Part 2 — Game Room License

• a. It shall be unlawful for any person to conduct, or purport to conduct, within the City any business, activity, enterprise or undertaking, wherein tables or other items, or units of furniture are used directly or indirectly for the playing of games and for the use of which a fee, commission, or compensation is directly or indirectly charged, accepted, or received from players or participants in any such playing of games unless such person possesses a valid license to do so in accordance with the provisions of this section, and complies with all other municipal code or City regulatory provisions. This section regulates owners and licenses of game room operations undertaken at gaming facilities and not the land upon which such activity is located. Under no circumstances shall any conditions attached to any such license be construed to turn such license into a conditional use permit whose transfer may not be restricted by the City.

• b. No license for the conduct of any game and/or game room under this section shall be received, filed or processed by the City Administrator, nor shall a public hearing on the same be conducted:

  1. When the application would result in the number of current and valid licenses for game rooms in the City, when added together, exceeding the total number provided in subsection 8-11.4 of this section; or

  2. During the term of any agreement between the City and a licensee which grants the licensee the exclusive right to operate a gaming facility within the City.

• c. For the purposes of this section, any license issued by the City shall be deemed current and valid, and shall remain in full force and effect:

  1. During processing of registration applications with the Attorney General;

  2. During the time any other approvals necessary for development or operation of the gaming facility, whether issued by the City or another government entity, are being diligently sought by licensee; and

  3. During the time any challenge is being pursued against the City's issuance of the license or against any other approval granted by the City or another government entity that is required for development or operation of the gaming facility.

The City Administrator shall administer the provisions of this section, including but not limited to:

• a. Complying with all present and future State gaming laws, subject to the provisions of subsection 8-11.6.

• b. Preserving and keeping all documents that are identified in this section as confidential documents so that the contents thereof shall not become known except to persons required by law to effect the administration on enforcement of this section;

• c. Promulgating and/or requiring prior approval of accounting procedures to be utilized by licensees to ensure accurate reporting of the legal gaming facility revenues; and

• d. Delegating the duties and powers vested in the City Administrator by this section to appropriate City employees or officers.

• e. Establishing procedures for the purpose of maintaining the confidentiality of confidential documents required to be submitted to the City under this section.

The game room license, if granted, will be issued only in the name of an individual, a sole-proprietorship, a partnership, or a corporation (such entity to be referred to as a license applicant), and the license may require that, concurrent with the granting of the game room license, each pointholder and key management employee of the license applicant be issued registration permits in accordance with subsection 8-11.28 of this section allowing such individuals or entities to be involved in the activities, profits and direction of the game room operation (such individuals and entities to be referred to as pointholder permit applicants and key management employee permit applicants, respectively). City officials and employees and their immediate families shall not be eligible to apply for game room licenses, pointholder registration permits or any form of employee registration permit, provided that nothing herein shall prohibit the employment of off-duty public safety officers for security purposes.

In addition to other information as may be required by said application forms for a game room license, the applicant shall complete and provide the following information in such detail as the City Council or City Administrator may require:

• a. The date of the application;

• b. The true name of the applicant;

• c. The status of the applicant as being an individual, a sole proprietorship, a partnership or a corporation;

• d. If the applicant is an individual, the residence and business address and personal history record of such applicant in the form required by the City;

• e. If the applicant is not an individual, the name, residence, and business address of each of the officers and directors or, if a partnership, the partners of the license applicant;

• f. An application for a pointholder's registration permit, in the form and substance required by subsection 8-11.28 of this section, each person who is or is proposed to be a pointholder of the proposed game room;

• g. An application for an employee's registration permit, in the form and substance required by subsection 8-11.28 of this section, for each individual who is or is proposed to be a key management employee of the proposed game room;

• h. A description of the premises to be used in relation to game room activity, including but not limited to game playing area and associated facilities;

• i. A general description of the type and nature of the games intended to be played;

• j. The number of tables or other units to be placed, employed or used;

• k. A description of any other business conducted or proposed to be conducted at the same location;

• l. A financial plan and source of funding for the development, including projected development cost, which financial plan shall be a confidential document that is not open to public inspection;

• m. A statement of the applicant's experience in the operation and management of game rooms or other lawful gambling or other relevant activities;

• n. A complete description and layout of all security measures proposed in as great a detail as is available, which shall be a confidential document and not open to public inspection;

• o. A copy of any lease (including any agreement with the owner of the underlying fee interest in the property) that the applicant or any other party has entered into for the use of the game room, which shall be a confidential document that is not open to public inspection. If the City Council determines that a landlord whose lease rental payments are based upon a percentage of the revenues or profits of the game room or a financier, by reason of the extent of his or her holdings or his or her inherent financial control, cannot, in fact, be separated from the game room, and, that as a practical matter, a single entity exists regardless of the apparent form of the organization, the City Council may require that all such individuals be designated pointholders and subject to all investigatory, financial and background reporting procedures established by this section for game room pointholders. Any such determination shall not, however, be deemed to make any such lessor an owner or operator of the game room for purposes of this section or applicable State law. Notwithstanding anything to the contrary in this subsection, if the lessor is a publicly-traded corporation or is wholly owned directly or indirectly by a publicly-traded corporation, then the provisions of this subsection shall not apply.

• p. A statement that the applicant understands that the application shall be considered only after a full background investigation and report has been made by such members of the City staff as are designated by the City Council;

• q. A statement that the applicant understands and agrees that any business or activity conducted or operated under any license or permit 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, may render any license or permit therefor subject to immediate suspension or revocation;

• r. A statement that the applicant has read the provisions of this section and particularly the provisions of this section and understands the same and agrees to abide by all rules and regulations contained in this section;

• s. The most recent balance sheet and income statement for the prior fiscal year for the applicant prepared in accordance with generally accepted accounting principles, as certified by an independent certified public accountant. The financial statements required by this subsection shall be confidential documents and shall not be open to public inspection. Documents shall be available only to the City Council and those officials having direct jurisdiction involving the provisions of this section and to any court of competent jurisdiction where any matter directly relating to the processing, operation under or enforcement of the license is pending;

• t. A statement in a form acceptable to the City that the applicant understands and agrees to be bound by the indemnity provisions set forth in this section. Further, a statement by the applicant that it accepts all risks of any adverse public notice, publicity, embarrassment, criticism, financial loss or all other actions and consequences which may result from activities with respect to reviewing, processing, approving or disapproving any application, and that the applicant waives any claims for damages against the City or its agents resulting therefrom, other than damages resulting from the intentional willful or malicious conduct of the City or its agents.

• u. All such other information that reasonably is requested to be submitted by the City Administrator or the City Council.

The applicant shall pay a nonrefundable application fee, which shall accompany the application. The amount of the fee shall be set by resolution of the City Council, and shall be based on the City's reasonably projected investigation, administrative and processing costs.

Whenever an application for a license pursuant to this section has been filed and all application fees as established by subsection 8-11.11 are deposited with the City Clerk, the City Clerk shall immediately refer such application, or a true copy thereof, to the City Council, City Administrator, and the Chief of Police.

Upon receipt of a game room license application, the City Administrator shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant, pointholders and key management employees. Such matters may include but are not limited to the following:

• a. Identity, character and background of the license applicant, and all other pointholders and key management employees;

• b. Type of tables to be used and their proposed locations, area where food and beverages are proposed to be served and means for excluding persons under twenty-one (21) years of age from game playing areas;

• c. Type and degree of security personnel and facilities to be provided; and

• d. The financial stability of the applicant and the financial ability of the applicant to comply with the conditions and requirements of the City in the event the application is approved.

The investigation of the game room application shall be completed as soon as practicable after a complete application is received. Following the investigation, the completed report of the investigation, together with the City Administrator's findings and recommendations (which shall be based in part on the findings and recommendations from the Chief of Police concerning the pointholder permit applications and the key management employee permit applications), shall be forwarded to the City Council. The City Council shall not consider any application for a game room license until the City Administrator's findings and recommendations are forwarded for review.

Upon receiving the complete game room application and the City Administrator's findings and recommendations, the City Council shall make a determination on the permit application within a reasonable period of time, but in no event shall City Council be required to make a determination sooner than forty-five (45) days after receiving such application and findings and recommendations. The City Council will use good faith efforts to make a determination within sixty (60) days of receiving the complete application and the City Administrator's findings and recommendations.

In the event a full and complete application for a game room license is presented to the City Council, and the payments required by this section in connection therewith have been duly made to the City, and the investigations and reports required under the provisions of this section have been duly completed, the City Council shall have jurisdiction to consider such application.

The City Council by resolution shall either grant, conditionally grant or deny the game room license application, and each of the pointholder permit applications and the key management employee applications. If the City Council rules that an application be denied, the ruling will be accompanied by written findings upon which the ruling is based. All such rulings and findings will be made public. The City Council can grant the license applied for subject to the condition that any pointholder or key management employee disapproved of be removed as a person having an interest or control in the game room based on standards contained in this section. Compliance with the removal condition shall be monitored, reviewed and approved of by the City Administrator, prior to final issuance of the game room license.

The application shall be considered on the basis of all such considerations that the Council deems appropriate and on the following specific guidelines, without being limited thereto:

• a. The financial stability of the applicant, and pointholders, including the personal history, business experience, general reputation, character, and any other matters deemed by the City Council to be necessary or important;

• b. The business and financial history of the manager or active operating head and any other key management employees, including such persons' personal history, moral background, reputation, and character; and

• c. Any other relevant data, facts or considerations concerning the issue whether the license is being granted to such applicant who will operate the gaming facility so as to best protect the public health, safety, morals, good order and welfare of the residents of the City.

The action of the City Council in accordance with this section shall be final. In the event rulings or actions of the City Council shall be challenged, the applicant shall be required to pay the total cost of defense of such challenge.

City of Albany, CA § 8-11.14 LAW ENFORCEMENT

§ 8-11.15

The City Council may, in its discretion, deny or condition a license or permit application for any of the following reasons, without being limited thereto, or for any other reason consistent with the general policy of this section:

• a. Conviction of the applicant or any pointholder or key management employee of any crime punishable as a felony or of any crime of violence, any crime involving fraud, gambling, loan sharking, bookmaking, thievery, bunco, moral turpitude, or any crime involving evasion of taxes, or any other crime of moral turpitude indicating a lack of business integrity or business honesty, whether committed in the State of California or elsewhere, whether denominated as a felony or as a misdemeanor and notwithstanding the passage of time since the conviction;

• b. Identification by any law enforcement agency, legislative body or crime commission of the applicant or any pointholder or key management employee as a member of, or an associate of, organized criminal elements;

• c. The applicant or any pointholder or key management employee is presently under indictment or is the subject of a criminal complaint for any of the crimes described in paragraph a above;

• d. Prior unsuitable operation by the applicant or any pointholder or key management employee as a card or gaming licensee in another jurisdiction without regard to whether disciplinary action was taken at that time or whether the acts were sufficient to justify revocation of a license;

• e. Making or causing to be made any false or misleading statement in the application or as to any other information presented as part of the application process;

• f. Failure to satisfy the City Council as to the source of funds to be invested in the proposed venture and that there is adequate financing available to pay potential current obligations and, in addition, to provide adequate working capital to finance opening and operation of the game room proposed;

• g. Applicant does not have the financial capability or business experience to operate a game room in a manner that would adequately protect the patrons of the game room and the citizens of the community;

• h. Failure of the applicant to have a valid registration from the Attorney General of the State of California issued pursuant to the Gaming Registration Act;

• i. The proposed business or activity would not be in compliance with Federal, State or City law or regulation;

• j. Failure of any person named in the application when summoned by the City Council to appear and testify before it or its agents at such time and place as it may designate;

• k. Inadequate security plan; or

• l. That the City Council determines by a preponderance of evidence in the record as a whole that the granting of the license will not be in the best interest of the community's health, safety, and welfare.

• a. Imposition of Initial Business License Fee. There shall be an initial business license fee required, payable as follows:

1. Six hundred thousand ($600,000.00) dollars upon issuance of the license; and

2. If operation of the gaming facility has not commenced on or before July 1, 1995, then seven hundred fifty thousand ($750,000.00) dollars upon the later to occur of (A) issuance of the license, or (B) July 1, 1995.

The full amount of the initial business license fee (without discount or adjustment) shall be credited against the applicant's obligation to pay business license taxes pursuant to the provisions of this section. Said fee shall be nonrefundable, regardless of the operational status of the gaming facility.

• b. Imposition of Business License Taxes. In lieu of any business license tax imposed in Chapter 5 of the Albany Municipal Code, there is hereby imposed a gross license tax. It shall be unlawful for any person issued a license pursuant to this section to operate a gaming facility without paying the business license taxes here and after prescribed. The business license taxes imposed herein are intended for revenue only and are not regulatory fees for the cost of administering the provisions of this chapter. They shall be general taxes deposited in the City's general fund.

The license tax shall be paid monthly to the City. Payment for any calendar month shall be made on or before the 15th of the succeeding calendar month.

This tax shall apply to game room operations only and shall be additional to and have no effect on the City's share of the parimutuel pool imposed by Article 9.5 of the Business and Professions Code commencing with Section 19610, or any amendments thereto.

• c. Business License Tax. Amount. During the first twelve (12) months of operation, licensee shall pay to the City a monthly business license tax as follows:

Following the first twelve (12) months of operation, the same tax rate shall apply; provided, however, that regardless of the total monthly gross revenue, the minimum monthly tax shall be at least one hundred thousand ($100,000.00) dollars.

Should any tournament be held, ten (10%) percent of the total entry fees shall be included in addition to the total monthly tax specified above.

For any non-gaming business operations on the premises, including but not limited to food and beverage service or rental of facilities, licensee shall pay to City a monthly business license tax as set forth in Chapter 5 of the Albany Municipal Code, as it may be adjusted or amended, for fixed places of business, or as set forth in any other applicable section, as determined by the Finance and Administrative Services Director. All procedures set forth in Title 5 Chapter 4 of the Albany Municipal Code relating to business licenses shall be applicable to such non-gaming operations.

• d. Statement of Revenue. Each licensee shall file with the City before the fifteenth (15th) day of each calendar month a reporting form approved by the City Administrator, under penalty of perjury, showing the true and correct amount of gross revenue derived from the gaming facility for the preceding calendar month. Such statement shall be accompanied by the payment of the correct amount of taxes due and owing in accordance with the provisions of paragraph b of this section. Such sums correctly reflecting the monthly fees payable for the preceding month shall be accepted by the City, subject, however, to the future right of the City to audit the matters referred to in any such statement and to determine the correctness of the figures and the amounts payable to the City pursuant to the provisions of paragraph b.

• e. Audit of Reports. Licensee shall arrange for a certified public accountant approved by the City Administrator to audit the books, documents, records and accounts relating to the gross revenues of the licensee at the end of the licensee's fiscal year. The report of such accountant and all work papers utilized in the preparation of such audit shall be submitted to the City Administrator. The City Administrator, or his designee, shall review the report and work papers and may require any further information from the licensee. The City Administrator may submit such documents and information to a second certified public accountant for review.

In addition to the audit required above, the books, records, and accounts of any gaming room may be audited by the City at any time. Upon request of the City Administrator, licensee shall provide to the City Administrator copies of licensee's State and Federal income tax returns, which shall be kept confidential and shall not be disclosed other than as necessary to carry out the purposes of this section. In the event a City conducted audit discloses an underpayment in excess of two (2%) percent in any one month, the full cost of such audit shall be borne by the licensee. Any information obtained pursuant to the provisions of this section or any statement filed by the licensee shall be deemed confidential and shall not be subject to public inspection unless otherwise required.

• f. Refusal to File, Pay Fees or Taxes or Permit Inspection of Records. Any failure or refusal of licensee to timely make and file any required statements, or to pay such fees or taxes when the same are due and payable in accordance with the provisions of this section, or to permit inspections of such books, records, and accounts of such licensee, shall constitute full and sufficient grounds to revoke or suspend the license.

• g. Delinquent Business License Taxes; Penalties; Interest Liens. Penalties for late payment shall be assessed in accordance with any provisions or regulations enacted by the City of Albany, including but not limited to Chapter 5 of the Albany Municipal Code, or such other provisions governing business license delinquencies.

• h. Business License Tax a Debt: Attorneys' Fees. The amount of any business license tax, penalties and interest imposed by the provisions of this section shall be deemed a civil debt to the City. The City may pursue any legal remedies for the collection of any delinquent business license tax, penalties, interest, liens, and all administrative costs incurred in connection therewith, including attorneys' fees.

• i. 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.

• a. All licenses granted by the City Council shall be deemed conditioned so as to require compliance with all of the terms, conditions and provisions of this section, as well as all applicable laws of the City, State and Federal governments. No license shall be valid unless the licensee obtains and maintains a valid and current or provisional registration from the Attorney General pursuant to the Gaming Registration Act as codified in Division 8, Chapter 5 of the Business and Professions Code commencing with Section 5. By applying for a license, the applicant agrees to a condition to the license granted that the licensee shall indemnity, defend, protect and hold harmless the City, its officers and employees, from any and all claims, actions, judgments and damages, including but not limited to award of attorney fees, against the City, its officers or employees, directly or indirectly related to issuance or validity of such license or any other permit required by law, or to the exercise of City's Public Records Act discretion under this section, or to the enforcement of this section, except to the extent due to the intentional or willful misconduct of the City, its officials or employees. In addition to the above, the City Council may impose specific conditions upon the license (or other required licenses or permits) which, in its discretion, it deems necessary to ensure compliance with provisions of this section and to protect the health, safety and welfare of employees, patrons, and the residents of the City.

• b. A violation of any condition of any license or other permit is hereby deemed to be a violation of the provisions of this section and is deemed sufficient grounds for license revocation or suspension, imposition of fines or other action determined appropriate by the City Council. All terms and conditions specified in any license shall be enforceable as if set forth in this section.

• a. No application for a license shall be accepted for filing when the maximum number of licenses authorized by this section have been issued and are in effect. There shall be no waiting lists or priorities for persons or entities desiring to file such applications;

• b. Any person or entity interested in obtaining a license at such time as one is available may file a written request with the City Clerk for written notice as to when the applications will be accepted for filing. Such written requests shall be valid and in force for a period of one (1) year from the date of their filing, and may be refiled;

• c. Whenever the number of licenses issued and in effect is less than the number authorized by this section, the City Council, in its discretion, may cause to be published in a newspaper of general circulation in the City a statement that the City is accepting applications for licenses for a period of thirty (30) calendar days from the date of such publication. Applications received after this deadline will not be considered.

Each game room license issued under this section automatically expires on midnight of the thirty-first (31st) of December of the second year after which the license was issued or renewed.

A valid license issued under this section, which has not been surrendered, suspended or revoked, may be renewed for respective periods of no longer than two (2) years upon the following terms and conditions:

• a. An application for renewal of any license shall be filed ninety (90) days before the expiration of the existing license with the City Administrator on forms provided by the City Administrator.

• b. An application for renewal shall contain an affidavit made subject to the penalties of perjury on a form approved by the City Administrator confirming and indicating:

  1. Any change in individuals with whom the licensee has any operating agreements pertaining to the licensed operation;

  2. Any change in pointholders, the full, true and correct names and addresses of such new pointholders, or trustors for pointholders;

  3. The full, true, and correct names and addresses of each and every current employee; and

  4. If no changes have occurred from the previous renewal, licensee shall so certify and attest.

• c. If any application for renewal is not filed, or the application fee is not paid, within the time specified by paragraph a., the license shall be deemed surrendered at the expiration date of the license;

• d. The application fee for renewal of a license under this chapter shall be established by resolution of the City Council and shall be based on the costs (including administrative costs) that the City reasonably expects to incur for the processing, investigations concerning, and consideration of any renewal application.

• e. In the event that the game room licensee has complied with all requirements of this section and conditions of the license, if no material changes have occurred that have not already been acted upon, and if the revenues received by the City are consistent with the provisions of this section, the City Administrator shall renew the license for another two (2) year period, except that the City Administrator shall have the option to defer the license renewal determination to the City Council. The licensee may appeal to the City Council a decision by the City Administrator to deny a renewal. Such appeal shall be filed within ten (10) days of the date of notice of decision by the City Administrator. The City Council shall schedule a hearing to hear any such appeal.

• a. If a licensee wishes to amend a term or condition of the license (including but not limited to the number of game tables, the hours of operation, etc.), the licensee shall submit a written request for amendment to the City Administrator. In the request, the licensee shall state the requested amendment and the reasons for it. The licensee shall pay an amendment application fee in an amount established by City Council resolution to cover all reasonable processing costs, including administrative costs.

• b. The Administrator shall refer the request to the Chief of Police and to each City department which may be affected by the proposed amendment. Based upon comments and recommendations received, the Administrator shall prepare and submit to the City Council a report and recommendation on the proposed amendment.

• c. The City Council, in its sole discretion, may approve or deny the requested amendment in accordance with the provisions of subsections 8-11.13 and 8-11.14. The Council may approve the amendment subject to such conditions as it deems reasonably necessary.

• d. Notwithstanding paragraph c above, the Council shall deny the requested amendment if it finds that the proposed amendment:

  1. Will result in the aggravation of crime problems or make law enforcement more difficult;

  2. Will result in the violation of the City's zoning, fire, building or other ordinance; or

  3. Will be inconsistent with the purposes and provisions of this section.

• a. Except as otherwise provided for in this section, no game room license, no transfer of more than five

(5%) percent of any beneficial interest in the license or five (5%) percent interest of a registered pointholder, or any game table operated under a game room license may be sold, transferred or assigned by the licensee or other person, or by operation of law, to any person without the prior approval of the City Council, which approval shall be conditioned upon the proposed transferee's compliance with the provisions of this section and the Gaming Registration Act as codified in Division 8, Chapter 5 of the Business and Professions Code commencing with Section 19800. Any sale, transfer or assignment, or attempted sale, transfer, or assignment without such prior approval shall be deemed a nullity and of no force and effect.

• b. If the licensee is a partnership and one or more of the partners dies, the surviving partners, or partner, may, with prior approval of the City Council, acquire, by purchase or otherwise, the interest of the deceased partner, or partners, without effecting a surrender or termination of the license. In such case, the licensee shall thereafter be deemed to be the surviving partner upon notice to the City of Albany of the purchase or transfer.

• c. Any change of legal status of a licensee (such as a change from individual to corporate status) requires the prior approval of the City Council, which may condition such approval on the satisfaction of conditions addressing impacts arising from such change.

An applicant who has received approval for a game room license and paid all appropriate fees must commence operation of the game room within ninety (90) days following issuance of the license. Such ninety (90) day period shall be tolled for the time periods set forth in subsection 8-11.8 c of this section, if applicable.

• a. A license shall be deemed to be abandoned and subject to revocation where operation of the game room has commenced but, thereafter, licensee has failed to conduct gaming at the game room for any period of sixty (60) continuous days, regardless of the reasons therefore, unless such failure is the result of a suspension of the license or unless the licensee's premises are destroyed or damaged, or forced to close by war, insurrection, strikes, riots, fire, flood or other Acts of God, or other acts beyond the control of licensee, or directly by restrictions mandated by other governmental entities, enactment of new or supplemental State or Federal laws or regulations or judicial interpretations of State or Federal laws or regulations, as long as the licensee is proceeding with due diligence to restore the gaming room operation; provided, however, that this sixty (60) day period may be extended by the City Council for up to an additional sixty (60) days upon request by the licensee, made during the initial sixty (60) day period, for such extension, and upon a showing satisfactory to the City Council of good cause for such extension.

• b. Where the City Administrator or City Council initially determines that a game room license has been abandoned, the City Administrator and/or City Council shall follow the procedures set forth in subsection 8-11.25 of this section. Where a final decision has been made by the City Council in accordance with the provisions of subsection 8-11.25 e that a license has been abandoned and therefore revoked, said license shall be null and void and of no further force and effect.

Licenses are subject to revocation or suspension as provided in this section. Licenses are also subject to revocation or suspension upon a determination by the City Council that grounds exist which would justify the denial of an application for such license if such application were then pending, or that the licensee or any pointholder, or employee has:

• a. Violated, or permitted, allowed or caused the violation of any provision of this section, or violated a law of the State of California related to gaming, or

• b. Permitted, allowed or caused any violation of any condition of approval imposed upon the issuance of such license, or any other permit issued under this section; or

• c. Made any false, fraudulent, misleading statement or omission as to a material fact on an application form, or as to any other information presented or required as part of the application process; or

• d. Abandoned the license as provided in subsection 8-11.22; or

• e. Failed to prevent the gaming room facility from causing a substantial adverse impact on surrounding properties or persons, or on the community as a whole, due to the direct or indirect consequences of the gaming facility, including but not limited to criminal activity, public intoxication, crowd activity, security problems, noise, odor, traffic or parking overflow; or

• f. Failed to prevent the operation of the gaming facility from constituting or giving rise to a public nuisance; or

• g. Had its registration under the California Gaming Registration Act suspended or revoked; or

• h. Failed to commence operation of the game room in accordance with the provisions of subsection 8-11.22;

• i. Failed or refused to timely file with the City the statements of gross revenue of the game room required under this section, or to timely pay, or cause to be timely paid, the full amount of the business license tax otherwise due under this section, regardless of the cause of such failure or refusal; or

• j. Transferred, or caused to be transferred, an interest in the gaming facility operation or the license or any other permit without obtaining any approval of the City required under this section; or

• k. Made or caused to be made any campaign or other financial contributions in violation of the provisions of this section.

• a. Notice or Order to Show Cause. Upon determining the existence of a condition stated in subsection 8-11.24 or any other condition that is a basis for suspension or revocation of a license under this section, either the City Administrator or the City Council shall give notice to the licensee of the time, place and purpose of a hearing before the City Council. The notice may, but need not, take the form of an order to show cause, requiring the licensee to show cause before the City Council why the license should not be suspended or revoked. The notice or order shall set forth the grounds upon which the proposed action is based. The notice or order shall be in writing, sent to the licensee at least thirty (30) days prior to the hearing by personal delivery or by certified mail, return receipt requested, addressed to the licensee at the address listed in the license application, or any more recent address furnished to the City by the licensee.

• b. Subpoena Authority. The City Council shall have the power to issue subpoenas and require the attendance of witnesses, and the production of books, papers and other pertinent evidence at the hearing.

• c. Representation. At a hearing under this section, the licensee may appear by counsel and may produce and submit any relevant evidence the licensee may desire, oral or documentary. The hearing may be continued from time to time, as the City Council deems necessary and appropriate. In the event of revocation, except in the case of revocation due to a determination that the license has been abandoned, no new license shall be issued to the licensee. Failure of the licensee or the licensee's representative to appear, after receiving proper notice, at the hearing shall be deemed a failure to show cause why the license should not be suspended or revoked.

• d. Adverse Impacts on Surrounding Properties. Where the ground for considering suspension or revocation of the license is based on subsection 18-11.24 e or subsection 18-11.24 f, and the City Council determines that cause exists for suspending or revoking the license on such basis, then the licensee may submit a written plan to the City Council specifying mechanisms and procedures that the licensee proposes to undertake to address and alleviate the impacts that give rise to the basis for suspension or revocation of the license. If, upon review and consideration of said plan, the City Council determines that the mechanisms and procedures contained in the plan will effectively and sufficiently minimize the impact concerning which the suspension or revocation action was brought, the City Council will refrain from suspending or revoking the license, subject to implementation by the licensee of the mechanisms and procedures contained in said plan.

• e. City Council Decision. At the conclusion of the hearing, the City Council may, by majority vote, suspend or revoke the license. The City Council shall render its decision, accompanied by written findings upon which the decision is based, within ten (10) days after the hearing is concluded. The City Council's decision shall be final.

• f. Notice of Decisions. The City Administrator shall notify the licensee in writing of the City Council's decision and reasons therefor. Suspension or revocation of the license shall be effective immediately after notice of a decision to suspend or revoke is given.

No licensee shall operate or use a game room or game table, or manage, conduct or carry on any business or activity otherwise permitted by this section during any time that the license issued by the City of Albany is suspended or revoked.