter.
B.
The
licensing of any corporation, individual, limited liability company,
partnership or other entity under the Gambling Control Act does not
entitle such state licensee to any license or entitlement under this
chapter without complying with licensing requirements of this chapter.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
No person
shall own or operate a gambling club without first obtaining a valid,
unexpired, and unrevoked gambling club license issued pursuant to
the provisions of this chapter.
B.
A business
establishment open to the public which has no gambling license shall
not operate a gambling club, or conduct legal gambling, or permit
legal gambling to be conducted in its establishment, whether or not
a fee or other charge is made to the players.
C.
An applicant
for a gambling club license may be an individual, a corporation, a
limited liability company, an exempt organization, a joint venture,
a partnership, a trust (revocable or irrevocable) or other legal entity.
A licensee shall have the only direct financial interest in the license
and in the gambling club that the licensee operates, although persons
other than the applicant may have indirect financial interests in
a licensee.
D.
The
provisions of this chapter shall not be applicable to any bingo game
which is conducted in the city pursuant to Section 326.5 of the Penal
Code.
E.
A gambling
club license shall only be issued to a gambling club applicant which
holds a gambling club license issued under the Gambling Control Act.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
An applicant
for a gambling club license to be issued under this chapter shall
submit a completed application, under penalty of perjury, to the chief
of police on a form provided by the city.
B.
Each
applicant shall provide such other information as the chief of police
may deem necessary and appropriate.
C.
Each
applicant shall pay a nonrefundable fee, in an amount established
by resolution of the city council, to defray the costs of investigation
of the applicant.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
The
city council finds and declares as follows:
1.
There
is presently one gambling club licensed to operate within the city.
2.
Due
to social problems inherent in legal gambling activities, the number
of gambling clubs should be limited for the welfare of the community.
3.
Sixty
gambling tables are authorized to operate within the city.
4.
The
provisions of this chapter comport with the requirements of the Gambling
Control Act, and specifically, Business and Professions Code Section
19960.
B.
There
shall be one licensed gambling club permitted to operate in the city.
The maximum number of gambling tables allowed to operate in that club
shall be sixty, provided that upon application to and approval by
the chief of police, the gambling club may be permitted to operate
additional tables on a temporary basis for tournaments, if permissible
under state law and city business license taxes are paid to the city
on a pro rata basis.
C.
No application for a gambling club license shall be accepted for filing when the maximum number of licenses authorized pursuant to subsection B has been issued and is in effect. There shall be no waiting lists or priorities for persons desiring to file such applications under such circumstances.
D.
Any
person interested in obtaining a gambling club license at such time
as one is available may file a written request with the city clerk
for written notice as to when the applications will be accepted for
filing. Such written requests shall be valid and in force for a period
of one year from the date of their filing, and they may be refiled.
E.
Whenever the number of gambling club licenses issued and in effect is less than the number authorized by subsection B, the city clerk shall so advise the city council. Upon authorization from the city council, the city clerk shall cause to be published in a newspaper of general circulation in the city a statement that the city is accepting declarations of intent to apply for a gambling club license for a period of sixty calendar days from the date of publication of the statement. The statement shall indicate that such declarations of intent must include the name, address, and telephone number of the declarant, the last day for filing declarations, and the place at which declarations may be filed. The city clerk shall cause such statement to be mailed by first class mail to all persons with currently valid written requests for the same pursuant to subsection D.
F.
No application for a gambling club license shall be considered unless the applicant shall have filed a declaration of intent to apply for a gambling club license within sixty calendar days of the publication of the statement pursuant to subsection E. No such application shall be received or considered except pursuant to subsection E.
G.
When
the period for filing declarations of intent to apply for a gambling
license has expired, and the number of declarations on file with the
city clerk exceeds the number of gambling club licenses authorized
to be granted, the city clerk shall select by lot one of the declarations
and shall notify the declarant by telephone and by first-class mail
of such selection. The city clerk shall also notify the chief of police
of the declarant selected. If the declarant does not file an application
for a gambling club license within fifteen city business days of the
date of mailed notice the declarant shall have waived his or her right
to file such application, and the city clerk shall select by lot another
declaration, and the above-mentioned process shall again be undertaken.
H.
If an
application for a gambling club license is duly filed, processed,
and granted by the chief of police, and the granting thereof results
in the maximum number of licenses authorized having been issued, no
further declarations or applications shall be processed. If the application
is denied, or if the application is granted and the granting thereof
does not result in the maximum number of licenses authorized having
been issued, the city clerk shall select another declaration for processing
by lot, and any further processing of declarations or applications
shall depend upon whether any additional authorized licenses still
exist.
(Ord. 1598 § 2, 1998; Ord. 1712 § 1, 2006; Ord. 1878 § 4, 2020)
A.
The
chief of police shall review each application to determine whether
it contains all of the required information.
B.
If the
application does not contain all of the information required, the
chief of police shall either return it to the applicant for completion
or withdrawal or reasonably extend the time for completion.
C.
The
chief of police shall investigate the applicant, all present and proposed
managers and designated responsible employees of the applicant; each
person who has a financial interest in the proposed applicant, gambling
club, or premises to be used; and the manner in which the gambling
club is proposed to be operated.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
The chief of police shall deny the application for a gambling
club license if he or she makes any of the following determinations:
A.
That
the applicant is under the age of twenty-one years, but only if failure
to attain such age constitutes a ground for denial of an application
for a license under the Gambling Control Act;
B.
That
the applicant has been convicted for any crime punishable as a felony;
C.
That
the applicant has been convicted for any misdemeanor involving dishonesty
or moral turpitude within the ten-year period immediately preceding
the submission of the application, unless the applicant has been granted
relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the Penal
Code;
D.
That
the applicant associates with criminal profiteering activity or organized
crime, as defined by Section 186.2 of the Penal Code;
E.
That
the applicant has engaged in contumacious defiance 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 Penal Code;
F.
That
the applicant has any financial or other interest in any business
or organization outside the state of California which is engaged in
any form of gambling or gaming not authorized by the laws of this
state.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
The chief of police may deny the application for a gambling
club license if he or she makes any of the following determinations:
A.
That
the establishment of a gambling club in the proposed premises would
violate the zoning, fire, building, or other regulations of the city,
or other applicable laws or regulations;
B.
That
the applicant, or any present or proposed manager or designated responsible
employee of the applicant, or any person who has a financial interest
in the applicant:
1.
Made
a false statement of a material matter in an application for a gambling
license filed under the Gambling Control Act or in any application
made to obtain a license hereunder,
2.
Has
engaged in bookmaking or other illegal gambling activities, any offense
involving gambling specified in Sections 319—337.9 of the California
Penal Code, or has been convicted of an offense involving such activities,
3.
Lacks
the financial stability, or capability, or business experience to
operate a gambling club in a manner which would adequately protect
to operate or sustain a cardroom which will meet specified city standards,
4.
Fails
to satisfy the chief of police as to the source of funds to be invested
in the proposed venture,
5.
Has
engaged in unlawful activity in relation to, or has a history of disturbances
constituting a nuisance stemming from operation of a nightclub, bar,
gambling club, lounge, or other similar entertainment establishment,
6.
Fails
to produce sufficient evidence of adequate financing available to
pay current and potential obligations and, in addition, to finance
opening of the proposed gambling club,
7.
Provides
an inadequate security plan,
8.
Proposes
a location for the proposed card club in an area not authorized by
this chapter, the city's zoning ordinance or by the city's community
and economic development director, or
9.
Has
been convicted of a crime punishable as a felony and reduced to a
misdemeanor pursuant to Section 17 of the California Penal Code or
comparable statutory provision of another state or country; or has
been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45
of the California Penal Code or comparable statutory provision of
another state or country;
C.
That
the applicant, or any present or proposed manager or designated responsible
employee of the applicant, or any person who has a financial interest
in the applicant within ten years immediately preceding the filing
of the application has engaged in conduct constituting, or has been
convicted of, any of the following offenses:
1.
Any
offense specified in Sections 266(i), 315, 316, 318, or subdivision
(b) of Section 647 of the California Penal Code,
2.
Any
offense which requires registration as a sex offender under Section
290 of the California Penal Code,
3.
Any
offense in another state or country, which, if committed in this state,
would have been punishable as one or more of the foregoing offenses,
4.
Any
offense involving the use of force or violence upon the person of
another,
5.
Any
offense involving theft, embezzlement, or moral turpitude,
6.
Any
offense which relates directly to the operation of a gambling club;
D.
That
the applicant, or any present or proposed manager or designated responsible
employee of the applicant, or any person who has a financial interest
in the applicant has done any act involving dishonesty, moral turpitude,
fraud, or deceit with the intent to substantially benefit himself
or herself or another, or substantially injure another;
E.
That
the applicant has failed to comply with one or more provisions of
this chapter, or of this code, or other laws or regulations applicable
to the premises, equipment, ownership or operation of the proposed
gambling club of the applicant;
F.
That
the applicant has knowingly made one or more false statements in his
or her application;
G.
That
the issuance of the proposed license would violate an applicable provision
of this chapter;
H.
That
the applicant, or any present or proposed manager or designated responsible
employee of the applicant, or any person who has a financial interest
in the applicant is engaged in organized crime, or has substantial,
regular or continuous personal, professional or financial associations
with one or more persons engaged in organized crime;
I.
In conducting
any review of an application hereunder, the chief of police shall
gather all evidence relevant to the review and may issue subpoenas
for the appearance of witnesses and the production of documents and
other evidence. If an applicant or a person having a financial interest
in the gambling club of the applicant or proposed manager or designated
responsible employee shall not respond to a subpoena directed to such
person for a personal appearance or the production of documents, prima
facie grounds shall exist for the denial of the application. The determinations
of the chief of police shall be valid if supported by a preponderance
of the evidence;
J.
The
applicant refuses to provide consent to allow use of information contained
in investigations where consideration of an offense was deferred pursuant
to California Penal Code Section 1000.4 or comparable statutory provision
of another state or country.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
Prior to commencement of any gambling club business, and prior
to its continuation beyond the calendar quarter in which it is operating,
the applicable business license tax for gambling clubs shall be paid
pursuant to Title 3 of this code.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
Except
as otherwise provided in this section, no transfer or assignment of
any gambling club license issued by the city, nor stock in any licensed
corporation, nor interest in any licensed partnership or limited liability
company, nor beneficial or remainderman interest in any licensed trust
nor any direct or indirect financial interest in a gambling club,
will be permitted for any reason.
The precluded transfers of a gambling club license include the
sale, assignment, transfer or conveyance of any interest in a license
or of any corporate licensee, or any right or interest therein or
thereunder, nor is transfer or assignment permitted to occur by operation
by law, testamentary or intestate succession, trust relationship,
bankruptcy proceedings, contractual relationship, reclamation or repossession.
B.
A qualified transferor may transfer a gambling club license, the stock of a corporate licensee, a membership interest in a limited liability company licensee, a partnership interest in a partnership license to a permitted transferee of a license, and only to a permitted transferee of a license, provided that such permitted transferee of a license is registered with the chief of police pursuant to subsections C and D below.
C.
Each
licensee shall maintain with the chief of police a listing of all
eligible permitted transferees of a gambling club license who are
not holders of such license, or any partial interest in such license.
Such listing shall include the name, relationship, Social Security
number, and supporting documentation attesting to and/or verifying
the relationship of the individual to the licensee, as well as such
other information that the chief of police deems necessary.
D.
To obtain permission for a transfer hereunder, the transferor and transferee shall file an application for transfer, similar to the application for a license, with the chief of police, paying a nonrefundable transfer fee, in an amount established by resolution of the city council, and shall obtain the approval of the chief of police to the transfer. The chief of police shall deny the application if he or she determines that the proposed transferee is unqualified under Section 4.36.060. The chief of police may deny the application if he or she determines that the proposed transferee has:
1.
Engaged in conduct constituting or has been convicted of any of the offenses, crimes, activities prescribed in Section 4.36.065;
2.
Failed
to file with the application a complete copy of the application for
license (and exhibits) filed by the transferee under the Gambling
Control Act, and a copy of the current license issued to the transferee
pursuant to the Gambling Control Act, each of which shall be declared
by the applicant under penalty of perjury to be a complete copy;
3.
Has
failed to comply with one or more provisions of this chapter, or this
code, or other laws or regulations applicable to the premises, equipment,
or operation of the gambling club for which the transfer of license
or financial interest therein is requested;
4.
Has
knowingly made one or more false statements in the application.
|
All determinations of the chief of police made pursuant to this
subsection shall be valid if supported by a preponderance of the evidence.
|
E.
In the
case of an interfamily transfer only, a qualified transferor may transfer
a gambling club license, the stock of a corporate licensee, a membership
interest in a limited liability company, and a partnership interest
in a partnership license to a permitted transferee of a license, and
only to a permitted transferee of license.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
The location of a gambling club in existence as of July 13,
1998 is deemed approved for purposes of this chapter. Any subsequent
change in location of a gambling club shall be approved by the chief
of police, and shall comply with the Zoning Ordinance of the city
of San Bruno and meet the requirements of this chapter.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
The chief of police may from time to time enact rules and regulations to effectuate the purposes of this chapter. A party aggrieved by a rule or regulation promulgated by the chief of police may appeal such action to the city council in accordance with the provisions of Section 4.36.150 of this chapter.
It is unlawful to operate a gambling club in violation of any
of the following regulations:
A.
Physical
Arrangements.
1.
Not
more than one gambling club shall be located at one address.
2.
No
establishment licensed as a gambling club shall use, operate, maintain,
or permit the use or operation of more gambling tables than those
authorized by the city for a licensee to operate and for which the
prescribed license fee has been paid to the city. All gambling activity
shall be restricted to the areas of a gambling club which have been
authorized in the conditions of the license issued by the chief of
police. Any change in conditions as to the physical location of any
gambling activity within any gambling club must be approved by the
chief of police.
3.
The
physical arrangements of the gambling area and parking lots of a gambling
club shall meet the requirements and specifications determined necessary
by the chief of police for the security and safety of citizens, patrons,
and police officers.
4.
During
all hours of operation the outside doors to the gambling club and
the main doors to the gambling rooms must be unlocked and accessible
to the general public.
5.
Licensees
may conduct operations up to twenty-four hours a day, seven days a
week.
6.
No
legal games may be conducted in the same building or on the same premises
where any bingo game is conducted, whether the bingo games are for
profit or not.
7.
The
legal gambling areas of the gambling club shall be separated from
other activities on the premises.
8.
Any
part and all of the gambling club shall be open to police inspection
during all hours of operation.
9.
Unless
otherwise authorized by the chief of police based upon a finding of
necessity because of the rules relating to a particular game, a maximum
of ten hands may be dealt at any one table. The maximum number of
persons who may participate in play at a table may be limited by the
licensee consistent with the provisions of this chapter, provided
that in any event, the number of persons present in any gambling room
shall not exceed the occupant load as otherwise prescribed by law.
B.
Operations
Procedures. No licensee, agent, or employee of a licensee, or a person
to whom a work permit has been issued or for whom one is required
shall:
1.
Allow
or permit money to be used as ante or bet in any legal game in any
gambling club. Anteing or betting shall be done by using tokens, chips,
or other representatives of money;
2.
Offer
or give or permit to be offered or given any alcoholic beverages to
encourage play;
3.
Loan
money, chips, tokens, or anything of value, either real or promised,
to any person, including other employees, for which a loan fee, interest,
or other consideration is imposed, while on gambling club property
for the purpose of allowing that person to participate in any gambling
activity;
4.
Act
in the capacity of, or employ any person to act in the capacity of
a house player, unless such person wears in a conspicuous place attached
to the clothing an identification card or badge identifying such person
as a house player;
5.
Knowingly
permit any person who is in a state of intoxication in any area of
the premises used for legal games;
6.
Permit
any person under the age of twenty-one years to participate in any
legal game within, or to be present within, any gambling club; provided,
however, that a licensee may establish a higher minimum age of admission
if not otherwise prohibited by law; provided, further, that this provision
shall not be construed to authorize the admission to any gambling
club of any persons under the age of twenty-one years where such admission
is prohibited by any law or regulation governing the sale of alcoholic
beverages;
7.
Fail,
neglect, or refuse to exhibit their licenses or work permits on the
demand of any law enforcement officer, or, in the case of a work permit
issued to a dealer, manager, or designated responsible employee, or
a person who performs any function directly connected with the operation
of legal gambling in a gambling club, fail, neglect, or refuse to
wear such permit as identification in a conspicuous place attached
to the clothing, while performing his or her duties for the licensee;
8.
Permit
or allow the contracting or farming out, assigning, lending, renting,
or subletting of any games or card tables on the gambling club premises;
9.
Permit
more than four participants to wager on the same hand in designated
games, unless otherwise authorized by the chief of police for a particular
game. Such authorization may be revoked in writing by the chief of
police. In no event shall the total number of wagering participants
within the gambling club exceed four multiplied by ten (the maximum
number of hands per table) multiplied by the number of tables for
which the then current quarterly business license tax has been paid;
10.
Permit someone other than the primary seated participant to be in
control of the play for the hand, unless otherwise permitted under
licensee's house rules which have received prior approval by the chief
of police;
11.
Permit cards or tiles to be removed out of the sight of the dealer
or the floor manager at the table;
12.
Knowingly permit any unlawful activity to take place upon the premises
of the gambling club or to fail to take reasonable steps to prevent
such activities from taking place;
13.
Play in, or permit the playing of, any game at any place licensed
pursuant to this chapter which is not allowed by state or municipal
law.
C.
General
Requirements.
1.
There
shall be posted in a conspicuous place in the gambling club premises
the following:
a.
The minimum buy-in, wagering limits, and any and all times charges
or other fees assessed of all charged players at a table;
b.
A set of detailed house rules applicable to the games played, which
shall be posted in the form of a printed rule book;
c.
A copy of the current valid city license and the licensee's current
gambling license issued under the Gambling Control Act;
d.
The hours during which the establishment will remain open for business.
2.
The
operation of a gambling club shall be the responsibility of the licensee
personally (if an individual is the licensee) or a manager or designated
responsible employee of the licensee at all times. The licensee shall
designate the names of all such managers and designated responsible
employees in the application and shall advise the chief of police
in writing whenever any change is made.
3.
The
licensee personally (if an individual is the licensee), or a manager
or a designated responsible employee shall be on the gambling club
premises at all times during the conduct of its legal gambling operations.
4.
Not
later than July 1st of each calendar year the licensee shall execute
under penalty of perjury and file with the chief of police a declaration
stating the following:
a.
The minimum buy-in, table and wagering limits, and any and all time
charges or other fees assessed of all players at a table;
b.
A set of the then current posted detailed house rules applicable
to the games played;
c.
That payment of the most recently assured city business license tax
for a gambling club has been paid.
|
The declaration shall be accompanied by a complete copy of all
applications (and exhibits) filed since the prior July 1st with the
division, the board or the commission, by the licensee and all persons
having a financial interest in the licensee under the Gambling Control
Act; provided that copies of current gambling license, key employee
licenses as defined in Section 19805 of the Business and Professions
Code pursuant to the Gambling Control Act, and work permits issued
under the Gambling Control Act shall be filed forthwith after their
receipt with the chief of police if not obtained by the time this
declaration is filed, hereunder, and each of which copies shall be
declared by the licensee under penalty of perjury to be a complete
copy.
|
5.
A
licensee shall designate one or more persons who are regularly present
on the premises of the licensee during regular business hours as agent(s)
for the service of subpoenas ("agent") issued by the chief of police
under this chapter.
By accepting, and as a continuing condition to the validity
of, a license under this chapter, the licensee, each manager and each
designated responsible employee of the licensee, and each person who
has a financial interest in the licensee shall consent to having any
such agent accept the service of subpoenas directed to them hereunder
by the chief of police.
A licensee may change the designation of its agent at any time
by filing a change in writing with the chief of police. The chief
of police shall serve a subpoena upon a person either: (1) by personal
service on such person; or (2) by personal service on an agent.
Each subpoena directed to a person by the chief of police shall
set forth the subject matters that are to be the topics of inquiry
and any request for specific information required by the chief of
police. If all of the specific information sought from the person
upon whom the subpoena is served may otherwise be supplied by the
licensee, the licensee shall file a declaration under penalty of perjury
with the chief of police that contains such specific information at
the time directed, the effect of which declaration shall be to quash
the subpoena; provided, however, that topics of inquiry or requests
for specific information pertaining to the background or actions of
the person to whom the subpoena has been directed may only be answered
or otherwise responded to by such person.
No subpoena shall compel the attendance of any person before
the chief of police or at any hearing conducted under this chapter
in less than seventy-two hours after receipt of such service by the
person(s) upon whom such service is to be made; reasonable requests
for extension of time to appear shall be granted for up to an additional
forty-eight hours by the chief of police upon a declaration that sets
forth a reasonable ground for such extension, which declaration is
executed under penalty of perjury (based on information and belief)
by any person who would be subject to the service of a subpoena under
this paragraph.
6.
All
financial information of a licensee, both corporate and personal,
which may be legally required to be provided to the chief of police
shall be held in strictest confidence and not disclosed, discussed,
disseminated or published without the written permission of the person
providing such information or as otherwise provided by state law.
7.
No maximum wagering limit is imposed on games at the gambling club. The gambling club may conduct no limit games or may, in its discretion, set maximum wagering limits on a game-by-game basis and table-by-table basis, provided that such maximum wagering limits comply with all state and local laws, and are posted as required by Section 4.36.090 C(1)(a).
8.
A
licensee shall have in effect a security plan to address the security
and safety of patrons in and around the cardroom. The plan, and any
amendments thereto, must be filed with and approved by the chief of
police. The licensee shall be liable for the security and safety of
its patrons to the extent required by law. Any information about security
measures that is provided to the city by a gambling club shall be
confidential and not open to public inspection.
(Ord. 1598 § 2, 1998; Ord. 1725 § 2, 2006; Ord. 1878 § 4, 2020)
A.
A person
shall not be employed as an employee of a gambling club unless he
or she first has been issued a valid, unexpired, and unrevoked work
permit, except to the extent authorized by and in accordance with
the provisions set forth in California Business and Professions Code
Section 19912.
B.
Each
applicant for a work permit shall submit to the chief of police a
completed, city-approved application, made under penalty of perjury,
which shall contain the following information:
1.
The
true name, address, date of birth, physical description and telephone
number of the applicant;
2.
The
past criminal record, if any, of the applicant;
3.
Fingerprints
taken by the San Bruno police department;
4.
Two
full face photographs of one inch by one inch exact size taken within
sixty days immediately preceding the date of filing of the application;
5.
A
written statement directed from a licensee indicating a willingness
and intent to employ the applicant if the latter is issued a work
permit;
6.
A
complete copy of the application (if any) and exhibits filed by the
applicant under the Gambling Control Act and a copy of any current
key employee license (as defined in Section 19805 of the Business
and Professions Code pursuant to the Gambling Control Act) issued
to the applicant thereunder;
7.
Such
other information as may be requested by the chief of police.
C.
The
chief of police shall obtain a background check on all applicants
to determine if the applicant is disqualified from holding a state
gambling license.
D.
The
chief of police shall either grant or deny the application within
sixty days of the filing thereof, unless a temporary work permit is
granted pursuant to this section.
E.
In determining
whether or not to grant or deny the application for a work permit,
the chief of police shall consider any and all objections to the issuance
of the work permit made by the division or the commission.
F.
In recognition
of the delays which may be encountered in obtaining all information
on each applicant under this section, the chief of police, or his
or her designee, is authorized to issue temporary work permits which
shall be valid for a period not to exceed sixty days. If additional
time is required, subsequent temporary work permits may be issued
which will be valid for the same time period. Such temporary work
permits shall include such terms and conditions as may be determined
by the chief of police, or his/her designee. The chief of police has
the right to refuse issuance of a temporary work permit if preliminary
information exists to justify such refusal.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
The
chief of police shall deny the application for a work permit if he
or she makes any of the following determinations:
1.
The
applicant is under the age of twenty-one years, except as otherwise
allowed pursuant to state law.
2.
The
applicant would be disqualified from holding a state gambling license
for reasons stated in paragraphs (2), (3), (6), inclusive, of subdivision
(a) of Section 19850 of the Gambling Control Act.
3.
The
division or the commission objects to the issuance of the work permit,
provided that if after review of such objection pursuant to the Gambling
Control Act, the objection is withdrawn, the chief of police shall
reconsider the application.
B.
The
chief of police may deny the application for a work permit if he or
she makes any of the following determinations:
1.
That the applicant has within ten years immediately preceding the filing of the application been convicted in a court of competent jurisdiction of an offense enumerated in Section 4.36.065, or has engaged in conduct constituting any such offense;
2.
That,
without regard to date of conviction, the applicant has engaged in
bookmaking or any offense involving gambling specified in Sections
319-337.9 of the California Penal Code;
3.
That
the applicant has failed to comply with one or more provisions of
this chapter, or of this code, or other laws or regulations applicable
to the operation of a gambling club;
4.
That
the applicant has knowingly made one or more false statements in the
application or during the application background process;
5.
The
applicant's refusal to provide consent to allow use of information
contained in investigations where consideration of an offense was
deferred pursuant to California Penal Code Section 1000.4 or comparable
statutory provision of another state or country may result in a denial
of the application.
|
The determinations of the chief of police shall be valid if
supported by a preponderance of the evidence.
|
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A work permit shall be valid for two years. It shall be renewable
at the end of each second year upon filing a new application and a
renewal fee, in an amount established by resolution of the city council.
If an expired permit is not renewed within thirty days after the expiration
date, the filing fee for an original application shall be applicable.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
Every dealer, manager, and designated responsible employee,
and every person who performs any function directly connected with
the operation of legal gambling in a gambling club shall keep in his
or her immediate possession the valid work permit issued, and shall
wear such permit as identification in a conspicuous place attached
to the clothing but only while performing his or her duties for the
licensee. No work permit shall be worn off the gambling club premises.
The work permit is issued to the applicant, but remains the property
of the city of San Bruno. The work permit or provisional permit shall
be returned to the San Bruno police department when the work permittee's
or provisional work permittee's employment is severed with the licensee.
The licensee shall immediately notify the chief of police, or his/her
designee when the permittee's employment is severed.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
A work
permit shall be suspended by the chief of police if he or she receives
an order from the division, the commission or the board directing
that an individual's work permit be summarily suspended.
B.
A work
permit shall be revoked by the chief of police if he or she receives
an order from the division, the commission or the board of the state
of California directing that an individual's work permit be revoked.
C.
Licenses
and work permits are subject to revocation or suspension upon a determination
by the chief of police that grounds exist which would justify the
denial of an application for such license or work permit if such application
were then pending, or that the licensee or a person that has a financial
interest in the licensee has:
1.
Violated
one or more provisions of this chapter;
2.
Violated
any statute or ordinance relating directly to the operation of the
gambling club;
3.
Been convicted of, or has engaged in conduct constituting an offense enumerated in Section 4.36.060.
4.
Done
any of the following:
a.
Violated any federal, state or local statute, rule or ordinance regulating
gambling;
b.
Engaged in false or misleading advertising in connection with gambling;
c.
Failed to take reasonable steps to prevent any dishonest acts or
illegal activities occurring on the gambling premises committed by
any patron or any other person;
d.
Failed to pay any monetary penalty levied pursuant to the Gambling
Control Act;
e.
Denied the Attorney General or chief of police access to any place
within a gambling club establishment or failed to promptly produce
for inspection or audit any book, record, or document requested by
the Attorney General or the chief of police;
f.
Failed to comply with any condition of the license or registration
under the Gambling Control Act;
g.
Obtained a license by fraud, misrepresentation, concealment, or through
inadvertence or mistake;
h.
Made a misrepresentation, or failed to disclose, a material fact
on the application or as part of any subsequent investigation to the
Attorney General or the chief of police.
D.
Except
when ordered by the state, the term of suspension of any license or
permit shall be for the specific time determined by the chief of police
but not more than sixty days.
E.
In conducting an investigation, which the chief of police may initiate on his or her initiative or in response to complaint, or making a determination hereunder, the chief of police shall gather all evidence relevant to the investigation and may issue subpoenas for the appearance of witnesses and the production of documents and other evidence. If a licensee or a person having a financial interest in the gambling club of the licensee or a manager or designated responsible employee of the licensee (unless the manager or designated responsible employee are no longer employees of the licensee) shall not respond to a subpoena served upon and directed to such person for a personal appearance or the production of documents, prima facie grounds shall exist for the suspension of the gambling club license. The provisions of subsection (C)(5) of Section 4.36.090 shall be applicable to this subsection. The determinations of the chief of police shall be valid if supported by a preponderance of the evidence.
F.
Upon determination that grounds for revocation or suspension exist, the chief of police shall notify the licensee or work permittee in writing either by personal delivery or by first class mail addressed to the licensee or work permittee at the address listed in the license or permit application, or any more recent address furnished to him or her by the licensee or work permittee. The notice shall state that the license or permit is revoked or suspended, as the case may be, the duration of any suspension, and the grounds for the action. Except when the revocation or suspension is ordered by the state, the notice shall further state that the action shall not become effective until the eleventh city business day after the date of the notice, and that during such period the licensee or work permittee may file a notice of appeal to the city council with the city clerk pursuant to Section 4.36.150. The notice shall state that if the action is appealed to the city council, the action shall not become effective, if at all, until the council shall have heard and decided the appeal.
G.
If the
licensee or work permittee fails to file a notice of appeal with the
city clerk within a period of ten city business days from the date
of notice of suspension or revocation, the action of the chief of
police shall become final and conclusive. If a notice of appeal is
timely filed, accompanied by payment of an appeal fee in an amount
established by resolution of the city council, the city clerk shall
schedule the matter for hearing before the city council. The city
clerk shall provide at least ten city business days written notice
of the date, time, and place of the hearing to the licensee or work
permittee and the chief of police. When such notice has been timely
filed, the suspension or revocation shall not become effective until
the appeal has been completed.
H.
At the
hearing before the city council the appellant and the chief of police
shall have the following rights:
1.
To
call and examine witnesses under oath;
2.
To
introduce exhibits under oath;
3.
To
cross-examine opposing witnesses under oath on any matter relevant
to the issues, even though that matter was not covered in the direct
examination;
4.
To
impeach any witness, regardless of which party first called him or
her to testify; and to rebut the evidence against him or her.
|
If the appellant does not testify in his or her own behalf he
or she may be called as if under cross-examination.
|
I.
The
hearing need not be conducted according to technical rules of evidence.
Any relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admission of such
evidence over objection in civil actions. Hearsay evidence may be
used for the purpose of supplementing or explaining other evidence,
but shall not be sufficient to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege
shall be effective to the extent that they are otherwise required
by statute to be recognized at the hearing. Irrelevant and unduly
repetitious evidence shall be excluded.
J.
In revoking
or suspending a license or work permit pursuant to this section, the
chief of police shall have the power to suspend the effectiveness
of such action upon reasonable conditions, and to direct that if the
licensee or work permittee does not comply with such conditions, the
original revocation or suspension will become effective. If the chief
of police determines that any condition has been violated, the procedure
for notice and hearing for revocations and suspensions shall be applicable.
K.
In addition to the power to suspend a work permit pursuant to this section, if the chief of police determines that a work permittee has engaged in such conduct as to provide reasonable cause to believe that his or her continued work in a gambling club would constitute an immediate threat of continued violations of operations requirements, fraudulent or dishonest conduct, or sale or use of narcotics on the premises, he or she may immediately suspend the work permit by providing written notice to the work permittee and the licensee of the action taken and the reason therefor. The chief of police shall conduct a hearing on the matter upon notice to the work permittee not later than five city business days from the date of the suspension. The hearing shall be in accordance with the provisions of this section. If at the conclusion of the hearing the chief of police determines that grounds exist for the suspension or revocation of the work permit, he or she may revoke or continue the suspension of the work permit. The work permittee may appeal such decision to the city council by filing a notice of appeal pursuant to Section 4.36.150; provided, however, that pending the action of the city council on appeal the revocation or suspension shall remain in full force and effect.
L.
In addition to the power to suspend a license pursuant to this section, if the chief of police determines that such conduct exists in the gambling club as to provide reasonable cause to believe that the continued operation of the gambling club would constitute an immediate threat of continued violations of the operations requirements hereunder, or the continuation of fraudulent or dishonest conduct on the premises, or the continuation of the sale or use of narcotics on the premises, he or she may immediately suspend the license by providing written notice to the licensee (if an individual is the licensee) or upon any manager or designated responsible employee, which written notice shall specify the action taken and the reason therefor. The chief of police shall lift the suspension within forty-eight hours of its imposition and at such specific time within such period if he or she determines that the conditions giving rise to the suspension have been removed, failing in which the suspension shall continue without further action and he or she shall conduct a hearing on the matter upon notice to the licensee not later than five city business days from the date of the suspension. The hearing shall be in accordance with the provisions of this section. If, at the conclusion of the hearing, the chief of police determines that such conditions still have not been removed, he or she may revoke or continue the suspension of the license as otherwise provided in section. The licensee may appeal pursuant to Section 4.36.150; provided, however, that pending the action of the city council on appeal, the revocation or suspension shall remain in full force and effect.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
Whenever
the chief of police shall deny an application for a gambling room
license or work permit, he or she shall notify the applicant or work
permittee in writing by either personal delivery or by first class
mail addressed to the applicant or work permittee at the address listed
in the respective application, or at any more recent address furnished
to him or her by the applicant or work permittee. The notice shall
state that the application has been denied or that the licensee or
work permitted has been suspended or revoked and the grounds for the
action. The notice shall further state that the applicant or work
permittee shall have the right to appeal the action to the city council
by filing a notice of appeal with the city clerk no later than ten
city working days from the date of the notice of denial.
B.
A notice
of any appeal shall be filed with the city clerk not later than ten
city business days from the date of notice of denial, suspension or
revocation of the application, San Bruno license or work permit, failing
in which the action of the chief of police shall become final and
conclusive. If a notice of appeal is timely filed, accompanied by
payment of an appeal fee in an amount established by resolution of
the city council, the city clerk shall schedule the matter for hearing
before the city council. The city clerk shall provide at least ten
city business days' notice of the date, time, and place of the hearing
to the party appealing and the chief of police.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
A gambling
club license shall be deemed to be abandoned and null and void under
the following conditions:
B.
If the
chief of police determines that a gambling club license has been abandoned
pursuant to this section, he or she shall notify the licensee in writing
either by personal delivery or by first class mail addressed to the
licensee at the address listed in the license application, or any
more recent address furnished to him or her by the licensee. The notice
shall state that the chief of police has determined that the license
has been abandoned and is null and void; and the reasons for such
determination. The notice shall further state that the licensee may
file a notice of appeal of such decision to the city council by filing
such notice with the city clerk within ten city business days of the
date of the notice by the chief of police.
C.
If the
licensee fails to file a notice of appeal with the city clerk not
later than ten city business days from the date of notice by the chief
of police, the termination by the chief of police shall become final
and conclusive. If a notice of appeal is timely filed, accompanied
by payment of an appeal fee, in an amount established by resolution
of the city council, the city clerk shall schedule the matter for
hearing before the city council. The city clerk shall provide at least
ten city business days' notice of the date, time, and place of the
hearing to the licensee and to the chief of police.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
B.
The city council on appeal may, based upon the evidence presented, affirm or reverse the decision of the chief of police. In the case of a revocation or suspension of a permit, it shall have the power to modify the penalty to any lesser one provided in Section 4.36.140.
C.
The
decision of the city council on appeal shall be final and conclusive.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
Any gambling club licensee validly operating a gambling club under a license issued pursuant to this chapter prior to the adoption of this chapter in the form set forth herein shall not be required to obtain a new license, and the license of such licensee shall continue to be in effect; provided, however, that the operations of any such licensed gambling clubs shall be governed by Sections 4.36.070, 4.36.080, 4.36.090, 4.36.140, 4.36.160, and 4.36.170.
B.
Any work permit validly in force and effect at the time of adoption of this chapter in the form set forth herein shall continue to be valid until its scheduled expiration date; provided, however, that all persons who have been issued such work permits shall be governed by the provisions of Sections 4.36.090, 4.36.130, 4.36.140. and 4.36.170.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
No person under the age of twenty-one years shall enter, remain,
or be present in any gambling club.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
The city council declares that it is not the intention of this
chapter to permit the licensing of any gambling club for the playing
of any game prohibited by state law, including, but not limited to,
those games enumerated in Section 330 of the Penal Code, which section
includes banking and percentage games.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
A.
A licensee
shall exclude or eject from the gambling club all persons required
to be excluded by the division pursuant to Section 19844 of the Business
and Professions Code pursuant to the Gambling Control Act.
B.
A licensee
may exclude or eject from the premises any person who satisfies any
of the criteria set forth in Section 19845 of the Business and Professions
Code pursuant to the Gambling Control Act or any person who has been
engaged in or been convicted of bookmaking, loan sharking, the sale
of controlled substances or illegal gambling activities, or whose
presence in or about the gambling club would be inimical to the interests
of legal gambling. No person shall be excluded or ejected on the grounds
of race, national origin, color, creed, or sex.
C.
Any person excluded or ejected by a licensee under subsection B of this section may appeal to the chief of police as to whether the conditions for exclusion or ejection set forth in subsection A of this section are applicable. Such person shall file an appeal to the chief of police through the office of the city clerk and shall pay a fee for such appeal in an amount fixed, from time to time, by the city council. The chief of police shall appoint a hearing officer who shall conduct a hearing to be held within thirty days after receipt of the application or at such other time as the applicant and the chief of police may agree.
D.
At the
hearing, both the person excluded and the licensee may present evidence
under oath. The decision of the hearing officer shall be final. The
licensee and the applicant shall reimburse the city for the cost of
holding such hearing in amounts determined by the hearing officer.
(Ord. 1598 § 2, 1998; Ord. 1878 § 4, 2020)
