The city council finds and determines that the upcoming opening of a major gaming club in the city has presented an opportunity for the proliferation of card dealer schools which, if left unregulated, could result in serious problems to the public health, safety and welfare. It is important that the city act to regulate and license these new businesses to ensure that their owners and all instructors and employees undergo background investigations and criminal history checks, and to prohibit certain questionable business practices which such types of businesses have been known to utilize. The council finds that such card dealer schools must be regulated and licensed by the city to ensure that adequate precautions are taken that clients of such schools are not victimized, and that owners and employees of such schools do not present a threat to the public health, safety and welfare.
(Ord. 95-009 § 1 (part), 1995)
For the purposes of this chapter, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary:
A. 
“Card dealer school”
means a place maintained, operated or conducted, other than by a licensee under Chapter 9.04 of this code on premises licensed pursuant to Chapter 9.04, for the purpose of giving training or instructions in the dealing of card games permitted under state law and not prohibited by a license issued by the city council to be played in gaming clubs in the city. No gambling or other forms of betting, except simulated betting solely for the purposes of training or instruction, may be conducted at a card dealer school.
B. 
“Commence”
means and includes commence, begin, initiate, start, open and/or establish.
C. 
“Conduct”
means and includes conduct, transact, maintain, prosecute, practice, manage, operate and/or carry on.
D. 
“Purport to commence” and “purport to conduct”
means and includes any showing, representation, indication or action:
1. 
By means of sign, advertisement or advertising matter, whether in, upon or about any premises or otherwise; or
2. 
By the appearance or arrangement of any premises; or
3. 
By acts or statements of any person, or by the agents, servants or employees of any person, which indicates, suggests, holds out, or represents that any person is, would be, or appears to be conducting or in a position to conduct any business which is required to have a license under this chapter.
(Ord. 95-009 § 1 (part), 1995)
It is unlawful for any person to commence or conduct, or purport to commence or conduct within the city any card dealer school at which a fee, commission or compensation is directly or indirectly charged, accepted or received from participants in such school, unless and until such person shall have first obtained, and maintained in full force and effect, a license to do so in compliance with the provisions of this chapter.
(Ord. 95-009 § 1 (part), 1995)
Every person who desires to commence or conduct, or continue to conduct a card dealer school currently operating in the city, shall file a written application with the San Pablo police department, on a form provided by the department, with a nonrefundable application fee established by resolution of the city council. The police department shall provide a copy of this chapter with the application form, and shall require the recipient to sign for its receipt on such form. The police department shall process the application and shall fingerprint and photograph and conduct such background investigations and state and local summary criminal history information checks of all owners and managers as to enable it to determine whether to approve, conditionally approve (including issuance of a temporary permit) or deny said application. Each owner and manager of the card dealer school shall pay an investigation fee to be determined by resolution of the city council.
(Ord. 95-009 § 1 (part), 1995)
The application for a work permit shall be denied where the chief of police or designee determines that there is good cause therefor. In determining whether “good cause” exists, the chief or designee shall consider whether:
A. 
The applicant has been convicted of any crime or offense within the last ten years punishable as a felony or involving moral turpitude, or has been convicted of the sale or possession for sale of a controlled substance, prostitution, pimping or pandering, or of a crime involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud, theft or embezzlement, or has been convicted of any crime substantially related to the service or entertainment business;
B. 
The applicant has committed any act of dishonesty, fraud or deceit, or has engaged in bookmaking, loansharking or other illegal gambling activity, or has been convicted of an offense involving such activities, within the last ten years;
C. 
The applicant is not a person of good character, integrity, honesty; or of financial reliability, as demonstrated by his or her business and credit history;
D. 
The applicant has made any false statement in the application or as to any other information presented as part of the application process, submits an incomplete application, or omits any material fact; or
E. 
The applicant has been refused, or has had revoked, any gambling, gaming or entertainment license or permit by a governmental agency within five years of the date of the application, or has had his or her employment with any other gaming club in the past five years terminated for negligence or misconduct.
(Ord. 95-009 § 1 (part), 1995)
A. 
The chief of police or designee shall render a written decision on an application within fourteen days following submittal of the background investigation to the chief or designee. A decision denying an application shall include a statement in general terms as to the reasons for the denial. The decision shall be effective upon mailing. The identity of persons who have furnished information purporting to disclose violations of the law shall be privileged and confidential upon a determination by the chief or designee that disclosure is against the public interest because the need to preserve confidentiality outweighs the need for disclosure in the interest of justice.
B. 
If an application is denied, the applicant may appeal such denial by requesting city manager review. Such request shall be made in writing and received by the city manager within ten days following the effective date of the denial. Failure to file an appeal within such ten-day period shall result in the chief’s decision being final. The appeal shall be accompanied by payment of an appeal fee established by resolution of the city council. The city manager shall review the police department’s decision and any written materials that may be submitted by applicant, and shall mail or personally serve a notice of decision to the applicant within ten days following the written request for review.
(Ord. 95-009 § 1 (part), 1995)
A. 
No card dealer school shall hire or allow any person to work in the school as a teacher, trainer, instructor or otherwise, unless such person has first cleared a background investigation conducted by the San Pablo police department. All card dealer school licenses shall be deemed conditioned on this fact. All such employees shall wear proof of such clearance in a form provided by the police department. The police department shall fingerprint and photograph and conduct background investigations and state and local summary criminal history information checks of all such employees, and shall deny clearance to employees according to the same grounds set forth in Section 9.05.050. All such employees shall be reinvestigated and shall be required to obtain police department clearance every two years. The fee for such employee background investigations shall be established by resolution of the city council.
B. 
The chief of police or designee may suspend or revoke a card dealer school employee’s clearance upon satisfactory proof that the employee has violated any provision of this chapter, of a license issued under this chapter, or for any reason for which a license could be denied under this chapter. The decision shall be effective upon date of mailing or personal service on the employee. The licensee or employee may appeal the chief’s determination by filing, within ten days of the date such notice was served, a request for a hearing with the city manager. A request for hearing shall be deemed filed upon receipt by the city manager. The request for a hearing shall be accompanied by payment of an appeal fee in an amount established by resolution of the city council. If no written appeal is received by the city manager’s office within the time allotted, the decision of the chief shall be final.
C. 
The city manager shall provide the appellant at least ten days’ notice of the date and place for the appeal hearing. The city manager may delegate to a hearing officer the authority to conduct the hearing, make factual determinations, and render a written decision recommending action to the city manager. At any such evidentiary hearing, technical rules of evidence shall not apply. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in and of itself unless it would be admissible over objection in civil actions.
(Ord. 95-009 § 1 (part), 1995)
A. 
All card dealer schools shall prepare and execute a written contractual agreement, to be signed by its clientele which enroll in such school, setting forth the total amount of all fees or consideration to be charged or received, directly or indirectly, immediately or in the future, upon those who enroll in the school. It is unlawful for any person to charge or attempt to charge any fees, or to receive any moneys not included in such written contract, including but not limited to any fees or consideration charged or received upon a promise or representation that successful completion of the school may guarantee or ensure that the trainee will obtain employment as a dealer with any gaming club licensed in the city.
B. 
Copies of all such contractual agreements shall be filed immediately upon execution with the San Pablo police department.
(Ord. 95-009 § 1 (part), 1995)
It is unlawful for any card dealer school or person to represent, either orally or in writing, that completion of the curriculum or training will guarantee, or is likely to guarantee a job at any gaming club licensed in the city.
(Ord. 95-009 § 1 (part), 1995)
Any act of an employee of a card dealer school which constitutes a violation of this chapter shall also constitute a violation of this chapter by the owner or operator of the school, whether or not the owner or operator had knowledge of the act of the employee or participated in the act.
(Ord. 95-009 § 1 (part), 1995)
A. 
Any license issued under this chapter may be suspended or revoked by the police chief or designee based upon any grounds which would justify the denial of an application for a license, or that the licensee or any employee of the licensee has violated, or permitted, allowed or caused the violation of any provision of the license or of this chapter.
B. 
The chief shall send notice of such action, including the reasons therefor and the right to appeal to the city manager, to the licensee. The employee may appeal the suspension or revocation by filing, within ten days of the date such notice was served, a request for a hearing with the city manager. The notice shall be deemed served on the date of mailing or personal service. The appeal shall be deemed filed upon receipt by the city manager. The request for a hearing shall be accompanied by payment of an appeal fee in an amount established by resolution of the city council. If no written appeal is filed with the city manager within the time allotted, the decision of the chief shall be final.
C. 
The city manager shall provide the appellant at least ten days’ notice of the date and place for the appeal hearing. The city manager may delegate to a hearing officer the authority to conduct the hearing, make factual determinations, and render a written decision recommending action to the city manager. At any such evidentiary hearing, technical rules of evidence shall not apply. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient in and of itself unless it would be admissible over objection in civil actions.
(Ord. 95-009 § 1 (part), 1995)
A. 
The city council finds and determines that card dealer schools engage in transactions which directly affect the public health and safety. Such schools are part of the extensively regulated gaming industry, and are therefore highly regulated in the interests of the public, health, safety and welfare in the city. Card dealer schools are known to have engaged, and present a high risk of engaging, in the types of fraudulent or unfair practices which are prohibited by this chapter. The city has a compelling interest in maximizing employment opportunities for its residents and in protecting them from the business practices prohibited by this chapter. There exists a public perception that the gaming industry is or may be infiltrated with criminal elements or unfair or illegal practices, and the city council has a compelling interest in protecting the integrity of the city’s regulation of the gaming industry in the city, and the public’s confidence in such regulation.
B. 
By applying for a license under this chapter, the applicant agrees and consents that the chief of police or designee shall have the right and authority to make unannounced, warrantless inspections, during business hours, of the premises and business documents of the licensee to ensure that the provisions of this chapter are being followed. The police department is specifically authorized only to inspect the premises and documents of licensee to determine whether the licensee or its employees have satisfied the conditions of Sections 9.05.080 and 9.05.090, and whether cause for suspension or revocation of such license is warranted under Sections 9.05.110(A) and 9.05.050(B). Licensees under this chapter shall have no expectation of privacy in the conduct of their business, and shall be deemed to have consented to such inspections.
(Ord. 95-009 § 1 (part), 1995)
Violation of any provision of this chapter, or of any term or condition of a license issued under this chapter, shall be a misdemeanor unless deemed an infraction by the city attorney.
(Ord. 95-009 § 1 (part), 1995)
The failure of any applicant, licensee or employee to timely file any appeals or applications required under this chapter shall be deemed a failure to exhaust administrative remedies.
(Ord. No. 94-001, Enacted, 04/12/94; Ord. 95-009 § 1 (part), 1995)