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HomeMy WebLinkAboutORDINANCES - 11281995 - 95-61 ORDINANCE 95-6.1 (Cardrooms) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text from the enacted provisions of the County Ordinance Code) . SECTION I. SUMMARY. This Ordinance amends section 52-3.107 to expressly allow two additional games and other lawful games approved in advance by the Sheriff or the Board of Supervisors, and to provide for a procedure for cardroom licensees to apply for the playing of new proposed games. This Ordinance amends section 52-3.307 to increase the cardroom license new application fee from five hundred dollars ($500) to ten thousand dollars ($10,000), to make the renewal application fee five hundred dollars ($500), and to make the fees non- refundable. This Ordinance amends section 52-3.309 to delete the provision regarding the use of the application fee and the return of the fee in cases of disapproved applications. This Ordinance amends section 52-3.319 to delete the annual license fee of five hundred dollars ($500) per table and the proration of such a fee, and to provide that, should the Board order it, an approved license shall not be effective and operational until approved by the involved electorate. This Ordinance amends section 52-3.507 to delete the limitation on the number of persons allowed at each table. This Ordinance also amends section 52-3.703 to eliminate the requirement that an applicant for a cardroom work permit reside in the state for one year preceding the application. This Ordinance adds section 52- 320 to do the following: to impose on cardroom licensees a monthly fee of thirteen and one-half percent (13.5 %) of total monthly gross revenue; to retain the fee of five hundred dollars ($500) per table for cardrooms existing and operational before December 30, 1995; to apply the new fees to existing cardrooms that substantially enlarge operations; to require applicants for cardroom licenses to deposit a non-refundable sixty thousand dollars ($60,000) to be credited against monthly fee payments; to require a minimum monthly payment of one hundred thousand dollars ($100,000) following the first twelve months of operation by a cardroom; to impose an additional fee of ten percent (10 a) of the total entry fees for tournaments held in cardrooms; to require licensees to pay any and all applicable County business license taxes concerning the non-cardroom business operations of a cardroom; to require licensees to make monthly reports to the County concerning gross revenue derived from a cardroom; to require licensees to pay for a.certified public accountant's review of a licensee's records at fiscal year's end and the submittal of the accountant's report to the County; to allow the County to audit the books, records, and accounts of licensees; to allow the County to review cardroom licensees' tax returns (that will be confidential unless otherwise required); to charge licensees the full cost of any audit where more than a two percent (2 0) underpayment is found; to provide that certain failures by licensees may lead to the suspension or revocation of a cardroom license; to impose financial penalties against licensees for the late payments of fees; to allow the County to pursue any legal remedies against licensees who become delinquent in required payments; to provide that any and all fees to be paid by applicants and licensees are non-refundable and shall not be prorated; to provide that the 1 ORDINANCE NO. 95- 61 Board may specify different rates for fees if necessary to be competitive with other jurisdictions or to be consistent with current practices in other jurisdictions; and, to provide that, except as otherwise provided, the new fees provisions shall be administered by the county department designated by the County Administrator. SECTION II. Section 52-3.107 is amended to read: 52-3.107. Prohibited types of gambling. (a) Games. Except for draw poker, lowball, panguingue, Texas Hold'em, and double-handed poker (also known as pai gow poker), and other games not violative of California law and specially approved in writing and in advance by the sheriff, or, after appeal, by the board, played in a cardroom licensed under this chapter and otherwise fully complying with this chapter, ordinance code and law, no person shall deal, play, carry on, open or cause to be opened, conduct or bet at or against any lottery or game not prohibited by state law, with cards, dice, or any device, for money, checks, credit, or other representative of value. (b) Procedure for Game Approval. Any cardroom licensee seeking approval of a game not expressly named in subsection (a) of this section may submit an application to the sheriff. The application shall be in a form acceptable to the sheriff, but shall include the name of the proposed game and a detailed description of how the game is played. The application shall be accompanied by an application fee of five hundred dollars ($500) . The sheriff shall review and investigate the application to.determine if the game is not violative of California law. The review and investigation shall be completed within ten business days of the submittal of the application, unless the sheriff notifies the applicant in writing before the expiration of the ten business days that an additional period or periods is necessary to complete the review and application. If the game is determined to be not violative of California law, the sheriff shall so notify the applicant in writing. Play of the game in the applicant's cardroom is permitted upon the applicant's receipt of the sheriff's written notice. If the game is violative of California law, the sheriff shall so notify the applicant in writing, setting forth the grounds and any legal authorities in support of that conclusion. (c) Appeal. Appeals are governed by Chapter 14-4. (Ords. 95-61; 82- 44, 77-113, 1458: § 52.2.202: prior code § 5200; Ords. 1317, 724, 142, 138, 43,_ 42, 41.) SECTION III. Section 52-3.307 is amended to read: 52-3.307. Applications fee. (a) New Applications. An application fee in the amount of ten thousand dollars ($10,000) shall accompany any new application for a cardroom license. Such fee shall be non-refundable. A deposit is also required under Section 52-3.320 (b) . (b) Renewal Applications. A renewal application fee in the amount of five hundred dollars ($500) shall accompany any renewal application for a cardroom license. Such fee shall be non-refundable. 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