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HomeMy WebLinkAboutOrd. No. 1973-522ORDINANCE NO. 522 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGULATING CARD ROOMS, LIMITING NUMBER OF LICENSES, PROVIDING FOR APPLICATIONS, , FEES REVOCATION OF LICENSES, PENALTIES, AND REPEALING ORDINANCE NO.,502. THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: DEFINITIONS A. "APPLICANT ". Shall mean and include any person as defined as a "person herein" who files an application to procure a license or permit to conduct a card room. B. "APPLICATION ". Shall mean and include any document, paper, questionaire, financial statement, which is required to be filled out by the applicant as a prerequisite for the'consideration by the council in determining whether or not a permit is to be issued to the applicant. C. "CARD GAMES ". Shall mean and include any and all games not specifically prohibited by Section 330 of the Penal Code of the State of California. D. "CARD ROOM ". Is a place which is duly licensed as herein provided, containing tables and other similar conveniences, for the playing of such games as may be permitted under the provisions of Section 330 of the Penal Code of the State of California. E. "CITY ". Shall mean the City of Lake Elsinore, California. F. "CITY COUNCIL" shall mean the City Council of the City of Lake Elsinore, California. G. 'CONDUCT' Shall mean and include engage in, transact, maintain, manage, open, establish, operate, play, deal and carry on. H.- "EMPLOYEE ". Shall mean and include every person, either as agent, servant, or employee of the owner, or any person `who is - in any manner under the direction of the owner of the card room. I. "LICENSEE" or "PERMITEE ". Shall mean and include any person as herein defined as a' "person" who has been issued a card room license or permit under the ,, provisions of-the ordinance, J.' "PERSON ". Shall mean and include any individual, com- bination of individuals, firm, association, corporation, partnership, joint venture,,organization, or other entity authorized by law. K. "'POINT HOLDER ". Shallmean' and include any person as defined as a "personit having any, interest whatsoever in a card room or its operation, whether the`inte`rest be legal,, equitable, or otherwise, to the extent of 3%6r more interest. SECTION 2: PERMIT AND LICENSE.R'BOUIRED It shall'be unlawful for any per`'son to attempt to. establish, establish,' open; operate, or maintain ariy card room wherein card games are condulcted without first'havin'g obtained a, permit and license from the City so to do. SECTION`S: LI'MIT ON NUMBER U PERMITS OR LICENSES A. 'the; total number of permits or licenses to operate card games in the City shall not exceed a total number of four ,(4) such permits or' licenses. B.-"The City shall only issue one (1) such license or permit for each 2,000 registered voters or fraction thereof in the City, as 'determined by the voter registration records at the last City election. . SECTION 4: APPLICATION A. Any person desiring toopen, operate, or maintain a card room as herein defined, 'shall first apply,in writing to the .;City Clerk of the City for such permit or license and shall accompany said application with such fees as are hereinafter set forth. Said application shall not be deemed a matter' of public record and the information therein shall only be used by the City for the purposes" of this ordinance. Each such application shall set -forth under oath, in addition to such other information as the City Manager may require, the following information: i i j 1. The date of the application, 2. The true name or names and address or addresses of the applicant, or applicants. 3. The legal status of the applicant, whether individual, combination of individuals, partnership, or incorporated association, or corporation. 4. The place where the.corpporation is organized and the place that the partnership is organized and whether said corporation is in good standing and authorized to do business in the State of California.If a partnership, the names and addresses of all general partners and the names and addresses of all limited partners must be set forth. If a corporation, all members of the Board of Directors, together with their addresses must be listed and all officers of said corporation, together with their addresses must be set forth. 5. If the applicant consists of more than one (1) individual, the names and addresses of all of the owners, investors, or persons having an interest therein shall be set forth. 6. A plot plan showing the location, design, type of con - struction and dimensions of the building, a plot plan of the entire property, and the location of all tables and other conveniences and other installations which are r planned to be placed within said building. 7. A statement that the applicant understands that the application shall only be considered by the City after a full investigation and report has been made by such investigative agency as may be employed by the City. 8., A statement by the applicant that he agrees that any business or activity conducted or operated under any permit or license which might be issued under such application shall be operated with full conformity with all laws of the State of California, "and all ordinances and regulations of the City. 9. A statement that the applicant agrees that in the event that the permit or license is granted, the applicant shall provide security and protection to all persons that may p come upon the premises, and that said applicant will be in violation of the permit or license and of this ordin- ance if the licensee or permitee allows any person on said premises to be or become intoxicated or to permit any person on the premises to violate any laws. 10. A statement that the applicant has read all of the pro - visions of this ordinance and that said applicant agrees to be bound by the provisions of this ordinance and any provisions of the license or permit. 11. The applicant shall immediately file a full and complete financial statement consisting of assets and liabilities, together with a profit and loss statement if required by the City Manager. The financial statement shall be certified to by the applicant and if required by the City Manager shall be certified to be acertified public account, or a public accountant duly licensed by the State of ' California. -3- r idhere the application is filed by an anda ='" �. or a combination of individuals, a partnership, or. an unincorporated association, all of such persons in- eluding any and all investors and the responsible operating manager shall submit: to a complete police check up, including finger printing and photography, In the event that the applicant is a corporation, all of the membe:xs of the Board of Directors, all of the officers, includ.iOg the operating manager, shall, submit to a complete police check up, including finier printing and photo£rnpiiy, Each of the persons requiredi to be finger, printed and photographed, as above set forth, agr.en that the City m y take such steps as may be necessary.to ascertain if any of said persons pos- sess a crimi_n €tl. record, 13. All applications shall provide for not less than thirty (30) card tables. 14. The City Manager is empower ed to provide application .forms and shall require the furnishing of such additional information as he shall determine in order to properly administer and regulate the provisions of this ordin- ance. SECTION 5: BUILDING PARKING AND LAND R UIREMENTS No application for a license or permit under this ordinance shall be considered or granted by the City, unless the land area upon which said business is to be conducted contains at least five (5) acres of ground and the portion of the building to be devoted to card room activities shall consist of' not less than 4500 square feet, together with a restaurant facility consisting of not less than 2500 szuuare feet, together with paved parking facilities for not less than 300 automobiles, together with acceptable lighting, driveways and landscaping as may be required by the City. SECTION 6: APPLICATION AND LICENSE - PERMIT FEES The following fees shall be paid by the applicant to the City as follows; A. An application fee in the amount of $500.00 shall be paid by the applicant to the City Clerk upon the filing of any application which is to be used to defray the costs of a complete investigation of the applicant and of all the other matters con- tained in the application and shall not be returned to the appli- cant whether said license or permit is grented or denied. B. All li.cetses laeued 0411 be SKY on a quarterly basis, naively, on January Ist.:, April lst, July'lst and October 1st of each calendar year. The license fees prescribed herein shall be is set forth and shall be payable in advance as follows: (1) For the minimum of (30) tables, a quarterly license fee of $2250.00 shall be paid. (2) For each additional table, a quarterly license fee of $75.00 shall be paid. (3) In addition, a permit fee in the sum of $500.00 shall be paid quarterly in advance. Also an additional permit fee shall be paid quarterly based upon l% of the gross income, not to exceed the payment of $1250 for any one quarter, or a payment of $5,000 in four consecutive quarters. (4) License and permit fees acquired prior to any quarterly date as referred to above, shall be prorated to the nearest quarterly payment date and hereafter such renewals shall be made in strict compliance with the provisions of this ordinance. SECTION 7: SLIDING SCALE INCREASE IN PERMIT FEES Effective as of January 1, 1974, the permit fees shall, be increased to the sum of seven hundred fifty dollars ($750.00) quarterly, and thereafter shall be increased as follows: A. As of January 1, 1976, the permit fees shall be increased to the sum of one thousand dollars ($1,000.00) quarterly. B. As of January 1, 1978, the permit fees shall be increased to the sum of twelve hundred fifty dollars ($1,250.00) quarterly. j C. As of January 1, 1980, the permit fees shall be increased to the sum of fifteen hundred dollars ($1,500.00) quarterly. SECTION 8: GRANTING OR DENIAL OF APPLICATION. CONSIDERATION BY THE CITY COUNCIL. Whenever an application for a permit to procure a license, as required when the provisions of this ordinance, is presented to the City Council, the City Clerk having certified that the applicant €' has met all necessary requirements and the number of registered f, voters permits the issuance of an additional license pursuant to the provisions of this ordinance, the City Council may consider such application either at the regular meeting of the City Council at which the same is presented or at any subsequent meeting to � F which the matter of such application may be continued by the City Council and within ninety (90) days the application shall be considered on the following basis, without being limited thereto; A. The effects on the community of the granting of such permit and license and the adverse effects upon existing licensees. �x B. The financial ability of the applicant, including the personal history, business experience, reputation for habits and traits of character and any other matters of inquiry deemed necessary by the City Council.. C. The business and financial history of the actual operator and manager of the enterprise, including his personal history, moral background, habits, and traits of character. D. If the City Council deems tuch action necessary or desirable, the Council may set the matter of any such application for a public hearing before the Council on notice of not less than ten (10) nor more than thirty (30). days. E. If it be the considered judgment of the City Council that the issuance of the permit applied for would not be in the best interest of, and would be inimical to the safety, convenience or welfare of the residents of the City of Elsinore, the City Council shall in that event deny the application. SECTION 9: _DECISION OF CITY COUNCIL FINAL . The decision of the Council to approve any application and grant the permit applied for therein, or to deny any such appli- cation and refuse to grant the permit applied for therein, or to revoke or suspend a license, shall be final and conclusive. SECTION 10 APPLICANTS ACCEPTANCE OF CITY COUNCIL DECISION The applicant who has filed an application with the City to procure a permit and /or license to conduct card games shall agree in his applica ion form to waive all right of redress and agrees that.the sole and exclusive discretion as to the granting or denial of any such permit and /or license or ,revocation or suspension of a license shall be vested in the City Council. SECTION 11: NONTRANSFERABILITY OF LICENSE No license granted herein shall be transferable without prior approval of the City Council, and no licensee shall acquire any property rights to the license which may be granted hereunder without such prior approval. Any transfer or attempted transfer of -6- any license granted herein without such prior approval shall constitute a ground for revocation or suspension of any license. SECTION 12: POINT HOLDER AFFIDAVIT Every point holder, as defined by this ordinance, shall file an affidavit, and every quarter thereafter shall:,file an affidavit unless otherwise specified by the City Manager in substantially the following form. A. That I am an American citizen.; B. That the interest I hold in is C. That -said interest indicated above is solely my own;. and no portion thereof is held in trust for any other person.or persons whomsoever; D. That I have not been convicted of a felony or misdemeanor involving moral turpitude; E. That the City of Lake Elsinore at its discretion has the right to require me to have my fingerprints and photograph taken by an official agency they designate and cause an official report thereon to be filed with the City Manager. The above affidavit shall be signed before a notary public. SECTION 13: LICENSE RENEWALS The prescribed procedure for renewal of quarterly license .and'permit fees shall be a declaration substantially in the follow - ing form filed with the City Manager (Indicate one) �] A. There has been no change in ownership. [] B. There has been a change in ownership. (Fully explain in detail such change,) I declare under penalty of perjury that the foregoing is true and correct. (signed) Title Permitee, Managing Director, Authorized Agent, Corporate Officer, -7- " SECTION 14: MINIMUM'NU1IBER OF TABLES REQUIRED No license or renewal thereof shall be issued for a lesser number than thirty (30) card tables or units. SECTION 15: GROUNDS FOR DENIAL OF LICENSE The following shall be considered sufficient grounds for the denial of a request for a license: A. The unsuitability of the proposed location or the construction or arrangement therein. . B. The applicant, investor or other interested party having previously had a license revoked for.any cause., C. The application does not meet the requirements as set forth in this ordinance. D. The granting of the license would be contrary to the public peace and welfare of the community, the determination of which is in the sole discretion of the City Council. E. The applicants, based upon the examination of the persons whose names appear thereon, be determined to be persons who have a disqualifying criminal record or for such. other reason deemed sufficient by the City Council. SECTION 16: REVOCATION OR SUSPENSION OF LICENSE A. Any license issued pursuant to the provisions of this ordinance may be revoked or suspended by the City Council upon written notice given to the licensee in person or by registered mail, setting forth the ground or grounds of the alleged violation. In the event that notice is given, -said notice shall further notify the licensee of the hearing to be conducted before the City Council, setting forth the date, time and place of such hearing. Said notice shall be delivered in person or mailed by registered mail at least ten (10) days prior to said hearing to the licensee at the address shown in the original application or annual applications. At the time of the hearing, the licensee shall be- required to show cause why said license should not be revoked. At said hearing testimony shall be received by the City Council, both on behalf of the City and any of its officers, agents, Or employees or other �g interested persons as well as testimony on the part of the licensee. At the conclusion of said hearing, the City Council shall make a determination based upon the evidence received, whether the grounds for said revocation or suspension are sufficient or not, and its determination.shall be final. B. The following shall be considered sufficient grounds for the revocation or suspension of any license granted under this ordinance: 1. The Nonpayment of any application fee or license fee provided by this ordinance or any other fees required by any other ordinance of the City of Elsinore. 2. Failure of the licensee to abide by the provisions of this ordinance. 3. Conviction of the licensee of a violation of any law which renders the licensee unfit to continue to participate in the card room business. 4. The failure of the licensee to commence an oper- ation of said card room business within one hun- dred eighty (180) days from the granting of any license or such additional time as may be specified by the City Council or if the licensee shall fail to operate said business in a businesslike and dignified manner. 5. Failure of the licensee to effect a change in its corporate structure, including investors, without having first notified and received approval from the City Council subject to investigating proced- ures outlined herein as shall be determined necessary by the City Council. SECTION 17: REGISTRATION FINGERPRINTING AND PHOTOGRAPHING OF EMPLOYEES FOR IDENTIFICATION PURPOSES REQUIRED A. It shall be unlawful for any permittee and /or licensee to employ any person without such person having been fingerprinted and photographed by the law enforcement agency of the City of Lake Elsinore, subject to the conditions and provisions set forth in sub - section B hereof. -B. Any person employed by any licensed card room or card club in the City of.Elsinore shall, within seven (7) days after such employment, report to the City Clerk and shall submit to fingerprinting and photographing for identification purposes. -9- A fee in the sum of City Clerk to cover graphing and identi five dollars ($5.00) shall be paid to the the cost of such fingerprinting and photo - Eication card. C. It shall be the responsibility and duty of the City Clerk to establish the necessary procedures to implement and process the provisions of subsection B hereof. D. The information received by the City Clerk pursuant to the provisions. of subsection B hereof shall be treated as confidential and shall be accessible only to the City Manager, City Clerk, and to the managing director, permitee and /or licensee of the respective licensed card rooms or card clubs in the city. SECTION 18: TIME OF OPERATION Every licensee or permittee shall keep said business open for operation on every day during the year on a 24 hour basis, unless the City Council shall specify other days and hours of operation. SECTION 19: CHANGE OF LOCATION Upon written request by permittee and /or licensee to the City Clerk, any permittee and /or licensee shall have the right to change the location of the business operated under the permit and/ or license, with the approval by the City Council of the new loc- ation. SECTION 20: NON- DISCRIMINATION IN EMPLOYMENT It shall be unlawful for any licensee to discriminate in the employment of any person on account of race, color, sex, 1. religion, national origin or ancestry. SECTION 21: DEPUTIZE PERSONS At the option of the permittee and /or licensee, the City Manager shall direct the local law enforcement agency to deputize such person or persons, provided they are acceptable, as may be designated by any licensee for proper security and policing of.. card clubs licensed hereunder. Any and all costs for such.security . and policing shall be borne by the liconntro thereof. -10- M9 V .SECTION 22: OPERATION SHALL BE IN CONFORMITY TO LAWS Nothing herein contained shall in any manner whatsoever be construed as permitting any playing of games or gaming pro - hibited by,the laws of the State of California. Each and'all such games to be played shall be operated in full conformity with and subject to all of the laws of the State of California, and the terms, conditions and provisions of this ordinance. SECTION 23: PROHIBITION OF PERSONS UNDER 21 YEARS OF AGE It shall be unlawful for any licensee or any other person operating under the provisions of this ordinance to permit any person under the age of twenty -one (21) years to play in any, gRme licensed hereunder. SECTION 24: PROHIBITION AGAINST SALE ETC, OF ALCOHOLIC BEVERAGES It shall be unlawful for any licensee or any other person operating under the provisions of this ordinance to.sell, cause to be sold, given away, or cause to be given away, any intoxicat- ing liquors in the card room area of the licensed premises, except when the facilities are not being used for gaming purposes and i when approved by the City Council. SECTION 25: CONFIDENTIALITY OF APPLICATIONS FINGER PRINTS POLICE REPORTS AND FINANCIAL STATEMENTS - AUTHORITY OF CITY MANAGER All applications, finger printing reports and financial statements shall be entrusted to the City Manager and shall be held by him in confidence, except as necessary for the City Manager to report certain information to the City Council. The City Manager shall have the right to review the books, papers and records of all licensees to determine the ownership of said licenses as well as to verify all financial statements of any licensee or applicant which he deems necessary to properly admin- ister and carry out the provisions of this ordinance. All such investigation conducted by the City Manager shall be confidential except as necessary to inform the City Council. -11- SECTION 26: PENALTIES Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or by,;imprisonment of not more than six (6) months, or by both such fine and imprisonmen.t', SECTION 27: SEPARABILITY If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held to be unconstit- utional or invalid, such decision shall not affect the validity or the constitutionality of the remaining portions of this ordinance. The City Council of the City of Lake Elsinore hereby declares that it would have passed this ordinance, and each section,. sub- section, paragraph, sentence, clause, or phrase thereof irres- pective of the fact that one or more of the sections, subsections, paragraphs, sentences, clauses, or phrases thereof had been declared unconstitutional or invalid. SECTION 28: REPEAL OF ORDINANCE Ordinance No. 502 is hereby repealed. SECTION 29: CERTIFICATION The City Clerk of the City of Lake Elsinore, California, is hereby ordered to certify the passage of this ordinance and cause the same to be published in the manner provided by law.. ADOPTED BY THE MAYOR AND CITY COUNCIL on the 26thday of February , 1973, and signed by the Mayor and attested to by the City Clerk this 26th day of February 1973. �MYUK OF THE CITY SIRMT- ATTEST: OVIL fit- y Cleity of sinore' YEA"_ car.tior, ftft natt, potkins; Maybt, Chaffin$ NAY, none ABS .0U Abaent: crilinN. linft Depasduale. :12w