California City Municipal Code Art. 5 Experimental Gaming Act

This Article regulates gambling within the City as permitted by the People's Experimental Gaming Act, herein "Gaming Act". No person shall gamble, permit or encourage gambling prior to the passage of the Gaming Act, except in compliance with state law. No person shall gamble, permit or encourage gambling after the passage of the Gaming Act except in compliance with the Gaming Act, this Article, and State law.

Unless otherwise apparent from context, the following terms are defined for the purposes of this Article:

(a) "Gaming" or "gambling" means acts, games and contrivances by which one risks money or other things of value on a contest or chance of any kind.

(b) "Casino" means a place where gaming is permitted by the City.

(c) "License" means the authority to operate a casino evidenced by a document issued by the City pursuant to this Article.

(a) No person shall gamble except at a duly licensed casino.

(b) No person shall own or operate a casino without a valid and subsisting license secured in accordance with this Article.

(c) Violation of this section is a misdemeanor and a public nuisance.

This Article sets forth the requirements for filing an application for a license. No application for a license shall be filed or received except in compliance with this Article.

(a) Any person desiring to own or operate a casino shall submit a written application for a license with the City Clerk, under oath, setting forth the following information:

(1) Applicant's name, age, sex, present address, and addresses of all residences and descriptions of all occupations and businesses for the past five (5) years;

(2) The name of the owner of the premises where the casino is to be operated and the name of his authorized agent, if any;

(3) The names, ages, addresses, occupations and businesses for the past five (5) years of persons having an interest, directly or indirectly, in applicant's business, whether as partners, directors, officers, joint ventures, lessees, holders of 10% or more of the stock, controlling persons, and the proposed casino operator.

(b) A licensee may request renewal of a license making an application as set forth in this Article.

An application fee shall be paid when the application is filed in an amount established by resolution of the City Council.

The City Clerk shall forthwith transmit the application under this Article to the Office of the Chief of Police for investigation and report. The application and report shall be presented for presentation to the City Council with the Chief's report.

The City Council shall conduct a public hearing with at least two weeks' prior published and posted notice to consider each application for a license. The applicant shall be present and may present testimony under oath and documentary evidence. Any interested person may also present testimony under oath and documentary evidence.

The City Council shall adopt written findings and a decision for each application within thirty (30) days after the public hearing on the application. Approved licenses shall comply with the requirements of this Article.

(a) Each licensee and all persons identified in the application shall be of good moral character.

(b) Each license shall be subject to at least the following requirements:

(1) Licenses are valid for a period of one year from the date of issuance.

(2) Except as provided below, a license shall not be transferred to any other party without the consent of the Council.

(3) A license may be transferred by operation of law to a receiver or assignee for benefit of creditor or to an executor, administrator, guardian, heir or devisee. Before continuing business, such receiver, assignee, guardian, administrator, executor, heir or devisee shall file a statement with the City Clerk addressed to the Council setting forth the facts and circumstances showing such person is the lawful successor to the rights of the licensee.

(a) A license issued under this Article may be revoked or suspended on the following grounds:

(1) Material misstatement of fact in the application;

(2) Failure to satisfy license conditions;

(3) The licensee's conviction of a serious crime of moral turpitude;

(4) Attempt to transfer without permission of the City;

(5) Failure to pay fees in a timely manner; or

(6) Failure to comply with any provision of this Article.

(b) The City Manager shall provide the licensee of written notice setting forth the grounds for revocation or suspension and giving the licensee at least 30 days opportunity to respond. The City Manager shall consider the licensee's response (or lack of response) before taking action.

(c) The licensee may appeal the City Manager's decision to the City Council by filing a written notice of appeal within 10 days of the City Manager's decision. The City Council shall conduct a public hearing to consider an appeal by the licensee. The City Council shall use administrative rules of evidence. The decision of the City Council shall be final.

Operating or owning a casino without a license is a public nuisance. The City Attorney shall abate such nuisance.

If any provision of this Article is held to be unenforceable by a court of competent jurisdiction, any license issued pursuant to this Article shall be suspended until a lawful measure is enacted.