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HomeMy WebLinkAboutOrdinance - 2339 - Amend Title 6.0 . . . ORDINANCE NO. 2338 AN ORDINANCE OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE SECTIONS 6.14.010 (pURPOSE AND INTENT); 6.14.020 (DEFINITIONS); 6.14.027 (LOCATION OF GAMBLING ESTABLISHMENT); 6.14.080 (SUSPENSION AND REVOCATION OF LICENSE); 6.14.100 (REGISTRATION OF EMPLOYEES); AND 6.14.110 (IDENTIFICATION CARDS) The City Council of the City of Redding does ordain as follows: Section 1. Redding Municipal Code ~ 6.14.010 (Purpose and Intent) is hereby amended to read in its entirety as follows: 6.14.010 Purpose and Intent. The City Council determines that public health, safety, and welfare require the establishment of regulations, pursuant to, and in conformity with, the Gambling Control Act (Bus. & Prof. Code ~ 19800 et seq.); and finds it necessary to regulate: A. The persons who will own, operate, and be employed in card rooms; B. The number of card rooms in the city; C. The location and operation of card rooms in the city; D. The issuance of permits and licenses regarding card rooms, including limitations on the transfer and assignment thereof; and E. The permissible games that may be played in the card rooms. Section 2. Redding Municipal Code ~ 6.14.020 (Definitions) is hereby amended to read in its entirety as follows: 6.14.020 Definitions. Unless the context otherwise requires, the following defmitions shall govern the construction and interpretation of this chapter: A. "Ante" means a stipulated amount put up by all the players that are to be dealt cards. B. "Applicant" shall mean a living person or persons, firm, joint venture, association, co-partnership, limited partnership, general partnership, corporation, principal and agent, or one holding an employment contract involving a percentage of the profits of the proposed operation, or any combination thereof, who applies for either: 1. A license to establish, operate, manage, or maintain a card room; or 2. A work permit to be employed in a card room. ~ ~ \N ~ 1 . . C. "Application" shall mean the form submitted to the city by the applicant, which, when completed by the applicant, will contain the information required by the city upon which the City Council may base its approval or denial of such application. D. Bank: "player bank" shall mean any system maintained by the card room whereby checks, currency, chips, or any other financial consideration is held on account for any use by any person. E. "Bet" or "wager" shall mean to risk money or a thing of value on an uncertain event with the prospect of obtaining money or a thing of value risked by another person or persons on the occurrence of the event. F. "Blind" means a mandatory opening bet made before receiving cards. G. "Card game" shall mean any game played with cards or other devices for money, checks, credits, or any other thing of value. H. "Card room" shall mean any building or structure, or any portion thereof, or any premises or place wherein any person or persons are permitted to playa card game in return for a fee, charge, or other compensation. I. "Card table" shall mean any table or other surface located in a card room upon which any card game is played. J. "Day" shall mean a working day during which the city's administrative departments are open and available to the general public. K. "Employee" shall mean any person employed by a licensee in a card room, who either participates as a dealer in a card game, or is in charge of the card room and required to supervise card tables, or is an agent of the licensee. Any person who is required to routinely enter into the cardplaying area during the course of his or her duties is considered an employee. The tenn "employee" does not include a bartender, culinary worker, or any other person not directly connected with the card room. L. "Hand" refers to cards legally belonging to a player during the course of play and all w;tion which transpires between the shuffle and the winning of the pot. M. "Kill bets" means the amount of money placed as a blind that doubles the stakes. N. "License" shall mean a license granted by the City Council to an applicant to operate a card room in the city. O. "Licensee" shall mean any person who holds a current, valid license to operate a card room, issued by the city. P. "Owner" shall mean any living person or persons, firm, joint venture, association, co-partnership, limited partnership, general partnership, corporation, or any combination thereof, ",rho has any interest, legal or equitable, in any card room or card room license. Q. "Person" shall mean and include a living individual or individuals, firm,joint venture, association, co-partnership, limited partnership, general partnership, corporation, or any combination thereof. R. "Premises" shall mean any structure or portion of a structure to be licensed, or for which a license has been granted, in accordance with the provisions of this chapter, that contains a card room. 2 . . . S. "Proposition player" shall mean an employee or other person who participates in a card game at the request, direction, or demand of the licensee or its agents, or employees; plays with his or her own money; and is solely responsible for his or her own wins and losses. T. "Work permit" shall mean a permit granted to an agent or employee ofthe licensee of a card room by the chief of police. Section 3. Redding Municipal Code ~ 6.14.027 (Location of Gambling Establishment) is amended to read in its entirety as follows: 6.14.027 Location of Gambling Establishment. No gambling establishment may be located in any zone which has not been specifically approved for such a business and none may be located near any of the unsuitable areas, as specified in Business and Professions Code ~ 19862. Section 4. Redding Municipal Code ~ 6.14.080 (Suspension and Revocation of License) is amended to read in its entirety as follows: 6.14.080 Suspension and Revocation of License. All licenses authorized and issued under the provisions of this chapter shall be subject to, and accepted by the applicant as subject to: A. The immediate suspension by the chief of police if the chief of police finds that: 1. The California Gambling Control Commission has suspended or revoked an applicant's state gambling license under the Gambling Control Act; or 2. The licensee, or any agent or employee thereof, has violated, or permitted, allowed, or caused the violation of, any provision of this chapter; or any condition of approval imposed upon the issuance of the card room license; or any state law or regulation relating to the operation of the card room; or 3. The continued operation of the card room jeopardizes or threatens to jeopardize the public welfare. Such immediate suspension by the chief of police shall continue until a decision is rendered by the City Council pursuant to subsection B of this section. The matter of such suspension shall be submitted to the City Council at its first meeting following the suspension action. B. The suspension or revocation by the City Council after a hearing held within fifteen days after not less than five days' notice to the licensee, and after testimony has been taken by the licensee and/or any other interested person, if the City Council fmds that: 1. The California Gambling Control Commission has suspended or revoked an applicant's state gambling license under the Gambling Control Act; or 3 . . . . 2. The licensee, or any agent or employee thereof, has violated, or permitted!, allowed, or caused the violation of, any provision of this chapter; or any condition of approval imposed upon the issuance of the card room license; or any state law or regulation relating to the operation of the card room; or 3. The continued operation of the card room jeopardizes and threatens to jeopardize the public welfare. C. The decision of the City Council shall be final and conclusive. In the event of suspension or revocation of a license, no part of any license fee previously paid shall be refunded. Section 5. Redding Municipal Code ~ 6.14.100 (Registration of Employees ) is amended to read in its entirety as follows: 6.14.100 Registration oflEmployees. A. No licensee or other person in charge or control of a licensed card room shan employ, nor allow any person to work in such card room, without such person having first been registered with the chief of police. B. Registration with the chief of police shall not be deemed complete until the prospective employee has completed an application for such registration on forms provided by the city clerk's office, setting forth the following: 1. The true name of such person, including all other names by which such person is or has been known; 2. The permanent home street address of such person; 3. The name of the card room and the name of the card room licensee for which such person intends to work; 4. The position and duties such person shall hold and perform at the card room; 5. A statement indicating whether or not such person has at any time been arrested and/or convicted of any crimes other than minor traffic offenses, and, if so, the nature of each crime for which such person was arrested and/or convicted, the date, and the jurisdiction of such arrests and/or conviction; 6. Certification by the prospective employee that the contents of the application are true and correct under penalty of perjury. 7. In addition, the prospective employee shall allow the taking of two photographs and two sets of clearly identifiable fingerprints for which such person shall have paid the city clerk the current fee set by the Department of Justice for receiving and processing the fingerprints so taken. C. The chief of police or any other person designated by him shall conduct such other investigations deemed necessary for the purpose of determining whether or not the application accurately sets forth the information requested. 4 . . . . D. Each and every prospective card room employee shall present himselflherself in person at the Redding police investigations division with the completed application for registration. E. A nonrefundable fee, the amount of which will be established, and may be amended from time-to- time, by City Council resolution, will be charged to each prospective employee to cover the costs of such registration, and shall be payable to the city clerk at the time the application for registration is submitted. F. The chief of police shall determine whether the application contains false statements knowingly made; or that the applicant is unfit to be employed by a card room because of prior criminal convictions involving gambling, larceny, usury, bribery, extortion, bookmaking, fraud, sale or possession for sale of a controlled substance, prostitution, pimping, or pandering; and shall notifY the prospective employee and licensee that the application has not been approved. G. At the time of registration, the applicant may be issued a temporary identification card pending the Department of Justice review of the applicant's fingerprints. The temporary card shall be valid for no more than sixty days. H. Should the Department of Justice report indicate that an applicant who has been issued a temporary work pemlit is unfit for any of the reasons listed in this section, the licensee shall be notified immediately. Once such notification has been made the employee shall not be allowed to work in the card room. 1. Upon receipt of a favorable report from the Department of Justice, a permanent identification card shall be issued. J. Limitation of Discretion to Issue Work Permit. In addition to any other restrictions provided by law, no work permit shall be issued to anyone who is disqualified from holding a state gambling license, for any of the reasons specified in Business and Professions Code Section 19859. Any application for a work permit shall be subject to objection by the State Department of Justice, Division of Gambling Control. If the Division of Gambling Control objects to the issuance of a work permit, the work permit shall be denied. Such a denial may be reviewed in accordance with the Gambling Control Act. Section 6. Redding Municipal Code S 6.14.110 (Identification Cards) is amended to read in its entirety as follows: 6.14.110 Identification Cards. All employees, including managers and owner/managers, of a licensed card room shall display a personal identification card at all times while on duty in the card playing areas. Such identification card shall be prominently displayed on the outermost garment, approximately chest height, and shall at all times be readable and in good condition. No such employee shall be allowed to commence work or remain while on duty in the card playing area who does not display such identification card. Wilful failure to comply with this section shall constitute grounds for suspension or revocation of such employee's work permit and/or the card room's license. 5 . . . . Section 7. If any section or subsection of this ordinance, or any portion thereof, is held to be invalid or unconstitutional for any reason, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section of subsection of this ordinance. Section 8. The passage ofthis ordinance is not a "project" according to the defInition set forth in Public Resources Code ~ 21065 and is therefore not subject to the California Environmental Quality Act (Pub. Res. Code ~ 21000 et seq.). Section 10. This ordinance shall take effect 30 days after the date ofits adoption, and the City Clerk shall certify to the adoption of this ordinance and cause its publication according to law I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of the City Council on the 19th day of October, 2004; and was read and adopted at a regular meeting on the 2nd day of November, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: Cibula, Kight, Mathena, StegaIl, and Pohlmeyer COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None , Mayor Attest: Form Approved: ./ CONNIE- STROH~" ,R, City Clerk LYNETTE M. F ANI, Interim City Attorney 6