Bell Municipal Code Art. III Pointholders

A. Applications. Persons wishing to become pointholders, shall file an application therefor with the CAO on a form approved by the CAO. Each such application shall be accompanied by that person's full financial statement and that person's personal and business history, if a natural person.

B. Fees. Each such application shall be accompanied by a nonrefundable filing and processing fee, in an amount set from time to time by city council resolution.

C. Photos—Fingerprints. The application shall be accompanied by the applicant's photograph and fingerprints taken by the chief.

D. Investigation—Report. The chief shall investigate such person and shall report the results of such investigation to the CAO, who shall transmit the chief's report to the city council with a recommendation for the approval, conditional approval or denial of such application.

E. City Council Action. The city council after hearing shall approve or conditionally approve an application to become a pointholder unless it finds any of the following facts to be present:

1. The applicant has been convicted of any crime involving moral turpitude, including, but not limited to, the crimes of bookmaking, loan sharking or illegal gambling activities; or

2. The applicant is not a person of good character, integrity and honesty; or

3. The applicant has made any false statement in the application or as to any other information presented as part of the application process.

F. Approval by Attorney General. No application for pointholder status shall be submitted to the city council for approval until the applicant has received approval from the Attorney General of the State pursuant to the Gaming Registration Act.

G. City Council Decision. The city council's decision on such applications shall be final and conclusive.

(Prior code § 4233; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

No ownership interest in a card club shall be acquired, transferred or assigned without prior city council approval pursuant to the provisions of this chapter.

(Prior code § 4234; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Pointholder approval, when lawfully granted pursuant to this chapter, shall remain in effect until surrendered, or an order of divestiture is issued, pursuant to the provisions of this chapter.

(Prior code § 4234; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

The chief of police shall periodically update background investigations as to pointholders as deemed necessary by the chief.

(Prior code § 4235; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

A. Revocation. The approval of pointholder status shall be revoked by the city council after the conduct of a noticed hearing, held not less than 30 days after notice of such hearing has been given to the pointholder, if the city council finds as a result of evidence adduced at such hearing that:

1. The Attorney General of the State has revoked a pointholder's registration under the Gaming Registration Act; or

2. The pointholder has violated, or permitted, allowed, or caused the violation of any provision of this chapter, or of any regulation issued pursuant to this chapter, or of any condition of approval imposed upon the issuance of the card club license, or of any applicable law; or

3. The pointholder has made any fraudulent statement as to a material fact on an application made pursuant to this chapter or as to any other information presented as part of the application process; or

4. The pointholder has committed any act which would have constituted grounds for the denial of approval pursuant to the provisions of this chapter.

B. City Council Decision. The decision of the city council to issue an order of divestiture shall be final and conclusive.

C. Divestiture. Where approval of pointholder status has been revoked, all of that pointholder's ownership interests shall be divested by such person within not to exceed 120 days after issuance of the order of divestiture. Failure to timely divest shall constitute a separate and distinct daily violation of this section. The city attorney, at the direction of the city council, shall invoke appropriate civil and/or criminal remedies to enforce compliance with an order of divestiture.

D. Transfer Upon Divestiture. No person required to divest his or her ownership interests in a card club shall transfer such ownership interest to any person, including, but not limited to, his or her spouse, child, sibling, or parent or to his or her spouse's child, sibling or parent without the prior approval of the city council, obtained pursuant to this chapter.

(Prior code § 4236; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)