Bell Municipal Code Art. I General Provisions

For the purpose of this chapter, the words and phrases hereinafter set forth shall have the following meanings ascribed to them unless the context clearly requires to the contrary:

"Accessory uses"

means those accessory uses which are permitted to be conducted in conjunction with, and as a part of, a card club operation.

"Annual taxes"

means an annual tax levied pursuant to the provisions of this chapter on a licensee which tax shall be paid in advance, on or before the first day of each calendar year.

"Applicable law"

means valid federal or state statutes or lawful regulations issued pursuant thereto, ordinances and penal resolutions adopted by the city council of city, including, but not limited to, the provisions of this code, and rules issued pursuant to this chapter.

"Applicant"

means any person who has filed an application seeking the issuance by the city council of a card club license.

"Application"

means a written application filed by an applicant for the purpose of seeking the issuance of a card club license.

"Bookmaking"

means the act of accepting illegal bets on any event, with or without odds, by any person, other than wagering activities expressly permitted pursuant to applicable law.

"CAO"

means the chief administrative officer of the city.

"Card club"

means a business or enterprise licensed under the provisions of this chapter to conduct the playing of games.

"Chapter"

means this chapter of the code.

"Chief"

means the chief of police of the city.

"City"

means the City of Bell.

"City council"

means the city council of the City of Bell.

"Code"

means the Bell Municipal Code, including the Bell Zoning Ordinance.

"Commence"

means and includes commence, begin, initiate, start, open and establish.

"Conduct"

means and includes conduct, transact, maintain, prosecute, practice, manage, operate and carry on.

"Consultant"

means a person other than an employee who pursuant to contract, provides an on-going service at the site, directly relating to the conduct of gaming at a card club to a licensee.

"Conviction" or "convicted"

shall be defined as set forth in the Gaming Registration Act.

"Deposit"

means a cash deposit required pursuant to the provisions of this chapter to insure the payment of taxes.

"Employee"

means a person who is employed by a licensee to perform personal services for such licensee, which person shall have, at all times, in full force and effect a work permit.

"Filing and processing fee" or "fee"

means a filling and processing fee imposed by the provisions of this chapter, and/or a city council resolution, to be used for the purpose of reimbursing the city for its costs of administration of the provisions of this chapter, as to the matter to which the fee relates.

"Game"

means any game permitted to be played at a card club pursuant to applicable laws.

"Gaming"

means the act of conducting games at a card club.

"Gaming Registration Act"

means Section 19800 et seq., of the Business and Professional Code of the State of California, as it now exists or may hereafter be lawfully amended.

"Gross receipts"

means and includes the total amount received by a licensee in the form of cash, credit, checks or warrants derived from all the gaming operations conducted by the licensee, including, but not limited to, seat or space rentals charged and received by a licensee for the privilege of allowing a patron to participate in a game. No deduction from gross receipts shall be allowed for any purpose, including, but not limited to, any charge, cost or expense incurred by the licensee in the conduct of a card club.

"Gross receipts tax"

means a tax levied pursuant to this chapter, based upon the gross receipts received by a licensee for a fixed period of time; the amount of such tax shall be expressed in a percentage of gross receipts.

"Illegal wagering"

means any act by any person of placing a bet on any event or occurrence contrary to the provisions of applicable law.

"Initial tax"

means an initial tax levied pursuant to Section 5.28.250 of this chapter.

"Jackpot game"

means a jackpot game conducted by licensee at a card club, which is conducted in accordance with the provisions of this chapter.

"License"

means a license issued by the city council pursuant to this chapter, allowing the operation of a card club.

"Licensee"

means the holder of a license.

"Loan sharking"

means a transaction by which one person loans money to another person in return for which the debtor is required to repay the principal loan together with interest and/or points at a rate which constitutes usury.

"Notice"

means written notice given by one party to one or more other parties pursuant to the provisions of this chapter. Notice shall be given by deposit of the same in the custody of the United States Postal Service, postage prepaid addressed to the person to be notified at that person's last known address or delivery of such notice by personal service of the same in the manner required in civil actions; notice shall be deemed, for all purposes, to have been given as of the date of the personal service upon the person to be notified, or, on the second consecutive calendar day following the deposit of the same in the custody of the United State Postal Service or its successor.

"Penalties"

means penalties imposed upon a licensee for the failure of such licensee to timely pay a tax to the city.

"Player"

means a person who engages in a game conducted at a card club by a licensee, who pays a stated charge or fee for the privilege of participating in such game to the licensee.

"Players bank"

means a depository conducted by a licensee for the purpose and convenience of the patrons of the licensee.

"Playing cards" or "card games"

means the playing of a game at a card club.

"Pointholder"

means any person having an interest in the ownership of a card club, whether legal, equitable, or of whatsoever kind or character, including, but not limited to, trust beneficiaries, a general or limited partner or stockholders of a corporation to whom a license is issued.

"Security"

means a form of security authorized pursuant to the provisions of this chapter, and approved as to form by the CAO, which is used in lieu of a deposit to guarantee the payment of taxes when due by a licensee.

"Site"

means the site of a card club approved as such by the city council. A site shall include one or more contiguous lots utilized for the purpose of a card club operation.

"State"

means the State of California.

"Statement" or "statement of gross receipts"

means a monthly statement required to be filed by a licensee with the city pursuant to the provisions of this chapter.

"Table"

means a table at which a game is played having seats only for players and a dealer.

"Tax" or "taxes"

means a business license tax, in the form of an annual tax or monthly gross receipts tax, levied pursuant to the provisions of this chapter.

"Tournament"

means a tournament permitted to be conducted by a licensee at a card club, which is conducted in accordance with the provisions of this chapter.

"Work permit"

means a work permit issued pursuant to the provisions of this chapter to allow a person to become an employee of a licensee.

"Work permit-corporate officer," "work permit-managing employee" or "work permit-consultant"

means a work permit issued pursuant to the provisions of this chapter, allowing such person to serve as a corporate officer of a corporate licensee, or a managing employee of a licensee or a consultant to a licensee.

(Prior code § 4220(a); Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Whenever an act is required pursuant to the provisions of this chapter by the chief or the CAO, the chief or the CAO may designate a qualified person to act as a deputy for the purpose of performing such act.

(Prior code § 4220(c); Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

A. The hearing body or officer, as to any hearing required pursuant to this chapter, need not observe the strict rules of evidence applicable to a judicial proceeding, but such officer or body shall observe the substance of the rules of evidence applicable to judicial proceedings to the end that the matter can be resolved based upon accurate, relevant and competent evidence.

B. Designation of Hearing Officer.

1. Disqualification of Chief or CAO. When any function or duty imposed upon the CAO or the chief pursuant to this chapter, which, in the opinion of the city attorney, the chief and/or CAO is disqualified from performing, such function or duty shall be performed by a qualified person designated for such purpose by the city attorney.

2. City Council Conflict.

a. City Attorney Determination. If, on any matter which requires city council action, pursuant to the provisions of this chapter, the city attorney determines that conflict of interest or disqualification exists as to a majority of the city council members with regard to such matter, the city council shall be deemed disqualified and the city attorney shall refer the matter to a hearing officer for a final determination.

b. Action by Hearing Officer. A hearing officer appointed pursuant to this section shall act upon the matter so referred in the place and stead of the city council. Such hearing officer shall be an independent qualified person who shall be designated to act as such hearing officer by the then presiding judge of the superior court of the County of Los Angeles. The hearing officer shall be compensated for such services in an amount, as suggested by the presiding judge.

(Prior code §§ 4263, 4277.1; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Whenever a license or a work permit has been suspended pursuant to the provisions of this chapter, no further activity at the card club by the holder of such license or work permit shall be authorized unless and until the license or work permit is reinstated.

(Prior code § 4220(b); Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

All applications, personal history statements, and financial statements and related information filed by a licensee, pointholder or card club employee shall be confidential to the extent permitted by applicable laws.

(Prior code § 4262; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Any document required to be filed with city pursuant to this chapter, shall be made with a verification substantially as follows:

(Prior code § 4220(f); Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Each licensee shall designate an agent who shall be authorized to accept service for a licensee of any written notice given pursuant to the provisions of this chapter.

(Prior code § 4277.2; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

A. Any licensee who fails to pay a tax when due pursuant to the provisions of this chapter shall be responsible and liable to the city, in addition to the principal sum due as and for the amount of the tax, to penalties in the amount of 10% of the principal sum due as and for such tax, per calendar month to a maximum of 100% of the tax due; and, thereafter, such licensee shall be responsible to pay to the city as and for interest on the principal sum due as and for such tax and accrued penalties.

B. Interest. Whenever any sum is due to the city pursuant to the provisions of this chapter, the debtor shall be responsible to pay to the city interest thereon. The interest rate which shall be paid to the city by the debtor shall be that rate then provided by statute for judgments entered by a court of record of this state.

(Prior code § 4220(d), (e); Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Each licensee shall be liable for any and all violations of applicable laws, including all conditions of approval imposed upon the issuance of a license, and rules issued pursuant to this chapter, including any violations of this chapter, by an employee of such licensee.

(Prior code § 4261; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

A. Violations of this chapter, including any rules issued pursuant thereto, shall be punishable as follows:

1. As a misdemeanor, prosecutable by the city attorney or the district attorney, and punishable by imprisonment for a period not to exceed six months in jail and/or by a fine not to exceed $500; and/or

2. By suspension or revocation, as specified in this chapter.

B. Such penalties shall be cumulative and may be imposed for each violation. Each day a violation takes place shall constitute a separate offense.

(Prior code § 4276; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

The provisions of this chapter providing for the payment of license fees, and the provisions allowing the licensing of card games within the city, shall not be severable one from the other. Should the requirements of this chapter relating to the payment of license fees, as set forth in this chapter 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, and the licenses issued pursuant to this chapter shall likewise become null and void, and the playing of card games within the city shall thereupon become unlawful to the same extent as such playing was unlawful prior to the adoption of this chapter.

(Prior code § 4277; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)