Bell Municipal Code Art. VI Removal or Exclusion of Persons

A. A licensee may remove any person from the site licensed for use as a card club if, on the site, that person:

1. Engages in disorderly conduct, as defined in Section 647 of the Penal Code of the State; or

2. Is under the influence of any intoxicating liquor or drug; or

3. Is mentally incapacitated to the extent that such person cannot care for him or herself or control his or her actions; or

4. Is boisterous, or is otherwise offensive to other persons; or

5. Commits any public offense.

B. Except as provided in Section 5.28.620, removal of a person from the site pursuant to this section carries no presumption that the person is within the class of persons defined as "undesirable persons" in Section 5.28.620 of this code.

(Prior code § 4265; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

A licensee may exclude from all, or any portion of the site, any person who is determined to be "undesirable" within the meaning of this section. For the purposes of this section, the following persons shall be deemed to be "undesirable":

A. Illegal Acts. Persons who have engaged in any act of, or who have been convicted of, bookmaking, loan sharking or illegal wagering; or

B. Prohibited Acts. Persons who have engaged in acts prohibited by Section 5.28.690 of this chapter; or

C. Conviction of Prohibited Acts. Persons who have been convicted of bookmaking, illegal wagering and loan sharking in violation of Section 5.28.690 of this chapter; or

D. Acts of Removal. Persons who have been removed from the premises pursuant to Section 5.28.610 of this chapter, on more than three occasions during any consecutive three-year period; or

E. Persons whose presence is inimical to the interests of the licensee.

(Prior code § 4266; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

The licensee shall, in writing, inform any person excluded from the site of the reason for the exclusion, and shall notify such person of the provisions of this chapter. Notification shall include a copy of the order of exclusion and a copy of Sections 5.28.610 through 5.28.690, inclusive, of this chapter. The licensee shall immediately notify the chief of the name of any person excluded, the reason for the exclusion, and provide such other information the chief may require.

(Prior code § 4267; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Any person excluded from the site may file a written appeal with the CAO for a review of the question of whether he or she is within any of the classes of persons who may be excluded from the premises pursuant to this chapter. The appeal shall clearly identify the appellant and shall briefly state the circumstances of the exclusion and the grounds upon which the appellant contends the exclusion was improper. The appeal shall be filed within 10 consecutive calendar days after the notice of the order of exclusion is given, and shall be accompanied by a filing and processing fee in an amount set by resolution of the city council. Such person shall continue to be excluded from the site pending the hearing officer's determination as provided in this chapter.

(Prior code § 4268; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

A. Notice of Hearing.

1. Upon receiving a timely filed written appeal pursuant to Section 5.28.640 of this chapter, the CAO shall set the matter for hearing before a hearing officer designated as such by the CAO. The hearing officer shall be an attorney licensed to practice in the State of California, or a retired municipal, superior or appellate court judge.

2. Such hearing shall be scheduled at the hearing officer's convenience, but in no event shall be held more than 60 days after receipt by the CAO of the appeal.

3. The CAO shall inform the appellant, the licensee and any other interested person in writing of the date, time and place of the hearing at least 10 days prior to the date of the hearing.

B. Waiver of Hearing. If an applicant fails to appear at the time and place set for hearing, the hearing officer may continue the matter to a specific time and date, and by letter, advise the appellant that a second unexcused nonappearance will result in the hearing being held without the appellant's presence, and that the appellant will be bound by the decision made by the hearing officer.

C. Appearance and Evidence at Hearing. At the hearing the appellant shall be entitled to appear in person and/or through counsel, and present competent relevant evidence with which to resolve the issues presented. The burden of proof shall be on the licensee to establish that the appellant is within one of the classes of persons who may be excluded from the site pursuant to Section 5.28.630 of this chapter. The appellant, prior to the hearing, may file a written answer or statement in which he or she may respond to any point at issue.

(Prior code §§ 4269—4271; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

Upon conclusion of the hearing, the hearing officer shall determine whether or not the order of exclusion was properly issued. If the hearing officer finds that such order is proper, the hearing officer shall reissue the same and cause it to be served upon the applicant. If the hearing officer finds the order was improperly issued, the licensee shall withdraw the same. The determination of the hearing officer shall be final and conclusive.

(Prior code § 4272; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)

No person named in a final order of exclusion shall fail to comply with the terms of such order. A final order of exclusion shall be enforceable by the licensee by means of a civil judicial proceeding.

(Prior code § 4273; Ord. 1089 § 1, 1993; Ord. 1091 § 1, 1993)