Ordinance No. 896CY/4041993.003
ORDINANCE NO. 896
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CYPRESS AMENDING SECTIONS 17 -5 THROUGH 17 -7
OF THE CODE OF THE CITY OF CYPRESS AND ADDING
CHAPTER 15F TO THE CODE OF THE CITY OF CYPRESS
LICENSING AND REGULATING CARD CLUBS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS
FOLLOWS:
SECTION I. Sections 17 -5 through and including 17 -7
of the Code of the City of Cypress are hereby amended to read as
follows:
"Sections:
17 -5 Gambling- Prohibited Generally.
17 -6 Same - Participation in, etc.
17 -7 Same - Bingo, Keno, etc.
Sec. 17 -5 Gambling- Prohibited Generally. Except as
specifically allowed pursuant to the provisions of Chapter 15F of
this Code:
A. No person shall, for profit, for anything of value
or for commercial purposes of any nature, keep, operate, conduct or
maintain, either directly or indirectly, any house, room,
apartment, dwelling place, commercial, industrial or recreational
structure or facility or other place or any game, gambling or
gaming not mentioned or included in Section 330 or 330(a) of the
Penal Code of the state is played, conducted, dealt or carried on
whether with cards, dice or any other device of whatsoever nature
for money, checks, credit, merchandise or other representative of
value.
B. Every person, either as owner, lessor, lessee,
principal, agent, employee, participant or otherwise, who
maintains, keeps, operates or conducts, directly or indirectly, in
whole or in part, or who directly or indirectly is in possession,
in whole or in part, of any house, room, apartment, dwelling place,
commercial, industrial or recreational structure or facility or
other place upon or in which any gambling, games or gaming,
prohibited in this section, is played, conducted, dealt or carried
on, and who imposes or collects a fee or anything of value for the
privilege of participating in any way whatsoever in any such games,
gambling or gaming, or who directly or indirectly gains or receives
anything of value or any financial profit from playing, conducting
or dealing of any such games, gambling or gaming, shall for the
purposes of this section be deemed to be keeping, conducting,
operating and maintaining the same for profit or commercial
purposes.
C. Every person who knowingly permits any of the games,
gambling or gaming which are prohibited to be played, maintained,
operated, conducted or dealt in any house, room, apartment dwelling
place, commercial, industrial or recreational structure or facility
or other place owned or rented by such person in whole or in part
pursuant to this section is guilty of a violation of this section.
Sec. 17 -6 Same - Participation in, etc. Except as specifically
allowed pursuant to the provisions of Chapter 15F of this Code:
A. No person shall visit, frequent, participate in or
knowingly permit any games, gambling or gaming which is prohibited
to be played, operated, maintained, conducted or dealt in any
house, room, apartment, dwelling place, commercial, industrial or
recreational structure or facility or other place.
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B. Every person who shall place or bet at or against
any such games, gambling, or gaming shall be guilty of a violation
of this Section.
Sec. 17 -7 Same - Bingo, Keno, etc. Except as specifically
allowed pursuant to the provisions of Chapter 15C of this Code or
Chapter 15F of this Code:
A. No person, either as owner, lessee, manager,
employee, agent or servant, shall conduct, manage, carry on,
maintain, operate, open, deal or deal in or cause or permit to be
conducted, managed, carried on, maintained, operated, opened,
dealt, or dealt in any game, operation or transaction wherein any
prize, gift, rebate, compensation, reward, award, payment or
gratuity, consisting of any money, check, token, credit, goods,
wares, merchandise, property or thing of value, is or is to be
given, awarded or delivered, either directly or indirectly, and
wherein chance is a determining factor or is any determining factor
of the result of such game, operation or transaction which game,
operation or transaction is conducted, carried on, maintained,
operated or played by the throwing, tossing, dropping, depositing
or placing of any ball, marker, object, thing or substance into any
perforation, hole or indentation in or upon any surface,
receptacle, container, object or thing having marked, designated or
identified thereon by or with any figure, number, character,
symbol, letter, design or mark of any kind, or by the selecting,
designating, turning, indicating, choosing or projecting of any
such figure, number, character, symbol, letter, design or mark by
means of any device, apparatus or equipment, or by any means or in
any manner, or by the drawing, selecting, choosing or removing from
any receptacle or container of any ball, disk, object, substance or
material marked, designated or identified by or with any figure,
number, character, symbol, letter, design or mark, any such figure,
number, character, symbol, letter, design or mark hereinabove
referred to, corresponding to, duplicating, referring to or
relating to, in whole or in part, directly or indirectly any
figure, number, character, symbol, letter, design or mark upon any
card, paper, board, fabric, surface, object, substance or thing,
held, used, operated or maintained by any player or participant
therein or by any person, where by any predetermined or pre-
arranged or any other rule, method, scheme, design or procedure any
person is found, declared or determined to be, or is, or is to be,
the winner, donee, recipient, or taker of such prize, gift, rebate,
compensation, reward, award, payment or gratuity in the event that
any such player or participant pays, deposits, expends, gives or
pledges, either directly or indirectly, or agrees, promises or
intends to pay, deposit, expend, give or pledge, either directly or
indirectly, any money, check, credit, property or thing of value,
or makes or agrees to make any purchases for the privilege of
paying or participating therein or of gaining admission to the
place or premises where such game, operation or transaction is, or
is to be played, conducted, carried on, maintained or operated or
to any other place or premises.
B. No provision of this Section shall be deemed or
construed as prohibiting any act made unlawful by the provisions of
Sections 320, 321, 330 and 330(a) of the Penal Code of the state,
or of any other section of such code or general law of the state.
It is the intent of the City to prohibit by this section all games,
operations or transactions herein described, not prohibited by the
provisions of any general law of this state, including all games,
operations or transactions for profit, commonly known as keno,
tango, movie tango, beano, skill ball, fortune, quintain,
fascination or inspiration, and all games, operations and
transactions similar thereto under whatever name they may be
designated.
C. No person shall participate in, play, playing in or
engage in, either directly or indirectly, any game, operation or
transaction prohibited by the provisions of this section.
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D. No person owning, leasing, managing, controlling or
having any interest in any property or premises within the City
shall cause or permit the maintenance or operation in or on such
property or premises, having knowledge of or after reasonable
notice of the existence of any game, operation or transaction
therein, prohibited by this section."
SECTION II. Chapter 15F of the Code of the City of
Cypress is hereby added to read as follows:
Divisions:
Division 1
Division 2
Division 3
Division 4
Division 5
Division 6
Division 7
Division 8
Division 9
Division 10
Division 11
Division 12
Division 13
Division 14
Sections:
"Chapter 15F
CARD CLUBS
Definitions.
Licenses and Permits Required.
Imposition of Business License Taxes.
Reporting Requirements.
Security Deposit.
Licensing of Card Clubs.
Hearing Procedure.
Pointholders.
Employee Work Permits.
Conduct of Card Clubs.
Entertainment Center.
Removal of Persons from Card Clubs.
Prohibited Conduct of Players.
Miscellaneous.
DIVISION 1 - DEFINITIONS
15F -1 Definitions.
Sec. 15F -1 Definitions. For the purposes of this Chapter
regulating Card Clubs hereinafter set forth, 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 who has filed an
application seeking to be approved by the City as having an
ownership interest in a licensed Card Club or as being employed by
a Card Club in any capacity, or a person seeking approval of
Pointholder status.
(b) Business License Taxes shall mean the applicable
taxes imposed pursuant to the provisions of this Chapter. Whenever
reference is made in this Chapter to a 'business license fee,' such
reference shall mean 'business license tax.'
(c) Card Club shall mean a business or enterprise
licensed under the provisions of this Chapter for the playing of
card games as provided in this Chapter. Card Club shall also
include lawful accessory uses, including Entertainment Center,
under the City Zoning Ordinance.
(d) Card Games shall mean the playing of any legal
gambling game played with cards.
(e) Card Room shall mean and include that area or areas
within the Card Club in which card games are conducted. Any
License issued hereunder shall designate such card room areas.
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(f) Chief of Police shall include any designee.
(g) City Manager shall include any designee.
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(h) Employee shall mean each and every person engaged as
such in any capacity in the operation or conduct of any Card Club
business who is required to have a work permit to engage in such
activities.
(i) Entertainment Center shall mean and include that
area or areas within the Card Club which are dedicated to
entertainment participated in by the patrons of the Card Club such
as dining, or presented by performers in music, theater, dance or
comedy. Any License issued hereunder shall designate such
entertainment center /performance areas.
(j) Filing and Processing Fees shall mean a fee
established under the provisions of this Chapter and /or City
Council Resolution which is required for the purpose of
administering the provisions of this Chapter.
(k) Finance Director shall include any designee.
(1) Game or Games shall mean the playing of gambling
card games permitted by 1) the State of California in Chapter 10
[entitled 'Gaming'- section 330 et seq.] of Title 9 of the
California Penal Code, 2) reported decisions of the California
courts, 3) opinions issued by the California Attorney General,
and /or 4) opinions of the state agency(ies) having jurisdiction
over gaming.
(m) The Gaming Registration Act shall mean the
provisions of Chapter 5 [entitled 'Gaming Clubs'- section 19800 et
seq.] of Division 8 [entitled 'Special Business Regulations'] of
the California Business and Professions Code.
(n) Gross Receipts shall mean and includes the total
amounts actually received or receivable for seat rental fees,
admission fees, tournament fees and any and all other table
revenues, but shall not include 1) entertainment revenue, 2) food
and beverage receipts, 3) employee tips or valet parking charges,
or 4) revenue received from other permitted retail activities.
(o) House 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. The house player
shall play with their own money. Other terms for house player
include 'proposition player' or 'shill.'
(p) License shall mean a License for operating a Card
Club issued pursuant to Division 5 of this Chapter. 'Licensee,' as
used herein, shall mean the holder of a License.
(q) Owner or Ownership shall mean every person, as
'person' is defined hereinbelow, 1) having any interest, legal or
equitable, in any Card Club or Card Club License, 2) who holds any
direct or indirect financial interest in the Card Club, or 3) who
has power to exercise influence over the operation of the Card
Club.
(r) Person shall mean and include an individual, firm,
association, partnership, joint venture, corporation or legal
entity, whether acting as principal or agent, manager, clerk,
employee or servant, either for or on behalf of himself or for any
other person, firm, association, co- partnership, joint venture,
corporation or otherwise, and any individual, partnership,
association, corporation or other entity owning, operating or
proposing to operate a Card Club in the City.
(s) Point shall mean an interest in the ownership,
division of profits, or revenue of a Card Club, whether legal,
equitable, or of whatever kind or character.
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(t) Pointholder shall mean any person having an
ownership in a Card Club.
(u) Premises or Property shall mean land together with
all buildings, improvements and personal property located thereon
and related to Card Club use.
(v) Table includes the common concept of a table and any
other furniture unit or any device upon which the permitted card
games may be played. A table shall commonly accommodate no fewer
than four (4) players.
(w) Tax or Taxes shall mean a Business License Tax
imposed pursuant to the provisions of this Chapter.
(x) Work Permit shall mean a work permit required by
this Chapter to be issued by the City to any person wishing to be
employed by a Card Club.
DIVISION 2 - LICENSE AND PERMITS REQUIRED
Sections:
15F -2 License /Conditional Use Permit. Required.
15F -3 Pointholder Approval.
15F -4 Work Permit. Required.
15F -5 Application for Licenses and Permits.
Sec. 15F -2 License /Conditional Use Permit. Required. It
shall be unlawful for any person to commence or conduct, or permit
to be commenced or conducted, within the City a Card Club unless
such person has first obtained the following:
(a) A conditional use permit to establish a Card Club
pursuant to the City's zoning and land use regulations of the
zoning ordinance; and,
(b) A written License to do so under, and issued in
compliance with the provisions of this Chapter.
Sec. 15F -3 Pointholder Approval. No person shall acquire an
ownership interest in a Card Club without receiving prior approval
from the California Attorney General and the City Council. As used
herein, 'ownership interest' shall include receipt of points by
hypothecation or holding points in trust for another.
Sec. 15F -4 Work Permit. Required. No person shall work in
a Card Club, in any capacity whatsoever, including such person
working or employed as an independent contractor, unless such
person has first obtained a valid Work Permit from the City. No
Card Club shall employ, in any such capacity, any person not having
a Work Permit issued by the City except performers, their agents
and crew, in their capacity as such performing in the Entertainment
Center.
Sec. 15F -5 Application for Licenses and Permits. The City
Council, by resolution, shall set, from time to time, the amount to
be charged for filing and processing fees and deposits for
applications for a License, Pointholder or Work Permits. In
addition to the fees specified in this Chapter, the applicant shall
reimburse the City for any reasonable and necessary expenses over
and above such fees including costs for hearings and any appeals
therefrom. City officials and employees and their families shall
not be eligible to apply for a License, Pointholder or Work
Permits. For purposes of this Section, families include the spouse
or other person related by blood or marriage to such City official
or employee.
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DIVISION 3 - IMPOSITION OF BUSINESS LICENSE TAXES
Sections:
15F -6 Imposition of Business License Taxes.
15F -7 Quarterly Taxes.
15F -8 Gross Receipts Tax.
15F -9 Delinquent Business License Taxes; Penalties.
15F -10 Business License Tax a Debt.
15F -11 Business License Taxes Not Refundable.
Sec. 15F -6 Imposition of Business License Taxes. Under
authority granted to the City Council by Article XI, Section 5 of
the California Constitution, State law and the Charter of the City
of Cypress, there are hereby imposed upon a Card Club specified in
this Chapter, business license taxes in the amounts hereinafter
prescribed. The Business License Taxes imposed herein are intended
for revenue only and not regulatory fees for the cost of
administering the provisions of this Chapter. It shall be unlawful
for any person issued a License pursuant to this Chapter to operate
a Card Club without paying the taxes hereinafter prescribed or
without complying with any and all applicable provisions of this
Chapter.
Sec. 15F -7 Quarterly Taxes.
(a) Ouarterly Tax. The City Council hereby determines
that each Licensee shall pay a quarterly tax in the amount of
twenty- five - thousand dollars ($25,000.00).
(b) Due Date. The City Council hereby determines that
quarterly taxes shall be due and payable, in advance on January 1,
April 1, July 1 and October 1 of each calendar year.
(c) New Applications. In case of a new application, a
deposit for the first quarter in the amount of Twenty- Five - Thousand
Dollars ($25,000.00) shall be paid in advance to the City when the
License is issued.
Sec. 15F -8 Gross Receipts Tax.
(a) Tax Rate Schedule. In addition to the quarterly
License taxes prescribed by Section 15F -7 of this Chapter, each
Licensee shall pay to the City a monthly Tax, based upon the total
monthly gross receipts of the Card Club licensed, according to the
following schedule:
Total Monthly Gross
Receipts
First $ 0 to $1,000,000
Next $1,000,001 to 15,000,000
Over $15,000,000
Monthly Tax
Based on the
following Percentage of
Total Monthly Gross
Receipts
10.0%
15.0%
20.0%
(b) Should any tournament be held, ten percent (10 %) of
the total entry fees shall be included in addition to the total
monthly gross receipts specified in subsection (a).
(c) Said Gross Receipts Tax shall apply to Card Club
operations only and shall be additional to and have no effect on
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the City's share of the parimutuel pool imposed by Article 9.5 of
the Business and Professions Code commencing with Section 19610, et
sea. Should it be determined that Business and Professions Code
Section 19610.3 or any section which replaced it is the sole
revenue producing measure which can be applied to the business of
the Card Club Licensee, then all permits and Licenses granted
pursuant to this Chapter shall be deemed revoked by operation of
law and all Card Club operations shall cease.
(d) Statement of Revenue. Regarding Gross Receipts.
Each Licensee shall deliver (delivery may be accomplished by FAX
transmission) with the City, on or before the tenth (10th) day of
each calendar month, a statement, under oath, showing the true and
correct amount of gross receipts derived from the Card Club
permitted by the License held by such Licensee for the preceding
calendar month. Should the tenth (10th) day of any month fall on
a weekend or City holiday, such statement shall be filed on the
previous business day. All required statements shall be provided
on forms approved by the Director of Finance and Chief of Police.
Such statement shall be accompanied by the payment of the correct
amount of business license fee due and owing in accordance with the
provisions of subsection (a) of this Section, and such sums
correctly reflecting the monthly fees payable for the preceding
month shall be accepted by the City, subject, however, to the right
of the City to audit the matters referred to in the statement and
to determine the correctness of the figures set forth in such
statement and the amount payable to the City pursuant to the
provisions of subsection (a) of this Section. In addition to the
foregoing, a certification shall be attached to the statement, or
included therein and signed by an owner, which certification or
declaration shall be substantially in the following form:
'I hereby declare under penalty of perjury
that the foregoing is true and correct.
Executed this day of , 199_
(200_) in , California.
Licensee, Owner or Managing Employee
(Strike out titles which are not
applicable)
Sec. 15F -9 Delinquent Business License Taxes; Penalties;
Interest.
(a) A penalty of ten percent (10 %) shall be imposed upon
each Tax, not to exceed one hundred percent (100 %) remaining unpaid
per day after it becomes due.
(b) Interest on Business License Taxes and penalties
after one hundred percent (100 %) shall be imposed at the Judge's
rule.
Sec. 15F -10 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 to it for
the collection of any delinquent business license tax, penalties,
interest and all administrative costs incurred in connection
therewith, including attorneys' fees.
Sec. 15F -11 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.
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Sections:
15F -12
15F -13
15F -14
15F -15
DIVISION 4 - REPORTING REQUIREMENTS
Annual Reports.
Audit of Records.
Refusal to Display Records.
Accounting Procedures.
Sec. 15F -12 Annual Reports. In addition to the statement of
revenue as specified in Section 15F -8, each Licensee shall file
with the City Clerk an annual report on a form approved by the
Chief of Police. Said report shall contain as a minimum, the
following information:
(a) A list of all Pointholders with the amount and value
of points held.
(b) An update of the evaluation of the Card Club's
internal accounting and administrative controls as outlined in
Section 15F -22 of this Chapter.
(c) A list of all employees with their police
identification numbers.
Each annual report shall be verified by the Licensee and
made under penalty of perjury.
Sec. 15F -13 Audit of Records.
(a) At the end of each fiscal year, the Licensee shall
employ at its expense a nationally recognized firm of certified
public accountants to conduct an audit of Licensee's financial
records in accordance with generally accepted auditing standards.
Such audit shall conclude with the expression of the auditor's
opinion on the financial statements of the Licensee's Card Club
operations in accordance with generally accepted auditing
principles. The auditor shall express a separate opinion on the
Licensee's gross receipts paid to the City for the period then
ended. Such audit report shall be submitted to the City Manager no
later than ninety (90) days after the fiscal year end. The City
Manager shall review the report and work papers and may require any
further information from the Licensee. The City Manager may submit
such documents and reports to a certified public accountant
selected by the City.
(b) The Finance Director may require, at any time, an
audit of the gross receipts of a Licensee by a certified public
accountant. Such audit shall be in addition to the audit mentioned
in the preceding paragraph. If such additional audit shall
disclose an inaccuracy of gross receipts reported by the Licensee
for the period of said audit, the cost thereof shall be paid to the
City by the Licensee, otherwise, the cost of said audit shall be
borne by the City.
(c) Nothing herein shall limit the City's right at any
time unrestricted access to inspect or audit the books, records,
accounts and facilities of a Licensee relating to gross receipts or
other items, including but not limited to cash counting rooms.
(d) Any information obtained pursuant to the provisions
of this Section or any statement filed by the Licensee shall be
deemed confidential in character and shall not be subject to public
inspection, except in connection with the enforcement of the
provisions of this Chapter. It shall be the duty of the City
Manager to so preserve and keep such information so that the
contents thereof shall not become known, except to the City
Manager, Finance Director, Chief of Police or City Attorney or
pursuant to the order of any court of competent jurisdiction.
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Sec. 15F -14 Refusal to Display Records. Any failure or
refusal of any such Licensee to make and file any statement or
report as required within the time required, or to permit
unrestricted access to such inspection of such books, records and
accounts of such Licensee shall be and constitute full and
sufficient grounds for revocation of a License of any such
Licensee.
Sec. 15F -15 Accounting Procedures.
(a) Prior to the issuance of a License in accordance
with the provisions of this Chapter, the City shall review and
approve the accounting procedures to be conducted in a Card Club.
Such said accounting procedures shall be consistent with those
utilized in the gaming industry, including but not limited to the
most recent technology in internal accounting and administrative
controls as outlined in Section 15F -22 of this Chapter.
(b) In the event that the Finance Director determines
that the annual update required under Section 15F -12 regarding the
evaluation of the Licensee's internal accounting and administrative
controls discloses material weaknesses or reportable conditions in
the Licensee's system of internal accounting and administrative
controls, the Licensee shall, upon request by the Finance Director,
submit a program within thirty (30) days of such plan outlining
Licensee's program to correct such weaknesses or conditions.
Sections:
15F -16
15F -17
15F -18
15F -19
15F -20
15F -21
DIVISION 5 - SECURITY DEPOSIT
Security Deposit for Fees.
Deposits to be Placed in Interest Bearing Account.
Deposits to be Charged Against Services Performed.
Reduction in Amount of Deposit.
Increase in Amount of Deposit.
Replenishment of Deposit.
Sec. 15F -16 Security Deposit for Fees. That each applicant
for a Card Club License, and each proposed transferee of an
existing Card Club License, shall deposit with the City, prior to
issuance of a License pursuant to Division 5, the sum of Fifty
Thousand Dollars ($50,000.00) ('Deposit'). This sum shall serve as
a continuing security deposit to insure payment of all fees and
costs associated with administering the provisions of this Chapter
including, but not limited to, preliminary investigations by the
Chief of Police, licensing, Pointholder and Work Permit application
processing and enforcement.
Sec. 15F -17 Deposits to be Placed in Interest Bearing
Account. The City shall place all deposits in interest bearing
accounts in financial institutions selected by the City Treasurer.
Any interest shall be posted to that account.
Sec. 15F -18 Deposits to be Charged Against Services
Performed. Any and all costs and fees associated in administering
the provisions of this Chapter shall be charged against the
Deposit. Prior to withdrawing any funds from the Deposit, City
shall advise, in writing, the Licensee identifying the services
performed and the costs associated therewith. If the Licensee does
not object, in writing, within ten (10) days after notification of
City's intent to withdraw such funds, City shall be authorized to
charge the identified costs against the Deposit. If the Licensee
timely objects to any proposed costs to be withdrawn by the City,
the City Manager shall set the matter for hearing within ten (10)
days in which the City Manager shall act as hearing officer. The
City Manager, in making his decision, shall adhere to the standards
set forth in Section 15F -28(f) of this Chapter. The decision of
the hearing officer shall be final and conclusive.
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Sec. 15F -19 Reduction in Amount of Deposit. At the direction
of the City Council, the City Manager may reduce the amount of the
Deposit after the Licensee has been operating for twenty -four (24)
consecutive calendar months.
Sec. 15F -20 Increase in Amount of Deposit. If, during the
operation of a Card Club the Licensee or authorized representative
thereof is delinquent in the payment of any of the business license
taxes required under Division 3 of this Chapter, the City Manager,
at the direction of the City Council, may require the Licensee to
increase the deposit in an amount reasonably necessary to cover the
estimated Gross Receipt Taxes and Quarterly Taxes for a one (1)
year period.
Sec. 15F -21 Replenishment of Deposit. If at any time the
amount of a required deposit falls below the amount required to be
deposited pursuant to Section 15F -16, et sea. of this Chapter, the
Licensee, for whose benefit the deposit exists, shall replenish the
same within five (5) consecutive working days so as to bring the
minimum balance thereof to the level required pursuant to this
Chapter. A failure to replenish the amount of a deposit within the
time permitted hereunder shall be grounds for revocation of the
License to which such failure relates.
Sections:
15F -22
15F -23
15F -24
15F -25
15F -26
15F -27
DIVISION 6 - LICENSING OF CARD CLUBS
Licenses.
Licenses.
Licenses.
Licenses.
Licenses.
Licenses.
Applications.
Investigations and Reports.
Granting, and Denial.
Grounds for Denial.
Expiration.
Transfer and Assignment.
Sec. 15F -22 Licenses. Applications.
(a) Any person desiring or proposing to commence or
conduct a Card Club shall file with the City Clerk, on forms
furnished by the City, a written application for License as
required by the provisions of this Chapter. Each such application
shall be verified and made under penalty of perjury. Each such
application shall set forth and show, in addition to such other
information as the City may require, the following information:
(1) The date of the application;
(2) The true names(s) of the applicant(s) and any other
names by which an applicant has been known;
(3) The status of the applicant whether individual,
firm, association, partnership, joint venture, corporation, or
legal entity;
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(4) Applicant information from individuals:
(i) Each
applicant
preceding
inclusive
residence and business address of
for the five (5) years immediately
the date of the application, and the
dates of each such address.
(ii) Written proof that the applicant
twenty -one (21) years of age.
(iii) Applicant's social security
driver's license number.
is at least
number and
(iv) Applicant's height, weight, color of eyes and
hair.
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(v) Three (3) photographs of applicant, of a size
specified by the City, taken within the six (6)
months immediately preceding the date of the
application.
(vi) Applicant's business, occupation and
employment history for the five (5) years
immediately preceding the date of application.
(vii) The permit history of the applicant; whether
such person, has ever had any License or permit
issued by any agency or board, City, County or
State revoked or suspended, or has had any
professional or vocational license or permit
revoked or suspended, and the reason therefor.
(viii) Such other identification and information
as may be required by the City Council.
Applicant information from corporations:
(i) The name of the corporation shall be set forth
exactly as shown in its articles of incorporation
or charter, together with the state and date of
incorporation and any identification numbers or
other identifying designation from the state of
incorporation.
(ii) All the information required hereinabove for
individuals in subsections (4)(i) through
(4)(viii), inclusive, for each of its current
officers, directors, and shareholders shall be
submitted if the stock is not publicly traded. If
the stock has been publicly traded for at least the
three (3) years immediately prior to submission of
the application and there are more than 1500
shareholders, only those shareholders holding five
percent (5 %) or more of the stock shall be subject
to the disclosure requirements of (4)(i) through
(4)(viii), inclusive.
(iii) All current directors, officers and
shareholders holding five percent (5 %) or more of
the stock shall execute a Guaranty Agreement, in a
form acceptable to the City Attorney for all
Business License Taxes required under the
provisions of this Chapter.
(6) Applicant information from partnerships:
(i) The application 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.
(ii) If the applicant is a limited partnership, it
shall furnish a copy of its certificate of limited
partnership as filed with the County Clerk.
(iii) The information required herein for
individuals set forth hereinabove in subsection
(4)(i) through (4)(viii), inclusive, for each
partner (general or limited) shall be submitted.
(iv) If one or more of the partners is a
corporation, the provisions of this subsection
pertaining to corporation applicants shall apply.
CY/4041993.003
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(7) An applicant corporation or partnership shall
designate one of its officers or general partners to act as
its responsible managing officer. Such person shall complete
and sign all application forms required for an individual
applicant under this Chapter, but only one application fee
shall be charged. A change application shall be filed to
change the responsible managing officer but no additional
inspection shall be necessary. The corporation's or
partnership's responsible managing officer must at all times
meet all of the requirements established for Licensees by this
Chapter or the corporation or partnership license shall be
suspended until a responsible managing officer who does meet
all such requirements is designated. If no such person is
named within thirty (30) days, the corporation or partnership
license is deemed canceled and a new initial application for
permit must be filed, together with the payment of fees
applicable thereto.
(8) The location of the business for which the License
is sought shall be identified. If the property is not owned
by the applicant, the name, address and phone number of the
owner and lessor of the real property upon or in which the
business is to be conducted, and a certified copy of the lease
or rental agreement is to be submitted to the City.
(9) A description of any other business conducted or
proposed to be conducted at the same location.
(10) The game(s) proposed to be played shall be
designated and described in detail.
(11) The maximum number of tables to be placed, employed
or used for the playing of card games.
(12) A complete description and layout of all security
measures and plans proposed for the Card Club (both physical
and operational).
(13) A copy of the proposed house rules for players.
(14) Evidence of a pending application for a conditional
use permit.
(15) A statement that the building(s) conforms, or will
conform, to all of the State and the City requirements for
occupancies of the nature proposed and that the applicant
understands and agrees that the Chief of Police, Fire Chief or
any other City official, or a designated representative
thereof, shall have reasonable access to the premises to make
inspection of the card room premises and access to the records
of any applicant in order to properly conduct their
investigation;
(16) A statement that the Licensee shall make the
premises and Card Club records available to the Chief of
Police, Finance Director or a designated representative
thereof, at any time and without first obtaining a search
warrant.
(17) 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 the Chief of Police, and that any approval will be
conditioned upon the owner obtaining registration under the
Gaming Registration Act prior to commencing card game
operations.
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CY/4041993.003
l86
(18) 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 and
the laws and regulations of the City applicable thereto, and
that any violation of any such laws or regulations in such
place of business, or in connection therewith, shall render
any License or Licensee subject to the penalties contained in
this Chapter.
(19) A statement that the applicant has read the
provisions of this Chapter, understands the same, and agrees
to comply with them.
(20) A full and complete financial statement, as
determined by the City's Director of Finance, of the
applicant(s) prepared by a licensed certified public
accountant which shall include a financial plan and sources of
funding for the development including projected development
costs and a one (1) year cash flow projection. The financial
statement(s) required by this subsection shall be a
confidential qualified document and shall not be open to
public inspection but shall be available only to the City
Manager, Finance Director or City Attorney, to those State
officials having jurisdiction over Card Clubs pursuant to the
Gaming Registration Act, to law enforcement officials, and to
any court of competent jurisdiction where any matter relating
thereto may be actually pending;
(21) 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.
(22) A complete description of all plans, both physical
and operational, for the handling of money, including but not
limited to provisions, if applicable for
(a) Purchase of chips and protection against
counterfeit chips;
(b) Check cashing procedures;
(c) Procedures for bringing money to or removing
money from the premises.
(23) An independent evaluation of the internal accounting
and administrative control system proposed.
City.
(24) Such other information as may be required by the
(b) Concurrently with the filing of the application, the
applicant, including its officers, management, employees and all
persons proposing to have an ownership interest therein, shall be
finger printed and photographed by the Chief of Police and pay the
applicable fees.
(c) The City Council shall not consider any application
for any License contemplating less than a minimum of fifty (50)
tables.
Sec. 15F -23 Licenses. Investigations and Reports.
(a) Investigations Required. Whenever an application
has been filed with the City Clerk for a License pursuant to the
provisions of this Chapter, the City Clerk shall immediately refer
such application to the City Manager, who shall cause an
investigation to be conducted as follows:
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1F7
(1) An investigation of the building and /or location
where the applicant proposes to conduct such business or
activity;
(2) An investigation of the applicant, including
officers, partners, management and principals, including all
persons proposing to have an ownership interest therein;
(3) An investigation as to the type of tables or units
to be used at, or in conjunction with, the proposed business
and the type of games proposed to be played, which
investigation shall also include the proposed locations of the
tables or other units in, within, or about the proposed place
of business; and
(4) Such other investigation as deemed necessary.
(b) Reports Required. The Chief of Police, and other
officials, shall make such investigations with reasonable
promptness and shall make written reports to the City Manager.
Upon conclusion of all investigations and if the City Manager is
reasonably satisfied that the application meets all requirements of
the Code of the City, the City Manager shall make a written report
to the City Council, which shall include the Chief's report and
other pertinent reports.
Sec. 15F -24 Licenses. Granting, and Denial.
(a) Decision of the City Council. Whenever an
application for a License is presented to the City Council, by the
City Manager, the City Council, shall hold a public hearing within
forty -five (45) days, whether such License should be issued. The
City Council, shall approve, conditionally approve or deny an
application for a License.
(b) License Conditions. Any such License issued by the
City Council shall be deemed issued subject to all of the terms,
conditions, and provisions of this Chapter as well as all
applicable laws of the City, State, and Federal governments; the
City Council may impose specific additional conditions, in the
exercise of its discretion, to ensure compliance with the
provisions of this Chapter, as may be reasonably necessary.
(c) Decision of the City Council Final. The decision of
the City Council to approve any such application and grant the
License applied for, or to deny any such application and refuse to
grant the License applied for, shall be final and conclusive.
Sec. 15F -25 Licenses. Grounds for Denial. The City Council
shall deny an application for a License for any of the following
reasons:
(a) If any applicant does not have a valid registration
from the Attorney General of the State of California issued
pursuant to the Gaming Registration Act; or
(b) If the proposed Card Club is or will be operated in
violation of any Federal, State, or City law or regulation; or
(c) If any applicant, including a partner, joint
venturer, or principal has been convicted within the last ten (10)
years of bookmaking, loan sharking, or illegal gambling, or has
been convicted of an offense within the last ten (10 years
involving such activities; or
(d) If any applicant, including a partner, joint
venturer, or principal has been convicted of any crime within the
last ten (10) years punishable as a felony or convicted of an
offense within the last ten (10) years involving moral turpitude;
or
CY/4041993.003
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(e) If the game(s) for which a License is applied for
are unlawful; or
(f) If the building, premises or use will not comply
with the established requirements and regulations relating to
building safety, zoning, and fire within the City; or
(g) If the applicant fails to provide a security plan
for the Card Club and its premises which satisfies the Chief of
Police; or
(h) If the approval of any applicant would be inimical
to the interests of legitimate gaming or to the citizens of the
community; or
(i) If any person having any interest whatsoever or at
all in the ownership of any other Card Club located within the
City, whether legal or equitable, or as a trustor or trustee, or of
whatsoever kind or character, whether same be as the manager,
employee, Pointholder or owner.
(j) If any person having any interest whatsoever or at
all in the ownership of any other Card Club located outside of the
City, whether legal or equitable, or as a trustor or trustee, or of
whatsoever kind or character, whether same be as the manager,
employee, Pointholder or owner, which other Card Club has as its
licensed place of business a location within a radius of fifty (50)
miles of the City limits of Cypress.
(k) If the location, premises or property for which a
Licensee has applied for was not approved by a majority of those
voters voting thereon at any preceding regular or special City
election.
(1) If the applicant does not have the financial
capability or business experience to operate a Card Club in a
manner which would adequately protect the patrons of the Card Club
and the citizens of the community.
Sec. 15F -26 Licenses. Expiration.
(a) Licenses lawfully issued under the provisions of
this Chapter shall be and remain valid until either surrendered,
abandoned, suspended or revoked.
CY/4041993.003
(b) In the event of surrender, abandonment, suspension
or revocation, no Tax, License deposit or fee, or any portion
thereof, shall be refunded.
Sec. 15F -27 Licenses. Transfer and Assignment.
(a) No License for a Card Club or any business conducted
in conjunction therewith shall be sold, transferred or assigned in
whole, or in part, either as to the Licensee or location of the
business without the prior approval of the City Council. Any
purported sale, transfer or assignment of any License shall be
considered for all purposes in the same manner as a new application
for a Card Club License. Any such sale, transfer or assignment, or
attempted sale, transfer or assignment without such approval shall
constitute a voluntary surrender of such permit, which shall
thereafter be deemed terminated and void.
(b) The prohibition on unauthorized sales, transfers and
assignments expressly applies to purported transfers by operation
of law, including proceedings under the bankruptcy laws of the
United States. The Licensee shall notify the City Manager of the
possibility of such transfer or assignment concurrently with the
commencement of negotiations for same.
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1F 73
DIVISION 7 - HEARING PROCEDURE
Sections:
15F -28 Suspension and Revocation of License.
Sec. 15F -28 Suspension and Revocation of License. A License
issued pursuant to the provisions of this Chapter shall be subject
to suspension and /or revocation in a time and manner set forth in
this Division.
(a) Suspension. The Chief of Police shall immediately
suspend any License if he finds that:
(1) The Attorney General has suspended or revoked an
applicant's registration under the California Gaming
Registration Act; or,
(2) A Licensee, or any agent or employee thereof, has
violated, or permitted, allowed or caused a material violation
of any provision of this Chapter, any material regulation
issued pursuant to this Chapter, any material condition of
approval imposed upon the issuance of the License, or any
state law or regulation relating to the operation of a Card
Club, and the continued operation of the Card Club
jeopardizes, or threatens to jeopardize, the public peace,
health, safety or general welfare.
(b) Order of Suspension. The Chief of Police shall,
after conducting an investigation, issue an order of suspension,
suspending a License, where he finds the facts authorizing such
suspension, pursuant to subparagraph (a) of this Section 15F -28, to
be present. The Chief shall give notice to the Licensee of the
issuance of such order and the basis therefor. Such an order of
suspension shall become final on the thirtieth (30th) day following.
its issuance unless a written appeal is filed with the City Clerk
appealing such order. Upon an order of suspension becoming final,
it shall be deemed an order revoking the License to which it
relates. Such an appeal must be filed within ten (10) days of the
date of giving notice of the issuance of the order of suspension.
If any application for appeal is not made pursuant to this Section
and within the time limits set forth herein, such Licensee shall be
deemed to have waived his or her right to a hearing and the order
of suspension shall become final and shall be deemed an order
revoking the License to which it relates.
(c) Hearing An Order of Suspension. Where a timely
appeal is filed, the City Manager shall appoint a hearing officer
who shall hear the matter de novo, as provided in subsection (f) of
Section 15F -28 who shall revoke the License if he /she finds one or
more of the grounds set forth in subsection (g) of this Section
15F -28 to be present.
(d) Revocation - Hearinct. Whenever the City Manager has
information that a violation constituting a ground or grounds for
revocation as set forth in subsection (g) of this Section 15F -28
has occurred, the Chief of Police shall investigate the same. If
he determines that such a violation has occurred, he shall report
to the City Manager who shall set the matter for hearing before a
qualified hearing officer designated by him. The hearing officer
shall be an attorney licensed to practice in the State of
California, or a retired municipal, superior or appellate court
judge. He, the City Manager, shall give notice of the time and the
place of the hearing before the hearing officer to the Licensee and
to any other requesting such notice not less than ten (10) days in
advance of the dates set by him for such hearing.
CY/4041993.003
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(e) Failure to Appear at Hearing. If the Licensee fails
to appear at the time and place set for hearing, the hearing
officer may continue the matter to a specific time and date, and by
letter, advise the Licensee that a second unexcused non - appearance
will result in the hearing being held without the Licensee's
presence, and the Licensee shall be bound by the decision of the
hearing officer.
(f) Hearing. At the time set for such hearing, the
hearing officer shall hear the evidence presented by or on behalf
of the Chief of Police, purporting to show that grounds exist for
revocation; thereafter, the hearing officer shall permit the
Licensee and any other interested person, to present such evidence
as is necessary and proper to dispute the existence of any
contested facts. The burden of proof shall be upon the City to
show the existence of the facts required to support a revocation of
a License. The hearing officer need not observe the strict rules
of evidence applicable to a judicial proceeding, but he shall
observe the substance of the rules of evidence applicable to civil
proceedings to the end that the matter can be resolved based upon
accurate, relevant and competent evidence.
(g) Revocation. - Grounds. The hearing officer, after
the hearing shall revoke a License if the hearing officer finds
that:
(1) The Attorney General has suspended or revoked an
applicant's registration under the California Gaming
Registration Act; or
(2) The Licensee, or any agent or employee thereof, has
violated, or permitted, allowed or caused a material violation
of any provision of this Chapter, any material regulation
issued pursuant thereto, any material condition of approval
imposed upon the issuance of the License, or any State law or
regulation relating to the operation of a Card Club; or
(3) A Licensee has failed to pay, when due and payable,
any of the business license taxes or fees, including
replenishment of all or any portion of the security deposit,
provided for in this Chapter; or
(4) A Licensee has made any false statement as to a
material fact on an application form or as to any other
information presented as part of the application process; or
(5) A Licensee commits any act which would have
constituted grounds for denial of an application for a License
pursuant to Section 15F -25; or
(6) The licensed Card Club has ceased or substantially
ceased to do business during sixty (60) or more days out of
any consecutive ninety (90) -day period; or
(7) The Licensee's operations cause substantial adverse
impact on surrounding properties due to criminal activity,
noise, or parking overflow to the extent that the Card Club
operations constitute a public nuisance.
(g) Decision of Hearing Officer. If, the hearing
officer finds, based upon the evidence presented, that facts are
present which constitute grounds for revocation, he /she shall
revoke the License. If he /she finds that such facts are not
present, he /she shall dismiss the proceeding. The decision of the
hearing officer shall be final and conclusive in the absence of an
appeal taken in the time and manner set forth below.
CY /4041993.003
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(h) Appeal to City Council. A Licensee aggrieved by the
issuance of an order revoking the License shall have the right of
appeal to the City Council, such an appeal shall be deemed timely
and perfected only if it complies with all of the following:
1) All such appeals shall be in writing and filed with
the City Clerk; and
(2) Each such appeal shall state therein the specific
ground(s) for such appeal and a description of how and in what
manner, the hearing officer erred in determining the grounds
for revocation existed; and
(3) No such appeal shall be effective for any purpose,
unless it is filed with the City Clerk not later than ten (10)
consecutive calendar days following the giving of notice by
the hearing officer of the issuance of an order of revocation;
and
(4) An order of revocation to which a timely filed valid
appeal relates shall be deemed suspended during such time as
the appeal is pending before the City Council.
If one or more members of the City Council file with
the City Clerk, within the time for the filing of an appeal as
set forth herein, written requests to have a decision of the
hearing officer brought to the City Council for review, such
request(s) shall constitute, for all purposes, an appeal
brought pursuant to this subsection.
(i) Council Appeal Hearing. Upon receipt of a timely
filed appeal, the City Clerk shall set the matter for hearing by
the City Council at the City Council's next most convenient
meeting. Not less than ten (10) consecutive calendar days written
notice of the time and place of such hearing shall be given to the
Licensee, and to any other person requesting such notice, by the
City Clerk. At the time of such hearing, the City Council shall
review and consider the written record of proceedings conducted by
the hearing officer and any oral or written arguments presented by
the Licensee, or any other person interested in such matter. No
oral or documentary evidence shall be submitted to the City Council
unless it is shown to the reasonable satisfaction of the City
Council, that such evidence was not reasonably available at the
time of the hearing held by the hearing officer. In the event that
an offer of additional oral or documentary evidence is made, and
good cause is shown for the failure to present such evidence at the
time of the hearing before the hearing officer, the City Council
may either consider such evidence, or it may remand the matter to
the hearing officer for a reconsideration by the hearing officer
based upon such evidence. Thereafter, the City Council shall
expeditiously act upon such appeal and shall either affirm or
reverse the order of revocation issued by the hearing officer. 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 fee
previously paid shall be refunded.
Sections:
15F -29
15F -30
15F -31
15F -32
CY/4041993.003
DIVISION 8 - POINTHOLDERS
Pointholder Applications; Approval or Denial
Thereof.
Pointholders: Transfers and Assignments of Points.
Pointholders: Periodic Review of Status.
Pointholders: Suspension and Revocation of
Approval; Divestment.
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Sec. 15F -29 Pointholder Applications; Approval or Denial
Thereof.
(a) Persons wishing to become Pointholders shall, prior
to acquiring an ownership interest in any Card Club, file an
application with the City Clerk on a form approved by the City
Attorney and shall include a full financial statement. The
information required shall be identical to the information required
+9f License applicants in Section 15F -22.
(b) The application shall be accompanied by a non-
refundable fee which shall be used to cover costs of investigation.
(c) The application shall include the applicant's
photograph and fingerprints taken by the Chief of Police.
(d) Except as provided herein, before a transfer of
ownership interests is made, the new person shall comply with the
applicable provisions of Section 15F -27 and provide the required
information to the Chief of Police.
(e) All Pointholders shall disclose information, as
directed by the City's Director of Finance, about outstanding loans
they and /or their family members may have or obtain during the
period of pointholder's ownership. The information shall include,
the source, the amount, the interest rate, security, and the
duration of the loan(s). If the source is other than a recognized
financial institution [including federal and state regulated 1)
banks, 2) savings and loan institutions, or 3) credit unions
('recognized financial institutions')], the Director of Finance
shall direct the level of information to be submitted about the
lender. There shall be an on -going responsibility to advise the
City of any changes in lender(s) or in the status of the loans(s).
Except as reviewed by the Director of Finance, the Chief of Police,
the City Manager, City Attorney or as permitted by law, the
information submitted shall remain confidential.
(f) The Chief of Police shall investigate said person
and recommend to the City Council approval or denial of said
application and the City Council's decision shall be final and
conclusive.
(g) The City Council shall deny an application to become
a Pointholder in the following cases:
(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 illegal gambling
activities, including bookmaking and loan sharking or has been
convicted of an offense involving such activities;
(4) If an applicant has engaged in an act of moral
turpitude or engaged in an act chargeable as a criminal
offense relating to the acquisition of ownership or operation
of a Card Club, notwithstanding any other provision of the
law, the Chief of Police may require a potential Pointholder
to reveal the facts and circumstances of any arrest for
illegal gambling activities, or any act of moral turpitude,
regardless of whether or not the arrest resulted in a
conviction.
CY/4041993.003
(5) If the applicant is not a person of good character,
integrity and honesty;
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192
(6) If the applicant has made any false statements in
the application or as to any other information presented as
part of the application process; or
(7) If the approval of the applicant would be inimical
to the interests of legitimate gaming.
(h) No Pointholder application shall be submitted to the
City Council until the applicant has received approval from the
Attorney General pursuant to the Gaming Registration Act.
Sec. 15F -30 Pointholders: Transfers and Assignments of
Points. No ownership interest in a Card Club shall be acquired,
transferred or assigned by previously approved Pointholders without
complying with Sec. 15F -27. It shall be the responsibility of both
the prospective Pointholder and the Licensee to ensure that such
form is filed. Failure to file a completed form in a timely manner
shall be a violation of this Chapter and the Pointholder and
Licensee shall be subject to penalties as contained in this
Chapter.
Sec. 15F -31 Pointholders: Periodic Review of Status. The
Chief of Police shall periodically update background investigations
as to Pointholders as deemed necessary by him.
Sec. 15F -32 Pointholders: Suspension and Revocation of
Approval; Divestment.
(a) Approval of a Pointholder shall be suspended or
revoked under the following circumstances:
(1) The Attorney General has suspended or revoked a
pointholder's registration under the California Gaming
Registration Act; or
(2) A Pointholder has violated, or permitted, allowed or
caused a material violation of any provision of this Chapter,
any material regulation issued pursuant to this Chapter, any
material condition of approval imposed upon the issuance of
the Card Club License, or any state law or regulation relating
to the operation of a Card Club; or
(3) A Pointholder has made any fraudulent statement as
to a material fact on an application form or as to any other
information presented as part of the application process; or
(4) A Pointholder commits any act which would have
constituted grounds for denial of approval pursuant to
Sec. 15F -29.
(b) The Pointholder approval shall be suspended or
revoked in accordance with those hearing procedures, including
appeal to the City Council, as set forth in Section 15F -28 for
suspension and revocation of License.
(c) The ownership interest must be divested within one
hundred twenty (120) days of notice of revocation. Failure to do
so shall constitute a misdemeanor and each day of non - compliance
shall constitute a separate and complete offense. In addition, the
City Attorney may invoke appropriate civil remedies to enforce
compliance.
(d) No person required to divest an ownership interest
in a Card Club following a revocation of approval of Pointholder
status shall transfer said ownership interest to his /her spouse,
child, sibling, parent or to his /her spouse's child, sibling or
parent without the approval of the City Council.
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Sections:
15F -33
15F -34
15F -35
DIVISION 9 - EMPLOYEE WORK PERMITS
Employee Work Permits: Applications; Approval or
Denial Thereof.
Work Permits: Suspension and Revocation.
Employees Information: Identification Badges.
Sec. 15F -33 Employee Work Permits: Applications) Approval or
Denial Thereof.
(a) Any person wishing to work in a Card Club shall
obtain a work permit through the filing of an application with the
Chief of Police on a form approved by the City Attorney. The form
may vary according to the job classification. The application
shall be complete in all respects, and shall include photographing
and fingerprinting. The Chief of Police shall process the
application and may approve, conditionally approve (including
issuance of a temporary permit) or deny said application. The
Chief of Police shall deny an application for a work permit in the
following cases:
(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.
(b) If an application is denied, the applicant may
appeal said denial by written notice to the City Clerk, within ten
(10) days following the giving of notice of denial to the
applicant. Upon receipt of a timely filed appeal the City Manager
shall designate a hearing officer, and shall cause a de novo
hearing to be held within thirty (30) days. The hearing officer,
after hearing, shall approve or deny such appeal based upon the
standards set forth in this Chapter. The hearing officer's
decision shall be based upon the records and files of the Chief of
Police, and upon evidence presented by the applicant and any other
interested person, and shall be final and conclusive.
Sec. 15F -34 Work Permits: Suspension and Revocation.
(a) A work permit shall be suspended or revoked under
the following circumstances:
CY/4041993.003
(1) Commission of any act which would have grounds for
denial of a work permit pursuant to Sec. 15F -33, or
(2) Material violation of any conditions imposed in
granting such permit.
(b) The permit shall be suspended or revoked in
accordance with those hearing procedures, including appeal to the
City Council, as set forth in Section 15F -28 for suspension and
revocation of License.
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19f
1c.
(c) A work permit shall remain in effect until
voluntarily relinquished, suspended or revoked.
Sec. 15F -35 Employees Information: Identification Badges.
(a) Before commencing work with a Licensee, each
employee shall first have obtained a work permit from the Chief of
Police.
(b) Each such employee, shall at all times while acting
within the scope of his /her employment on the Card Club premises,
wear in a prominently visible place upon his /her person an
identification badge in a form prescribed by the Chief of Police,
said badge bearing the name, identification number and photograph
of the employee. It shall be a violation of this Chapter to fail
to wear such badge when required, and any such failure shall be
cause for penalties to be imposed upon the employee, the Licensee
or both. Notwithstanding the foregoing, the Chief of Police may
waive the requirement for identification badges for security
personnel.
(c) A Licensee shall notify the Chief of Police within
ten (10) days of any change in the status or capacity of an
employee to whom a work permit was issued. Any purported change in
status or capacity whatsoever of such employee shall be considered
for all purposes in the same manner as a new application for a work
permit.
Sections:
15F -36
15F -37
15F -38
15F -39
15F -40
15F -41
15F -42
15F -43
15F -44
15F -45
15F -46
15F -47
15F -48
15F -49
15F -50
15F -51
15F -52
DIVISION 10 - CONDUCT OF CARD CLUBS
Rules and Regulations.
Alcoholic Beverages.
Age Limitations.
Subcontracting Subletting Prohibited.
Table Visibility.
Player Visibility.
Seat Rental Fees.
Rules of Play.
Convenience Dealers.
Playing Area.
Signs.
Search Warrants and Inspection Warrants.
Investigations. Updating of Information.
Check Cashing, Extension of Credit, and Third Party
Banking Relationships.
Holding Valuables for Safekeeping.
Jackpot Games.
Tournaments.
Sec. 15F -36 Rules and Regulations. Rules and regulations
governing the operation of Card Clubs may be established and
promulgated by resolution adopted by the City Council. 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 suspension and /or revocation of a License, Pointholder,
approval or work permit.
,Sec. 15F -37 Alcoholic Beverages.
(a) Alcoholic beverages may be sold, dispensed, consumed
or permitted on the Card Club premises in accordance with
applicable state and local laws and regulations.
(b) No Licensee or other person in charge or control of
any Card Club operating under any License held or issued pursuant
to the provisions of this Chapter shall permit any person to play
in any game at any time while such person appears to be, or is,
under the influence of any alcoholic beverage or controlled
CY14041993.003
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substance, and no person under, or who appears to be under, the
influence of any alcoholic beverage or controlled substance shall
play in any such game.
(c) No Licensee or other person in charge or control of
any Card Club operating under any License issued pursuant to the
provisions of this Chapter shall permit any person to enter the
premises while such person appears to be or, in the opinion of the
Licensee or duly authorized agents or employees, is under the
influence of an alcoholic beverage or controlled substance.
Sec. 15F -38 Age Limitations. No person under the age of
twenty -one (21) years shall be permitted to participate in any
Game.
Sec. 15F -39 Subcontracting Subletting Prohibited. It shall
be unlawful for any Licensee to assign, arrange for, or in any
other manner sublet to, or subcontract with, any person the right
to conduct any Game, directly or indirectly, with or without
consideration unless such person holds a valid work permit.
Sec. 15F -40 Table Visibility. Doors, screens or other
obstructions of any kind shall not be placed so as to conceal any
table in a game.
Sec. 15F -41 Player Visibility. Doors, screens, or other
obstructions of any kind shall not be placed so as to conceal the
players in a Game.
Sec. 15F -42 Seat Rental Fees. The seat rental fees shall be
reviewed and approved by the Finance Director and shall be
proximately posted at locations approved by the Chief of Police.
Sec. 15F -43 Rules of Play. Rules of play for all games
permitted by law, including tournaments, shall first be filed with
the Chief of Police and shall be conspicuously posted at locations
approved by the Chief of Police. The Chief of Police shall approve
the rules of play.
Sec. 15F -44 Convenience Dealers.
(a) 'Convenience dealers' have a valid work permit
issued pursuant to the provisions of this Chapter who are employees
of the Card Club provided for the convenience of the players so
that no player deals. Other than dealing the cards and making
collections as set forth in this section, such dealer shall not
participate in any way in the Game, does not bet and does not take
a percentage of the winnings. Convenience dealers shall conduct
the Game and ensure that the rules are enforced.
(b) Such dealers shall be clearly identifiable through
an identification badge and shall adhere to whatever designation or
identification standards are required by the Chief of Police.
Sec. 15F -45 Playing Area. The playing of all games within
the Card Club shall be confined to a minimum of fifty (50) tables.
No game provided for shall be permitted at any other location on
such Card Club premises, except in that area designated as the
'card room.'
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Sec. 15F -46 Signs. Outdoor signs advertising a Card Club or
any activity therein shall be established during the planning
approval process.
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Sec. 15F -47 Search Warrants and Inspection Warrants. All
Licenses shall be issued subject to and accepted subject to the
Card Club being open for inspection during all hours to the City
Manager, the Chief of Police, the Finance Director, and any other
duly authorized representative without an inspection or search
warrant. Evidence of any violation of this Chapter may be seized
without a search warrant or other legal process.
Sec. 15F -48 Investigations. Updating of Information. The
Chief of Police shall have the right to require any Licensee,
Pointholder or Work Permit Employee to supply additional or updated
information to that previously required of such person in any
application. Additionally, each such person shall cooperate in any
investigation undertaken by the Chief of Police, or any law
enforcement official and to allow any books, records and accounts
to be inspected at any time. Failure to supply such information or
cooperate in such investigation may result in the imposition of
penalties as specified in this Chapter.
Sec. 15F -49 Check Cashing, Extension
Party Banking Relationships. The Card Club
Card Club is prohibited from extending
recognized financial institution, that can
situated on the Card Club premises.
of Credit, and Third
may cash checks. The
credit. However, a
extend credit may be
Sec. 15F -50 Holding Valuables for Safekeeping. Licensees
holding valuables for safekeeping may do so only under the
following conditions:
(a) Only cash may be deposited for safekeeping.
(b) Monies can be deposited and withdrawn only by the
person(s) named on the account. Accurate records of all deposits
and withdrawals shall be kept for a period of not less than two (2)
years. No person shall hold more than one (1) account at the Card
Club.
(d) The actual deposits held and the records of all
transactions shall be available for inspection by the Chief of
Police or other law enforcement officials upon demand.
Sec. 15F -51 Jackpot Games.
(a) An accounting of monies received and expended in
connection with each and every jackpot game and /or tournament shall
be filed within three (3) days of such jackpot game or tournament
with the Finance Director.
(b) No jackpot game shall be conducted unless the
manner, rules and regulations of such jackpot game are submitted
and approved by the Chief of Police.
Sec. 15F -52 . Tournaments.
(a) The Licensee shall, at least seventy -two (72) hours
in advance of the conduct of a tournament, notify the Chief of
Police of the dates and hours of each tournament.
(b) The Licensee shall submit to the Chief of Police at
least seventy -two (72) hours prior to the commencement of any
tournament 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.
(c) Nothing contained in the permission granted to a
Licensee to engage in tournament activities shall permit or be
construed to permit a violation of any other Section or provision
of this Chapter.
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DIVISION 11 - ENTERTAINMENT CENTER
Sections:
15F -53 Entertainment.
Sec. 15F -53 Entertainment. An entertainment center shall be
provided within the Card Club which at a minimum:
(a) provides a minimum seating capacity of three - hundred
(300) people;
(b) meets all occupancy load, fire safety and zoning
requirements; and
(c) has a stage which accommodates comedy, dance, and
musical acts and small theatrical productions.
The entertainment center must remain operational a
minimum of three (3) days per week /forty -five (45) weeks per year.
The requirements shall not be in effect in the event of an act of
God, earthquake, flood, public riot, strike, act of a public enemy,
war or explosion.
DIVISION 10 - REMOVAL OF PERSONS FROM CARD CLUB
Sections:
15F -54
15F -55
15F -56
15F -57
15F -58
Removal of Persons from Card Club Premises.
Exclusion of Undesirable Persons.
Notice and Order of Exclusion.
Enforcement of Order. Civil Remedy.
Designation of Agent.
Sec. 15F -54 Removal of Persons from Card Club Premises.
(a) A Licensee shall remove any person from the premises
licensed for use as a Card Club ('Premises') if, on the Premises,
that person:
(1) engages in disorderly conduct, as defined in Section
647 of the Penal Code; or
(2)
drug; or
is under the influence of any intoxicating liquor 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 15F -55, 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 15F -55 of this Chapter.
Sec. 15F -55 Exclusion of Undesirable Persons.
(a) 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"
CY/4041993.003
(1) Persons who have engaged in any act of, or who have
been convicted of, bookmaking or illegal wagering; or
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(2) Persons who have engaged in acts prohibited by
Section 15F -58 of this Chapter; or
(3) Persons who have been convicted of a violation of
Section 15F -58 hereof; or
(4) Persons who have been removed from the Premises
pursuant to Section 15F -54 hereof, on more than three (3)
occasions; or
(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 & Professions Code;
(2) 'Illegal wagering' includes, but is not limited to,
any act prohibited by Sections 319 through 336, inclusive, of
the Penal Code.
Sec. 15F -56 Notice and Order of Exclusion. The Licensee
shall inform any person to be 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 an Order of Exclusion to which
shall be attached a copy of Sections 15F -54 through 15F -55,
inclusive, of this Code. The Licensee shall detain any person
subject to an Order of Exclusion and shall notify the Chief of
Police of the name of the person to be excluded, the reason for
exclusion, and any other information the Chief of Police may
require. If the Chief of Police determines that the person subject
to exclusion has engaged in any conduct in matters which may
threaten public safety or the integrity of the Card Club's
operations, said person shall continue to be detained pending what
police action, if any, is deemed appropriate.
Sec. 15F -57 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 be
enforceable by the Licensee by means of a civil proceeding in the
Orange County Superior Court.
Sec. 15F -58 Designation of Agent. Each Licensee shall
designate an agent who shall be authorized to act for the Licensee
pursuant to the provisions of this Division.
DIVISION 11 - PROHIBITED CONDUCT OF PLAYERS
Sections:
15F -59 Definitions. Prohibited Conduct.
15F -60 Unlawful Acts.
Sec. 15F -59 Definitions. Prohibited Conduct.
(a) For the purpose of this Section, the words and
phrases hereinafter set forth shall have the following meanings
ascribed to them unless the context clearly requires to the
contrary:
CY/4041993.003
(1) 'Blind cut' or 'false cut' shall mean a maneuver
which appears to cut the deck, but does not in fact do so.
(2) 'Blind shuffle' shall mean 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.
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oo
(3) 'Bottoms' shall mean dealing or dropping cards from
the bottom of the deck.
(4) 'Burn' is a discard in accordance with the rules of
the game, made before the draw when playing draw poker.
(5) 'Capping the deck' shall mean to place cards on to
the top of the deck, which should not be there.
(6) 'Cooler' or 'cold deck,' shall mean a deck of cards,
secretly prearranged in a known sequence or marked to be
substituted for the deck in play.
(7) 'Daubing' shall mean to mark cards by applying a
faintly visible substance to the back of the cards.
(8) 'Double discard' shall mean to discard and receive
or take a card or cards twice on the draw.
(9) 'Greek Deal' or 'second bottom' shall mean to deal
a card which is second from the bottom of the deck.
(10) 'Hand mucking' or 'holding out' or 'holding a card
or cards out from the deck' shall mean the surreptitious
switching of cards from those that are dealt to a player.
(11) 'Hopping the cut' shall mean to surreptitiously
nullify the cutting of the deck.
(12) 'Machine' shall mean a mechanical device used for
the purpose of surreptitiously switching or retaining cards.
(13) 'Middle dealing' shall mean to deal a card from the
center section of the deck.
(14) 'Punching' shall mean to mark the back of the cards
by creating a dimple or indentation thereon.
(15) 'Roughing fluid' shall mean a liquid chemical
applied to the back of the cards for the purpose of marking
them by roughening the surface.
(16) 'Run -up' or 'stacking' or 'stocking' or 'hay mowing'
shall mean to shuffle the cards in such a fashion as to
surreptitiously arrange the sequence of known card.
(17) 'Sanding' shall mean to mark cards by applying an
abrasive substance to the cards.
(18) 'Seconds' shall mean dealing the second card from
the top of the deck.
(19) 'Shaving' shall mean using a razor or sharp
instrument to shave the edges of the cards.
(20) 'Shiner' shall mean 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.
(21) 'Spreading' shall mean to spread a hand (of a
partner) using one or more cards (which were not part of the
hand) to make the hand a winning hand.
(22) 'Sign' or 'signal' or 'scam' shall mean to sign or
signal by motion or verbally to a player or other players the
cards possessed or the cards needed.
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(23) 'Slick sleeve' or 'mohair sleeve' or 'shirt' shall
mean a long sleeve on a clothing garment to assist in holding
out a playing card.
(24) 'Slug' shall mean a set or known group of cards.
(25) 'Transmitter' shall mean 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.'
(26) 'White flash' shall mean a form of daubing whereby
a chemical is used to create a 'white on white' marking on the
back of the cards.
(b) Prohibited Conduct. It shall be unlawful for any
person as a player or dealer:
(1) to deal, draw, distribute, or burn any playing cards
other than the top card of a deck. The 'top card' as used
herein shall mean the uppermost face down card of a face down
deck; and
(2) 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; and
(3) 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; and
(4) to use a blind shuffle, run -up, stacking or stocking
of the deck to gain an unfair advantage in play, whether or
not an advantage is gained; and
(5) to palm, hold -out, or conceal any card or cards
during a card game, whether by slight of hand, mechanical
apparatus, or by clothing such a slick sleeve; and
(6) to switch, exchange, or cause to be exchanged, any
playing card or cards by any deceptive practices including,
but not limited to, hand mucking, capping the deck,
introducing additional cards into a game, or switching the
decks with a 'cooler'; and
(7) to use any technique in a card game designed to
accomplish a blind or false cut, 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; and
(8) to deliberately mark or alter any card or cards when
such cards are in play; and
(9) to use any altered or marked cards in a card game.
'Marking and altering' as used herein include sanding,
daubing, white flash, white on white, punching, adding to,
removing from or blocking out, the existing design whether on
the face, backside, or edge of any card or cards; and
(10) to crimp, warp, bend, cut, trim, or alter by any
means a card that would or could cause an advantage for any
player over another player or players, whether or not such
advantage is gained; and
(11) to use any mechanical or electrical apparatus or
device so as to gain or see, to gain any advantage, or to gain
or seem to gain information that would enable a player or
dealer to deceive others; such devices include, but are not
CY/4041993.003
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limited to, the use of ultra- violet lights and /or special
glass to read otherwise invisible paint or ink, hold -out,
shiners, transmitters, receivers, punches, chemical solutions,
shading, roughing fluids, inks or dyes; and
(12) to knowingly aid or abet another in any conduct
prohibited by this Section.
(c) Management Cooperation With Surveillance Personnel.
It shall be the responsibility of the Licensee, management and
their employees to fully cooperate with Card 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
Chief of Police as evidence in arrests or detention all playing
cards and implements suspected in involvement in cheating.
Management shall cooperate with Card Club surveillance personnel
whether provided by a governmental policing agency, a City -
contracted service, City- administered or Licensee assigned.
(d) Posting. Each Licensee shall cause this subdivision
(b) of this Section 15F -58, to be reproduced and posted in the
licensed premises. Such posting shall be in a location where it is
easily readable by anyone. Such posting shall be of readable print
and enclosed within a frame or as a sign either laminated or
protected by glass or a plexiglass covering.
Sec. 15F -60 Unlawful Acts.
(a) Unlawful locations. It shall be unlawful for any
person to play in, or permit the playing of, any game regulated or
referred to by the provisions of this Chapter at any place within
the City, except a Card Club licensed pursuant to the provisions of
this Chapter.
(b) Unlawful games. It shall be unlawful for any person
to play in, or permit the playing of, or conduct or permit any game
at any Card Club licensed pursuant to this Chapter which game is
not permitted by law.
(c) Unlawful activities. It shall be a violation of
this Chapter for any Licensee to knowingly permit any unlawful
activity to take place upon the premises of the Card Club or to
fail to take reasonable steps to prevent such activities from
taking place.
(d) Unlawful interests. It shall be unlawful for any
City employee or City official to directly or indirectly own or
operate any License. It shall be unlawful for any City employee or
City official to directly or indirectly be employed in any manner
whatever by a Licensee. It shall be unlawful for any former city
employee or City official to directly or indirectly own, operate,
or have any interest, legal or equitable, in any License or
directly or indirectly conduct business with or be employed by a
Licensee for a period of four (4) years from the date of cessation
of such City employee's, or City official's employment, appointment
or eligibility for office.
For purposes of this Section 15F -59, indirect
performance of any prohibited act shall include but not be limited
to the performance of such prohibited act by the spouse or other
person related by blood or marriage to any party prohibited from
directly performing such act.
CY/4041993.003
For purposes of this Section 15F -59, the term
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203
"conduct business" shall include but not be limited to the
provision of loans or any other form of financing, sale or lease of
any real or personal property, and the provision of any services,
supplies, goods or other materials, but shall not include the
conduct of business as a patron or customer in a manner available
to the general public.
Sections:
15F -61
15F -62
15F -63
15F -64
15F -65
15F -66
DIVISION 12 - MISCELLANEOUS
Amendments.
Licensees Responsible.
Confidentiality.
Penalties.
Indemnification.
Non - Severability with Respect to Fees.
Severability with Respect to Remaining Provisions.
Sec. 15F -61 Amendments. The City Council reserves the right
and power to amend any and all provisions of this Chapter in its
sound discretion, without any additional vote by the electorate, so
long as any such amendments are not violative of any provisions of
state law or the final judgment of a court of competent
jurisdiction. The issuance of the City Council of any License
hereunder shall not be deemed to be a waiver by the City Council of
such right and power to thereafter amend this Chapter, and the
Licensee shall be subject to and comply with any such amendments.
Sec. 15F -62 Licensees Responsible. All persons licensed
pursuant to the provisions of this Chapter shall be liable for all
violations thereof, including all conditions, rules and regulations
issued pursuant thereto, including any violations committed by the
agents or employees of such Licensee, whether or not such Licensee
had knowledge of the act of the agent or employee or participated
in the act.
Sec. 15F -63 Confidentiality. To the extent permitted by law
all applications, personal history statements and financial
information filed by a Licensee, sublicensee, Pointholder or
Employee shall be confidential and accessible only to the City
Manager, the Chief of Police, the Finance Director, the City
Attorney and their designees.
Sec. 15F -64 Penalties. Violations of any provision of this
Chapter, including any conditions, rules or regulations issued
pursuant thereto, shall be punishable as follows:
(a) As a misdemeanor, prosecutable by the City Attorney
or the District Attorney, and punishable by imprisonment not to
exceed six (6) months in jail and /or by a fine not to exceed Five -
Hundred Dollars ($500); and /or
(b) By revocation or suspension of the License,
Pointholder, approval or work permit, as specified in this Chapter;
and /or
Said penalties are cumulative and may be imposed for each
violation. Each day such violation takes place shall constitute a
separate offense.
Sec. 15F -65
Indemnification.
(a) The applicant and applicant's successors, heirs, and
assigns, shall defend, with counsel selected by City, indemnify,
and hold harmless the City, its agents, officers, and employees
from any claim, action or proceeding against the City, its agents,
officers or employees to attack, set aside, void, or annul any
approval granted pursuant to this Chapter, which action is brought
within the appropriate statute of limitations.
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(b) The applicant, and the applicant's successors,
heirs, and assigns, shall further defend, indemnify, and hold
harmless the City, its agents, officers, and employees from any and
all claims, actions or proceedings against the City, its agents,
officers or employees arising out of or resulting from the
negligence of the applicant or the applicant's agents, employees,
or contracts in the operation of a Card Club.
Sec. 15F -66 Non - Severability with Respect to Fees.
Severability with Respect to Remaining Provisions. The provisions
of this Chapter providing for the payment of business license fees
are not severable one from the other. Should the requirements of
this Chapter relating to the payment of business license fees, 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 were unlawful prior to the adoption
of this Chapter.
Except as provided immediately hereinabove with respect to
business license fee payments to the City, if any remaining
section, subsection, 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 City Council hereby
declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof, irrespective of
the fact that any one or more section, subsection, sentence, clause
or phrase be declared invalid."
SECTION III. Effective Date. Notwithstanding any other
provision under law, the effective date of this Ordinance shall be
June 27, 1993 after its final adoption and subject to approval by
the voters of the City of Cypress at a Special Municipal Election
on June 8, 1993.
SECTION V. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and to give
notice thereof by causing copies of this Ordinance to be posted in
three public places throughout the City.
FIRST READ at an adjourned regular meeting of the City Council of
said City held on the 17th day of May 1993, and finally adopted and ordered
posted at a regular meeting held on the 24th day i of May 1993.
ATTEST* 6
CITY CLERK OF THE ITY OF CYPRESS
CY /4041993.003
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MAYOR OF THE CI
CYPRESS
2O
2O-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF CYPRESS )
I, DARRELL ESSEX, City Clerk
California DO HEREBY CERTIFY that the
adopted at a regular meeting of the
Cypress, held on the 24th day of
following roll call vote:
CY/4041993.003
of the City of Cypress,
foregoing Ordinance was duly
City Council of the City of
May , 1993, by the
AYES: 4 COUNCILMEMBERS• Bowman, Nicholson, Partin and Kerry
NOES: 1 COUNCILMEMBERS: Age
ABSTAINED: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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CIT CLE
eem CITY OF CYPRESS