Part 5 — Miscellaneous Provisions

In addition to the indemnity requirement set forth in subsection 8-11.17, the licensee and licensee's successors, heirs, and assigns, shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action or proceedings against the City, its agents, officers or employees arising out of or resulting from the negligence of the licensee or the licensee's agents, employees, or contractors in the construction or operation of a gaming facility.

The City Council finds that the gaming industry is a highly regulated and controlled industry due to the nature of its operations, the amount of money amassed, and the fears and perceptions that some elements in the industry may use such funds to incur political debts from legislators who are aided by their contributions. In order to eliminate the appearance of impropriety and corruption associated with such contributions, the City Council hereby determines that it shall be unlawful for any corporation, partnership or other legal entity licensed under this section, or the licensee's employee's or agents, or any pointholder, to make or cause to be made, either directly or indirectly, any monetary contributions to any elected official of the City, any candidate seeking elected office within the City, or any candidate seeking an elected office who held an elected position within the City of Albany during the time in which the licensee was doing business in the City or the gaming facility permitted under the license was operating, or to their respective campaign organizations.

Licensee, any owner, employee, or pointholder as described herein, or any agent thereof, either directly or indirectly, shall disclose the payment to any City of Albany elected official, employee of the City of Albany, any consultant or agent of the City of Albany, any former employee or former City Council member or elected official who served the City of Albany within the last eight (8) years, any commission member or committee member, present or former, within the last eight (8) years prior to application for the license. City shall deliver a list of persons to the licensee informing the licensee of those persons who City determines are covered by this provision. Said requirement to disclose includes disclosure of the payment of one hundred ($100.00) dollars or its economic equivalent in any calendar year. Said disclosure shall be made within thirty (30) days of the time of such payment for any payment made after issuance of the license and receipt by the licensee of the list of persons provided by the City, and shall include the amounts of money so paid. A payment of one hundred ($100.00) dollars or more shall include any monies or other items of value which have been given, promised, provided to, paid as salary or compensation, or otherwise transferred or directed to, either indirectly or directly, to those persons designated herein. Failure to disclose such information shall constitute grounds for suspension and/or revocation of a permit or license.

It shall be unlawful and a conflict of interest for any City Council member, City employee or City official to directly or indirectly own, operate or have any interest, legal or equitable, in any gaming room facility licensed under this section. It shall be unlawful for any City Council member, City employee or City official to directly or indirectly conduct business with or be employed in any manner whatever by a person or entity licensed under this section.

It shall be unlawful for licensee, any pointholder, or management or other employee of licensee to enter into any agreement, arrangement or other financial contract with any City Council member, City employee, or City official by which those person(s) directly or indirectly own, operate, or have any interests, legal or equitable, in any gaming room facility licensed under this section.

The provisions of this section providing for the payment of business license taxes are not severable. Should any law enacted after the date of adoption of this section have the effect of depriving the City of Albany in any manner of receiving payment of all or any portion of the business license tax payable under this section, then the passage of such law shall be grounds for revocation or suspension of any license issued pursuant to this section, subject to any amortization required by applicable law. Should the requirements of this section relating to the payment of business license taxes 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 section in its entirety shall thereupon become null and void, any licenses issued pursuant to this section 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 was unlawful prior to the adoption of this section. Should any nonfinal judicial ruling or order of a court of competent jurisdiction have the effect of depriving the City of Albany in any manner of receiving payment of all or any portion of the business license tax payable under this section, then any licenses issued pursuant to this section shall be automatically suspended until such ruling or order is stayed, lifted, dissolved, or overturned.

Except as provided immediately hereinabove with respect to business license tax payments to the City, if any remaining section, subsection, paragraph, sentence, clause or phrase of this section 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 people hereby declare that, they would have passed this section and each subsection, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid.

Any action or proceeding challenging the constitutionality or validity of this section shall be brought within sixty (60) days following its adoption, according to the limitations period and procedures set forth in Chapter 9 of Title 10 of Part 2 of the Code of Civil Procedure (commencing with Section 860). No challenge to the constitutionality or validity of this section shall be made other than within the time and manner therein specified.

Any action by any person to attack, review, set aside, annul, or void any action or decision rendered hereunder shall not be maintained by any person unless such action or proceeding is commenced within ninety (90) days after the date of final decision or action is made or taken hereunder. If any action or proceeding is instituted by someone challenging an approval to grant a license or registration, or challenging the validity of any action taken under the provisions of these regulations, or any decision taken or made hereunder, the licensee shall reimburse the City of Albany for all costs and fees in defense of such action or proceedings.

Any action or proceeding to attack, or review, set aside, void or null a determination, finding, or any decision of the City of Albany made as a result of proceedings in which a hearing was required to be given, information or evidence required to be taken in discretion of the termination of facts vested in the City of Albany, on the grounds of noncompliance with the provisions of this section, shall be in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure. In any such action, the court shall only determine whether the act or decision is supported by substantial evidence in light of the whole record, except to the extent the court determines that the provisions of 1094.5 (c) of the Code of Civil Procedure for the exercise of its independent judgment on the evidence applies.

Amendment or modification of the provisions of subsection 8-11.3 or subsection 8-11.4 of this section shall require an affirmative vote by a majority of the voters voting in a election within the City of Albany. The provisions of subsection 8-11.15, subsection 8-11.24 or subsection 8-11.41 of this section shall require an affirmative vote of a super majority of the City Council. Except as otherwise provided in this subsection 8-11.57, the people of the City of Albany so grant to the City Council, and the City Council reserves the right, to amend or modify the provisions of this section without the necessity of voter approval.

§ 8-12 BICYCLES

It shall be unlawful for any person to oppose, impede or interfere with any officer of the City in the execution of his duties under any provisions of this Code or other ordinance of the City.

Every owner, operator, lessee or other person in charge of any apartment house, hotel or any structure of any kind heretofore or hereafter constructed or any occupant thereof who becomes aware of any fire or smoldering combustion of an unwarranted or insidious nature which is not confined within equipment designed for fire or which is a hazard to the apartment house, hotel, or any other structure of any kind shall report the matter without delay to the local Fire Department.

It is unlawful for any person to violate or cause or permit another person to violate any provisions of this section.

Any person who violates any of the provisions of this section is guilty of a misdemeanor.