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Home My WebLink AboutMINUTES - 01181994 - 1.7 (3) 1.70 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _Janury 18, 1994 by the following vote: AYES: Supervisors Smith, Bishop, McPeak, Torlakson, Powers NOES: None ABSENT None ABSTAIN: None SUBJECT: Consolidation of Elections IT IS BY THE BOARD ORDERED that the County Clerk is AUTHORIZED to consolidate the following elections with the April 12, 1994, Special Municipal Election: a) City of San Pablo; b) Liberty Union High School District; and c) Orinda Union School District. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of tha Board of Supervisors on the date shown. ATTESTED: 1.. /"V_ _. PHIL ATCHELUH,Cl rk off tKeBoard of Supervisors and County Administrator Deputy cc: County Clerk-Elections Auditor-Controller City of San Pablo Liberty Union High School District Orinda Union School District RESOLUTION NO. 94-05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO INTRODUCING ORDINANCE NO. 94-001, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION, AND APPROVING THE TITLE AND LANGUAGE FOR A BALLOT MEASURE TO ALLOW AND REGULATE GAMING IN THE CITY OF SAN PABLO WHEREAS, a proposal has been submitted to the City Council for the establishment of one sixty table gaming club in the City; and WHEREAS, such a gaming club is not presently allowed in the City, pursuant to ordinance adopted by the City Council. in December , of 1954 ; and WHEREAS, Ordinance No. 94-001 has been drafted by the City Attorney, which ordinance amends the San Pablo Municipal Code to legalize gaming clubs in the City under strict regulations for the purpose of creating new jobs and new revenue for the City; and WHEREAS, the City of San Pablo has the highest unemployment rate and the lowest per capita income of the cities of Contra Costa County, and is in dire need of such jobs and revenue; and WHEREAS, the City Council desires that the people of the City of San Pablo decide in a special election whether such ordinance shall become law, -1 NOW, THEREFORE, the City Council of the City of San Pablo hereby resolves as follows: 1. There is hereby called and ordered in the City of San Pablo., County of Contra Costa, on Tuesday, April 12, 1994, a special municipal election of the qualified electors of said City for the purpose of submitting to the voters a City measure as listed in paragraph 3, below, 2 . Ordinance No. 94-001 is hereby introduced for purposes of identification. Such ordinance shall become effective only if a majority of the qualified electors of the City voting at the April 12, 1994 election vote "yes" to the City measure included on such ballot, as set forth in paragraph 3 below. 3 . The exact form of the proposition to be voted upon is as follows: MEASURE: CITY OF SAN PABLO GAMING ORDINANCE Shall ordinance No.' 94-001 be enacted to allow and regulate gaming (card) clubs in the C-1 light commercial zoning district in the City of San Pablo, at which any games permitted by law, such as draw poker, low ball poker, and panguinque (pan) , may be played? Yes No 4. All costs of the election, including City costs for staff time and costs billed by the Contra Costa County Elections Division are to be paid by the applicant. 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the office of the City Clerk and with the Contra Costa County Clerk. Adopted the 3rd day of January 1994, by the following vote to wit: AYES: COUNCILMEMBERS Brown, Vigil, Gomes, Angela, Wysinger NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ATTEST: APPROVED: Isl Charlotte Maggard Isl Shirley R . Wysingpr Charlotte Maggard, City Clerk Shirley R. Wysinger, Mayor bl:gaming2.res I HEREBY CERTIFY THAT THE FOREGOING IS A FU TRUE AND CORRECT Copy C/ CITY C RESOLUTION NO. 94-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO REQUESTING CONSOLIDATION OF ELECTIONS, REQUESTING THE SERVICES OF THE COUNTY CLERK, AND AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS CONCERNING A SPECIAL MUNICIPAL ELECTION TO ALLOW AND REGULATE GAMING CLUBS IN THE CITY OF SAN PABLO WHEREAS, a proposal has been submitted to the City Council for the establishment of one sixty table gaming club in the City; and WHEREAS, such a gaming club is not presently allowed in the City, pursuant to ordinance adopted by the City Council in December of 1954; and WHEREAS, Ordinance No. 94-001 has been introduced by the City Council for the purpose of identification, which ordinance amends the San Pablo Municipal Code to legalize gaming clubs in the City under strict regulations for the purpose of creating new jobs and new revenue for the City; and WHEREAS, the City of San Pablo has the highest unemployment rate and the lowest per capita income of the cities of Contra Costa County, and is in dire need of such jobs and revenue; and WHEREAS, the City Council desires that the people of the City of San Pablo decide in a special election whether such ordinance shall become law, and has called a special municipal election for April 12, 1994, at which the following Measure will be submitted: MEASURE: SAN PABLO GAMING ORDINANCE Shall Ordinance No. 94-001 be enacted to allow and regulate gaming (card) clubs in the C-1 light commercial zoning district in the City of San Pablo, at which any games permitted by law, such as draw poker, low ball poker, and panguingue (pan) , may be played? NOW, THEREFORE, the City Council of the City of San Pablo hereby resolves as follows: 1. The special municipal election of the qualified electors of the City of San Pablo, County of Contra Costa, to be held on Tuesday, April 12, 1994, shall be, and is hereby ordered consolidated with all other elections held within the City on that date. Within the territory affected by the consolidation, the election shall be held and conducted, election officers appointed, } voting precincts designated, ballots printed, polls opened and J 1 i i 1 a i t i s closed, ballots counted and returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating consolidated elections. 2 . Pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of Contra Costa County is hereby requested to consent and agree to the consolidation of the special municipal election with any General or Special District or Statewide election to be held in the same territory on Tuesday, April 12, 1994. 3 . The County Clerk of Contra Costa County is hereby authorized to canvass the returns of this special municipal election, and this election shall be held in all respects as if there were only one election. Only one form of ballot shall be used and the returns of the election need not be canvassed by the City Council. The canvass shall be made in accordance with the provisions of Division 12 (commencing with Section 17000) of the Elections Code. The County Clerk shall declare the results of the canvass of the returns of this special municipal election, based on the certified statement of results submitted by the Registrar of Voters. 4. The Board of Supervisors of Contra Costa County is hereby requested to permit the Contra Costa County Clerk to provide such services as may be necessary to properly and lawfully hold and conduct a special municipal election in the City of San Pablo on April 12, 1994, including, but not limited to, the providing and printing of ballots and polling cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. 5. The City of San Pablo recognizes that additional costs will be incurred by the County of Contra Costa by reason of this consolidation and agrees to reimburse the County for these additional costs. 6. The text of the ordinance to be voted on is attached as Exhibit A. 7. The polls for this election shall be opened at 7: 00 a.m. of the day of this election, and shall remain open continuously until 8:00 p.m. of the same day, when the polls shall be closed, except as provided in Section 14301 of the California Elections Code. 8. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 2 1 L r 1 9. The notice of the time and place of holding the election is given and the City Clerk is directed to give further or additional notice of the election in the time, form and manner as required by law. 10. The City Clerk shall fix and determine a date for submission of arguments for or against said Measure, and said date shall be posted in the Office of the City Clerk. . 11. The City Council authorizes Sharon Brown, Councilmember, and Joseph Gomes, Councilmember, with such citizens as they choose, to file a written argument in favor of the City measure as specified above, in accordance with Article 4, Chapter 3, Division 5 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk. Written argument for or against the measure shall not exceed 300 words in length. The argument shall otherwise conform to and comply with all applicable provisions of the Elections Code of the State of California. 12 . The City Clerk is hereby directed to submit to the City Attorney a certified copy of the measure. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the Registrar of Voters, or other appropriate officer of the County of Contra Costa, for printing by the date set by the City Clerk for the filing of arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects- with the applicable provisions of the Elections Code of the State of California. 13 . The City Clerk is hereby directed to file with the Board of Supervisors of Contra Costa County and the Contra Costa County Clerk a certified copy of this Resolution, and to take all other actions necessary to effectuate the directives of this Resolution. 3 i 14 . This Resolution shall be effective upon its adoption. wit: Adopted the 3rd day of January 1994, by the following vote to AYES: COUNCILMEMBERS Brown, Vigil, Gomes, Angela, Wysinger NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ATTEST: APPROVED: 1sf Charlotte Maggard fs/ Shirley R. Wysinger Charlotte Maggard, City Clerk Shirley R. Wysinger, Mayor bl:gaming.rea 111� fpfff CERTIFY ZnFA FOREGONV UTUE l el ry FCTMI � s C Y C!. 4 ORDINANCE NO. 94-001 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AUTHORIZING THE ESTABLISHMENT AND OPERATION OF GAMING CLUBS IN THE CITY OF SAN PABLO, AND AMENDING THE ZONING CODE TO ALLOW GAMING CLUBS IN THE C- 1 ZONE SUBJECT TO A USE PERMIT. The People of the City of San Pablo do hereby ordain as follows: SECTION 1. Title 9, Chapter 4 of the San Pablo Municipal Code is hereby repealed. SECTION 2. Title 9, Chapter 4 of the San Pablo Municipal Code is hereby adopted to read as follows: 9.04.010 Findings and Purpose 9. 04.020 Definitions 9.04. 030 No Vested Right 9.04.040 Licenses: Required 9.04.050 Limitation on Number of Licenses 9.04. 055 Multiple Applications 9. 04. 060 Licenses: Applications 9. 04.070 Application Fee 9.04. 080 Business License Taxes 9.04.090 Licenses: Conditions 9.04.100 Investigations and Reports 9.04. 110 Granting and Denying of Application 9.04.120 Grounds for Denial of Application 9.04. 125 License Amendment 9. 04. 130 Licenses: Suspension and Revocation 9.04.140 Suspension and Revocation: Procedure 9.04. 150 Employee Work Permits 9. 04 . 160 Work Permits: Suspension and Revocation 9. 04. 170 Transfer and Assignment of Licenses 9.04. 180 Pointholders: Applications for Sale or Transfer of Points . 9. 04. 190 Pointholder Investigation Required 9.04.200 Pointholder License Fees 9.04.210 Pointholder Granting or Denying of Application 9. 04.220 Pointholder Investigations: Updating 9.04.230 Application of Provisions to Continuing Pointholders 9. 04.240 Pointholder Divestment 9.04.250 Corporate Pointholders 9. 04.260 Pointholder Death 9.04.270 Rules and Regulations 9.04.280 Alcoholic Beverages 9. 04.290 Record Keeping and Audits 9. 04. 300 Loans 9. 04.310 Cheating Definitions 9.04.320 Cheating Techniques Generally 1 EXHIBIT A 9.04.330 Management Cooperation with Surveillance Personnel 9.04.340 Dealing Other Than Top Card 9. 04.350 Stacked Deck 9.04 .360 Concealed Cards 9.04. 370 False Cut 9. 04. 380 Marked Cards 9. 04. 390 Mechanical Devices 9. 04.400 Aiding and Abetting 9.04.410 Police Department's Responsibility 9. 04.420 Removal of Persons From Gaming Club Premises 9.04 .430 Exclusion of Undesirable Persons 9. 04.440 Notice and Order of Exclusion 9. 04.450 Exclusion Hearing 9. 04.460 Enforcement of Order--Civil Remedy 9. 04.470 Indemnification 9.04.480 Architectural and Sign Control 9.04.490 Campaign Contributions 9.04.500 Unlawful Interests 9. 04.510 Violations 9.04.520 Non-severability With Respect to Taxes and Fees; Severability with Respect to Remaining Provisions 9. 04.530 Limitations of Actions 9. 04.010 FINDINGS AND PURPOSE The operation of gaming clubs within the State of California in strict compliance with its gaming laws has been demonstrated to be a successful means of generating revenues for local governments. It is found and determined that, with the City's present population, one gaming club, in which only those games permitted under the laws of California are played, if authorized by the City Council, shall be allowed in the City of San Pablo for the purpose of creating new jobs and new revenue for the San Pablo community. It is found that the public health, safety and welfare require the establishment of regulations pursuant to, and in conformity with, the State Gaming Registration Act. The City finds it necessary to regulate, among other things: (a) The persons who will own, operate or be employed in gaming clubs. (b) The number and size of gaming clubs in the City. (c) The operation of gaming clubs in the City. (d) The issuance of permits and licenses, including limitations on transfer and assignment, for gaming clubs. 2 9.04.020 DEFINITIONS For the purposes of this chapter, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary: (a) "Applicant" shall mean any person or entity filing an application with the City seeking a gaming club license, permission to transfer pointholder interest, or a work permit. (b) "Beneficial Interest" shall mean that interest in a gaming club held by the beneficiaries of a trust which, as part of the corpus thereof, hold a financial interest in such gaming club. (c) "Gaming Club" shall mean a business or enterprise licensed under the provisions of this chapter for the playing of gambling games permitted under the laws of the State of California, provided such games are approved by license, ordinance or resolution of the City Council. (d) "Card Games" shall mean any games played with cards or other devices for money, checks, credits or any other thing of value, which are permitted under the laws of the State of California, provided such games are approved by ordinance or resolution adopted by the City Council. (e) "Cardroom" shall mean and include that area or areas within the gaming club in which card games are conducted. Any license issued hereunder shall designate such card room areas. (f) "Card Table" or "Table" shall mean any table or any other surface upon which any card game is played. A table shall commonly accommodate no fewer than four (4) players. (g) "Commence" shall mean and include commence, begin, initiate, start, open and establish. (h) "Conduct" shall mean and include conduct, transact, maintain, prosecute, practice, manage, permit, allow, suffer, operate and carry on. (i) "Employee" shall mean any person employed by a licensee, with or without compensation, in a gaming club, and either participates as a dealer in a card game or is in charge of the operation and is required to supervise card tables, or is a proposition player or an agent of the licensee. Anyone who is required to routinely enter into the card playing area during the course of their duties is considered an employee. The term employee includes independent contractors and all security personnel, but does not include a bartender, kitchen worker or any other person not connected with the card room operation. 3 y y ' a y (j) "Financial Interest" means any direct or indirect interest in the management, operation, ownership, profits or revenue (gross or net) of a gaming club. A "Direct Financial Interest" means a monetary investment in a gaming club and/or the premises and business enterprises directly related to it. An "Indirect Financial Interest" means owning one percent (1%) or more of an entity, i.e. , any business, corporation, joint venture, partnership or trust that in turn has a Direct Financial Interest in a gaming club. Provided, however, that if the State of California allows publicly-owned corporations to own gaming clubs, only those shareholders required by the State to register shall be deemed to have a "financial interest" under this ordinance. (k) "Gross Revenue" shall mean and include the total amounts received or receivable for seat rental fees, admission fees, tournament fees, table revenues, and any and all other revenues derived from gaming activities conducted on or within the premises, except for revenue received from the sale of food or beverage through restaurant, bar or similar operations, or facility rentals, parking or merchandise sales. (1) "License" shall mean a license or permit for the playing of only those games permitted under the laws of the State of California and by City Council ordinance or resolution. (m) "Manager" shall mean any agent or employee of a licensee whose duties include, but may not be limited to one or more of the following: (1) The making or changing of policy; (2) Hiring or firing employees; (3) Generally exercising independent judgment in the operation of the gaming club. A Manager need not have a financial interest in the licensee. (n) "Owner" shall mean every person, firm, association, partnership, corporation, joint venture or other entity having any interest, legal or equitable, in any gaming club or gaming club license. (o) "Person" shall mean and include a natural person, firm, association, partner, corporation, joint venture or any other legal entity which owns, operates, or proposes to operate a gaming club in the City. (p) "Pointholder" shall mean any person, beneficiary of a trust, or any legal entity having any financial or beneficial interest in the ownership, division of profits, or revenue of a gaming club, whether legal or equitable, including all stockholders of any entity having a financial or beneficial interest in such license. (q) "Proposition Player" shall mean an employee engaged, or paid by the licensee for the purpose of starting and/or maintaining a sufficient number of players in a card game. 4 Proposition players shall play with their own money. (r) "Purport to commence" and "Purport to conduct" shall mean and include any showing, representation, indication or action which: (1) By means of sign, advertisement, or advertising matter, whether in, upon or about any premises or otherwise; or (2) By the appearance or arrangement of any premises; or (3) By acts or statements of any person, or by the agents, servants, or employees of any person, indicates, suggests, holds out, or represents that any person is, would be, or appears to be conducting or in a position to conduct any business referred to in this chapter within the City. 9.04. 030 NO VESTED RIGHT This chapter does not create any vested or other property right of any kind in any licensee, pointholder, employee, person or entity. The City reserves the right and power to, at any time, amend or modify the provisions of this chapter, and to otherwise regulate or prohibit any privilege exercised hereunder. This reservation includes but is not limited to the right of the City to enact or amend rules and regulations, and to amend, from time to time, a license issued pursuant to the terms of this chapter, by resolution of the City Council. The issuance of any such license shall not be deemed a waiver by the City of such right or power to amend such license or the provisions of this chapter. 9.04. 040 LICENSES: REOUIRED (a) It shall be unlawful for any person to commence or conduct, or purport to commence or purport to conduct, within the City any business, activity, enterprise or undertaking, wherein tables or other items or units of furniture are used directly or indirectly for playing cards or card games and for the use of which a fee, commission, or compensation is directly or indirectly charged, accepted, or received from players or participants in any such playing of games until such person shall have first obtained a license to do so in accordance with the provisions of this chapter, and a conditional use permit pursuant to the City's zoning ordinance. This chapter regulates the owners of the gaming club, and not the land upon which it is located. Under no circumstances shall any conditions attached to any such license be construed to turn such license into a conditional use permit whose transfer may not be restricted by the City. It is unlawful for any person to bet at, or against, any card game except as allowed by this 5 chapter. (b) No application for a license for the conduct of any game and/or business under this chapter shall be received, filed or processed by the City Manager, not shall a public hearing on the same be conducted: (1) When the application would result in the number of current and valid licenses for gaming clubs in the City, when added together, exceeding the total number provided in Section 9. 04.050 of this chapter; or (2) When the application contemplates less than thirty (30) licensed tables or units, or an aggregate size or area under one roof of less than 30,000 square feet; or (3) During the term of any exclusive application agreement between the City and any other applicant. (c) The City Council may regulate the terms and conditions for operation of a gaming club, including but not limited to permissible hours of operation of such gaming clubs, the games to be played, and wagering limits, through resolution or the imposition of conditions of approval attached to the issuance of a license under this chapter, or to the issuance of a use permit as may otherwise be required under this Code; provided, however, that in no case shall individual bets higher than $300.00 be allowed other than in authorized tournaments. (d) For the purposes of this chapter, any license issued by the City shall be deemed current and valid, and shall remain in full force and effect: (1) during processing of registration applications with the Attorney General; (2) during the time any other approvals necessary for development or operation of the gaming club, whether issued by the City or another government entity, are being diligently sought by licensee; (3) during the time any challenge is being pursued against the City's issuance of the license or against any other approval granted by the City or another government entity. 9.04.050 LIMITATION ON NUMBER OF LICENSES Except as otherwise may be required by law, the number of current licenses for gaming clubs in the City which may be authorized and outstanding, when added together, shall not at any time exceed the following limits: 6 Population of City Maximum Number Authorized 0 - 40, 000 One 40,001 - 60, 000 Two 60, 001 - 80, 000 Three 9. 04.055 MULTIPLE APPLICATIONS In the event that there are less gaming licenses available than there are applications, the license shall be granted to the qualified applicant whom the City Council, in its sole discretion, determines best meets the following criteria: (a) Least disruptive location to the residents of the City of San Pablo; (b) Greatest likelihood of faster processing of application, as indicated by time of submittal of application; (c) Best program for policing the operation; (d) Greatest income potential for the City of San Pablo; (e) Best potential for quality operation; and (f) Any other considerations that will protect the public interest. 9. 04. 060 LICENSES: APPLICATIONS Any person proposing to commence or conduct a gaming club shall file an application with the City Clerk and City Manager, supply the information and pay the fees as provided herein. Each such application shall be verified and made under penalty of perjury. Each application shall set forth, in addition to such other information as the City Manager may require, the following information: (a) The date of the application. (b) The true name of the applicant. (c) The status of the applicant as being an individual, firm, association, co-partnership, joint venture, corporation, or other entity. (d) If the applicant is an individual, the residence and business address of such applicant, and his or her social security 7 number and driver's license number. (e) If the applicant is other than an individual, the name, residence, and business address of each of the co-partners or members of the firm, co-partnership, trustor, trustee or joint venture and the name, residence and business addresses of each of the officers and directors of the association or corporation applicant. (1) The name of any corporation applicant shall be set forth exactly as shown in its articles of incorporation charter, together with the state and date of incorporation, any identification numbers or other identifying designations, and the names and addresses of all officers, directors and shareholders of the corporation. (2) An application submitted by a partnership shall identify each of the partners, including limited partners. A license issued to a partnership shall be issued in the name of all the general partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporation applicants shall apply. (f) The names and addresses of all proposed managers. (g) A description of the building and the proposed location of the business for which the license is sought. (h) The games proposed to be played shall be designated and described in detail. (i) The maximum and minimum number of tables or other units to be placed, employed, or used for the playing of card games. (j) A copy of the proposed house rules for players. (k) A description of any other business conducted or proposed to be conducted at the same location. (1) A complete description and layout of all security measures and plans proposed for the gaming club (both physical and operational) , which shall be a confidential document and not open to public inspection. (m) A complete description of all plans, both physical and operational, for the handling of money, including but not limited to provisions, if applicable, for: (1) Purchase of chips and protection against counterfeit chips; (2) Procedures for bringing money to or removing money from the premises. 8 t (n) An independent evaluation of the internal accounting and administrative control system proposed. The City shall have the right to review and approve the accounting procedures of each licensee before such accounting procedures can be put into effect. (o) An authorization for City to obtain any available criminal offender record information relating to applicant, and a further authorization for the updating of such information on an annual basis if a license is granted. (p) A statement that such building will conform to all the laws of the State and the City for uses of the nature proposed. (q) A statement that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all the laws of the State of California, ordinances and regulations of the City of San Pablo and that any violation of any such laws, ordinances, or regulations in such place of business, or in connection therewith, shall render any such license subject to suspension and revocation. (r) A statement that the applicant has read the provisions of this chapter and particularly the provisions of this section and understands the same. (s) A full and complete financial statement of the applicant, whether it is an individual, corporation, partnership or other entity, and a full and complete financial statement of each person to be a partner of the applicant, regardless of whether the partner is to be a limited partner or general partner, and a full and complete financial statement of each officer and/or director of the corporation or other entity. Any information obtained pursuant to the provisions of this section or any statement filed by the licensee shall be deemed confidential and shall not be subject to public inspection except in connection with the enforcement or administration of the provisions of this chapter, or as may be required by the California Public Records Act. (t) A statement that the licensee shall make the premises and gaming club records available for inspection to the Chief of Police, Finance Director or designated representatives thereof, at any time and without first obtaining a search warrant. (u) A statement that the applicant understands that the application shall be considered by the City Council only after a full investigation and report has been made by the City Manager and/or designees, and that any approval will be conditioned upon the owner obtaining registration under the Gaming Registration Act prior to commencing gaming club operations. No license shall become effective or operative in any manner until and unless the applicant and all pointholders hold a valid registration issued by 9 the Attorney General. (v) A statement containing the indemnity provisions set forth in Sections 9.04.090 and 9. 04.470 of this chapter. (w) A statement that the applicant understands and consents to the inclusion of any criminal convictions or arrests in any report to the City Council that the Chief of Police deems relevant and necessary concerning any person named in the application, together with a signed authorization by applicant and all pointholders authorizing release of information to the San Pablo Police Department. (x) Such other information as may be required by the City. An applicant accepts all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, approving or disapproving any application, and a waiver of any claims for damages against the City or its agents resulting therefrom shall be presumed upon the filing of an application. 9.04 . 070 APPLICATION FEE Each application for any license shall be accompanied by an application fee of Five Thousand Dollars ($5, 000) which shall be retained by the City for the payment of the costs of investigation, processing of the application, and public hearing and notice costs, and which shall be non-refundable. The amount of such fee may be increased or decreased from time to time as may be necessary by City Council resolution. If such fee is insufficient to cover reasonable investigatory costs, the City may charge and applicant shall pay an additional amount sufficient to cover the cost of investigation. 9. 04.080 BUSINESS LICENSE TAXES (a) Imposition of Business License Taxes. It shall be unlawful for any person issued a license pursuant to this chapter to operate a gaming club without paying the business license taxes hereinafter prescribed. The business license taxes imposed herein are intended for revenue only and are not regulatory fees for the cost of administering the provisions of this chapter. They shall be general taxes deposited in the City's general fund. The license tax shall be paid monthly to the City. Payment for any calendar month shall be made on or before the tenth (10th) day of the succeeding calendar month. The sum of $22,500 shall be paid to the City when the license is issued, which sum shall be 10 applied against the monthly license tax due for the first month of operation. This advance payment shall be the absolute property of the City and shall not be refunded or prorated for any reason. (b) Business License Tax: Amount. (1) During the first twelve (12) months of operation, licensee shall pay to the City a monthly business license tax as follows: Total Monthly Gross Revenue Monthly Tax First $ 0 to $1,000,000 10.0% plus $7,500 Next $1,000, 001 to $2, 000, 000 12 .5% Over $2, 000, 000 15.0% Following the first twelve (12) months of operation, the same tax rate shall apply; provided, however, that regardless of the total monthly gross revenue, the minimum monthly tax shall be at least $91,500. (2) Should any tournament be held, ten percent (10%) of the total entry fees shall be included in addition to the total monthly tax specified above. (3) For any non-gaming business operations on the premises, including but not limited to food and beverage service or rental of facilities, licensee shall pay to City a monthly business license tax as set forth in Section 5.04.220, as it may be adjusted or amended, for fixed places of business, or as set forth in any more applicable section, as determined by the Finance Director. All procedures set forth in Title 5 Chapter 4 of the San Pablo Municipal Code relating to business licenses shall be applicable to such non-gaming operations. (c) Statement of Revenue. Each licensee shall file with the City before the tenth (10th) day of each calendar month a reporting form approved by the City Manager, under penalty of perjury, showing the true and correct amount of gross revenue derived from the gaming club for the preceding calendar month. Such statement shall be accompanied by the payment of the correct amount of taxes due and owing in accordance with the provisions of subsection (b) of this section. Such sums correctly reflecting the monthly fees payable for the preceding month shall be accepted by the City; subject, however, to the future right of the City to audit the matters referred to in any such statement and to determine the correctness of the figures and the amounts payable to the City pursuant to the provisions of subsection (b) . 11 T (d) Audit of Reports. (1) Licensee shall arrange for a certified public accountant approved by the City Manager to audit the books, documents, records and accounts relating to the gross revenues of the licensee at the end of the licensee's fiscal year. The report of such accountant and all work papers utilized in the preparation of such audit shall be submitted to the City Manager. The City Manager, or his designee, shall review the report and work papers and may require any further information from the licensee. The City Manager may submit such documents and information to a certified public accountant for review. (2) In addition to the audit required above, the books, records, and accounts of any gaming club may be audited by the City at any time. Upon request of the auditor, licensee shall provide to the auditor copies of licensee's state and federal income tax returns, which shall be kept confidential and shall not be disclosed other than as necessary to carry out the purposes of this section. In the event a City conducted audit discloses an underpayment in excess of 2% in any one month, the full cost of the audit shall be borne by the licensee. Any information obtained pursuant to the provisions of this section or any statement filed by the licensee shall be deemed confidential and shall not be subject to public inspection except in connection with the enforcement or administration of the provisions of this chapter, or as may be required by the California Public Records Act. (e) Refusal to File, Pay Fees or Taxes or Permit Inspection of Records. Any failure or refusal of such licensee to timely make and file any required statements, or to pay such fees or taxes when the same are due and payable in accordance with the provisions of this chapter, or to permit inspections of such books, records, and accounts of such licensee, shall constitute full and sufficient grounds to revoke or suspend the license. (f) Delinquent Business License Taxes; Penalties; Interest. Penalties for late payment shall be assessed in accordance with Section 5. 04.210 of this Code. (g) Business License Tax a Debt: Attorneys' Fees. The amount of any business license tax, penalties and interest imposed by the provisions of this chapter shall be deemed a civil debt to the City. The City may pursue any legal remedies for the collection of any delinquent business license tax, penalties, interest and all administrative costs " incurred in connection therewith, including attorneys' fees. (h) Business License Taxes Not Refundable. In the event of the cessation of business by a licensee, whether voluntary or involuntary, no refund of any tax shall be made. 12 9. 04. 090 LICENSES: CONDITIONS (a) All licenses granted by the City Council shall be deemed conditioned so as to require compliance with all of the terms, conditions and provisions of this chapter as well as all applicable laws of the City, State and Federal governments. No license shall be valid unless the licensee obtains and maintains a valid and current registration from the Attorney General pursuant to the Gaming Registration Act. By applying for a license, the applicant agrees to a condition in the license granted that the licensee shall indemnify, defend and hold harmless the City and Redevelopment Agency, its officers and employees, from any and all claims, actions, judgments and damages, including but not limited to award of attorney fees, against the City and Agency, its officers or employees, directly or indirectly related to issuance or validity of such license or any other permit required by law, or to the exercise of City's Public Records Act discretion under this chapter or to the enforcement of Section 9.04. 050. In addition to the above, the City Council may impose specific conditions upon the license or other required permits which, in its discretion, it deems necessary to ensure compliance with provisions of this chapter and to protect the health, safety and welfare of employees, patrons, and the residents of the City. (b) A violation of any condition of any license or other permit is hereby deemed to be a violation of the provisions of this chapter and is deemed sufficient grounds for license revocation or suspension, imposition of fines, or other action determined appropriate by the City Council. All terms and conditions specified in any license shall be enforceable as if set forth in this chapter. 9.04. 100 INVESTIGATIONS AND REPORTS (a) The City Manager shall cause the applicant, including all parties, officers and directors, all present and proposed managers and all pointholders to be investigated. An investigation shall also be made of the building and location where the applicant proposes to conduct such business or activity. (b) Concurrently with the filing of the application, the applicant, including all partners, officers, directors, managers and all persons proposing to have an ownership interest in the gaming club, shall be fingerprinted and photographed by the Chief of Police, and shall pay the applicable fees. The Chief of Police shall conduct such background criminal investigations as deemed necessary. Applicant shall authorize the Attorney General to release any and all information learned during its investigation of applicant to the City and authorize the Attorney General, its staff and investigators to discuss with the City any and all information learned during the registration process. Further, applicant shall 13 provide City with copies of all registration applications and certificates filed with and issued by the Attorney General for the applicant, all pointholders, and all proposed managers. (c) Time of Filing Reports. All such reports shall be submitted to the City Manager within ninety (90) days after the application has been filed. The City Manager shall thereafter agendize the matter for a public hearing before the City Council, as set forth Section 9.04. 110. 9.04 . 110 GRANTING AND DENYING OF APPLICATION (a) Consideration by City Council. Within 45 days after the required reports have been submitted to the City Manager, and if all required fees have been paid, the City Council shall hold a public hearing on its intent to consider whether such license should be issued. The City Manager shall cause to be given at least ten (10) days published notice of such public hearing. At least ten (10) days mailed notice shall also be given to the applicant of the time and place of such hearing; and to owners of real property within 300 feet of the subject property as listed on the last equalized assessment roll. (b) Decision of the City Council. The City Council in its discretion, shall either approve, conditionally approve, or deny an application for a license within thirty days after close of the public hearing. In the event that any required reports are not filed within the ninety (90) day period, the City Council may continue the public hearing or may act on the application without such reports and either grant, with or without conditions, or deny the application in the sole discretion of the City Council; provided, that the City Council may not deny the application based solely on the lack of any such report, if its absence is not the fault of applicant. 9.04. 120 GROUNDS FOR DENIAL OF APPLICATION The City Council shall have grounds for denial of an application for the issuance of any license under the provisions of this chapter in any of the following cases: (a) If any game for which a license is applied is unlawful under the laws of the State of California or under this chapter. (b) If a license is not available under the terms of the chapter. (c) If the applicant, any pointholder, or any proposed manager is under the age of twenty-one (21) . 14 (d) If the applicant, any pointholder, or any proposed manager makes a false, fraudulent or misleading statement or omission as to a material fact required to be revealed in any application submitted pursuant to the provisions of this chapter, or as to any other information presented or required as part of the application process. (e) If the applicant, any pointholder, or any proposed manager has been convicted of a crime, including sections of the Uniform Controlled Substances Act (Health and Safety Code §11000 et seq. ) , punishable as a felony. (f) If the applicant, any pointholder, or any proposed manager has engaged in an act involving dishonesty charged or chargeable as a criminal offense relating to: (i) the acquisition of an ownership interest in a gaming club; or (ii) the real property or premises in which a gaming club is situated; or (iii) the operation of a gaming club. (g) If the applicant, any pointholder, or any proposed manager has been convicted of any offense involving dishonesty. (h) If the applicant, any pointholder, or any proposed manager has engaged in bookmaking, loansharking or illegal gambling. (i) If the applicant does not, in the sole judgment of the City Council, have the financial capability or business experience to operate a gaming club in a manner which would adequately protect its patrons and the citizens of the community. (j) If the establishment of a gaming club in the proposed premises would violate the zoning, fire, building or other regulations of the City, or would be inconsistent with the General Plan. (k) If the application would result in substantial aggravation of crime problems or make law enforcement unduly difficult, or does not provide for a security force and security measures determined to be adequate for the size and nature of the business, in the sole discretion of the City Council. (1) If the establishment of a gaming club would be detrimental to the public peace, health, safety and welfare. (m) If the establishment of a gaming club would be inconsistent with the purposes and provisions of this chapter and 15 contrary to public interest. 9.04. 125 LICENSE AMENDMENT (a) The terms and conditions of a gaming club license may be amended by the City Council on application for amendment. Said application shall be subject to, and shall be processed in accordance with, the procedures set forth herein for an original application. The fee for such application shall be established by City Council resolution. "Terms and conditions" of a license includes, but is not limited to, the location or size of a gaming club, the number of card tables the licensee is authorized to maintain, any conditions placed on the license by the City Council or this chapter, and any representations contained in the application as to the operation of the gaming club. (b) A licensee seeking an amendment shall file an application with the City Manager stating the specific terms and conditions that the licensee desires to change and the reasons therefor. (c) Amendment fees shall be paid to the City Manager at the time the application is filed. The application for amendment shall not be deemed complete unless the licensee has paid the required fee. 9.04. 130 LICENSES: SUSPENSION AND REVOCATION Licenses are subject to revocation or suspension as provided in this chapter. Licenses are also subject to revocation or suspension upon a determination by the City Council that grounds exist which would justify the denial of an application for such license if such application were then pending, or that the licensee or any pointholder of the licensee has: (a) Violated, or permitted, allowed or caused the violation of any provision of this chapter. (b) Permitted, allowed or caused any violation of any condition of approval imposed upon the issuance of such license. (c) Made any false, fraudulent, or misleading statement or omission as to a material fact on an application form, or as to any other information presented or required as part of the application process. (d) Ceased operating the gaming club for a total of 90 days, whether consecutive or not, in any 12 month period. A license shall not be subject to revocation on this ground if the licensee's premises are destroyed or damaged, or forced to close, by war, insurrection, strikes, riots, fire or other Acts of God, or 16 by restrictions mandated by other governmental entities, enactment of new or supplemental state or federal laws or regulations or judicial interpretations of state or federal laws or regulations, as long as the licensee is proceeding with due diligence to restore the gaming club operation. (e) Failed to prevent the gaming club from causing a substantial adverse impact on surrounding properties due to criminal activity, noise, or parking overflow to the extent its operations constitute a public nuisance. (f) Had its registration under the California Gaming Registration Act suspended or revoked. (g) A license shall also be subject to revocation if the gaming club for which the license was issued is not open for business and fully operational within one year from the issuance of the license. Such one year period shall be tolled for the time periods set forth in Section 9.04.040(d) of this Chapter, if applicable. 9.04.140 SUSPENSION AND REVOCATION: PROCEDURE Existing gaming club licenses may be suspended or revoked pursuant to the following procedures: (a) Notice. The City Council may revoke or suspend any gaming club license after a hearing of which at least seven (7) days notice shall be given to the licensee of the time, place and purpose thereof. Such notice may take the format of an order to show cause before the City Council at a time, date and place stated, why the license should not be suspended or revoked. The order to show cause shall set forth the reasons or grounds upon which such suspension or revocation is proposed. Notice shall be deemed complete upon receipt. (b) Hearina. At the time set for such hearing, the City Council shall hear the evidence presented by the City Manager, purporting to show the grounds existing for suspension and/or revocation; thereafter, the City Council shall permit the licensee and any other interested person to present such evidence as may be relevant to dispute the existence of such facts. Technical rules of evidence shall not apply. (c) Public Hearing; Subpoenas. The City Manager or the City Council may cause to be issued and served any subpoenas as they shall direct in accordance with the provisions of the laws of the State relating thereto requiring the attendance of any person deemed necessary. (d) Decision of City Council. If based upon the 17 evidence presented, the City Council finds that facts are presented which constitute grounds for revocation or suspension, it shall revoke or suspend the license. If it finds that such facts are not present, it shall dismiss the proceedings. (e) Divestment or Fine. In lieu of revocation or suspension, the City Council may impose a fine not to exceed ten thousand dollars ($10,000) for each violation, and/or the City Council may order the party deemed responsible for any such violation to divest him or herself from any ownership interest held, within 120 days. If divestment is not accomplished within 120 days, any income from the gaming club which would otherwise be due such party shall instead be paid by licensee to the City until divestment occurs. Such party shall still be obligated to divest and shall diligently continue to pursue divestment. (f) Modification. Notwithstanding any provision of this chapter to the contrary, the City Council may, at any time it deems it desirable for the public health, safety, and welfare, modify the terms or conditions of the license, upon notice and hearing as set forth in this section. This subsection shall not be construed to prevent the City Council from amending this ordinance or enacting new and different rules and regulations without complying with the procedures set forth in this section. 9.04.150 EMPLOYEE WORK PERMITS (a) The licensee shall keep on file with the police department, and on the licensed premises, as to each employee of the gaming club, a comprehensive list containing the following ' current information under penalty of perjury: (1) Residence address during the past five (5) years; (2) Current occupation or employment; (3) Employment during the past five (5) years; (4) Physical characteristics including age, date of birth, height, weight, and color of hair and eyes; (5) Driver's license and social security numbers; (6) A history of all convictions for any felony or misdemeanor offense, other than traffic violations; (7) A current full face photo of each employee. The information shall be made available on demand for viewing by the Chief of Police or designee or by the City Manager or 18 designee. (b) Any person wishing to be an employee in a gaming club shall obtain a work permit through the filing of an application with the police department. The form may vary according to the job classification. The application shall be complete in all respects, and shall include photographing and fingerprinting. The gaming club shall pay the applicable fees for such photographing and fingerprinting, and shall pay any additional processing fee, in an amount to be determined by resolution of the City Council. The police department shall process the application and may approve, conditionally approve (including issuance of a temporary permit) or deny said application. The application for a work permit shall be denied in the following cases unless the Chief of Police determines, on the facts of each individual case, that the time, nature or seriousness of the act, the recent history and credibility of the applicant, or other mitigating circumstances, warrant approval. , (1) If the applicant has been convicted of any crime within the last ten (10) years punishable as a felony; (2) If the applicant has been convicted of an offense within the last ten (10) years involving moral turpitude; (3) If the applicant has engaged in bookmaking, loansharking or other illegal gambling activity or has been convicted of an offense involving such activities; (4) If the applicant is not a person of good character, integrity and honesty; (5) If the applicant has made any false statement in the application or as to any other information presented as part of the application process; or (6) If the approval of the applicant would be inimical to the interests of legitimate gaming. (c) If an application is denied, the applicant may appeal said denial by written notice to the Chief of Police within ten (10) days following the giving of notice of denial to the applicant. Upon receipt of a timely filed appeal the Chief of Police shall cause a de novo hearing to be held, at which evidence shall be taken, within thirty (30) days. The Chief of Police, after hearing, shall approve or deny such appeal based upon the standards set forth in this chapter. (d) A work permit shall be valid for a period of two (2) years of the date of issuance. It shall be renewable at the end of each second year upon the filing of an application for renewal and the payment of a renewal fee in an amount established by resolution 19 of the City Council. If a renewal application has not been received by the City within thirty (30) days after the expiration date of the permit, the applicant must comply with procedures set forth in Section 9.04. 150(b) of this chapter. (e) Each employee, at all times while acting within the scope of his or her employment, shall carry upon his or her person an identification card, permit, badge or license in such form as shall be. prescribed by the Chief of Police. In addition, each employee, with the exception of those specifically exempted by the City Manager or his designee, shall wear in a prominently visible place upon his or her person an identification badge bearing the name and identification number of the employee. Undercover security personnel need not wear such identification badge in a prominently visible place. For the purposes of this subsection, the owners of a licensed gaming club, any director, officer, or partner of such owner, and any manager, shall be deemed to be an employee. (f) All employees working within the gaming areas of the gaming club must be at least twenty-one (21) years of age as of the date such employment starts; prospective employees may file an application for a work permit prior to their twenty-first (21st) birthday, and a permit may be approved to be effective on such birthday. As to all other employees working in non-gaming areas of the gaming club, applicable state and federal laws regarding age and working hour restrictions shall apply, provided that any such employees less _than twenty-one (21) years of age shall not be permitted to work in any gaming area. 9.04. 160 WORK PERMITS: SUSPENSION AND REVOCATION (a) A work permit shall be suspended or revoked under the following circumstances: (1) Commission of any act which would be grounds for denial of a work permit; (2) Material. violation of any conditions imposed in granting such permit, or of any of the requirements of this chapter. (b) The permit shall be suspended or revoked by the police chief in accordance with the notice procedures set forth for suspension and revocation of the gaming license, except that the only notice required shall be notice to the employee and licensee. Pending final decision on the suspension or revocation, the licensee shall not allow the employee to work on the premises. 20 9. 04. 170 TRANSFER AND ASSIGNMENT OF LICENSES (a) Except as otherwise indicated herein, any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a gaming club license in the City, and all the provisions of this chapter applicable to new and original applications shall apply, provided, however, that neither mailed notice to adjacent property owners, nor published notice, need be made. Such a transfer shall be made in accordance with the provisions of sections 9.04. 180 through 9.04.210. (b) The provisions of this section and of sections 9. 04. 180 through 9.04.210 shall not apply to any application for or notification of a transfer or assignment by any pointholder who is a member of a bona fide owner operating under a duly issued license to conduct a gaming club in the City of San Pablo to a then presently existing pointholder; provided, however, that any transfer of ten (10) points or more, even to an existing pointholder, shall require City approval pursuant to Sections 9.04. 180 through 9. 04.210. 9.04. 180 POINTHOLDERS: APPLICATIONS FOR SALE OR TRANSFER OF POINTS (a) Except as otherwise provided in this chapter, it is unlawful for any pointholder or any other person having any interest whatsoever or at all in the ownership of a gaming club, whether legal or equitable, or as trustor or trustee, or of whatsoever kind or character, to transfer such points and/or interest without the consent and permission of the City Council. No transfer or assignment of any point or interest will be recognized by the City unless the transferee or assignee has fully complied with the requirements of the Gaming Registration Act of the State of California and all the applicable rules and regulations relating to the transfer and ownership of points or interests in a gaming club as promulgated by the Attorney General of the State of California. (b) Any person desiring to sell, transfer, assign, or otherwise hypothecate any point or interest, or fraction thereof, in a gaming club shall file with the City Manager a written application for permission to transfer such interest. Each such application shall set forth, under penalty of perjury, in addition to such other information as the City Manager and/or the City Council may require, the following information: (1) The date of the application; (2) The true name of the applicant and proposed transferee; 21 (3) The status of the transferee as being an individual, corporation, association, co-partnership, joint venture, trustor, trustee, or other entity; (4) The residence and business address of the transferee, if an individual; (5) If the transferee is other than an individual, the name, residence, and business address of each of the co- partners or members of the firm, co-partnership, trustor, trustee, or joint venture and the names and residence and business addresses of each of the principal officers and directors of the association or corporation applicant; (6) The number of points and/or the nature of interest sought to be sold, transferred, assigned, or otherwise hypothecated. (c) The application required by this subsection shall be confidential, and the documents containing such information shall be confidential and shall not be open to public inspection except in connection with the enforcement or administration of this chapter, or as may be required by the California Public Records Act. 9.04.190 POINTHOLDER INVESTIGATION REQUIRED Whenever an application for sale or transfer of points has been filed with the City, the City Manager shall promptly and diligently make a full and complete investigation of the transferee(s) . Concurrently with the filing of the application, the transferee shall be fingerprinted and photographed by the police department, and shall pay all applicable fees. 9.04.200 POINTHOLDER LICENSE FEES Each such transfer application shall be accompanied by a processing fee payable in advance, as set by resolution of the City Council, in an amount sufficient to cover the cost of the investigation and of processing the application. The fees set forth pursuant to this section shall be the property of and be retained by the City, whether the application for transfer is granted or denied. 9.04.210 POINTHOLDER GRANTING OR DENYING OF APPLICATION (a) Consideration by City Council. Whenever an application for such a transfer is presented to the City Council, the City Council shall consider such application on the same basis 22 and subject to the same hearing procedures as are applicable to a new license application; provided, however, that mailed notice to adjacent property owners, and published notice, need not be made. (b) Decision of the City Council. The City Council may in its discretion either approve, conditionally approve, or deny the application. 9.04.220 POINTHOLDER INVESTIGATIONS: UPDATING All pointholders holding points in any gaming club, as well as the general partners of such gaming clubs, whether or not they hold any points in such clubs, shall have their background investigations updated annually and regularly thereafter pursuant to a schedule established by the City Council. A fee in an amount to be set by City Council resolution for each pointholder so investigated shall be paid to the City by the respective gaming clubs or licensees on an annual basis to cover the costs of such investigations. 9.04.230 APPLICATION OF PROVISIONS TO CONTINUING POINTHOLDERS Any pointholder who has not previously submitted to the procedure required under section 9.04.220 shall file, as a prerequisite to the continued holding of an ownership interest, the application to be investigated, pay the fee, and be reviewed by the City Council as provided for persons applying for new ownership interest. Until such time as the investigation has been completed, no financial returns from the operations of the gaming club shall be paid to the pointholder. If the City Council denies any application, within six (6) months after the receipt of a notice of such denial, said owner shall divest himself or herself of such ownership interest. 9. 04.240 POINTHOLDER DIVESTMENT (a) Any pointholder shall divest himself or herself of such ownership interest within one hundred twenty (120) days after a notice of divestiture is served on such person by the City pursuant to such person's final conviction of a misdemeanor involving moral turpitude or a felony. A plea or verdict of guilty, or a conviction following a plea of nolo contendere to a misdemeanor involving moral turpitude or a felony shall be deemed to be a final conviction within the meaning of this section, unless the conviction is appealed to a higher court, in which case the judgment and verdict of that court shall constitute the final action pursuant to which notice of divestiture shall be served if the conviction is affirmed. Within thirty (30) days after the service of a notice of divestiture, the person or persons subject 23 to such notice (appellant) may request in writing a hearing before the City Council to appeal the notice and request a waiver of the divestiture requirement, including transfer to a trustee. A hearing shall be scheduled before the City Council within thirty (30) days after the receipt of the appellant's written request. Upon the conclusion of the hearing, the City Council may disregard the appellant's conviction or take other modifying steps if it is found and determined by the City Council that mitigating circumstances exist and that the public welfare will be adequately protected. In making such determination, the City Council shall consider the following factors: (1) The type, nature and extent of the pointholder's interest, including the involvement, if any, in the operations of the gaming club; (2) The nature, time, and seriousness of the offense; (3) The circumstances surrounding the conviction; (4) The age of the person at the time of the conviction; (5) The presence or absence of rehabilitation or efforts at rehabilitation; (6) Contributing social and environmental conditions; (7) The record of the proceedings leading to the conviction; (8) The financial stability of the pointholder, including his or her personal history, reputation for habits, and traits of character and moral background; and (9) Such other factors deemed relevant by the City Council in determining the status of the pointholder. The decision of the City Council shall be final and conclusive. (b) No person required to divest a gaming club related interest pursuant to an order of divestiture shall transfer the same to his or her spouse, child, sibling, parent or to his or her spouse's child, sibling or parent. (c) Each day of noncompliance with a notice of divestiture shall constitute a separate and complete offense. In addition, the City Attorney may invoke appropriate civil remedies available to enforce compliance. 24 9.04 .250 CORPORATE POINTHOLDERS If any pointholder is a corporation or similar entity, the licensee shall keep on file with the City Manager at all times a current list showing the names and addresses of all officers, directors and shareholders of such corporation or other entity. 9.04.260 POINTHOLDER DEATH (a) Upon the death of any pointholder, the pointholder's interest in the license shall be transferred in accordance with Sections 9.04.170 through 9.04.210. (b) Notwithstanding the provisions of Section 9.04.120 (c) , the City Council may approve a transfer to an heir under the age of twenty-one (21) , to be held in trust. 9. 04.270 RULES AND REGULATIONS (a) Established. Rules and regulations governing the operation of gaming clubs are hereby established. The City Council reserves the right to establish further rules or amend these rules by resolution of the City Council. All such rules and regulations shall have the force of law and any violation thereof shall be considered a violation of this chapter and a ground for revocation or suspension proceedings. (b) Tournaments. (1) The conduct of established tournaments shall be permitted for those games otherwise permitted by this chapter and for no others; (2) Prior to licensee's commitment to host any tournament, and in any case at least 14 days prior to commencement of any tournament, licensee shall submit to the City Manager a full set of rules, regulations, terms and conditions to be used in regulating or otherwise governing the operation and activities of any such tournament. The City Manager or designee shall have the power to disapprove any tournament within seven (7) days after actual receipt of such information. (c) Physical Arrangements. (1) No gaming club shall operate or maintain in use more than the maximum, or less than the minimum, number of tables allowed in the license; (2) Games shall be located in one or more rooms and 25 so arranged that the gaming tables in a room and the players at the tables shall be visible from the main doorway into such room. No wall, partition, screen, or similar structure between any main doorway into such a room and any gaming table shall be permitted if it interferes with such visibility unless specifically authorized by the license or any permit issued by the City, or by the City Manager 'upon good cause shown; (3) During all hours of operation, the outside doors to the gaming club and the main doors into the gaming room must be unlocked and accessible to the general public; (4) The gaming areas of the gaming club shall be separated from other activities on the premises; (5) Any and all parts of a gaming club shall be open for inspection during all hours to the City Manager or designee, without a search warrant; (6) A gaming club shall be open for inspection during all hours to the personnel of the appropriate law enforcement agency without a search warrant. (d) Operations Procedures. No licensee, agent or employee of a licensee, or a person to whom a work permit has been issued shall: (1) Allow or permit money to be used as ante or bet in any legal game in the gaming club. Anteing or betting shall be done by using tokens, chips, or other representatives of money; (2) Loan money or permit money to be loaned, with or without security, to any person as a stake in any game; (3) Act in the capacity of, or employ any person to act in the capacity of a proposition player, unless such person wears in a conspicuous place attached to the clothing, a work permit or badge approved by the Chief of Police which identifies such person as a proposition player. Proposition players shall play only with their own money. (4) Knowingly permit any person who is in a state of intoxication, or under the influence of an unlawful substance in any area of the premises; (5) Permit any person under the age of twenty-one (21) to enter a gaming room or area unless accompanied by an adult and for the purpose of accessing other areas of the gaming club; (6) Fail, neglect or refuse to exhibit their licenses or work permits on demand of any law enforcement officer, or, in the case of a work permittee, fail, neglect or refuse to 26 wear such permit or badge as identification in a conspicuous place attached to his/her clothing while performing his/her duties for the licensee, if so required. Undercover security personnel shall not be required to wear such permit or identification in a conspicuous place. (7) Permit any person playing in any of the games licensed by this chapter to make any individual bet or wage in excess of the maximum bets set forth for the particular game as posted in the club except as allowed in a duly authorized tournament; (8) Allow any person to wager any sum in excess of the value of the chips or other playing tokens which such person has purchased from the gaming club; (9) Derive revenues from games being played in the gaming club other than from collection of a time rental fee for occupancy at the card table, a predetermined fixed fee assessed of all players at the table and collected prior to the playing of the hand, and/or a management or service fee, if not prohibited by state law. (e) Posting Requirements. There shall be posted in conspicuous places in the gaming club premises the following: (1) The minimum buy-in, time charged, or other fee charged players for the use of the tables; (2) A set of detailed house rules applicable to the games played, which shall be posted in the form of a printed rule book and made available in English, Spanish, Vietnamese, Korean and Mandarin and/or Cantonese-Chinese; (3) A copy of the current valid license and the licensee's current gaming registration certificate issued under Gaming Registration Act; (4) The dollar equivalents of any chips, tokens or other representatives of money; (5) A notice stating that a copy of the ordinance codified in this chapter is available for inspection. (f) Personal Responsibility of Licensee. (1) The operation of the gaming club shall be the responsibility of the licensee personally (if an individual or partnership is the licensee) , or the personal responsibility of the officers and directors of the licensee (if a corporation is the 27 licensee) . The operation of the gaming club shall also be the personal responsibility of any and all managers of the licensee that are present during gaming club operations; (2) Either the licensee (if such licensee is an individual) , or a manager of the licensee shall be present on the gaming club premises at all times during the conduct of its legal gambling or gaming operations; (3) Not later than July 1 of each calendar year, the licensee shall execute under penalty of perjury and file with the City Manager a declaration stating the following: (i) A list of the minimum buy-in, time charged, or other fee charged players for the use of the tables; (ii) A set of the then current posted detailed house rules applicable to the games played; (iii) That all taxes have been paid; (iv) The declaration shall be accompanied by a complete copy of all registration and re-registration applications (and exhibits) filed by the licensee and all persons having a financial interest in the licensee under the Gaming Registration Act. (g) Size. Any gaming club licensed under this chapter shall contain a minimum of thirty tables, and shall be no smaller in aggregate size or area under one roof than thirty thousand square feet. (h) General Reguirements. (1) It shall be unlawful for any person as an operator, agent, and/or employee of any duly licensed gaming club to assign, arrange for, or in any other manner sublet to or subcontract with, directly or indirectly, with or without consideration, any person not having a valid unrevoked license, to conduct any card game at a table at the gaming club. It shall also be grounds for the revocation or suspension of any license issued to any gaming club to permit the farming out, assigning, or subletting of any game lawfully permitted pursuant to the provisions of this chapter; (2) Rules of play for all games permitted by law, including tournaments, shall first be filed with and approved by the Chief of Police, and shall be conspicuously posted at locations approved by the Chief of Police; (3) Seat rental fees shall be reviewed and approved by the City and shall be conspicuously posted at locations approved 28 by the Chief of Police; (4) No card game shall allow individual bets to be placed exceeding $300.00, other than in established tournament play; (5) Licensees holding or obtaining licenses under the provisions of this chapter shall thereby automatically agree to be bound by and observe each and all of the terms, conditions and provisions of this chapter and of the rules and regulations established thereby relating to such licenses; (6) No licensee shall operate or use any table or unit or manage, conduct or carry on any business or activity licensed by this chapter after the time that such license issued by the City has been or is revoked or suspended; (7) 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 applicable laws. (i) Interested Parties. Any person who is an operator, owner, principal, employee or agent of a gaming club permitted under this chapter shall be an "interested party" in such gaming club. It shall be unlawful for any person to participate in any game in a gaming club in which such person is an interested party if: (1) There are more than two interested parties seated at the table at which such game is being played; or (2) There are more than seven players participating in the game. (j) Check Cashing and Credit. (1) Licensee shall be allowed to cash personal checks. All checks received shall be cashed or negotiated by the end of the first banking day after receipt. It shall be unlawful for the licensee, owner or employee to cash any personal check which does not state the amount on the face of the check. (2) It shall be unlawful for any gaming club to extend or allow or permit the extension of credit, other than through the presence of automated teller machines of recognized financial institutions. (k) Permissible Games. In no case shall any game be played in a gaming club unless and until the game has been approved by the City Council by either license approval and/or resolution. 29 (1) Hours of Operation. Hours of operation may be imposed by the City Council by resolution should it determine that such regulation is necessary for the protection of the public welfare. (m) Gamblers Anonymous Literature. All licensees shall make literature published by Gamblers Anonymous easily available in a visible location in the cardroom. If literature published by Gamblers Anonymous is available in English, Spanish, Tagalog, Vietnamese, Korean, Mandarin, and/or Cantonese-Chinese, the licensee shall make such literature easily available. 9.04.280 ALCOHOLIC BEVERAGES (a) Alcoholic beverages may be sold, dispensed, consumed, or permitted in licensed gaming clubs in accordance with applicable state and local laws and regulations. (b) No on-duty employee of a gaming club shall consume alcoholic beverages or controlled substances, whether on or off the premises. (c) No complimentary or reduced price alcoholic beverages shall be offered by the gaming club on the gaming floor or in violation of state law. (d) No licensee or other person in charge or control of any card game at a gaming club shall permit any person to play in any game licensed by the provisions of this chapter at any time while such -person appears to be, or is, under the influence of any alcoholic beverage or controlled substance. (e) No licensee or other person in charge or control of any card game at a gaming club shall permit any person to enter the premises while such person appears to be, or is, in the opinion of the licensee or duly authorized agents or employees, under the influence of an alcoholic beverage or controlled substance. 9.04.290 RECORD KEEPING AND AUDITS (a) The licensee shall keep and maintain all gaming club books, documents, records and accounts (whether recorded in printed form or as electronic media) in accordance with recognized business accounting principles. Such books, documents, records and files must be retained for a period of at least seven (7) years and must be available for inspection or audit at the demand of the City. Any and all video tape recordings made for security at the gaming tables shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of twenty-four (24) hours and any "cage" tapes shall be retained for seven (7) days, unless 30 longer or shorter periods of time are ordered by the Chief of Police. All tapes must be made available to any law enforcement agency for duplication upon demand. (b) Nothing in this section shall limit the City's right to inspect or audit the books, documents, records and accounts of the licensee, at any time, relating to items other than gross revenues, and City expressly reserves that right through issuance of the license. (c) Any information obtained pursuant to the provisions of this section or any such statement filed by the licensee shall be deemed confidential and shall not be subject to public inspection except in connection with the enforcement or administration of the provisions of this chapter, or as may be required by the California Public Records Act. 9.04.300 LOANS The licensee shall report to the City Council all loans received by it within ten (10) days of execution of final loan documents. The information shall include the name and address of the lender and the amount and terms of the loan. Any default by licensee resulting in such lender obtaining a direct or indirect financial interest in the gaming club shall be treated and processed in accordance with the provisions of Sections 9.04.170 through 9.04.210. 9.04. 310 CHEATING DEFINITIONS For the purposes of this chapter, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary: (a) "Blind cut" or "false cut" means a maneuver which appears to cut the deck, but does not in fact do so. (b) "Blind shuffle" means to false shuffle, or to give the deceptive impression of intermixing playing cards, while actually retaining the same sequence of all or a group of cards. (c) "Burn" is a discard in accordance with the rules of the game, made before the draw when playing draw poker. (d) "Capping the deck" means to place cards which should not be there on to the top of the deck. (e) "Cooler" means a deck of cards, secretly prearranged in a known sequence or marked to be substituted for the deck in play. 31 (f) "Daubing" means to mark cards by applying a faintly visible substance to the back of the cards. (g) "Greek deal" or "second bottom" means to deal a card which is second from the bottom -of the deck. (h) "Hand mucking" means the surreptitious switching of cards from those that are dealt to a player. (i) "Hold-out" means a mechanical device used for the purpose of surreptitiously switching or retaining cards. (j) "Hopping the cut" means to surreptitiously nullify the cutting of the deck. (k) "Middle dealing" means to deal a card from the center section of the deck. (1) "Punching" means to mark the back of the cards by creating a dimply or indentation thereon. (m) "Roughing fluid" means a liquid chemical applied to the back of the cards for the purpose of marking them by roughening the surface. (n) "Run-up" or "stacking" or "stocking" means to shuffle the cards in such fashion as to surreptitiously arrange the sequence of known cards. (o) "Sanding" means to mark cards by applying an abrasive substance to the cards. (p) "Shiner" means a mirror or other reflecting device used for the purpose of enabling a player to see cards which the player is not entitled to see under the rules of the game being played. (q) "Slick sleeve" or "mohair sleeve" means a long sleeve on a clothing garment to assist in holding out a playing card. (r) "Slug" means a group of cards. (s) "Transmitter" means an electronic or radio device used for the purpose of transmitting signals or information to another player, who receives such signals or information by use of a "receiver. " (t) "White flash" means a form of daubing whereby a chemical is used to create a "white on white" marking on the back of the cards. 32 9.04.320 CHEATING TECHNIQUES GENERALLY It is unlawful for any person or persons to use any of the cheating techniques prohibited by this chapter, whether or not such techniques are successful. The licensee or management shall immediately notify the police department upon the detection of any person(s) suspected of cheating. 9.04.330 MANAGEMENT COOPERATION WITH SURVEILLANCE PERSONNEL It shall be the responsibility of the licensee, management and their employees to fully cooperate with gaming club surveillance and protection personnel in the detection, apprehension and identification of those persons involved in cheating or fraudulent accounting practices. Management shall retain and deliver to the police department as evidence all playing cards and implements suspected of involvement in cheating. 9. 04.340 DEALING OTHER THAN TOP CARD It is unlawful for any person as a player or dealer to deal, draw, distribute, or burn any playing cards other than the top card of a deck. The "top card" is defined as the uppermost face down card of a face down deck. It is therefore unlawful to deal or cause to be dealt what is known as a second, bottom or to engage in greek dealing or middle dealing. 9.04.350 STACKED DECK It is unlawful for any person as a player, dealer, employee or agent to shuffle or cause to be shuffled any playing cards that are to be used or are being used in a licensed card game, other than in a random manner. It is unlawful to predetermine, or prearrange the sequence of playing cards by value or suit or to retain or hold back a card or cards either individually, or as a group or slug as an effort to circumvent a random mixing of the playing cards. Any blind shuffle, run-up, stacking or stocking of the deck to gain an unfair advantage in play, whether or not an advantage is gained, is prohibited. 9. 04. 360 CONCEALED CARDS It is unlawful for any player or dealer to palm, hold-out, or conceal any card or cards during a card game, whether by sleight of hand, mechanical apparatus, or by clothing such as a slick. sleeve. It is also unlawful for any person, player, or dealer to switch, exchange, or cause to be exchanged any playing card, or cards, as a means of deception. The deceptive practices known as hand 33 mucking, capping the deck, introducing additional cards into a game, or switching the deck with a "cooler" are prohibited. 9.04.370 FALSE CUT It is unlawful for any person to use any technique in a card game, designed to accomplish a "blind" or false accede, or to use a fraudulent technique to nullify a cut once performed by a player, or to influence or indicate to another person to cut the deck at a specific location. 9.04.380 MARKED CARDS It is unlawful for any person, player, or dealer to deliberately mark or alter any card or cards when there is a likelihood that such cards will be used in licensed game, or when such cards are in play. It is unlawful to knowingly use any altered or marked cards in a card game. "Marking and altering", as used herein, includes sanding, daubing, which flash, white on white, punching, adding to, removing from, or blocking out the existing design whether on the fact, backside, or edge of any card or cards. Any deliberate crimping, warping, bending, cutting, trimming, shaving, or alteration by any means that would or may cause an advantage for any player over other players, whether or not such advantage is gained, is unlawful. 9.04.390 MECHANICAL DEVICES The use of any mechanical or electrical apparatus or other device so as to gain any advantage, or to gain information that would enable a player or dealer to deceive others in prohibited. Such devices not limited to, hold-outs, table bugs, shiners, transmitters, receivers, punches, chemical solutions, shading, roughing fluids, inks or dyes. 9.04.400 AIDING AND ABETTING It is unlawful for any person to knowingly aid or abet another in any cheating action prohibited by this chapter. 9.04.410 POLICE DEPARTMENT"S RESPONSIBILITY The police department, upon being notified by gaming club personnel or game surveillance personnel that a person or persons are being detained for cheating at play, shall respond to the gaming club. The police department shall ascertain the identity of 34 4 t those involved in the cheating, the circumstances involved and decide what police action, if any, is deemed appropriate. The police department shall assist as legally required in any citizen's arrest. 9.04.420 REMOVAL OF PERSONS FROM GAMING CLUB PREMISES (a) A gaming club licensee shall remove any person from premises licensed for use as a gaming club if, on the premises, that person: (1) Engages in disorderly conduct, as defined in Section 647 of the Penal Code; or (2) Is under the influence of any intoxicating liquor or drug; or (3) Is mentally incapacitated to the extent that such person cannot care for himself or control his actions; or (4) Is boisterous, or is otherwise offensive to other persons; or (5) Commits any public offense. (b) Except as provided in Section 9.04.430(a) (4) , removal of a person from the premises pursuant to this section carries no presumption that the person is within the class of persons defined as "undesirable persons" in Section 9.04.430. 9.04.430 EXCLUSION OF UNDESIRABLE PERSONS (a) To the extent allowed by law, a licensee shall exclude from all or any portion of the premises any person who is determined to be "undesirable" within the meaning of this section. For the purposes of this section, the following persons shall be deemed to be "undesirable": (1) Persons who have engaged in any act of, or who have been convicted of, bookmaking or illegal wagering; or (2) Persons who have engaged in acts prohibited by this chapter, with respect to cheating; or (3) Persons who have been convicted of a violation of this chapter with respect to cheating; or (4) Persons who have been removed from the premises pursuant to Section 9. 04.420(a) on more than one occasion; or 35 (5) Persons whose presence is inimical to the interests of the licensee. (b) For purposes of this section: (1) "Bookmaking" includes, but is not limited to, any act prohibited by Section 337a of the Penal Code or by Section 19595 of the Business and Professions Code; (2) "Illegal wagering" includes, but is not limited to, any act prohibited by Sections 319 through 336, inclusive, of the Penal Code. 9.04.440 NOTICE AND ORDER OF EXCLUSION The licensee shall inform any person excluded from the premises of the reason for the exclusion, and shall notify such person of the provisions of this chapter. Notification shall be made by the delivery to the person excluded of an order of exclusion, to which shall be attached a copy of this chapter. The licensee shall immediately notify the police department of the name of the person so excluded, the reason for the exclusion, and provide such other information the police department may require. 9.04.450 EXCLUSION HEARING Any person who is excluded from a gaming club may apply to the police department for a hearing on whether the ordinance is applicable. The hearing shall be held within thirty (30) days after receipt of the application or as may otherwise be agreed. 9.04.460 ENFORCEMENT OF ORDER--CIVIL REMEDY No person named in a final order of exclusion shall fail to comply with the terms of such order. A final order of exclusion shall if necessary be enforced by the licensee by means of a civil injunction proceeding in Contra Costa Superior Court. 9. 04.470 INDEMNIFICATION In addition to the indemnity requirement set forth in Section 9.04.090, the licensee and licensee's successors, heirs, and assigns, shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action or proceedings against the City, its agents, officers or employees arising out of or resulting from the negligence of the licensee or the licensee's agents, employees, or contractors in the construction or operation of a gaming club. 36 9.04.480 ARCHITECTURAL AND SIGN CONTROL All architectural plans for the licensed establishment shall be submitted to and approved by the City Council and/or Redevelopment Agency Board of Directors prior to implementation. Plans for all exterior signs shall also be submitted and approved by the City Council prior to the installation of any such signs. 9.04.490 CAMPAIGN CONTRIBUTIONS The City Council finds that the gaming industry is a highly regulated and controlled industry due to the nature of its operations, the amount of money amassed, and the fears and perceptions that some elements in the industry may use such funds to incur political debts from legislators who are aided by their contributions. In order to eliminate the appearance of impropriety and corruption associated with such contributions, the City Council hereby determines that it shall be unlawful for any corporation, partnership or other legal entity licensed under this chapter to make any monetary contributions to city councilmembers, candidates for City Council, or to their respective campaign organizations. 9.04.500 UNLAWFUL INTERESTS It shall be unlawful and a conflict of interest for any City, Councilmember, City employee or City official to directly or indirectly own, operate or have any interest, legal or equitable, in any gaming club licensed under this chapter. It shall be unlawful for any City Councilmember, City employee or City official to directly or indirectly conduct business with or be employed in any manner whatever by a person or entity licensed under this chapter. 9. 04.510 VIOLATIONS Any violation of the provisions of this chapter shall be deemed an infraction, unless deemed a misdemeanor by the City Attorney when the complaint is filed with the Clerk of the Municipal Court. 37 9.04.520 NON-SEVERABILITY WITH RESPECT TO TAXES AND FEES; SEVERABILITY WITH RESPECT TO REMAINING PROVISIONS The provisions of this chapter providing for the payment of business license taxes are not severable. Should the requirements of this chapter relating to the payment of business license taxes , as herein set forth or as subsequently amended, be held to be invalid or unenforceable for any reason by the final judgment of a court of competent jurisdiction, then this chapter in its entirety shall thereupon become null and void, any licenses issued pursuant to this chapter shall likewise become null and void, and the playing of such games within the City shall thereupon become unlawful to the same extent as such playing was unlawful prior to the adoption of this chapter. Except as provided immediately hereinabove with respect to business license tax payments to the City, if any remaining section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The People hereby declare that they would have passed this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. 9. 04.530 LIMITATIONS OF ACTIONS Any action or proceeding challenging the constitutionality or validity of this chapter shall be brought within sixty days following its adoption, according to the limitations period and procedures set forth in Chapter 9 of Title 10 of Part 2 of the Code of Civil Procedure (commencing with Section 860) . No challenge to the constitutionality or validity of this chapter shall be made other than within the time and manner therein specified. SECTION 3 . Section 9.08.010 of the San Pablo Municipal Code is hereby repealed. Title 9, Chapter 8 of San Pablo Municipal Code is hereby amended to read as follows: Chapter 9.08 ELECTRONIC. MECHANICAL GAMES 9.08.010 Electronic/Mechanical Games. It is unlawful for any person to engage in owning, operating or possessing in his or her place of business, or on his or her premises, electronic/mechanical games as defined in Section 17.08. 125 of this code, without 38 obtaining all permits or certificates required by Chapter 5.04, and obtaining all use permits where required by this code. SECTION 4. Section 17.32.030) of the San Pablo Municipal Code is amended to read as follows: 1117.32. 030 Permitted uses subject to securing use permit. Uses permitted in a C-1 district, subject to first securing a use permit in each case, shall be as follows: J. Amusement enterprises, including but not limited to gaming clubs. " SECTION 5. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed insofar as they conflict with this ordinance. SECTION 6. Amendment By City Council. The City Council reserves, and the People so grant to the City Council, the right to amend the provisions of this ordinance without the necessity of an election; provided, however, that under no circumstances may the City Council act to repeal this ordinance and make gaming unlawful again in the City of San Pablo without an election of the qualified voters of the City. SECTION 7. The provisions of this ordinance providing for the payment of business license taxes are not severable. Should the requirements of this ordinance relating to, the payment of business license taxes as herein set forth or as subsequently amended, be held to be invalid or unenforceable for any reason by the final judgment of a court of competent jurisdiction, then this ordinance in its entirety shall thereupon become null and void, any licenses issued pursuant to this ordinance shall likewise become null and void, and the playing of such games within the City shall thereupon become unlawful to the same extent as such playing was unlawful prior to the adoption of this ordinance. Except as provided immediately hereinabove with respect to business license tax payments to the City, if any remaining section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The People hereby declare that they would have passed this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid. SECTION 8. Effective Date. This ordinance shall take effect upon approval by a majority of electors voting thereon at an election held in April, 1994. The City Clerk shall cause the 39 ordinance, or a summary thereof, to be published in the West County Times at least one time within 15 days of passage. ********** First read at a regular meeting of the City Council of the City of San Pablo on the 3rd day of January, 1994, and finally passed and adopted at a meeting of said City Council held on the day of 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: APPROVED: Charlotte Maggard, City Clerk Shirley R. Wysinger, Mayor gamingmardroom.ord 40 1 . 70 CITY OF SAN PABLO One Alvarado Square, San Pablo, CA 94806 (510)215-3000 Fag#(510)235-7059 Office of the City Clerk January 5, 1994 'FINiED Contra Costa County Board of Supervisors 651 Pine St., Rm. 106 fla Of CUPPRv►SOR� Martinez, CA 94553 c RSC VIA.C Dear Supervisors: During a regular meeting of the City Council of the City of San Pablo held January 3, 1994, the City Council adopted Resolution No. 94-05, a Resolution introducing Ordinance No. 94-001, calling and giving notice of the holding of a Special Municipal Election, and approving the title and language for a Ballot Measure to allow and regulate gaming in the City of San Pablo. Also adopted was Resolution No. 94-06,a Resolution requesting consolidation of Elections,requesting the services of the County Clerk, and authorizing the filing on an impartial analysis and written arguments concerning a Special Municipal Election to allow and regulate gaming clubs in the City of San Pablo. Please find enclosed certified copies of Resolution No. 94-05 and Resolution No. 94-06. Should you have any questions, or require further information, please contact the undersigned. Sincerely, Charlotte !Magld/"/ City Clerk Enclosures cc CCC Election Dept. CCC County Clerk -,A Recycled Paper RECEIVE RESOLUTION NO. 93-47 JAN 993 CLE OF SUPERVISORS RESOLUTION OF THE BOARD OF TRUSTEES OF THE LM HIGH SCHOOL DISTRICT ORDERING AN ELECTION AND -7 ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER WHEREAS, educational program demands upon the Liberty Union High School District (the "District") have caused existing facilities to become inadequate; and - WHEREAS, the District currently needs to increase the capacity of, and otherwise improve, its existing facilities in order to accommodate students; and WHE AS, the judgment of the Board of Trustees (the "Board"), it is ad-v,'.,;ab'.(1" to provide a portion of the needed funding by means of general obligation bonds; and WHEREAS, Proposition 46 approved by the voters of the State of California in June, 1986, ("Proposition 46") amended Section l(b) of Article XIIIA of the California Constitution by adding a provision which excepts from the 1% of full cash value limitation, those ad valorem taxes used to pay debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by voters voting on the Proposition; and WHEREAS, in the judgment of the Board, it is advisable to order the Contra Costa County Superintendent of Schools (the "County Superintendent") to call an election on the question of whether bonds shall be issued and sold for the purposes set forth below. WHEREAS, a copy of the bond measure (the "Bond Measure") to be be put before the voters is attached hereto as Exhibit "A." NOW THEREFORE, THE BOARD OF TRUSTEES OF THE LIBERTY UNION HIGH SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the Board, pursuant to Education Code Sections 5322, 5324, 15100, 15120, and Proposition 46, hereby orders the County Superintendent to call an election and submit to the electors of the District the question of whether bonds of the District ("the Bonds") shall be issued and sold for the purpose of construction of new high school facilities. Section 2. That the date of the election shall be April 12, 1994. Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit "A", containing the question of whether the District shall issue the Bonds for the purposes stated therein. BAKW&G/WJK/7612.01 .r Section 4. That the authority for ordering the election is contained in Section 15100 of the Education Code and Proposition 46. Section 5. That the authority for the specification of this.election order is contained in Section 5322 of the Education Code. Section 6. That this Resolution shall stand as the order to the County Superintendent to call an election within the boundaries of the District on April 12, 1994. Section 7. That the Contra Costa County Registrar of Voters (the "County Registrar of Voters") is hereby requested'to publish the Notice of School Bond Election no later than January 3, 1994. Section 8. That the Clerk of the Board is hereby directed to send a certified copy of this Resolution to the County Superintendent and copies of this Resolution to the County Registrar,of Voters, the Contra Costa County Clerk of the Board of Supervisors (the "County Clerk"), and the Contra Costa County Counsel (the "County Counsel") no later than December 10, 1993. Section 9. That the County Registrar and the Contra Costa County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on April 12, 1994, within the District. Section 10. That the County Superintendent is hereby requested to deliver the order of election, a copy of this Resolution and a formal notice of the election to the County Registrar as provided for by`applicable California law no later than December 13, 1993. Section 11. That the Superintendent of the District or the President of the Board is hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot. Section 12. That the County Counsel is hereby requested to prepare an impartial. analysis of the Bond Prod:�sitioii and, to supp:y -- c:,py of such a ?;ass io la+_wr thal.a,J;Rpvtary 31, 1994, to the County Registrar of Voters for use in the sample ballot. BAKW&G/WJK/7612.01 2 ADOPTED, SIGNED and APPROVED this 8th day of December, 1993. BOARD OF TRUSTEES OF THE LIBERTY UNION HIGH SCHOOL DISTRICT: By President AWEST: EST: Clerk of the Board of Trustee of the Liberty Union High School District BAKW&G/WJKn612.01 3 Exhibit "A" MEASURE [ ]: Shall the Liberty Union High School District incur bonded indebtedness in the principal amount of $25,000,000, with an interest rate not to exceed the statutory maximum, for the purpose of acquiring and improving real property, including the construction of a new high school facility in order to meet the District's needs for additional classroom space and related educational facilities to alleviate overcrowding? BAKw&G/WM7612.41 4 _] I c70 E C tl L, THE BOARD OF TRUSTEES ORINDA UNION SCHOOL DISTRICT JAN 1993 ORINDA, CALIFORNIA CLERIC BOARD OF SUPERVISORS RESOLUTION ORDERING SPECIAL TAX ELEC CONTRA COSTA CO. AND SETTING FORTH THE SPECIFICATIONS THEREOF WHEREAS, for a period of years the Orinda Union School District has not been funded adequately by the State Legislature to provide a quality educational program, and the District is committed to eliminating all deficit spending and to maintaining a balanced budget; and WHEREAS, the District has exhausted all feasible means of generating funds and cutting expenditures using donations from the Educational Foundation of Orinda, the Parents ' Clubs, and the current parcel tax to fund basic programs, and without a parcel tax the District would be forced to significantly reduce basic educational services; and WHEREAS, the District has been affected adversely by Serrano vs. Priest equalization and Proposition 13 ; and WHEREAS, the District' s projected revenues for the foreseeable future will be inadequate to resolve the ever-increasing financial crisis without continuation of the current parcel tax which expires in June, 1994, and will require further elimination and reduction of educational programs; and WHEREAS, the proceeds of a special tax will help the District to maintain its current level of educational programs; and WHEREAS, proceeds from the sale of surplus property by law may be spent on facilities only and are not available to support educational programs; and WHEREAS, Section 4 of Article XIII B of the California Constitution authorizes that the appropriations limit of any entity of government may be changed by the electors of such entity, for a period of up to four (4) years; and WHEREAS, it is the intent of the Board of Trustees of the Orinda Union School District to conduct an election on April 12, 1994, for the purpose of submitting to the electors of this District a measure: 1) to enact a special tax commencing on July 1, 1994, to raise revenue for a period of five (5) years to fund programs critical to the quality of the educational process in the Orinda Union School District; and 2) to increase the District's appropriations limit for four (4) years; F RESOLUTION ORDERING SPECIAL TAX ELECTION AND SETTING FORTH THE SPECIFICATIONS THEREOF Page Two NOW, THEREFORE, BE IT RESOLVED THAT: 1. An election shall be held within the boundaries of the Orinda Union School District on Tuesday, April 12 , 1994, pursuant to Section 4 of Article XIII A and Section 4 of Article XIII B of the California Constitution, and Government Code Section 50075. 2 . The form of the ballot measure shall read as follows: Shall the Orinda Union School District be authorized to levy a special tax of ninety-seven dollars ($97 . 00) per year per parcel (as defined in the voter pamphlet) for a period of five (5) years to: maintain programs critical to the quality of the educational process; maintain a class size that maximizes learning by our community' s children; and attract and retain qualified and experienced employees? Commencing on July 1, 1994 , shall the District's appropriations limit be increased by the amount of a special tax for each of the four (4) years as authorized by Section 4 of Article XIII B of the California Constitution? 3 . For the purposes of this special tax, the definition of the term "parcel, " which is to be included in the voter pamphlet, shall be as follows: The term "parcel" shall mean any parcel of land, wholly or partially located within the District, for which the Contra Costa County Assessor has assigned an assessor's parcel number. 4. The Board of Trustees may reduce the special tax levy, at any time, from ninety-seven dollars ($97. 00) per year per parcel based on the Board's determination of the adequacy of total available revenues to meet total District obligations over the five (5) year duration of the special tax levy. 5. Subject to two-thirds approval of the voters, the qualified special tax shall be collected by the Contra Costa County Tax Collector at the same time as and along with, and shall be subject to the same penalties as general ad valorem taxes collected by said tax collector. The tax and penalty shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. RESOLUTION ORDERING SPECIAL TAX ELECTION AND SETTING FORTH THE SPECIFICATIONS THEREOF Page Three 6. It is not intended that the collection of the special tax provided for herein decrease the funds available from - the State of California in any period from the effective date hereof. In the event that it does, the District may reduce the special tax levy. 7. If any section, sub-section, sentence, phrase or clause of this resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this resolution. This Board declares that it would have adopted this resolution and each section, sub-section, ' sentence, phrase or clause thereof irrespective of the fact that any one or more sections, sub-sections, phrases, sentences or clauses be declared invalid. 8. The Clerk of Contra Costa. County is hereby requested and authorized to consolidate the District "special tax" election with any and all elections to be held on Tuesday, April 12 , 1994 . 9 . The Clerk of Contra Costa County is hereby requested to carry out all necessary duties in connection with the election, including: 1) printing and mailing sample ballots, arguments and applications for absentee ballots to the qualified electors of the Orinda Union School District; 2) providing the same polling places as those used in the regular election of school Board members; 3) canvassing returns and certifying the results to the Board of Trustees of the Orinda Union School District; and 4) performing all other election duties prescribed by law. 10. The Secretary of the Board of Trustees of the Orinda Union School District is hereby authorized and directed to certify the due adoption of this resolution and to transmit a copy hereof so certified to the Superintendent of Schools of Contra Costa County and to file a copy hereof so certified with both the County Clerk and the Elections Department of Contra Costa County. 11. Upon qualification of this measure for the ballot, the County Clerk shall transmit a copy of the measure to the County Counsel. The County Counsel is hereby requested to prepare an analysis of the ballot measure in accordance with Section 5321 of the Elections Code. 12 . The County Clerk and the County Superintendent are hereby requested to take all necessary steps to cause notice of the holding of said election. 0 . RESOLUTION ORDERING SPECIAL TAX ELECTION AND SETTING FORTH THE SPECIFICATIONS THEREOF Page Four PASSED AND ADOPTED by the Board of Trustees of the Orinda Union School District this 30th day of November , 1993 , by the following vote: AYES: Forth, Murphy, Reidenbach, Riddell , Turner NOES: None ABSENT: None Cassandra Forth, President Board of Trustees Orinda Union School District I HEREBY CERTIFY that the foregoing resolution was duly introduced, passed and adopted by the Boar o Trus es at the meeting on said date. I� �) Ri6hard Winefield Secretary, Board of Trustees Orinda Union School District