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HomeMy WebLinkAboutMINUTES - 06161998 - C14 TO: BOARD OF SUPERVISORS FROM: Warren E. Rupf, Sheriff-Coroner DATE: June 10, 1998 SUBJECT: Cardroom Ordinance Amendments to Comply With Gambling Control Act SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECQMM DED ACTION Approve and adopt the proposed revisions to the cardroom provisions of the County Ordinance Code (Chapter 52-3, Cardrovms). FINANCIAL IMP-ACT None. REASONS FOR REC9MMENDADONSISIACKAGROUND. Effective January 1, '1998, the State enacted the Gambling Control Act (Bus. & Prof. Code §§ 19800 et seq.). The State has also adopted regulations. The Act regulates all gambling establishments, including cardrooms, in the State. Under the Act, all gambling establishments must be licensed by the State. In July 1998, the State will begin requiring cardroom owners to apply for State licenses. At that time, the State will also review local government cardroom ordinances to ensure that they comply with Business and Professions Code section 19851. Section 19851 (a) states that the State will deny a gambling license to any cardroom in a city or county that does not have an ordinance governing all of the following matters: CONTINUED ON ATTACHMENT: X YES SIGNATUR _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B CO ISI _APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON r c. , -1�i 9,1� APPROVED AS RECOMMENDED THEit— VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN /UNANIMOUS(ABSENT----) ACTION TAKEN AND ENTERED ON THE AYES; NOES: MINUTES OF THE BOARD OF: ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN ATTESTED ` PHIL BATC .LOR,CLEkK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY; DEPU' Orig: Sheriff-Coroner cc: County Administrator Clerk,Board of Supervisors County Counsel "(1) The hours of operation of gambling establishments. (2) Patron security and safety in and around the gambling establishments. (3)The location of gambling establishments. (4) Wagering limits in gambling establishments. (5) The number of gambling tables in each gambling establishment and in the jurisdiction." The proposed revisions to the cardroom provisions are primarilyrelated to compliance with the Gambling Control Act. Hours of Operation See proposed ordinance section 52-3.505 (c). The County cardroom provisions presently do not restrict the hours of operation. Consistent with the current practice in the County, the Sheriffs Office proposes unlimited hours of operation for cardrooms. However, the Board of Supervisors has authority(under ordinance section 52-3.317) to set hours of operation as a condition to a license. The Sheriff's Office also proposes prohibiting the service of alcoholic beverages between 2.00 a.m. and 6:00 a.m., which is consistent with State law(Bus. & Prof. Code § 25631). Security and Safety See proposed ordinance section 52-3.511. The State Attorney General requires county ordinances to address the security and safety in gambling establishments, and suggests that ordinances require the owner to be liable for the security and safety of the patrons. The Attorney General also suggests that, if limitations are permitted on such liability, those limitations be posted to give the;patrons adequate notice. The Sheriff's Office proposes that each licensee be responsible for injuries to persons and\or damage to property in and around the cardroom resulting from the licensee's intentional and\or negligent operation of the cardroom, and that each licensee be required to carry comprehensive liability insurance to cover such responsibility. The Sheriff s Office also proposes that applications for cardroom licenses include descriptions of proposed security measures (see ordinance §§ 52-3.305 (4) and 52-3.315 (6)). The Sheriffs Office further proposes that the Board have the authority to impose license conditions that relate to the safety and security of persons in and around the cardroom (see ordinance § 52-3.317 (5)). Location of Cardrooms See proposed ordinance section 52-3.315 (7). The State Attorney General requires each county ordinance to address the zoning requirements for the gambling establishments. The Sheriffs Office proposes requiring that all applicable County ordinance zoning and land use requirements be satisfied before a County cardroom license will issue. It is our understanding that such a requirement would be consistent with current County practice. Wagering Limits See proposed ordinance section 52-3.505 (d). The County cardroom provisions currently provide that only table stakes may be allowed. The State Attorney General requires county ordinances to address wagering limits in the gambling establishments, and suggests that such ordinances require the owner to clearly post any local, house or wagering limits to give the patrons adequate notice of e the rules relating to wagering. The Sheriff's Office proposes to maintain the table stakes standard and require cardroom licensees to post signs on wagering limits. Number of Cardroom Tables See proposed ordinance section 52-3.509 (c). The County cardroom provisions currently allow ten tables, but the Board of Supervisors may authorize an unlimited number of tables. The State Attorney General requires county ordinances to address the maximum number of tables allowed in each establishment and in the county. The Sheriff's Office proposes limiting cardrooms to sixteen tables. State Gambling Licenses See proposed ordinance sections 52-3.305 (5) and 52-3.315 (5). The Act prohibits a county from granting or continuing a cardroom license to any person unless that person holds a State gambling license. Extension of Credit See proposed ordinance section 52-3.505 (b). The County cardroom provisions are currently silent about the extension of credit by cardroom licensees. The Sheriffs Office proposes allowing licensees to extend credit for gambling purposes to any player. Reports on Cardroorn Employees See proposed ordinance section 52-3.505 (i). The Sheriffs Office proposes requiring cardroom licensees to report to the Sheriff's Office three times a year concerning the identities of cardroom employees and those terminated as cardroom employees. The Layout of Cardrooms See proposed ordinance section 52-3.509 (b). The Sheriffs Office proposes updating the provision concerning the layout of the cardroom. Tournaments See proposed ordinance section 52-3.509 (c). The State Attorney General requires county ordinances to address how the temporary use of cardroom tables will be treated in tournaments and special events. The State will issue special licenses for tournaments and special events. The Sheriff's Office proposes allowing cardrooms to have up to nineteen tables on a temporary basis for tournaments or special events that the State has authorized. Disqualification of Cardroom Work Permit Applicants See proposed ordinance section 52-3.703 (a) (1). The Sheriff's Office proposes to delete the reference to arrest records (see Sus. & Prof. Code § 451). (See also ordinance section 52-3.305 (2).) See proposed ordinance sections 52-3.703 (c), 2-3.707, and 52-3.903. The Act prohibits a county from issuing a work permit to any person who is disqualified from holding a State gambling license. The Act requires a county to allow the State to object to a county's issuance of a work permit. The State Attorney General requires a county ordinance to provide a mechanism for the State to object. The Sheriff's Office proposes ordinance revisions setting forth the Act's grounds for disqualifying work permit applicants, requiring the Sheriff's Office to ............................................................................... ..................................................... notify the State about applicants, and precluding the issuance of a work permit if the State objects. Fees In the near future, the Sheriff's Office intends to propose new cardroom-related fees to the Board. CONSEQUENCES OF NEGATIVE ACTION The failure to adopt modifications to the County cardroorn provisions may result in the State's denial of licenses to cardrooms currently operating in the unincorporated area of the County. _ ......_.................................................................................................................................... ......... ......... .._.__............._.... ......................... ............. __......... ......_..... ......... ORDINANCE 98- (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 1. SUMMARY. This Ordinance amends section 52-3.113 to recognize the applicability of state law to cardroom licenses and work permits. This Ordinance amends section 52-3.305 to delete arrest information from cardroom license applications, and to require cardroom license applications to include descriptions of proposed cardroom security measures and the status of the applicant's state gambling license or application. This Ordinance amends section 52-3.315 to require the Board to make the following additional findings before approving. a cardroom license: that the applicant has a valid state gambling license; that the applicant has made provision for cardroom security; and that all applicable zoning and land use requirements of the County Ordinance Code have been satisfied. This Ordinance amends section 52-3.317 to allow the Board to impose conditions on licenses based on public health and safety considerations and to impose conditions related to cardroom security. This Ordinance amends section 52-3.320 to refine what it means to substantially enlarge cardroom operations, consistent with other Ordinance amendments, and to make some clarifications re no refunds. This Ordinance amends section 52-3.501 to reflect that article 52-3.5 sets forth cardroom rules. This Ordinance amends section 52-3.505 to require the licensee to safely keep the player's winnings upon the player's written authorization, to authorize licensees to extend credit for gambling purposes to any player, to set forth the hours of cardroom operations, to prohibit the serving of alcoholic beverages during certain hours, to establish table stapes as a wagering limit, to require the licensee to post signs showing wagering limits, to delete thetit that the Sheriff issue idpntlfioa#lora b dges,:tp�requ�lro Sheri ff apprpv�l of idea fica#rc n badges; and to require the licensee to notify the Sheriffs Office three times a year about the employment and termination of cardroom employees. This Ordinance amends section 52-3.509 as follows: to delete the requirement that card tables and players be visible from the front door; to add the requirement that the layout of the cardroom may not hinder law enforcement surveillance and the enforcement of the law; to delete the authority for an unlimited number of tables; to add a limit of sixteen tables, except that up to nineteen tables may be authorized on a temporary basis for tournaments or special events authorized by the state. This Ordinance adds section 52-3.511 to impose responsibility on the licensee for patron security and safely in and around the cardroom for iHurjes to persons or pFeper4y in and areund the eefdreem resulting fFern the Heensee's *ntentional or negligent operation of the eardreorn , to require the licensee to maintain comprehensive liability insurance, to require the licensee to furnish the 1 ORDINANCE NO. 98- . .._....... __....... ......... ......... ......... ......... ......... ................... ......... ......... ......... ......... ......... ._....... ......... ..._...._. ......... .......... ..................... County with evidence of such insurance coverage, and to authorize the Sheriff to require the licensee to take additional security steps. This Ordinance amends section 52-3.703 to delete arrest information from cardroom work permit applications, to require the Sheriffs Office to notify the state when applications are received, and to prohibit the issuance of a work permit if the state objects. This Ordinance amends section 52-3.707 to set forth specific grounds for disqualifying applicants for cardroom work permits. This Ordinance amends section 52-3.708 to require the renewal of cardroom work permits to follow a set procedure. This Ordinance amends section 52-3.901 to state that cardroom licenses are immediately suspended and revoked upon notification by the state that the person's state gambling license has expired, or been suspended or revolted. This Ordinance amends section 52-3.903 to state that cardroom work permits are suspended and revoked if the state notifies the County to revoke the permit or the permittee becomes disqualified to hold a state gambling license. SECTION 11. Section 52-3.113 is amended to read: 52-3.113 No vested right. Even a valid cardroom license or work permit creates no vested property or personal right for the licensee or permittee, and is entirely subject to this chapter and to ordinances and California taw affecting the license or permit from time to time, including new restrictions, conditions, fees, and duration of license or permit validity. Any change required by this chapter to be noted on the license, permit, or application, or noted in required supplementary information, constitutes a termination of the license or permit except for the purposes of Section 52-3.905 and of paying fees. (Ords. 98-_, 82-44: see also § 52-3.105: see Gov. C. § 9606). SECTION III. Section 52-3.305 is amended to read: 52-3.305 Contents. The application shall contain the following information on the applicant(s) and all persons financially interested in the business, including those who share in the earnings or profits and all creditors and mortgagees: (1) True names and addresses; (2) Criminal records, if any, including arrests as well as convictions: (3) Fingerprints and photographs; and (4)A complete description andlor layout of all proposed security measures, both physical and operational, with respect to providing for the safety and security of persons in and around>the cardroom; (5) The status of and a copy of any state gambling license held by the applicant, 2 ORDINANCE NO. 98- .. ............................................................................................................................................................. ........._. ......... ......... ...._.....-__..._.... ........... ............. . .._....... ._..............._.................... and the status of and a copy of any new application or renewal application by the applicant for a state gambling license; and ( ) Any other information required by the sheriff for his investigation. (Ords. 98-_, 82-44, 76-67 § 2, 1779, 1506, 1464, 1458: § 52-2.604: prior code § 5203). SECTION IV. Section 52-3.315 is amended to read: 52-3.315 Findings. The board may approve the application, and order the sheriff to grant the license, only if it finds these facts to be true: (1) That the applicant and all persons financially interested in the cardroom are of good moral character and that none has been convicted of a felony, or of a misdemeanor involving theft or fraud or other dishonesty; (2) That the premises are not near a school or playground, or recreational facility frequented by minors, and that the cardroom will not be detrimental to the welfare of minors; (3) That the design or location of the proposed cardroom will not hinder law enforcement officials in surveillance of cardroom activities, or in enforcement of this chapter or of state laws regulating gambling; (4) That the proposed cardroom will conform with the character of other land uses in the vicinity and will not be detrimental to the health, safety, and general welfare of, or create a nuisance or law enforcement problems within, the neighborhood or community; am:td (5) That the applicant holds a-valid and current state gambling license; (6)That the applicant has made provision for the safety and security of persons in and around the cardroom; (7) That all applicable zoning and land use requirements of this code have been satisfied; and (5 8) That all requirements of this chapter have been satisfied. (Ords. 98-_, 82- 44, 1861, 1508: § 52-2.612(a): prior code § 5205). SECTION V. Section 52-3.317 is amended to read: 52-3.317 Conditions. The board may require that the license be conditioned, as 3 ORDINANCE NO. 98- '.-...........I...............I...................................................................-......­­­.­­­­­­­­ . ... . ......................................................................................................................................................................................... necessary to effectuate this chapter or the public health and safety, including, but not limited to, conditions as to: (1) Location, design, and lighting of cardroom, and number of tables; (2) Hours of operation; (3) Parking location, design and conditions: and (4) Related business on the premises; and (5)The satoty. end persons in and around the oardroto. (Ords. 98-- c� , I ' 1 , r 82-44, 1861, 1508: § 52-2.612(b): prior code § 5205: see also § 52-3.505 ff). SECTION V1. Section 52-3.320 is amended to read: 52-3.320 Fees. (a) Payments. (1) Each licensee, licensed pursuant to the provisions of this chapter, shall pay to the county thirteen and one-half percent of the total monthly gross revenue of the cardroom so licensed. Payment for any calendar month shall be made on or before the 151' day of the succeeding calendar month. "Gross revenue" means and includes the total amounts received from any and all revenue derived from cardroom activities licensed pursuant to this chapter and conducted on or within the premises. (2) For a licensee of an existing and operational cardroom in effect before December 30, 1995, the annual cardroom license fee paid to the county shall be limited to five hundred dollars per table. If a cardroom existing and operational before December 30, 1995 thereafter substantially enlarges cardroom operations, stieh as having mere then ten tables er adding mere then fifty pereent additienal Within, Cownty lim o t� b 'ddin' " more roeht.additional tabllo-!��:o square footage to the cardroom activities area with meFe then ten tab and the sheriff determines that a substantial enlargement has occurred, the fees for cardrooms commencing on or after December 30, 1995 shall apply. (b) Deposit. In the case of a new applicant, a deposit for the first six months' license fee in the amount of sixty thousand dollars shall be paid in advance to the county upon issuance of the license. The sum of ten thousand dollars shall be credited each month against the payment due under subsection (a) of this section. The advance license fees shall become the absolute property of the county and shall not be refunded and shall not be prorated in any manner whatsoever, and in the event of the cessation of such cardroom, whether voluntary or involuntary, no refund of the advance fees shall 4 ORDINANCE NO. 98- ......... ......... ......... ......... ......... ......... .._...... _ ........ ......_........._..._...... ......._...... _...._..._. ......... ......... ......... ......... ......... ......... be made. (c) Subsequent Payments. Following the first twelve months of operation, regardless of the total monthly gross revenue, the minimum monthly amount paid by licensee to the county shall be at least one hundred thousand dollars. (d) Tournaments. In the event any tournament is held at the cardroom, licensee shall pay to the county ten percent of the total entry fees in addition to the total monthly fee specified herein. (e) Noncardroom Business. For any noncardroom business operation owned by the licensee and on the premises, including, but not limited to, food and beverage service or rental of facilities, licensee shall pay to the county any and all applicable business license taxes pursuant to Section 64-14.202 et seq., as may adjusted or amended. (f) Monthly Reports. Each licensee shall file with the county, before the 15th day of each calendar month, a reporting form under penalty of perjury and approved by the county showing the true and correct amount of gross revenue derived from the licensed cardroom for the preceding calendar month. Such statement shall be accompanied by payment of the correct amount of license fee due and owing in accordance with this section. Such sums correctly reflecting the fees payable for the preceding month shall be accepted by the county, subject, however, to the future right of the county to audit the matters referred to in any such statement and to determine the correctness of the figures and the amounts payable to the county pursuant to the provisions of subsections (g) and (h) of this section. (g) Accountant Review. Licensee shall arrange, at licensee's own expense, on an annual basis, for a certified public accountant approved by the county to audit the books, documents, records and accounts relating to the gross revenue 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 county. The county shall review the report and work papers and may require any further information from the licensee. The county may submit such documents and information to a second certified public accountant for review. The expense of such second review shall be shared equally between the county and licensee. (h) Audits. In addition to the annual audit required in subsection (g) of this section, the books, records and accounts of any cardroom may be audited by the county at any time. Upon request of the county, the licensee shall provide to the county copies of licensee's 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 5 ORDINANCE NO. 98- ........_ ......... ......... ......... ......... ......... ......... ......... ._.................... .. ..._............._.......... ......... ......... ....._... ._....... ......... ......... ......... ......... .........._......... a county-conducted audit discloses an underpayment to the county in excess of two percent 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 unless otherwise required. (i) Failures. Any failure or refusal of licensee to timely make and fide any required statements, or to pay any such fees 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 as provided in this chapter. Penalties for late payment shall be imposed as follows by the county: a twenty-five percent penalty for an annual license fee which is not paid within thirty days of the due date, and, any person who fails to pay any other license fee within thirty days of the due date shall pay interest at the rate of one and one-half percent per month, or fraction thereof, on the amount of the fees and penalties from the date on which the license fee is delinquent until paid. (j) Legal Remedies. The amount of any licensee fee, penalties and interest imposed by the provisions of this chapter shall be deemed a civil debt to the county. The county may pursue any legal remedies against licensee for the collection of any delinquent license fee, penalties, interest, liens, and all administrative costs incurred in connection therewith, including attorneys'fees. (k) No Refunds. Any and all fees paid by the an applicant and/or licensee shall become the absolute property of the county and shall not be refunded to any such applicant and/or licensee when whether or not such license is issued, and such fees shall not be prorated in any manner whatsoever, and in the event of the cessation of such cardroom, whether voluntary or involuntary, no refund of the advance fees shall be made whatsoever. (1) Different Rates. The board may specify a different rate for any of the fees imposed under this chapter if it finds that doing so is necessary to be competitive with other jurisdictions or to be consistent with current practices in other jurisdictions where cardrooms operate. (m) Except as otherwise provided, the provisions in this section shall be administered by the county department designated by the county administrator. (n) Notwithstanding any other provision of this chapter and except subsections (a)(2), (e),(i), 0), (1) and (m), this section does not apply, even upon a transfer or renewal of a license, to a licensed cardroom existing and operational before December 30, 1995, unless the cardroom's operations are substantially enlarged' on or after 6 ORDINANCE NO. 98- December 30, 1995. (Ards. 98-_, 95-61, 82-62 § 1, 82-44, 76-67 § 2 1779, 1506, 1464: § 52-2.616, § 52-2.618(a): prior code § 5205.5, 5206). SECTION VII. Article 52-3.5 is amended to read: Article 52-3.5 Cardroom Restriotie Rules SECTION Vill. Section 52-3.501 is amended to read: 52-3.501 General. The restrietions ales in this article apply to all present and future cardrooms and cardroom licenses and licensees, whether or not recited in the licenses, except those partly or wholly exempted under Section 52-3.115. (Ords. 987_, 82-44). SECTION IX. Section 52-3.505 is amended to read: 52-3.505 Operations. (a) Deposit Winnings. The licensee shall have a check promptly issued to any player so requesting in exchange for his winnings, but the player may instead in ,, no require the licensee to safely keep the player's winnings for him for an agreed reasonable time. (b) . ExtensiQmof{'r6dlt:,, The li ens to ay ext�:nd credit for gambling,purposes:to any play:pr (d) Hours of Qperation; Alcoholic Beverages'Restriction$. + ardrbe qp n:t'w tit+-ft r h .uf a day; seven days a week Na°air he ilc ter es r"b' saryd r eonumetl at'a cardraom:bitween 2:00"a:m. and: s•00 d;:tn. "Tide Icersee shill cohsplcuously display,signs in"the cardroom stating these matters (d)Wagering Limits. Nig more than "table stakes" shell be allowed to an "game at:ony"pardroon, "Ta016stakes" means that no w;,t in any 4,000 shsll ; a�i the arrlpunt;that the,-player=has in f ont pf htrr% ar her at:the start of thahand: Tl�t���nsee sll it cp#ispicu uaty display signs In the cardroorr stating ttta n ore:than,' le stakes sl7I ba allowed �n any game:.-1t further limas on wager#ng. pply t at #abier the lidera a shalt conspicuously Of play,a sign at or next.to the tabic stattrlg.the"ft er wagon vmfts (ee) Licensee Responsible. The licensee is responsible that the operation and playing are strictly in accordance with state law and this chapter. (6f) Name Badges. Every person who has or should have a work permit or a 7 ORDINANCE NO. 98- cardroom license shall, while at the card tables, always wear at about chest height on the outermost garment an identification badge iesaer# in a form approved by the sheriff, always plainly readable and in good condition. (e ) Signs. The licensee shall post one or more signs, plainly visible throughout the cardroom, stating as many of the regulations of this chapter as the sheriff may require. (€h) Every cardroom must be open to official inspection at all times for purposes enforcing this chapter. (gi) Every cardroom licensee shall, within seventy-two hours of the effective date of the ordinance codified in this section, file with the sheriff a written list stating the name and cardroom work permit number of every cardroom employee employed at each licensed premises. Within seventy two houre from the time a eardreem eFMpleyee is thereaftef employed er term.nated, the lieensee shall notify the sheriff in writing of the eardreem , at eaeh lieensed premises. Durinz9 thee*v-0aryv, Jdneid"Qctober f:esich year, this"I,censeehll nct€y the"sheriff invrIPrgf the nage and cardrac�. work pone numbed each cardrps m er i layee rp Oy or in ted dt a sh#icer s d premises during any portion-o€the'previous°four rnz►nths; (Orris. 98-__, 89-34, 82-44, 1506, 1548: § 52-2.416 in part: prior code',§ 5213). SECTION X. Section 52-3.509 is amended to read: 52-3.509 Location, tables. (a) One Cardroom. Only one cardroom may be located at one address or in one premises. (b) Location. Garelfeems shall be on the ground fleer and aFranged so that all opening.eard tables and players are plainly visible ffem the ffent door The:layout a€`the c .orn may nbt hinder'."lew enforcement;offioials in curve liapoe of rd rMiroo aac#lVities or In errforcemerit of thl oh pier or state Is +r regulating gambling. (c) Tables. Pio cardroom shall have more than ten sixteen tables unless expfessly allowed by the board upon reeammendation by the sheriff and fire ehief. ext that, subject to the gpproval of the sheriff, upon r+� "r�tendatfon by the fire chief;-si rdrt m rr a�r't1 up tri nineteen to les on temporary basis f e Worn, ant or speclal,evon't, if the tournament or special event is authorlked by the state. (Ords. 98-_, 82-44, 1506, 1458: § 52-2.416 in part: prior code § 5213). 8 ORDINANCE NO. 98-_ SECTION XI. Section 52-3.511 is added to read: 52-3.511 Safety and Security. Pursuant to Business and Professions Code section'19851 (a)(2),each licensee shall be responsible for patron secunity and safety in and around the cardroom. -dreamteFne As to cardroom operations, each licensee shall maintain comp' rehOnsive liabllity coverage for a#damages due to bodily ijrJury sickness or disease, or death Ab any person;'And,damage to property, includsng:the:lps thereof, an -gout of each accident or occurrence. Each licensee shall furnish.the.t urtity evidence of such insurance coverage. The sheriff may require a licensee tc the additional safety and security steps,including,but not limited Ad,,the use 1,security guards, increased lighting, and deo,reased hours;of operation. Mrd 98`-. �. SECTION XI1. Section 52-3.703 is amended to read: 52-3.703 Application. (a)An applicant for a cardroom work permit must be an individual human being who shall submit his verified written application to the sheriff, including: (1) His criminal record, if any, including arrests as well as convictions; (2) His fingerprints and photograph; and (3) Any other information that the sheriff may deem necessary to determine whether a work permit should be issued. (b) Fee. The applicant shall pay an application fee of fifty dollars, of which the sheriff shall refund any balance unused in processing the application if it is denied. (c) Upon receipt t3f a written application for a rrvork permit, the ghedff shall notify the state of the application, No wont perr»it shall be issued`if the`state lnforrns the sheriff that it has an objection to the issuance of a work permit. (Ords. 98-._.®, 95-61, 82-44, 76-67, 1779, 1506, 1458: § 52-2.406: prior code § 5208). SECTION XIII. Section 52-3.707 is amended to read: 52-3.707 Action. (a) Cause. The sheriff may deny the initial or renewal application only if, in , the applieent was ever eenvieted of a felony, or e eharaeter- after an investigation, the sheriff concludes that the applicant is disqualified for any of the following reasons: 9 ORDINANCE NO. 98 (1) Conviction of the applicant for any crime punishable as a felony. (2) Conviction of the applicantfor any misdemeanor involving dishonesty or moral turpitude within the ten=year.pariod immediately preceding4116,submission of the appEication, artless the applicant has been:granted relief pursuant to PenaE Code sections 1.203:4, 12133.40; or 1203.41.; (3)Associationof the applicantatith:criminal praiteer.Ing activity or ilranized crime„as defined by Penal-Code s60tion 186.2. (4) Corituracic3r s-de#iance by,the applicant of ► y tegNlattu rc ve ti a#ory-body, or'other o�ciel inv€'stigrtby tardy of.: rty sfate or of the Uriteii Stes when=that body is er r a e m the tnue$t on f;0O �rela ing to ,Jr n ffct it pm poen relatsd to tnbli ectiit�es ter+ til': rot+ tlr °activity crCeni �? a deffned try Penal t da seal in 18&21, (5)The applicant-i =disgusl�te`d from holding a:: tat ; arnloin ��cer�eJo. (6) The state abjedts#o'the fssu nc f.:a-work pari#tp the sp li nt: (7)3he appl'icant is nnt�af gold=rncrral character. (b) Issue. Otherwise, the sheriff may issue a twelve-month nontransferable permit to the applicant with such conditions noted as the sheriff believes conduce to effectuating this chapter. (c) Fee. Each permittee shall immediately pay a nonrefundable nonproratable permit fee of fifty dollars. (d)Appeal. Appeals are governed by Chapter 14-4. (Ords. 98 82-62 § 3, 82- 44, 1779, 1458: § 52-2.408, § 52-2.410: prior code §§ 5209, 5210). SECTION XIV. Section 52-3.708 is amended to read: 52-3.708 Renewal. (a) Application. Before the end of the eleventh month of the permits life, the permittee may apply to the sheriff to renew it. (b) Form, Fee, Procedure. The procedure shall spate be that in Sections 52-3.321(c), 52-3.703, and 52-3.707, except that: (1) The application fee is twenty-five dollars, any unused remainder of which is refundable only if the renewal is denied; 10 ORDINANCE NO. 98 (2) No fee is due for issuing the permit; and (3) Action is by the sheriff rather than the board. (Orris. 98-_, 82-62 § 4). SECTION XV. Section 52-3.901 is amended to read: 52-3.901 Cardroom license. (a) Notice. The board may suspend or revoke a cardroom license at any time, after giving the licensee(s) reasonable notice of opportunity to be heard in defense against noticed charges. it1 :.ft`C li"1 t, State a I @rise#?'S s # Cl1 3{n9 lig-411 e.had explyd prseni :revpked�the licensee's:licnedelr this chtx tdiefluerdali 40"',eV.c iii (I3t) Cause. Any violation of requirements in, or pursuant to, this chapter is cause for suspension or revocation. (ed') Effect. Neither suspension nor revocation affects any fee already due or paid, nor does it extend the life of any license. A revoked license is voided, and cannot be transferred, reinstated, renewed or re-issued; but a suspended license may be reinstated as a valid license upon such conditions as the board may impose, in its discretion under this chapter, including penalty fees not exceeding ordinary fees for a new license. Such board actions are additional to, and not'a limitation on, other civil and criminal proceedings under this code or state law. (Ords. 98 82-44, 1458: § 52- 2.410: prior code § 5211: see also Chaps. 14-6, 14-8 & 51-4). SECTION XVI. Section 52-3.903 is amended to read: 52-3.903 Work permits. Any cardroom work permit may be suspended or revoked, like a cardroom license under Section 52-3.901, except that the action is by the sheriff and the cause must be a violation related to that work permit. A cardroorn work per�rtit isusprted e,nd sl b rerroked if�the stats r+otifies the county to revtake the prapermfttee becl�e; ;dquallied.tis holda Mate gambling license. (Orris. 98-_, 82-44, 1458: § 52-2.412: prior code § 5211). SECTION XVII. Effective Date. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors, voting for and against it in the , a newspaper published in this County. (Gov. Code §§ 25123 & 25124.) 11 ORDINANCE NO. 98 . .................................................................................................................................................... ......... ......... ......... ......... ......... ._....... ..........._._...... _...._...... ........ .............. .............. PASSED ON , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] 12 ORDINANCE NO. 98- ... _ ___..._. .... _ __ REQUEST TO SpL"A1C FCtlti[ (THREE (3) KIMTE LIMIT) Complete this form and place it in the box neer the speakers' rostrum before addressing the card. Name: Phone: 2 _ ' Address = i` city:_ C, 7` � I an speaking for myself _ or organization:_ -J/C- tnaarr>of organisation) CRECE ONE: I wish to speak on Agenda Item # k -.L Date: .ata My comments will be. general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: