Title 5
BUSINESS TAXES, LICENSES AND
REGULATIONS
Chapters:
5.04
Business Licenses
5.06
Motion Picture Production, Television Productions and Commercial Still
Photography
5.08
Bingo
5.12
Cardrooms
Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.010 Definitions.
5.04.020 Purpose.
5.04.030
License--Required.
5.04.040 License--Separate for each business or
branch.
5.04.050 License--Exhibiting requirements.
5.04.060
Permit required for certain businesses.
5.04.070 License--Transferability.
5.04.080 License--Application.
5.04.090 Determination of number of employees.
5.04.100 License--Temporary.
5.04.110 License fee--Persons outside city.
5.04.120 License fee--Special requirements for
persons without fixed place of business.
5.04.130 License fee--When due and payable.
5.04.140 Delinquent accounts.
5.04.150 License fee--Debt to city.
5.04.170
Fee schedule--Generally.
5.04.180
Fee schedule--Advertising.
5.04.190 Fee schedule--Amusements.
5.04.200 Fee schedule--Barbershops and beauty shops.
5.04.210 Fee schedule--Businesses, professions or
occupations of certain classifications.
5.04.220 Fee schedule--Coin-operated vending
machines.
5.04.230 Fee schedule--Contractors.
5.04.240
Fee schedule--Cosmetology or hairdressing schools.
5.04.250
Fee schedule--Games of skill.
5.04.260 Fee schedule--Hospitals.
5.04.270
Fee schedule--Hotels, motels, apartment or roominghouses,
trailer camps.
5.04.280 Fee schedule--Junk dealers.
5.04.290 Fee schedule--Manufacturers and processors.
5.04.300 Fee schedule--Medicine shows, traveling
merchants and similar businesses.
5.04.310 Fee schedule--Pawnbrokers.
5.04.320 Fee schedule--Peddlers of agricultural
pro-ducts at retail.
5.04.330 Fee schedule--Public utilities.
5.04.340
Fee schedule--Refreshment stands.
5.04.350
Fee schedule--Retail and wholesale sales not specifically enumerated.
5.04.360
Fee schedule--Shoeshine stands.
5.04.370
Fee schedule Solicitors.
5.04.380 Fee schedule--Taxicabs and taxicab drivers.
5.04.390 Exemptions--Religious, charitable and
similar institutions.
5.04.400 Exemptions--Interstate commerce.
5.04.410 Exemptions--Disabled veterans and disabled
persons.
5.04.420 Exemptions--Farmers and poultrymen.
5.04.430
Exemptions--Decision of city council in cases of doubt.
5.04.440 Records.
5.04.450 Unlawful businesses.
5.04.460 Conclusiveness of statements made by applicant--Investigations.
5.04.470 Examination of books and records.
5.04.480 Inquiries by chief of police.
5.04.490
Information concerning applicant to be confidential.
5.04.500
Assessment of license tax by clerk--Authorized upon failure to file statement.
5.04.510 Assessment of license tax by clerk--Notice.
5.04.520 Conviction not to exempt person from
payment of fee.
5.04.530 Enforcement.
5.04.540 Penalty fee.
5.04.550 Penalty for violation.
5.04.010 Definitions. Unless it is apparent from
the context that another meaning is intended, the following words, when used in
this chapter, shall have the following meanings:
A.
"Advertising vehicle" means the business of operating, upon the
streets, any wheeled vehicle equipped with music or a musical device, loudspeaker
or other device for attracting attention, or who operates, upon, the streets,
any wheeled vehicle for advertising purposes; to which wheeled vehicle there
are attached signs, placards, billboards or other advertising matter.
B.
"Business" means professions, trades, lessors
and occupations and all and every kind of calling carried on for profit or
livelihood, where the gross income is one hundred and fifty dollars per quarter
or more.
C.
"Business by vehicle" means the business of running, driving or
operating any automobile, automobile truck, automobile tank wagon or any
vehicle used for the transportation, selling, collection or delivery of goods,
wares, merchandise or other personal property of any kind from a vehicle,
either as his or its principal business or in connection with any other
business, or of soliciting for work, labor or services to be performed upon the
public streets in or from a vehicle, or to be performed on goods, wares or
other personal property to be taken for such purpose to a plant or
establishment inside or outside of the city limits. "Business by
vehicle" does not apply to the delivery of goods, wares or merchandise
purchased by retail merchants in the city at wholesale prices and delivered to
the merchants in the city for resale by them for use or consumption by the
public off the premises, nor to persons operating such vehicles together and in
conjunction with a fixed place of business within the city for which business a
license fee is paid under this chapter.
The
provisions of this chapter are not to be construed as imposing a tax upon
vehicles, but as a method of classification of businesses and distribution
between those maintaining a fixed place of business in the conduct of which
vehicles are used, and those maintaining a business in which the vehicles are
used but who do not have a fixed place of business in the city.
D.
"Employee" means all persons engaged in the operation or conduct of
any business, whether as owner (husband and wife), any member of the owner's family,
partner, agent, manager, solicitor and any and all other persons employed or
working in the business.
E.
"Engaged in business" means the conducting, managing or carrying on
of any profession, trade, calling, occupation or commercial enterprise in the
city for which a license is required under the provisions of this chapter as
owner, officer, agent, manager, employee, servant or lessee of any of them.
F.
"Fortuneteller" means a person who practices or professes to practice
the business or art of astrology, palmistry, phrenology, card reading,
fortunetelling, cartomancy, clairvoyance, crystal
gazing, hypnotism, mediumship, prophecy, augury,
divination, magic or necromancy, or who receives a gift or fee for such
practice, or where admission is charged.
G.
"Licensee" means any person to whom a license has been issued under
this chapter.
H.
"Medicine show" means the business of dealing in medicines other than
as conducted by a regularly established drugstore, or peddling the same, or treating diseases of the human body, or calling
attention to wares or methods of treatment or advertising the same by use of
music, entertainment, speech or other device.
5.04.020 Purpose. This chapter is enacted
solely to raise revenue for municipal purposes and is not intended for
regulation purposes. This chapter shall be reviewed every second year.
5.04.030 License--Required.
It shall be unlawful for any person to be engaged in business in the city
without having an unrevoked license from the city to
do so, valid and in effect at the time, and in compliance with any and all
regulations of such business contained in this chapter, unless such person is
exempt under the provisions of this chapter. No person who is an employee or
who is the direct representative of a licensee shall be required to pay a
license fee for the doing of any part of the work of such license.
5.04.040 License--Separate for each business or branch. Separate licenses must be
obtained for each branch, establishment or separate place of business in which
the business is carried on. Separate licenses must be obtained for each kind or
class of business carried on at each location; any person carrying on a
business at one location containing several departments, all of which are
presided over and carried on exclusively by the person as proprietor or by
members of his immediate family (parents, spouse or children), shall be
required to pay only one license fee, which shall be the full license fee of
whichever business calls for the highest fee.
5.04.050 License--Exhibiting requirements. A. Every person having a
license under the provision of this chapter for engaging in business at a fixed
place of business shall keep such license posted for exhibition while in force
in some conspicuous place in his place of business.
B.
Every person having such a license, and not having a fixed place of business,
shall carry such license with him at all times while carrying on the business
for which the same was granted.
C.
Every person having a license shall produce and exhibit the same when applying
for a renewal thereof, and whenever requested to do so by any police officer or
any person authorized to issue or inspect licenses or collect license fees.
5.04.060 Permit required for
certain businesses. A. No license shall be issued for a circus, sideshow,
dance hall, skating rink, bowling alley, amusement or recreation parlor, or
place of business of such description, or similar enterprise until a permit has
been first obtained from the city council, upon application in writing therefor.
B.
The city council shall have the right to refuse any such permit if it
determines that the granting of same will be contrary to the preservation of
the public peace, safety or welfare of the city or its inhabitants. If the
permit is granted, the city council may impose such terms, conditions and
restrictions upon the operation, management and conduct of the business, not in
conflict with any paramount law, as it may deem necessary or expedient to
protect the health, safety or welfare of the city's inhabitants. Any applicant
for such a permit shall be entitled to a hearing before the city council upon a
request thereof.
5.04.070 License--Transferability. No license issued under the
provisions of this chapter shall be transferred or assigned, nor shall such
license be construed as authorizing any person, other than the licensee, to
engage in the licensed business.
5.04.080 License--Application. A. Every person required to
have a license under the provisions of this chapter shall make application for
the same to the city clerk and, upon the payment of the prescribed fee, the
city clerk shall issue to such person a license which shall contain:
1. The name of the person to whom the license
is issued;
2. The business licensed;
3. The place where such business is to be
transacted and carried on;
4. The date of the expiration of such
license; and
5. Such other information as may be necessary
for the enforcement of the provisions of this chapter.
B.
The city clerk must affix his official seal to, number and sign all licenses.
5.04.090 Determination of number of employees. As used in this chapter and
parts thereof, in determining the number of employees for the purpose of fixing
the license tax due under this chapter, the employer shall take the number of
employees earning wages during pay periods ending the nearest fifteenth day of
each month, as shown by Form DE3 of the state department of employment, or such
other form which may hereafter be adopted for reporting payments due under the
Unemployment Insurance Act for each month on the previous calendar year, adding
the same and dividing by twelve. If the employer has been in business less than
one year, he may use the average number of employees as shown by such form for
the last quarter; if the employer has not previously engaged in business, he
may estimate the average number of employees who will be employed by him during
the remainder of the calendar year.
5.04.100 License--Temporary. Except as may be otherwise
provided for in this chapter, persons engaging in or carrying on any
profession, trade, calling, occupation or business within the city for a period
of less than three months of any calendar year shall, in those instances in
which a license fee in excess of a quarterly fee has been paid in accordance
with the provisions of this chapter, at the discretion of the city clerk, may
be entitled to a refund of that portion of the fee in excess of a quarterly
fee. A request for such refund shall be submitted to the city clerk in writing,
setting forth the pertinent facts, and shall be verified by the claimant.
5.04.110 License fee--Persons outside city. Every person whose business
is located outside the city limits, but nevertheless is engaged in or carrying
on any profession, trade, calling, occupation or business within the city,
shall pay a license tax based upon the schedule of fees set forth in this
chapter.
5.04.120 License fee--Special requirements for persons
without fixed place of business. A. Except as may be other-wise provided for in this
code, persons not having a fixed place of business within the city and
regularly doing business within the city shall pay a license tax in accordance
with this chapter according to the person's occupation or business, as though
such person actually had a fixed place of business within the city, except as
otherwise set forth in subsection B of this section and Section 5.04.380.
B.
Every nonresident merchant and every other person who is conducting, managing
or carrying on the business of running, driving or operating any automobile,
automobile truck, automobile tank wagon or any other motor or other kind of
vehicle for or in the transportation of any goods, wares or merchandise of any
kind from outside the city into the corporate limits of the city shall pay a
license fee of twenty-five dollars, plus three dollars for each additional
vehicle regularly so operated into the city.
C.
For the purposes of this section, regular operation shall consist of six or
more trips per year into the city. Any usage in excess of fifty-two trips per
year into the city by any such vehicle shall result in the application of an
additional three dollars fee.
Example:
Trips
per week
1 basic rate $25.00 per year
2 basic rate $25.00 + $3.00=$28.00 per year
3 basic rate $25.00 + $3.00=$31.00
per year
4 basic rate $25.00 + $3.00=$34.00
per year
5 basic rate $25.00 + $3.00=$37.00
per year
6 basic rate $25.00 + $3.00+$40.00
per year.
5.04.130 License fee--When due and payable. A. The annual license fees
provided in this chapter shall be due and payable to the city on the first day
of February of each year, and delinquent thirty days thereafter.
B.
Annual license fees, as provided in this chapter, shall be divided by one-half
if the profession, trade, calling, occupation or business is commenced after
August 1st.
C.
Daily license fees shall be due and payable to the city each day, in advance.
5.04.140 Delinquent accounts. Whenever a business license
holder or prospective applicant fails to make the payment required by the
provisions of this chapter, the city clerk shall take steps to collect such
delinquent accounts by means of letters written to the license holder or prospective
applicant. If collection is not effected by means of letters, the city clerk
shall make a written report of such delinquent local accounts to the city
manager. The city clerk shall make every effort to collect such delinquent
accounts by telephone or otherwise. Upon failure of such efforts to effect
collection, the list of delinquent accounts shall be reported to the city
attorney for such legal action as may be necessary, including the employment of
police officers.
5.04.150 License fee--Debt to city. The amount of any license
fee imposed by this chapter shall constitute a debt to the city, and any person
engaging in business in the city without having a license from the city so to
do shall be subject to an action in the name of the city in any court of
competent jurisdiction for the collection of the amount of the license fee
imposed by this chapter.
5.04.160 License fee--Proration. A. Annual license fees
shall be prorated if the profession, trade, calling, occupation or business is
commenced in the second or subsequent month of the calendar year.
B.
Annual license fees shall be prorated in those cases of an existing business
where the provisions of this chapter require a license for that business not
required to be licensed under any previous business license ordinance.
C.
In all cases, the license fee shall be prorated as of the first day of the
month in which the profession, trade, calling, occupation or business is
commenced, or in which such existing business is required to be licensed.
D.
Prorated refund of the annual license fee shall be made if the licensee ceases
to be engaged in business for a period of ninety days or more prior to the
expiration of the license. Written notice of the cessation of the profession,
trade, calling, occupation or business, verified on oath by the licensee, shall
be filed with the city clerk, and the license fee refund shall be prorated as
of the first day of the month which follows the date of filing of the written
notice with the city clerk.
5.04.170 Fee schedule--Generally.
The rate of licenses for the professions, trades, callings, occupations or
businesses named in Sections 5.04.180 through 5.04.380 are fixed and
established according to the schedule contained in said sections. Such license
fees shall be paid by every person engaged in carrying on or maintaining any
such profession, trade, calling or occupation or retail or wholesale business.
5.04.180 Fee
schedule--Advertising. Advertising by methods set forth in this section
shall require payment of a license fee as follows:
A.
Advertising By Vehicle. Advertising by vehicle shall
require payment of a license fee of five dollars per vehicle per day.
B.
Billboards or Other Similar Outdoor Advertising Structures. Every person
engaging primarily in the business of outdoor advertising or billposting shall
pay a license fee of one hundred dollars per year.
C.
Billposting or Sniping. Advertising by posting, pasting, staking, tacking, affixing
or placing colored paper or cardboard bills, cards, posters or tin signs
against or upon fences, posts, trees, buildings or other structures or surfaces
other than advertising surfaces, with the written consent of the owner of the
property upon which the bill-posting is done, shall require prepayment of a
license fee of ten dollars per day or fifty dollars per year, as may be
preferred by the person procuring the license; provided that this section shall
not be held to apply to signs or notices issued by any county or public office
or posted by a public officer in performance of a legal duty, or by a private
person in giving a legal notice.
5.04.190 Fee schedule--Amusements. For conducting amusements
and places of amusement, as enumerated in this section, the license fee to be
charged shall be as follows:
A.
Billiard rooms and pool halls, ten dollars per quarter;
B.
Bowling alleys, ten dollars per quarter;
C.
Carnivals or exhibitions of a similar nature, twenty-five dollars per day, with
two dollars per day additional for each merry-go-round;
D.
Circuses or menageries making an admission charge, fifty dollars per day;
F.
Operating phonographs, juke boxes, music machines, kinetoscopes
and other amusement machines, not otherwise provided for under Section
5.04.220, for profit, four dollars per year per machine;
G.
Theater exhibitions on a limited basis, ten dollars per day;
H.
Conducting, managing or carrying on a motion picture theater, or any other type
of theater, thirty dollars per year;
I.
Shooting galleries, ten dollars per quarter;
J.
Skating rinks, ten dollars per quarter;
K.
Wrestling or boxing exhibitions, fifty dollars per day.
5.04.200 Fee schedule--Barbershops and beauty shop. Every person operating a
barbershop or beauty shop shall pay an annual tax of thirty dollars.
5.04.210 Fee schedule-Businesses, professions or
occupations of certain classifications. A. For conducting,
managing, carrying on or engaging in any business, profession or occupation
enumerated in subsection B of this section, and having a fixed place of
business in the city, the annual license tax shall be computed as follows:
thirty dollars per year, plus thirty dollars per year for each professional
member of the firm in excess of the one who is practicing his profession other
than as a salaried employee, plus the sum of three dollars per year for each of
the first eight salaried employees in excess of one, plus two dollars per year
for each salaried employee in excess of nine.
B.
The professions and occupations affected by subsection A of this section shall
be as follows;
Accountant
Advertising
agent
Appraiser
Architect
Artist
Assayer
Attorney
and counselor at law
Auditor
Bacteriologist
Bail
bond broker
Blue
printer
Book
agent, resident
Broker
or commission agent
Certified
public accountant
Chiropodist
Chiropractor
Civil,
electrical, mining, chemical, structural, consulting or hydraulic engineer
Collection
agency or credit reporting bureau Dentist
Designer,
illustrator or decorator
Detective
agency
Draftsman
Drugless
practitioner
Electrologist
Engineer
(see inclusive description under civil, etc., engineer)
Engraver
Entomologist
Feed,
grain and fruit broker
Geologist
Illustrator
or show card writer
Insurance
or claims adjuster
Interpreter
Lapidary
Lithographer
Masseuse
Mercantile
agency
Midwife
Money
lender or broker
Mortician
Naturopath Oculist Optician Optometrist
Osteopath
Photographer
Physician
or surgeon
Physiotherapist
Piano
tuner
Public
stenographer
Real
estate broker
Roentgenologist
Sign
painter
Surgeon
or physician
Surveyor
Taxidermist
Termite
inspector
Title
abstractor or title insurance company
Upholsterer
Veterinarian.
C.
Any person conducting a business or following an occupation within the city of
a type or kind not specifically enumerated in this code and by law subject to
licensing by the city, whether the same is conducted on a commission basis or
otherwise, except as otherwise provided, shall pay a license fee in accordance
with the schedule set forth in subsection A of this section.
5.04.220 Fee schedule--Coin-operated vending machines. A. "Owner,"
within the meaning of this section, includes the purchaser of a machine
regulated by this section under a bona fide confidential sales contract.
B.
For every person engaged in the business of operating, renting, leasing or
maintaining any automatic vending machine used for the sale of goods, wares or
merchandise and controlled by the insertion of a coin, the license fee shall be
the sum of four dollars per year per machine.
C.
For every person engaged in the business of operating, renting, leasing or
maintaining any scales or weighing machine controlled by the insertion of a
coin, the license fee shall be the sum of four dollars per year per machine.
D.
Notwithstanding the provisions of subsections (B) and (C) of this section, for
every person engaged in the business of operating, renting, leasing or
maintaining any automatic vending machine used for the sale of goods, wares or
merchandise and controlled by the insertion of a coin not in excess of one
cent, the license fee shall be the sum of five dollars per quarter year,
regardless of the number of machines maintained or operated by such person.
E.
The provisions of this section shall not apply to any person who owns his own
vending or weighing machines and who operates the same on business premises
operated by him and for which he pays a business license to the city.
5.04.230 Fee schedule--Contractors. A. Every person who is
engaged in the business of general contractor or builder, including
subcontractors, shall pay an annual license fee of fifty dollars per year or
twenty-five dollars per quarter.
B.
As used in this section, "person" includes any partnership,
corporation or association of contractors operating under a single license
issued by the state.
C.
Notwithstanding Section 5.04.130(A) of this chapter,
all licenses pursuant to this section shall become effective on the date of
purchase.
5.04.240 Fee
schedule--Cosmetology or hairdressing schools. Cosmetology or hairdressing
schools, where instruction is given in the use of cosmetics or art of
hairdressing, shall pay a fee of fifty dollars per year.
5.04.250 Fee schedule--Games of
skill. Persons selling or disposing of goods, wares or merchandise of any
kind or description whatsoever by means of any device of skill or by games
involving skill shall pay a license fee of five dollars per day.
5.04.260 Fee schedule--Hospitals. Hospitals shall pay a
license fee of thirty dollars per year. Charitable organizations operated on a
nonprofit basis are exempt.
5.04.270 Fee schedule--Hotels,
motels, apartment or roominghouses, trailer camps.
Every person engaged in the business of conducting or operating any hotel,
motel, roominghouse, boardinghouse, apartment house, lodginghouse, house court or bungalow court or trailer
camp, or engaged in the business of renting or letting rooms, apartments,
trailer spaces or other accommodations for dwelling, sleeping, housekeeping or
lodging, having four or more units or rooms, shall pay an annual license tax
computed as follows:
A.
Four to nine rooms, units or trailer spaces, twenty dollars per year;
B.
Ten to fourteen rooms, units or trailer spaces, twenty-five dollars per year;
C.
Fifteen to nineteen rooms, units or trailer spaces, thirty-five dollars per
year;
D.
Twenty to thirty rooms, units or trailer spaces, forty-five dollars per year;
E.
Thirty rooms, units or trailer spaces and over, sixty dollars per year.
5.04.280 Fee schedule--Junk dealers. Junk dealers or dealers in
rags, bones, bottles, sacks, cans, papers, scrap iron or scrap metal shall pay
a license fee of twenty-five dollars per quarter.
5.04.290 Fee schedule--Manufacturers and processors. For each person carrying on
a business consisting mainly of manufacturing, packing, processing, canning or
fabricating any goods, wares, merchandise or produce, the annual license tax
shall be computed as follows: eighteen dollars per year plus two dollars for
each employee of the first twenty-four employees in excess of one, plus one
dollars per year for each employee in excess of twenty-four; provided, however,
that the maximum annual license tax for any such manufacturer or processor
shall not exceed two hundred fifty dollars.
5.04.300 Fee schedule--Medicine shows, traveling
merchants and similar businesses. The sale of merchandise or advertisement by
traveling merchants, hawkers, vendors or peddlers or street fakirs, or the
advertising of goods, wares or merchandise of any description by the aid of
music, singing, dancing, jugglery, tricks, sleight-of-hand, buffoonery or
gymnastics, or by the aid of spectacular displays, shows or performances, or
speeches, declarations or oratory, or any performance on the street or at any
public place in the city calculated to draw a crowd about the person selling or
advertising, shall pay a license fee of fifty dollars per day.
5.04.310 Fee schedule--Pawnbrokers. Pawnbrokers shall be
licensed at the rate of fifteen dollars per quarter.
5.04.320 Fee schedule--Peddlers of agricultural products
at retail.
Peddlers at retail of fruits, vegetables, butter, eggs, meat, poultry or any
other agricultural products shall pay a license fee of twenty-five dollars per
quarter.
5.04.330 Fee schedule--Public utilities. A. Telephone companies and
other public utilities directly serving customers within the city shall pay an
annual license tax equal to that provided by Section 5.04.290 for manufacturers
and processors, or that provided by Section 5.04.350 for retail and wholesale
sales not specifically enumerated, whichever is the lower annual tax, unless
the public utility concerned pays a franchise or other tax to the city, in
which event no business license tax shall apply.
B.
For the purposes of this section, "person engaged in the business of
providing telephone services" means a telephone company, as that term is
used in Article 13, Section 14 of the Constitution of California.
5.04.340 Fee
schedule--Refreshment stands. Refreshment stands shall pay a license fee of
five dollars per day.
5.04.350 Fee schedule--Retail and
wholesale sales not specifically enumerated. For every person carrying on a
business consisting of selling at retail or wholesale any goods, wares and
merchandise or commodities, or in conducting, maintaining or carrying on any
trade, occupation, calling or business, not specifically licensed by this
chapter, the annual license tax shall be fifteen dollars per year, plus four
dollars per year for each employee for the first four employees in excess of
one, plus two dollars per year for each employee in excess of five.
5.04.360 Fee schedule--Shoeshine
stands. Shoeshine stands shall be licensed at the rate of five dollars per
year.
5.04.370 Fee schedule--Solicitors. All solicitors, including
book agents, for the sale of books, maps, cards, pictures, postcards, magazines
and itinerant photographers, shall pay, at the time the license is obtained, a
fee of twenty-five dollars per quarter.
5.04.380 Fee schedule--Taxicabs and taxicab drivers. Taxicab owners shall pay an
annual license fee equivalent to twelve dollars per year for the first cab,
plus six dollars for each additional cab above one operated during the
preceding year. Taxicab drivers shall pay a license fee of four dollars per year.
5.04.390 Exemptions--Religious, charitable and similar
institutions.
A. The provisions of this chapter shall not be deemed or construed to require
the payment of a license to conduct, manage or carry on any business, or
require the payment of any license fee, from any institution or organization
which is conducted, managed or carried on wholly for the benefit of charitable
purposes and from which profit is not derived, either directly or indirectly,
by any person; nor shall any license be required for the conducting of any
entertainment, dance, concert, exhibition or lecture on scientific, historical,
literary, religious or moral subjects whenever the receipts from the same are
to be appropriated to any church or school, or to any religious or benevolent
purpose within the city; nor shall any license be required for the conducting
of any entertainment, dance, concert, exhibition or lecture whenever the
receipts from the same are to be appropriated for the purpose and objects for
which such association or organization was formed, and from which profit is not
derived, either directly or indirectly, by any individual, firm or corporation.
B.
Nothing contained in this chapter shall be deemed to exempt any such
institution from complying with the pro-visions of this chapter requiring such
institution or organization to obtain a permit from the city council or proper
official to conduct, manage or carry on any business.
5.04.400 Exemptions--Interstate commerce. A. Every person claiming to
be entitled to exemption from payment of any license fee provided for in this
chapter upon the grounds that the imposition of such fee casts an unlawful
burden upon his right to engage in commerce with foreign nations or among the
several states, or conflicts with the regulation of interstate commerce by the
United States, shall file a verified statement with the officer or employee of
the city having charge of the collection of licenses, disclosing the interstate
or other character of his business entitling such exemptions.
B.
Such statements shall state the name and location of the person for which the
orders are to be solicited or secured, the name of the nearest local or state
manager, if any, and his address, the kind of goods, wares, merchandise or
services to be delivered or performed, the place from which the same are to be
shipped or forwarded or the services performed, the method of solicitation or
taking orders, the location of any warehouse, factory or plant within the
state, the method of delivery, the name and location of the residence of the
applicant, and any other facts necessary; other papers used by such persons in
taking orders shall be attached to the affidavit.
C.
If it appears that the applicant is entitled to such exemption, such applicant
shall be issued a free license.
5.04.410 Exemptions--Disabled veterans and disabled
persons.
Those persons designated in Section 16001 and 16001.5 of the Business and
Professions Code of California as permitted the occupations therein designated
without cost or license therefor, upon first
exhibiting to the city clerk evidence of such character as shall satisfy the
collector that the person is one so designated by either or both of such
statutes as being so permitted, shall receive a free license for peddling and
soliciting. Applicants for free licenses under this section shall be required
to comply with all other provisions of this chapter pertaining to the licensing
of peddlers or solicitors.
5.04.420 Exemptions--Farmers and poultrymen. The provisions of this
chapter shall not be construed as requiring farmers, poultrymen
or horticulturists residing and doing business in the county to procure a
license under this chapter for the privilege of selling exclusively their own
products. This exception shall not apply to nurseries or other commercial
establishments who buy goods for resale as well as selling their own produces.
5.04.430 Exemptions--Decision of
city council in cases of doubt. In all cases of doubt as to any applicant
being entitled to an exemption from any license tax, or from the application of
any of the provisions of this chapter, the burden of establishing the right of
such exception shall be upon the applicant. All applicants for exemption in
such cases shall be referred to the city council, which shall consider and act
upon the same and grant or refuse such exemption, as in the use of its
discretion it deems just. In the event the city council refuses an exemption,
the applicant therefor shall be entitled to a hearing
before the city council upon request therefor, at
which time the city council shall review the matter.
5.04.440 Records. The city clerk shall keep
in his office a ledger in which he shall keep the account of all matters
pertaining to the licenses mentioned in this chapter.
5.04.450 Unlawful businesses. The issuance of a license
under the ordinance codified in this chapter or any other ordinance shall not
entitle the licensee to engage in any business which for any reason is in
violation of any law, this chapter or other ordinance.
5.04.460 Conclusiveness of statements made by
applicant--Investigations. No statement pertaining to any business or
occupation shall be conclusive as to the matters set forth therein, nor shall
the filing of the same preclude the city from collecting, by appropriate action,
such sum as is actually due and payable under this chapter. Such statement, and
each of the several items therein contained, shall be subject to audit and
verification by the city clerk, his deputies or authorized employees of the
city, who are authorized to examine, audit and inspect such books and records
of any licensee or applicant for license as may be necessary, in their
judgment, to verify or ascertain the amount of license fee due.
5.04.470 Examination of books and records. All licensees, applicants
for licenses and persons engaged in business in the city are required to permit
an examination of such books and records for the purposes set forth in Section
5.04.460.
5.04.480 Inquiries by chief of police. It shall be duty of the
chief of police and all police officers of the city to make diligent inquiry as
to all persons in this city liable to pay a license fee as provided in this
chapter.
5.04.490 Information concerning
applicant to be confidential. The information furnished or secured pursuant
to this section or Sections 5.04.080 and 5.04.480 shall be confidential. Any
unwarranted disclosure or use of such information by any officer or employee of
the city shall constitute a misdemeanor and such officer or employee shall be
subject to the penalty provisions of this chapter.
5.04.500 Assessment of license
tax by clerk--Authorized upon failure to file statement. If any person
fails to file any required statement within the time prescribed, or if, after demand
therefor made by the city clerk, he fails to file a
corrected statement, the city clerk may determine the amount of license tax due
from such person by means of such information as he may be able to obtain.
5.04.510 Assessment of license tax by clerk--Notice. In case a determination is
made pursuant to the provisions of Section 5.04.500, the city clerk shall give
a notice of the amount so assessed by serving it personally or by depositing it
in the
5.04.520 Conviction not to exempt
person from payment of fee. The conviction and punishment of any person
having engaged in business without a license shall not excuse or exempt such
person from the payment of any license fee due or unpaid at the time of
conviction, and nothing in this chapter shall prevent criminal prosecution for
any violation of any provision of this chapter.
5.04.530 Enforcement. The
chief of police and all police officers of the city shall have and exercise the
power to make arrests for the violation of any of the provisions of this
chapter and to enter upon business premises, free of charge, at any time a
license is required by this chapter, and to demand the exhibition of such
license for the current term by any person engaged or employed in the
transaction of such businesses; and if such person then and there fails to
exhibit such license, such person shall be liable to the penalties provided by
this chapter for a violation of this chapter.
5.04.540 Penalty fee. If any
annual, quarterly or daily license fee provided for by this chapter remains
unpaid at the end of the calendar month in which it becomes due and payable, a
penalty of five percent per month shall be added to the same for each month
that it remains unpaid, not exceeding in the aggregate a total penalty of fifty
percent of the amount of the license fee. Any such penalty so imposed shall be
collected by the person in charge of the collection of the license to which the
penalty is added. The penalty contained in this section is in addition to the
penalty provided for in Section 5.04.550.
5.04.550 Penalty for violation.
Any person violating any of the provisions of the ordinance codified in this
chapter shall be deemed guilty of an infraction and, upon conviction thereof,
shall be fined in an amount not to exceed the maximums established in
Government Code Section 36900(b), which currently is one hundred dollars for a
first offense, two hundred dollars for a second conviction within one year, and
five hundred dollars for each additional conviction of the same ordinance
within one year.
Chapter 5.06
MOTION PICTURE PRODUCTION, TELEVISION
PRODUCTIONS AND COMMERCIAL STILL PHOTOGRAPHY
Sections:
5.06.010
Purpose.
5.06.020
Definitions.
5.06.030
Permit--Required.
5.06.040
Permit--Exemption.
5.06.050
Permits or licenses--Nonexclusive.
5.06.060
Permit--Application.
5.06.070
Permit issuance--Conditions.
5.06.080
Cost of additional city services.
5.06.090
Insurance and indemnity.
5.06.100
Conditions--Restrictions.
5.06.110
Cleanup and restoration.
5.06.120
Penalty for violation.
5.06.010 Purpose. The purpose
of this chapter is to facilitate the issuance of permits for commercial film
production activities, when such activities shall make special utilization of
city property or personnel, or shall require special controls of city streets
and sidewalks.
5.06.020 Definitions. For
purposes of this chapter, the term "commercial film production
activities" shall mean all activities attendant to staging or shooting
commercial motion pictures, videotapes, television shows or programs, or still
photography.
5.06.030 Permit--Required.
Without first obtaining a permit issued pursuant to this chapter, no person
shall do any of the following:
A.
Conduct commercial film production activities which will utilize city property
in such a manner as to unreason-ably interfere with the normal use thereof by
the general public or by the city, or which shall otherwise require special
utilization of city personnel; or
B.
Conduct commercial film production activities which require special vehicular
controls on city streets or which shall unduly obstruct pedestrian movement on
public sidewalks.
5.06.040 Permit--Exemption.
The provisions of this chapter shall not apply to reporters, photographers or
camerapersons in the employ of a newspaper, news service, television or radio
broadcasting station, or similar entity engaged in the broadcasting of news
events.
5.06.050 Permits or
licenses--Nonexclusive. The provisions of this chapter are intended to
augment and be in addition to any other ordinance of the city requiring
additional permits or licenses or other fees.
5.06.060 Permit--Application.
Any person desiring a permit under the provisions of this chapter shall make
application on a form prescribed and provided by the city administrator. Such
application shall be submitted at least five days prior to the date on which
such person desires to conduct an activity for which a permit is required. The
city administrator may waive the requirement that applications be filed five
days in advance when in his opinion neither the city nor the general public
will be inconvenienced or harmed by his doing so. No fee shall be required for
any permit.
5.06.070 Permit
issuance--Conditions. The city administrator shall issue a permit as
provided for in this chapter when, from a consideration of the application and
from such other information as may be otherwise obtained, he finds that:
A.
The conduct of such activity will not unduly interfere with traffic or
pedestrian movement or endanger public safety;
B.
The conduct of such activity will not unduly interfere with normal governmental
or city operations, threaten to result in damage or detriment to public
property, or result in the city incurring costs or expenditures in either money
or personnel not to be reimbursed;
C.
The conduct of such activity will not constitute a safety hazard and all proper
safety precautions will be taken;
D.
The conduct of such activity will not require the diversion of so great a
number of police officers of the city to properly police the area of such
activity as to interfere with normal police protection of other areas of the
city.
The
decision of the city administrator to issue., conditionally issue or not issue
a permit shall be final.
5.06.080 Cost of additional city
services. If deemed necessary by the city administrator, additional police,
fire and other city services shall be provided for the purpose
of
protecting, assisting and regulating the proposed activity. The cost of
providing such additional services shall be paid to the city by the applicant.
A deposit for such services may be required by the city administrator.
5.06.090 Insurance and indemnity.
A. Prior to issuance of any permit, the city administrator shall require that
the applicant shall have obtained a comprehensive general liability insurance
policy or policies in a form as approved by the city attorney, issued by an
insurance company or companies authorized to do business in the state of
California, with coverage that includes the permitted activities and the
location in which the filming or taping activities shall occur and any other
area used by the applicant. The city, its officers and employees, shall be
named as additional insureds on said policy or
policies. The policy limits of said insurance policy or policies shall not be
less than one million dollars per occurrence combined single limit for both
bodily injury and property damage. Said policy or policies shall also contain a
provision that no termination, cancellation or change of coverage of insured or
additional insured shall be effective until after ten days' notice thereof has
been given in writing to the city clerk of the city.
B.
Each person to whom a permit is issued hereunder shall agree to indemnify and
hold harmless the city, its officers, agents and employees, from and against
all damages to property or injuries to or death of any person or persons,
including officers, agents and employees of the city, and shall defend,
indemnify and save harmless the city, its officers, agents and employees, from
any and all claims, demands, suits, actions or proceedings of any kind of
nature, including, but not by way of limitation, workers' compensation claims
of or by anyone whomsoever, in any way resulting from any act or omission of
such person or such persons' officers, agents or employees.
C.
Worker's Compensation Insurance. The applicant shall provide proof of coverage
of workmen's compensation insurance for all employees.
5.06.100 Conditions--Restrictions.
The applicant shall comply with any conditions or restrictions the city
administrator may impose as a condition to issuing a permit pursuant to the
provisions of this chapter when such conditions or restrictions relate to the
provisions of Section 5.06.060.
5.06.110 Cleanup and restoration.
Applicant shall conduct operations in an orderly fashion with continuous attention
to the storage of equipment not in use and the cleanup of trash and debris. The
applicant shall be responsible for restoring any area damaged or disrupted
before leaving the site. If the site is not repaired or restored to the city's
satisfaction, the cost of such repair or restoration shall be reimbursed to the
city by the applicant or paid from any bond deposited by the applicant. The
city administrator may require the applicant to post a refundable performance
bond at the time the permit is issued for any reasonable anticipated possible
cleanup or restoration costs.
5.06.120 Penalty for violation.
Any person who violates any provision of Sections 5.06.010 through 5.06.110,
inclusive, shall be guilty of a misdemeanor. Such violation shall be punishable
in the manner set forth in Section 1.20-.030 of this code.
Chapter 5.08
BINGO
Sections:
5.08.010
Definition.
5.08.020
Persons permitted to conduct games.
5.08.030
No profit, wage or salary.
5.08.040
Minors prohibited.
5.08.050
Location restriction.
5.08.060
Open to public.
5.08.070
Staffing and operation.
5.08.080
Financial interest.
5.08.090
Profits.
5.08.100
Physical presence required to participate.
5.08.110
Value of prizes.
5.08.120
Hours of operation.
5.08.130
Equipment.
5.08.140
Record keeping.
5.08.150
Permit--Required.
5.08.160
Permit--Application.
5.08.170
Inspection of premises and records.
5.08.180
Access to criminal history information.
5.08.190
Investigation and recommendation by other departments.
5.08.200
Hearing--Notice and inspection of evidence.
5.08.210
Hearing--Decision.
5.08.220
Denial or conditional issuance of permit--Grounds.
5.08.230
Denial or conditional issuance of permit--Suspension or revocation--Appeal.
5.08.240
Further investigation--Suspension or revocation.
5.08.250
Permit--Fees.
5.08.260
Permit--Term.
5.08.270
Permit--Report following expiration.
5.08.280
Permit--Nontransferable.
5.08.290
Penalty for violation.
5.08.010 Definition. As used
in this chapter, "bingo" means a game of chance in which prizes are
awarded on the basis of designated numbers or symbols on a card which conform
to numbers or symbols selected at random.
5.08.020 Persons permitted to
conduct games. No individual, corporation, partnership or other legal
entity shall be permitted to conduct a bingo game except organizations exempted
from the payment of bank and corporation tax by Sections 23701(a), 23701(b),
23701(d), 23701(4), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation
Code and by mobile home park associations and senior citizens organizations.
5.08.030 No profit, wage or
salary. No person shall receive or pay a profit, wage or salary from any
bingo game authorized in this chapter.
5.08.040 Minors prohibited.
No minor shall be allowed to participate in any bingo game.
5.08.050 Location restriction.
An organization shall conduct a bingo game only on property owned or leased by
it, and which property is used by such organization for an office or for
performance of the purposes for which the organization is organized. Nothing in
this section shall be construed to require that the property owned or leased by
the organization be used or leased exclusively by such organization.
5.08.060 Open to the public.
All bingo games shall be open to the public, not just to the members of the authorized
organization.
5.08.070 Staffing and operation.
A bingo game shall be operated and staffed only by members of the authorized
organization which organized it. Only the organization authorized to conduct a
bingo game shall operate such game, or participate in promotion, supervision or
any other phase of such game.
5.08.080 Financial interest.
No individual, corporation, partnership or other legal entity except the
organization authorized to conduct the bingo game shall hold a financial
interest in the conduct of such bingo game.
5.08.090 Profits. A. With
respect to organizations exempt from payment of bank and corporation tax by
Section 23701(d) of the Revenue and Taxation Code, all profits derived from a
bingo game shall be kept in a special fund or account and shall not be
commingled with any other fund or account. Such profits shall be used only for
charitable purposes.
B.
With respect to other organizations authorized to conduct bingo games pursuant
to this chapter, all proceeds derived from bingo games shall be kept in a
special fund or account and shall not be commingled with any other fund or
account. Such proceeds shall be used only for charitable purposes, except as
follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed
ten percent of the proceeds after the deduction for prizes, or five hundred
dollars per month, whichever is less, may be used for rental of property,
overhead and administration purposes.
5.08.100 Physical presence
required to participate. No person shall be allowed to participate in a
bingo game unless the person is physically present at the time and place in
which the bingo game is being conducted.
5.08.110
Value of prizes. The total value of prizes awarded during the conduct of bingo
games shall not exceed two hundred fifty dollars in cash or kind, or both, for
each
separate
game which is held.
5.08.120 Hours of operation.
All bingo games shall be conducted only during the hours of noon to midnight.
5.08.130 Equipment. All equipment
used in the operation of bingo games shall be owned by the organization
authorized to conduct such bingo games.
5.08.140 Record keeping. Each
organization conducting a bingo game shall maintain detailed records of all
profits, expenditures, prizes and other expenses associated with the operation
of bingo games. Said records shall be retained for such period of time as
required by state and federal law, and for a period of three years for the
purposes of this chapter.
5.08.150 Permit--Required. No
individual, corporation, partnership or other legal entity shall conduct a
bingo game without first obtaining a permit from the chief of police to
do
so.
5.08.160 Permit--Application.
A. A written application for a permit required by this chapter shall be made by
affidavit under penalty of perjury filed with the chief of police.
B.
Such application shall contain:
1. The name of the organization, and the
names, signatures and addresses of all the officers of the organization;
2. The days and hours of operation of bingo
games;
3. A copy of a certificate or letter from the
Franchise Tax Board evidencing exempt status under Sections 23701(a), 23701(b),
23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation
Code, if so exempt;
4. The address of the premises where bingo
games will be conducted;
5. A statement of ownership or lease of the
premises;
6. The purposes for which such premises are
used by the organization;
7. A statement of ownership of bingo
equipment used in the operation of bingo games;
8. A statement of consent for the chief of
police to inspect any bank accounts containing profits derived from bingo
games;
9. The name of each individual, corporation,
partner-ship or other legal entity which has a financial interest in the
conduct of bingo games;
10. The name of the person responsible for the
operation of the bingo games;
11. A statement as to whether the total value
or prizes awarded for any separate game will on any occasion exceed five
dollars in cash or kind, or both;
12. Such further information as may be
required by the chief of police to effect the purposes of this chapter.
5.08.170
Inspection of premises and records. A. in connection with any bingo permit
applied for or issued, the chief of police shall have the authority to inspect
the premises in order to ensure that the operation of bingo games at the
premises does not constitute a violation of any state or federal law or
provision of this chapter.
B.
In connection with any bingo permit applied for or issued, the chief of police
may inspect the records and special bank accounts containing profits derived
from bingo games of any organization conducting bingo games whenever deemed
reasonable and appropriate to ensure compliance with the provisions of this
chapter.
5.08.180 Access to criminal
history information. The chief of police shall have authority to obtain
criminal history information for each person operating or assisting in the
operation of a bingo game for purposes of determining those who have been
convicted within the past five years of crimes involving lotteries, gambling,
larceny, perjury, bribery, extortion, fraud or similar crimes involving moral
turpitude, and to present such information at any bingo permit hearing.
5.08.190 Investigation and
recommendation by other departments. The chief of police shall submit any
application to other departments or governmental agencies for investigation and
recommendation, including but not limited to the following:
A.
Fire department, as to any fire hazard on the premises in question;
B.
Property and code enforcement departments, as to health and sanitary conditions
of the premises; and county board of health; and
C.
Planning department, as to compliance with zoning requirements and ordinances.
5.08.200 Hearing--Notice and
inspection of evidence. A. The chief of police shall set the time, not
fewer than five nor more than thirty days following filing of an application,
and place for public hearing on each application for a bingo permit, and shall
mail notice thereof to the applicant and to any other person who has filed a
written request for such notice.
B.
Each applicant shall have the opportunity to review all records, papers, files
and other evidence relating to the application for a bingo permit, except
criminal history information, at least five days prior to the time set for
public hearing on such application.
5.08.210 Hearing--Decision.
At the time and place set for public hearing on the application for a bingo
permit, the chief of police, or an assistant or deputy chief of police
appointed by and acting for the chief of police, shall consider the records,
papers, files and other evidence deemed relevant. The decision of the chief, or
assistant or deputy acting for him, either granting or denying the permit shall
be mailed to the applicant and to any other person who has filed a written
request for such notice within ten days following the close of the hearing.
5.08.220 Denial or conditional
issuance of permit--Grounds. A. A chief of police, or assistant or deputy
acting for him, may refuse to issue a permit if it is determined that the
operation of the bingo game would be injurious to the health, safety and morals
of the people of the city; that the apparent mode of operation of the bingo
game would not be in compliance with state or federal law, or with this
chapter; that the apparent mode of operation of the bingo game would constitute
a fire, health or sanitary hazard, or would not be in compliance with building
or zoning regulations, requirements and ordinances; that any person to be
operating or assisting in the operation of the bingo game has been convicted
within the past five years of a crime involving lotteries, gambling, larceny,
perjury, bribery, extortion, fraud or similar crimes involving moral turpitude;
that there has been a wilful misstatement of fact in
an application or report filed under this chapter, or a negligent failure to
file any report required under this chapter; or that there has been any other
violation of any provision of this chapter.
B.
If the permit is approved, the chief, or assistant or deputy acting for him,
may include restrictions and conditions in the permit deemed reasonable and
necessary under the circumstances to ensure compliance with the purposes and
intent of this chapter.
5.08.230 Denial or conditional
issuance of permit--Suspension or revocation--Appeal. A. At any time within
ten days after mailing notice of the denial or conditional issuance of a bingo
permit, or of a suspension or revocation thereof, the applicant or permit
holder may appeal the decision to the city council. Such shall be done by
filing written notice of appeal with the council at the office of the city
clerk. The perfecting of such appeal shall not suspend the denial, conditional
issuance, suspension or revocation of a bingo permit.
B.
The city council shall set the time not fewer than five nor more than thirty
days following perfecting of an appeal, and place for public hearing thereon,
and shall mail notice thereof to the applicant and to any other person who has
filed a written request for such notice. The council shall make its order
affirming or overruling the decision within ten days following the close of the
hearing.
5.08.240 Further
investigation--Suspension or revocation. A. Any changes as to the staff
operating or assisting in the operation of bingo games, and any other changes
in the information furnished in the application subsequent to its filing, shall
be reported promptly to the chief of police for any further investigation
deemed necessary and appropriate.
B.
If, at any time after issuance of a bingo permit, the chief of police suspects
that grounds exist which would warrant denial or conditional approval of such
permit, he may conduct a hearing to decide whether such permit shall be
suspended or revoked in the manner provided in this chapter for a permit
application.
5.08.250 Permit--Fees. A. The
fee for a general permit shall be fifty dollars, payable at the time of
issuance of each renewal thereof, except that the fee shall be five dollars if
the total value of prizes awarded for any separate game will not on any
occasion exceed five dollars in cash or kind, or both.
B.
The fee for a special permit shall be five dollars, payable at the time of
issuance thereof.
C.
If an application for a permit is denied, one-half of any permit fee shall be
refunded to the organization.
5.08.260 Permit-Term. A.
General permits are granted for one-year terms; each term is renewable
annually. Written application for renewal of a general permit shall be made to
the chief of police at least one month prior to its expiration date.
B.
A special permit is granted only for a one-day term for each bingo game; said
special permit shall not be renewable.
5.08.270 Permit--Report followin expiration. Within thirty days following
expiration of the period of the permit, each permittee
shall file with the chief of police a report, made under penalty of perjury,
containing the following information:
A.
Any changes in or additions to the information required in the application;
B.
The total amount of money received from the operation of the bingo games in the
previous fiscal year;
C.
The total amount paid out in prizes;
D.
Detailed costs to the organization for the operation of the bingo games.
5.08.280 Permit--Nontransferable.
Permits granted under this chapter shall not be transferable, either as to permittee or location. Any attempt to transfer shall render
the permit in question invalid.
5.08.290 Penalty for violation.
A. Any person who violates Sections 5.08.030 through 5.08.160 or 5,08.270 shall
be guilty of a misdemeanor.
B.
Violation of Section 5.08.030 shall be punishable by a fine not to exceed ten
thousand dollars, which fine shall be deposited in the general fund of the
city.
Chapter 5.12
CARDROOMS
Sections:
5.12.010
Definitions.
5.12.020
Existing licenses continued.
5.12.030
Cardroom permit--Required.
5.12.040
Cardroom permit--Limitation on location and number.
5.12.050
Cardroom permit--Application--Information required.
5.12.060
Cardroom permit--Application--Referral, investigation
and report.
5.12.070
Cardroom permit--Application--Public hearing--Notice
requirements.
5.12.080
Cardroom permit--Issuance conditions--City council
authority.
5.12.090
Cardroom permit--City council approval required.
5.12.100
Cardroom permit--Fees.
5.12.110
Cardroom permit--Renewal procedures and fees.
5.12.120
Permits nonassignable--Incorporation prohibited
--Ownership restricted.
5.12.130
Registration of agents and employees requirements--Fee--Identification card.
5.12.140
Registration of agents and employees--Denial and revocation conditions.
5.12.150
Transfer of stock--Approval required--Application, investigation and report.
5.12.160
Transfer of stock--Public hearing on application--Notice requirements.
5.12.170
Transfer of stock--Conditions for approval or denial--City council authority.
5.12.180
Cardroom permit--Suspension and
revocation--Conditions.
5.12.190
Cardroom permit--Suspension and
revocation--Procedures--Appeal.
5.12.200
Operation requirements and restrictions. 5.12.210 Cardroom
regulations.
5.12.220
Cardrooms open to inspection.
5.12.230
Cardrooms located in barrooms.
5.12.240
Violations.
5.12.010 Definitions. For the
purposes of this chapter, the following definitions shall apply:
A.
"Applicant" means a person to whom any cardroom
permit is to be issued, or purchaser, assignee or transferee corporate cardroom stock.
B.
"Card game" means any game played with cards for money or other thing
of value, or for checks, credit or other representative of value, including but
not limited to draw poker, lowball poker, open blind or blind poker, but
excepting bridge, whist, and any card game the playing of which is forbidden by
the laws of the state.
C.
"Cardroom" means any building or structure,
or any portion of a building or structure, or any premises or place wherein, in
return for any fee, charge or other compensation, any person or persons are
permitted to play a card game.
D.
"Card table" means any table or any other surface upon which any card
game is played.
E.
"Employee" means every person, either as agent, employee or
otherwise, of the owner, or under the direction of the owner of any card club.
F.
"Owner" means every person, firm, association, partnership,
corporation or other entity having any interest, legal or equitable, in any cardroom or card club permit.
G.
"Person" means and includes individual, firm, association,
partnership, joint venture and corporation.
5.12.020 Existing licenses
continued. Each and every cardroom license
heretofore issued by the city council and in effect on the effective date of
the ordinance codified in this chapter shall be deemed to be in effect when
issued by the city council, or duly authorized officer of the city, prior to
the effective date of this chapter, and subject only to the provisions of
Chapter 5.04 or Chapter 5.08 of this code, or both thereof, if and to the
extent applicable, but only so long as ownership and operation of any such cardroom shall remain in the possession and ownership of
the current holder and owner of such cardroom license
and permit, or renewal thereof, or his or her surviving spouse. Such renewals
shall be pursuant to said Chapter 5.04 or Chapter 5.08, or both.
5.12.030 Cardroom
permit--Required. No person shall establish, maintain, manage or operate
any cardroom or permit or suffer any cardroom to be established, maintained, or operated, upon
or within any building, structure, premises or place owned, occupied or
controlled by him/her/it/them unless such cardroom is
maintained and operated pursuant to a valid, unexpired, unsuspended and unrevoked cardroom permit issued
pursuant to the provisions of this chapter or subsequent ordinance of this city
or as provided in Section 5.12.020.
5.12.040 Cardroom
permit--Limitation on location and number. At no time shall the city
council issue more than five permits; provided and excepting however, that,
except as may be otherwise expressly authorized by other provision of this
chapter, if and when any outstanding permit is surrendered or revoked, or
terminates by operation of law for any reason, the maximum number of cardroom permits permitted in the city shall be deemed
reduced to that extent.
5.12.050 Cardroom
permit--Application--Information required. Each application for a cardroom permit shall contain the following:
A.
The location of the business for which the permit is sought, including a
specific description of the building or structure within which the cardroom is to be situated, and the specific portion of
such building or structure for which a cardroom
permit is requested. If it is proposed to use the entire building or structure
as a cardroom, the application shall so state and
shall request a permit for the entire building or structure. If only a portion
of the building or structure is proposed to be used as a cardroom,
the application shall so state, shall describe such portion and shall request a
permit for only such portion. No permit shall be deemed issued for any portion
of any building which the application fails to state is to be used for cardroom purposes or for which the application fails to
request a permit specifically;
B.
The maximum number of card tables proposed to be maintained within the cardroom, which shall not exceed twenty tables;
C.
The specific types of card games proposed to be played within the cardroom;
D.
The true and complete name or names, and addresses, of the owner or owners of
the building or structure within which the cardroom
is proposed to be maintained;
E.
The true and complete name or names and addresses of the person or persons to
whom it is requested that a cardroom permit be issued
as follows:
1. If the proposed permittee
is an individual, the application shall set forth the name, residence and
business address.
2. If the proposed permittee
is a corporation, the application shall set forth the complete name of the
corporation and the state within which it is incorporated, together with its
home address and also its local address.
3. If the proposed permittee
is a partnership, the application shall set forth the full name of all of the
partners and the firm name under which they do or will do business, together
with the addresses of all such partners;
F.
The names and addresses of the following:
1. If the proposed permittee
is a corporation, the names and addresses of all members. of the board of
directors, the names and addresses of the president and secretary, and the name
and address of each shareholder,
2. The names and addresses of all persons who
are to be employed in the maintenance and operation of the cardroom,
to the extent that such information is known to applicant at the time of filing
of the application,
3. The name of each lender or any other
person to whom a percentage or share of the income of the cardroom
is to be paid other than by way of dividends as paid by a corporation to its
shareholders;
G.
A set of clearly identifiable fingerprints and photographs of each person to
whom a permit is to be granted, or, in the case of a partnership, all of the
partners, or in the case of a corporation, the president and members of the
board of directors, in the form and manner and by an agency approved by the
chief of police;
H.
A statement as to whether or not any of the persons required in preceding
subsections of this section to be named in the application have at any time
been arrested or convicted for any crime or crimes (other than minor traffic
offenses) and, if so, the time, place and nature of the offense with respect of
each such arrest;
I.
A statement as to whether any permit or license previously granted to the
applicant has been denied or revoked, and, if so, the type of license or permit
which was denied or revoked, the time of denial or revocation, and the reasons therefor, and the name and address of the licensor;
J.
A statement that the applicant understands and agrees that the application
shall be considered by the city council after a full investigation and reports
have been made by the chief of police, fire chief and other agency officials or
their authorized representatives;
K.
A statement that the applicant understands and agrees that any business or
activity conducted or operated under any permit issued under such application
shall be operated in full conformity with all the laws of the state and the
laws and regulations of this city applicable thereto, and that any violation of
any such laws or regulations in such a place of business, or in connection
therewith, shall render any permit therefor subject
to immediate suspension or revocation;
L.
A full and complete financial statement of the applicant, on forms approved by
the city attorney and furnished by the city clerk; a full and complete
financial statement of each general. or limited partner of the applicant, and a
full and complete financial statement of each officer and/or director of the
corporation or other entity;
M.
A statement that the applicant understands and agrees that the chief of police,
fire chief or any other city official, or a designated representative thereof,
shall have reasonable access to the premises to make inspection of the proposed
cardroom premises and access to the records of any
applicant in order to conduct their investigation properly and effectively;
N.
A statement that the applicant understands and consents to the inclusion in any
report to the city council any criminal convictions or arrests that the chief
of police deems relevant and necessary concerning any person named in the
application;
0.
Such other information as the applicant may consider pertinent;
P.
An application fee of one hundred dollars payable to the city of Weed shall
accompany the application and shall be retained by the city for the cost of
investigation and processing of the application whether or not approved;
Q.
The contents of the application shall be certified under penalty of perjury, as
follows:
1. By the proposed permittee
if an individual;
2. By a general partner if the proposed permittee is a partnership, and
3. By the president thereof if the proposed permittee is a corporation.
5.12.060 Cardroom
permit--Application--Referral, investigation and report. A. Upon receipt of
an application for a cardroom permit, the chief of
police shall examine the same, and if it is determined that it fails to comply
with the requirements of this chapter or does not contain all the information
required by this chapter, the application shall be returned to the applicant
for proper completion of the application, together with a statement indicating
the deficiencies.
B.
If it does comply, the chief of police shall conduct an investigation thereof.
A copy of the application shall be transmitted to the fire chief and other
departments for review and report. The chief of police or members of the unit
responsible for cardroom regulations are authorized
to obtain criminal history information for each person required in this chapter
to be named in the application for the purpose of determining those who have
been arrested or convicted for any crimes involving lotteries, gambling,
larceny, perjury, bribery, extortion, fraud, or similar crimes involving moral
turpitude, or crimes related to service or entertainment businesses. The chief
of police, within forty-five days of receipt of a complying application, shall
report to the city council as follows:
1. Whether the operation of a cardroom at the pro-posed location will aggravate the crime
problems in the area, or otherwise be detrimental to crime prevention or be detrimental
to the public peace, health or safety in the area, and shall give the reasons
for his opinion;
2. Recommendations as to whether the
requested permit should be granted, and shall give the reasons for the
recommendation;
3. Set forth all conditions, limitations and
restrictions which in his opinion the requested permit, if granted, should be
made subject to and shall give the reasons therefor;
4. Set forth such other relevant information
and recommendations as may be deemed proper.
5.12.070 Cardroom
permit--Application--Public hearing--Notice requirements. A. After receipt
of a report on the application from the chief of police, the city council shall
set a time and place not less than twelve days thereafter at which the city
council will hold a public hearing on the application. The city clerk shall
post, or cause to be posted, not later than the eleventh day preceding the date
set for hearing, in a conspicuous place, a written notice which shall:
1. Be entitled in bold letters, "NOTICE
OF HEARING ON APPLICATION FOR CARDROOM PERMIT";
2. State that an application has been made to
the city council for a cardroom permit and by what
person such application has been made;
3. Describe the premises for which a cardroom permit is requested;
4. Give notice of the time and place at which
the city council will hold a public hearing on the application;
5. Give notice that any person will be given
a reasonable opportunity to be heard at the public hearing and, in addition,
may file written protests with the city clerk at any time before the conclusion
of the public hearing;
6. Advise all persons that further
information may be obtained by examining the written application on file in the
office of the clerk;
B.
At the time and place set for hearing of an application for a cardroom permit, and/or at such other times and places to
which it may continue the hearings, the city council shall consider the
application, the reports of the various departments and written protests or
objections, and shall give reasonable opportunity to be heard to all persons
who wish to be heard concerning the granting of the requested permit.
5.12.080 Cardroom
permit--Issuance conditions--City council authority. A. Within a reasonable
time after close of the hearing, the city council shall either approve or
disapprove the requested permit. The permit may be approved subject to such
conditions, limitations and restrictions as may be deemed reasonably necessary.
Each permit approved by the city council shall be subject to permittee's compliance with all applicable provisions of
this chapter, as well as such conditions, limitations and restrictions as the
city council may require.
B.
The city council may deny a cardroom permit for any
of the following reasons:
1. The operation of a cardroom
at the proposed location will aggravate the crime problems in the area, or
otherwise be detrimental to the public peace, health or safety in the area;
2. That the establishment or operation of a cardroom at the proposed place or places would violate the
city's zoning, fire, building, or other ordinances or regulations, or other
applicable laws or regulations;
3. That the applicant is not a responsible
business person or entity, or that the applicant, its owners, officers or
employees are unfit to be trusted with the operation of a cardroom
business. In making such determination, the council may consider:
a. Any criminal convictions of the
applicant, its owners, officers or employees, involving theft, embezzlement or
moral turpitude,
b. The commission of any acts by the
applicant, its owners, officers or employees, involving dishonesty, fraud or
deceit with the intent to substantially benefit himself, or another, or
substantially injure another,
c. The license and permit history of the
applicant, its owners, officers and employees, whether such person, in
previously operating in this or another state under a license or permit has had
such license or permit revoked or suspended, the reasons therefor
and the actions of such person thereafter,
d. The business and credit history of the
applicant, its owners, officers or employees;
4. That the applicant has failed to comply
with any of the provisions of the Weed Municipal Code, or other applicable
laws, applicable to the premises, equipment or operation of the business for
which a permit is requested;
5. That the applicant has knowingly made
false statements in his application;
6. That the issuance of the proposed permit
would violate any of the applicable provisions and limitations of this chapter.
C.
Upon approval or conditional approval of a permit by the city council, the
director of finance shall issue a written permit pursuant to the city council
approval, subject to such conditions, limitations and restrictions as required
by the city council. In the case of a partnership, the permit shall be issued
in the name of all the parties.
5.12.090 Cardroom
permit--City council approval required. No person shall be issued any
permit to establish, maintain or operate any cardroom
without first obtaining approval of the permit from the city council. Each
application for a cardroom permit shall be made to
the city clerk, who shall process the application.
5.12.100 Cardroom
permit--Fees. In order to offset the increased cost that shall be incurred
to enforce the regulations concerning cardrooms, the
following fee schedule is established:
A.
A premises permit fee of one hundred dollars per year shall be paid to the
director of finance at the time of the initial issuance of the permit.
B.
A table permit fee of one hundred dollars per table, per year, shall be paid to
the director of finance at the time of the initial issuance of said license for
each table located with the premises, regardless of whether the table is in
constant use or not.
C.
The initial permit shall be issued by the director of finance, with the
expiration date of December 31st of the year that the permit was issued, with
the permit fees prorated on a monthly basis.
D.
No cardroom shall be issued a permit for more than
twenty tables per establishment.
1. No new tables may be added to, or within,
any establishment over and above the number of tables stated or proposed on the
original application without first depositing an additional table permit fee of
one hundred dollars per additional table with the director of finance.
2. In the event that a permittee
wishes to remove tables from the premises, thus reducing the number of playing
tables within the establishment, the city shall not rebate any of the
previously paid table permit fee.
E.
In the event of surrender, suspension, revocation or expiration no permit
investigation fee or permit fee, or any portion thereof, shall be refunded.
5.12.110 Cardroom
permit--Renewal procedures and fees. The holder of an unsurrendered,
unsuspended, unrevoked and valid permit issued
pursuant to the provisions of this ordinance may have a permit renewed by the
director of finance for respective periods of one year only upon the following
terms and conditions:
A.
An application for renewal of any such permit, together with the applicable
fees, shall be filed with the director of finance prior to the expiration date
of the permit for which renewal is sought.
B.
If such application for renewal is not filed or the annual fees paid within the
time specified by subsection A of this section, such permit shall be deemed
revoked at the expiration date of such permit.
C.
Renewal fees for permits shall be the same as those fees charged for new
permits.
5.12.120 Permits nonassignable--Incorporation prohibited--Ownership
restricted. A. Except as otherwise provided in this chapter, no cardroom permit may be sold, transferred or assigned by the
permittee, or by operation of law, to any other
person or persons or any legal entity; any such sale, transfer or assignment,
or attempted sale, transfer or assignment, shall be deemed to constitute a
voluntary surrender of such permit, which shall thereafter be deemed terminated
and void; provided and excepting, however, that if the permittee
is a partnership and one or more of the partners should die, one or more of the
surviving partners may acquire, by purchase or otherwise, the interest of the
deceased partner or partners without affecting a surrender or termination of
such permit, and in such case the permittee shall
thereafter be deemed to be the surviving partners.
B.
A permit issued to an individual permittee shall
terminate at the death of the permittee.
C.
A permittee shall not be allowed to incorporate
subsequent to approval of the permit. Any such incorporation shall be deemed to
constitute a voluntary surrender of such permit, which shall thereafter be
terminated and void.
D.
No person shall, at any time, have any interest, legal or equitable, in more
than one cardroom in the city.
5.12.130 Registration of agents
and employees requirements--Fee--Identification card. A. It is unlawful for
any card club holding a permit under the provisions of this chapter to employ
any person unless such person shall first have been registered by the chief of
police.
B.
Each and every cardroom employee shall present
him/herself at the office Of the chief of police during normal business hours,
at least ten days prior to the beginning or commencement of any such
employment, and be registered.
C.
Each employee shall:
1. Complete an application;
2. Be fingerprinted;
3. Be photographed;
4. Provide any other pertinent, relevant or
material information that the chief of police may require;
5. Certify the contents of the application
under penalty of perjury.
D.
The chief of police shall establish procedures to implement and administer the
provisions of this section.
E.
The chief of police or members of the unit responsible for cardroom
regulations are hereby authorized to obtain criminal history information for
each employee seeking registration.
F.
A fee of thirty dollars will be charged to cover the cost of each employee's
registration, and shall be payable to the city at the time such person shall
present himself or herself for registration.
G.
Within fifteen days after receipt of the above information, the chief of police
shall either grant or deny registration of the applicant, explaining the
reasons for denial.
H.
A registered employee shall be provided with a cardroom
identification card that shall be worn in sight, according to the regulations
established by the chief of police.
5.12.140 Registration of agents
and employees--Denial and revocation conditions. A. If it appears at any
time that good cause may exist for the chief of police to refuse to register an
agent or employee, or to suspend or revoke a previous registration, he/she
shall provide such agent or employee, and the permittee,
with a hearing before the chief of police to show cause why he/she should not
refuse to register such agent or employee, or why he/she should not suspend or
revoke the registration of such agent or employee. Thereafter, if the chief of
police finds good cause therefor, he/she may refuse
to register such agent or employee, or suspend or revoke the registration of
such agent or employee. In the case of a revocation, the employee shall be
given ten days' notice of the revocation hearing, and a statement of facts
supporting such revocation.
B.
The chief of police may revoke the registration of or refuse to register an
agent or employee on any of the following grounds:
1. That the agent or employee has been
convicted of a crime involving theft, embezzlement or moral turpitude;
2. That the agent or employee has committed
any act involving dishonesty, fraud or deceit with the intent to benefit
himself or another substantially, or injure another substantially;
3. That the agent or employee has been
refused, or has had revoked, any license or permit by an agency of government;
4. That the agent or employee has violated
any provisions of this chapter;
5. That the agent or employee has knowingly
made a false statement in his/her application;
6. That the agent or employee has violated
any law or ordinance relating to the operation of a cardroom.
5.12.150 Transfer of
stock--Approval required--Application, investigation and report. A. In the
case of a permittee that is a corporation, any sale,
transfer or assignment of stock therein shall be approved by the city council.
The purchasers, transferees, or assignees shall file an application for
approval of transfer with the city clerk along with a one-hundred-dollar
investigation fee for each proposed purchaser, transferee or assignee.
B.
The application shall contain the names and addresses of each person, and shall
be accompanied by a set of fingerprints clearly identifiable, in the form and
manner and by an agency approved by the chief of police.
C.
Upon receipt of the above information, the chief of police shall examine the
same, and, if it is determined that it fails to comply with the requirements of
this chapter, or does not contain all the information required by this chapter,
the information shall be returned for proper completion with a statement
explaining the deficiencies.
D.
If it does comply, the chief of police shall conduct an investigation thereof.
The chief of police shall have the authority to obtain criminal history
information for each person required to be named therein for the purpose of
determining those who have been convicted or arrested for crimes involving
lotteries, gambling, larceny, perjury, bribery, extortion, fraud, or similar
crimes involving moral turpitude, or crimes involving service or entertainment
businesses catering to the public and determining those who have committed an
act involving dishonesty, fraud or deceit with the intent to substantially
benefit himself or another or substantially injure another. The chief of
police, with respect to each application, shall report to the city council
within ten days of receipt of complying information as follows:
1. The criminal conviction and arrest history
of any of the purchasers, transferees or assignees, and whether the applicant,
its owners, officers or employees have committed any act involving dishonesty,
fraud or deceit with the intent to benefit himself, or another substantially,
or to injure another substantially;
2. The license and permit history of the
applicant, whether such person, in previously operating in this or another
state under a license or permit has had such license or permit revoked or
suspended, the reasons therefor, and the actions of
the applicant subsequent to such action;
3. The business and credit history of the
applicant, its owners, officers or employees;
4. Other relevant information and
recommendations as may be deemed proper;
5. Recommendation as to whether the transfer,
sale or assignment should be approved by the city council.
E.
Where a purchaser, transferee or assignee fails to comply with the requirements
set forth in this section, the permit shall be deemed suspended upon the sale,
transfer or assignment until compliance herewith. No stock transfer shall be
approved that results in any single person except the transferor owning or
controlling, either personally and/or through another legal entity, legal or
equitable interest of greater than forty-nine percent of any corporate permittee. The requirements of this section shall not apply
to involuntary stock transfers to heirs or administrators upon death or
incompetence.
5.12.160 Transfer of
stock--Public hearing on application--Notice requirements. A. After receipt
of a report on the application from the chief of police, the city council shall
set a time and place, not less than twelve days thereafter, at which the city
council will hold a public hearing on the application, at which hearing all
interested parties and any members of the public shall be given a reasonable
opportunity to be heard. The clerk shall post, or cause to be posted, not later
than the eleventh day preceding the date set for hearing, in a conspicuous
place, a written notice which shall:
1. Be entitled in bold letters, "NOTICE
OF HEARING ON APPLICATION FOR TRANSFER OF CARDROOM CORPORATION STOCK";
2. State that an application has been made to
the city council for sale, transfer or assignment of stock of a corporation cardroom permittee;
3. Give notice of the time and place at which
the city council will hold a public hearing on the application;
4. Give notice that any person will be given
a reasonable opportunity to be heard at the public hearing and, in addition,
may file written protests with the city clerk at any time before the conclusion
of the public hearing;
5. Advise all persons that further
information may be obtained by examining the written application on file in the
office of the clerk.
B.
At the time and place set for hearing of an application for a cardroom permit, and/or at such other times and places to
which it may continue the hearings, the city council shall consider the
application and all written protests or objections, and shall give reasonable
opportunity to be heard to all persons who wish to be heard concerning approval
of the sale, transfer or assignment.
5.12.170 Transfer of
stock--Conditions for approval or denial--City council authority. A. Within
thirty days after close of the hearing, the city council shall either approve
or disapprove the application. The transfer may be approved subject to
reasonable conditions, limitations and restrictions. Each transfer approved by
the city council shall be subject to permittee's
compliance with all applicable provisions of this chapter, as well as such
conditions, limitations and restrictions as the city council may specifically
prescribe.
B.
The city council may deny a cardroom stock transfer
for any of the following reasons:
1. That the applicant is not a responsible
business person or entity or that the applicant, its owners, officers, or
employees, are unfit to be trusted with the operation of a cardroom
business. In making such determination, the council may consider:
a. Any criminal convictions of the
applicant, its owners, officers or employees, involving theft, embezzle-mentor
moral turpitude,
b. The commission of any acts by the
applicant, its owners, officers or employees, involving dishonesty, fraud or
deceit with the intent to substantially benefit himself, or another, or
substantially injure another,
c. The license and permit history of the
applicant, its owners, officers and employees, whether such per-son, in
previously operating in this or another state under a license or permit has had
such license or permit revoked or suspended, the reasons therefor,
and the actions of such person thereafter,
d. The business and credit history of the
applicant, its owners, officers and employees;
2. That the applicant has knowingly made
false statements in his application.
5.12.180 Cardroom
permit--Suspension and revocation--Conditions. All permits authorized and
issued under the provisions of this chapter shall be subject to suspension or
revocation under the following conditions:
A.
The permittee has breached a provision of this
chapter; or
B.
The permittee has breached any term or condition upon
which such permit was issued has been breached; or
C.
Grounds exist which would justify denial of an application for such permit if
such application were then pending; or
D.
The permittee or an employee has violated any
statute, or any ordinance of the city, which violation pertains or relates to
the establishment, maintenance or operation of the cardroom
authorized by such permit; or
E.
The permittee has transferred any stock without the
approval of the city council.
5.12.190 Cardroom
permit--Suspension and revocation--Procedures--Appeal. The procedures for
suspension or revocation of permits shall be as follows:
A.
The chief of police may suspend or revoke a permit after a hearing of which at
least three days' notice shall be given to the permittee
of the time, place, and purpose thereof. Such notice may take the format of an
order to show cause, addressed to the permittee,
requiring such permittee to show cause before the
chief of police at a time, date, and place stated why the permit held by such permittee should not be suspended or revoked and which
order to show cause shall set forth the reasons or grounds upon, or for which,
such suspension or revocation is based.
B.
Should the chief of police exercise authority granted him under the authority
of this section, and suspend or revoke the permit of any cardroom,
he/she shall notify in writing the permittee as to
the action taken. Suspension or revocation of permit by the chief of police
shall be effective immediately after notice by the chief of police of his/her
decision.
C.
During such suspension period that may exist or occur as a result of the
immediate suspension by the chief of police, as granted under this section, the
permit will be temporarily null and void, and the playing of cards or any such
use of the tables within such establishment shall be prohibited.
D.
Any permittee dissatisfied with the decision of the
chief of police may file an appeal with the city clerk within seven days after
the decision. Notice of the time and place of the hearing on the appeal shall
be mailed to the permittee at least five days prior
to the hearing. In no case shall the city council hear the matter any later
than ten days after receipt of the notice of appeal by the clerk unless the permittee waives time. The city council shall hear the
matter and may affirm or reverse the action of the chief of police or take any
other appropriate action.
E.
The city council may suspend or revoke a permit after a public hearing of which
at least ten days' notice shall be given to the permittee
of the time, place, and purpose thereof. Such notice may take the form of an
order to show cause, addressed to the permittee,
requiring such permittee to show cause before the
city council at a time, date and place stating why the permit held by such permittee should not be suspended or revoked and which
order to show cause shall set forth the reasons or grounds upon or for which
suspension or revocation is proposed.
F.
At any hearing under this section, the permittee may
appear, either in person or by counsel, or both in person and by counsel, and
may produce and submit any relevant evidence such permittee
may desire, oral or documentary. In the event of revocation, no new permit
shall be issued such permittee.
5.12.200 Operation requirements
and restrictions. It is unlawful for any permittee,
or other person, to violate any of the regulations set forth in Sections
5.12.200 through 5.12.220.
5.12.210 Cardroom
regulations. A. It is unlawful for any permittee,
or other person to violate any of the regulations set forth in this section. No
permittee, or other person in charge or control
thereof shall use, operate, or permit the use or operation of more tables or
units than those for which such permittee holds
current and valid permits to operate or use in the city for which the
prescribed permit fee has been paid to the city. No cardroom
shall have more than the number of card tables for which it has been paid the
appropriate permit fees. No cardroom shall have more
than twenty card tables at any time.
B.
No permittee, or other person in charge or control of
any cardroom operating under any permit held or
issued under the provisions of this section shall permit any person to play in
any game licensed by the provisions of this section at any time while such
person is obviously under the influence of an intoxicating beverage, narcotic
or drug.
C.
No permittee, or other person in charge or control of
any cardroom or premises where card games are
operating under any permit issued pursuant to the provisions of this section
shall permit any person to enter the premises while such person appears to be,
or in the opinion of the permittee, or duly
authorized agents or employees, is obviously under the influence of an
intoxicating beverage, narcotic or drug.
D.
No permittee or other person in charge or control of
any cardroom operating under any permit held or
issued pursuant to the provisions of this section shall permit any person
playing in any of the games subject to permit by this section to make any
single bet or wage in excess of five dollars or at any time during any game to
permit an ante in excess of five dollars total sum anted by players
participating in the game.
E.
No permittee or other person in charge or control of
any cardroom operating under any permit held or
issued pursuant to the provisions of this chapter shall operate or use any
table or unit or manage, conduct, or carry on any business or activity
permitted by this section during any time that such permit issued by the city
has been or is suspended or revoked.
F.
Each and all of the games conducted or operated in the city pursuant to the
provisions of this chapter shall be conducted and operated in full conformity
with, and subject to, all the provisions of the laws of the state and of the
city.
G.
No permittee holding a permit pursuant to the
provisions of this section, and no agent, representative, or employee of such permittee, and no other person in charge or control of any
such permitted premises, games or activity shall: Permit or allow any person
under the age of twenty-one years at any time to be in or upon the cardroom premises covered by or referred to in such permit.
H.
Each cardroom for which a permit has been issued and
is outstanding shall be open for business and be in operation at least eight
hours per calendar day, and five calendar days per calendar week, during each
and every calendar week of each and every calendar year except when prevented
by fire, earthquake or other acts of God.
I.
No person, operator, agent, and/or employee of any duly permitted card club
shall assign, arrange for, or in any other manner sublet, directly or
indirectly, with or without consideration, to any person not having a valid unrevoked permit to conduct such card game. No person shall
conduct or permit such game of draw poker, including five-card lowball draw
poker, or the game of panguingue as provided pursuant
to the provisions of this section, in a card club not having a valid unrevoked permit to conduct such game or games. No person,
operator, agent and/or employee of any duly licensed card club shall permit the
farming out, assigning, or subletting of any games lawfully permitted pursuant
to the provisions of this section.
J.
Only the game of five-card draw poker, including five-card lowball draw poker,
and panguingue (pan), and no other game or games
shall be played or be permitted to be played in an establishment holding a
permit hereunder.
K.
The playing of all card games provided for in this section shall be confined to
the first floor, or the ground floor, of each permitted card club, and no
playing of any games provided for or permitted by this section shall be
permitted to any other location within or upon said premises except locations
for which a permit has been approved.
L.
It is unlawful for any permittee, manager, employee,
or any other person employed by or having any financial interest in any
establishment holding a permit under the provisions of this section, to be
physically present at any time upon said premises without having prominently
displayed, his or her own personal identification card identifying such person
with the card club. Such identification card to be displayed prominently on the
outermost garment at approximately chest height, and such identification card
shall at all times be readable, legible and in good condition. No employee
shall be allowed to commence work or remain upon said permitted premises who
does not possess an identification card as issued by the chief of police.
M.
It is unlawful for any permittee, owner, manager, or
employee of any cardroom holding a permit under the
provisions of this section to play cards or purport to play cards in or upon
the premises in which he, she or they have any financial interest whatsoever,
or in which they are employed, except that a manager or employee may play cards
in or upon the premises in which he or she is employed if he or she plays with
his or her own personal money.
N.
It is unlawful for any permittee, owner, manager, or
person in control of, or person who appears to be in control of any card club
holding a permit under the provisions of this section to hire, employ, engage
or persuade any person to play cards upon or within the premises of any cardroom for the purpose of stimulating play or for any
other reason where such person is to receive any reward, whether financial or
otherwise, present or promised; or whether such reward or revenue is to be
diverted to the cardroom, its owner, permittee, manager, or any other person whomsoever with any
financial interest in the card club. It is unlawful for any person to perform
any function described in this subsection within a permitted cardroom of this city.
0.
It is unlawful for any permittee, owner, manager,
employee or any other person associated with, employed by, or acting as agent
for, any card club permittee under this section, to
engage in the lending of money, chips, token, or anything of value, either real
or promised, to any customer, player, or any person for the purpose of allowing
that person to eat, drink or play cards within the cardroom.
This section shall also prohibit such lending of above-described items of value
outside of the premises when the intent is that they shall be used, expended or
otherwise utilized within the card club or any card club.
P.
The use of personal checks, or any other writings, either current or postdated,
for the purpose of avoiding or evading the prohibitions contained in subsection
0 of this section is prohibited.
Q.
It is unlawful for any permittee, owner, manager, or
employer or any person operating under a permit issued under the authority of
this section to operate, maintain, or purport to maintain any house bank,
player's bank, employee bank, or any system similar thereto, whereby a person
may deposit, draw or maintain any account of credit of money, chips or other
items of value.
R.
It is unlawful for any person to play, or permit the playing of any game
regulated or referred to by the provisions of this section at any place within
the city except a place operated under a permit issued pursuant to the
provisions of this section.
S.
It is unlawful for any person to play in any game at any place of business for
which a permit has been issued pursuant to the provisions of this section,
which game is not permitted by the provisions of this section, or in any game
played in violation of any rule or regulation adopted by the city council
regulating the games permitted pursuant to the provisions of this section, the
only games permitted by the provisions of this section being the game of draw
poker, lowball and panguingue which games may be
played pursuant to the provisions of this section. All games of chance are
prohibited.
T.
It is unlawful for any person to play, or allow or permit to be played, at any
place of business permitted pursuant to the provisions of this section any
variation of the game of draw poker wherein five cards are not originally dealt
to each player, or wherein each player shall draw any greater or lesser number
of cards than the number of cards originally discarded prior to the draw, or in
any game played in violation of any rule or regulation adopted by the city
council regulating any game permitted under the provisions of this section.
U.
It is unlawful for any permittee or other person
operating, managing, or conducting any game or business under any permit issued
pursuant to the provisions of this section, or any of their agents, servants,
representatives, associates, or employees, for the purpose or with the
intention of directly or indirectly offering, furnishing, providing, affording,
showing, exhibiting, or distributing, or permitting the offering, to any person
in, upon, or near such cardroom premises any money,
merchandise, show, entertainment, dancing, vaudeville, circus, or other
theatrical or terpsichorean or histrionic act, fortune telling, magic or
sleight-of-hand exhibition, or amusement, or any combination thereof, whether
vocal, physical, mechanical or otherwise, or any representative thereof or of
value, or the use of any amusement device as a free gift premium, attraction,
enticement or reward to enter or remain in or about such place or premises or
to attend or participate in any game or activity conducted therein, whether the
same is distributed by lot, hazard or chance or for a direct or indirect charge
or fee or in any other manner, or is offered, furnished, provided, afforded,
shown, exhibited, tendered or distributed free of any fee or charge as a gift.
It is provided, however, that the playing of standard radio broadcast programs,
or the showing and playing of regular standard televised broadcasts, or the
playing of standard recorded or live music or audio programs or wired musical
programs shall not be deemed a violation hereof.
V.
It shall be the responsibility of each and every cardroom
permittee under the provisions of this section to
post the regulations as established by this section as follows:
1. One set of regulations shall be posted for
every five tables within the establishment;
2. Each set of regulations so posted shall be
in a conspicuous location within the establishment;
3. The owner, permittee,
or manager shall be responsible to ensure that all his employees have read and
understand all such regulations.
W.
All cardrooms shall make available literature
published by "Gamblers Anonymous" in an easily visible lo-cation in the cardroom.
5.12.220 Cardrooms
open to inspection. All card clubs shall be open for inspection to the
chief of police or his duly authorized representatives without search warrant
during all normal business hours, and any such chief or representative may
seize any evidence of any violation of this section without a search warrant or
other legal process.
5.12.230 Cardrooms
located in barrooms. Any barroom in which is situated a cardroom
shall be so designed, constructed and maintained so that any part thereof
containing alcoholic beverages can be locked and closed so that the same may
not be entered from the cardroom area and shall be so
locked and closed from two a.m. to eight a.m. of each day, and no one in the cardroom between the hours of two a.m. and eight a.m. of
any day shall have any key or any means of any name or nature whereby entrance
to such barroom area may be effected at any time during the hours of two a.m.
to eight a.m. of any day, and no alcoholic beverages may be dispensed or
consumed in any cardroom between the hours of two
a.m. and eight a.m. of any day.
5.12.240 Violations.
Violation of any provision of this chapter is a misdemeanor and punishable as
such.