§ 5.16.020. License requirements.

A.

License Required for Dealers and Employees. Any person who engages in the business of a card dealer within the city shall have a valid license issued by the city to engage in such business, and it is unlawful for a person to engage in such business in the city without a valid license. All card room dealers and employees shall be required to obtain a license from the chief of police. In addition, all card room dealers and employees are required to submit to a fingerprint based criminal history background check by the Department of Justice. The chief of police shall deny said license for any of the following reasons, as set forth in California Business and Professions Code Section 19850A(a):

1.

Failure of the applicant to clearly establish eligibility and qualification in accordance with California Business and Professions Code, Division 8, Chapter 5;

2.

Failure of the applicant to provide any information, documentation, and assurances required by said chapter of the Business and Professions Code or requested by the director of the Division of Gambling Control, Department of Justice, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria;

3.

Conviction of the applicant for any crime punishable as a felony;

4.

Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the ten-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, 1203.45 of the Penal Code;

5.

Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code;

6.

Wilful and obstinate defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code; or

7.

The applicant is less than twenty-one (21) years of age.

The Department of Justice's Division of Gambling Control may object to the issuance of a license by the city for any cause deemed reasonable by the Division.

B.

License Revocation and Appeal.

1.

By the chief of police: the chief of police may refuse to issue or may revoke the license of a card room dealer or employee at any time if, in his judgment, such action is necessary. A person whose application for a license is denied or a person whose license is revoked, if the decision to deny or revoke was made solely by the chief of police, may appeal the action of the chief of police to the city council.

2.

By the Division of Gambling Control: if the Division objects to the issuance of a license, the license shall be denied. Any person whose application for a license has been denied because of an objection by the Division may apply to the California Gambling Commission for an evidentiary hearing in accordance with regulations. In addition, the California Gambling Control Commission may notify the chief of police to revoke a license, if the Commission makes the necessary findings after a hearing, pursuant to California Business and Professions Code Section 19912A. (Editorially amended during 12/99 supplement; Ord. 536 (part), 1999: Ord. 283 § 2, 1974)