Part 2

A cardroom license shall be issued to one (1) or more individual human beings only, not corporations or fictitious business names for instance; and in this context “applicant” and “licensee” mean such human beings.

Every applicant for a new or renewed license shall sign and verify the written application to the Danville Police Department. Any application, not yet finally acted on by the first anniversary of its filing with the Danville Police Department expires.

The application shall contain the following information on the applicant(s) and all persons financially interested in the business, including those who share in the earnings or profits and all creditors and mortgagees:

• a. True names and addresses;

• b. Criminal records, if any, including arrests as well as convictions;

• c. Fingerprints and photographs; and

• d. Any other information required by the Danville Police Department for their investigation.

The application shall be accompanied by an application fee of five hundred ($500.00) dollars.

a. Report . The Danville Police Department shall investigate the application and report thereon to the Town Council, including a recommendation for approval or disapproval of the application, with reasons.

b. Fee Uses . The Police Department may use as much of the application fee as required to perform their duties hereunder, accounting therefor in the report. If the Town Council disapproves the application, the application fee, minus costs of investigation and publication of notice, shall be returned to the applicant.

• a. Set Hearing . The Police Department shall arrange for a hearing on the application before the Town Council.

b. Notice . The Police Department shall notify the applicant and the public concerning the application, the games played as regulated by ordinance, and the time and place of the public hearing before the Town Council for interested persons to protest the issuance of the license.

c. Posting . For ten (10) days before the hearing, the Danville Police Department shall have a copy of this notice posted conspicuously in front of the proposed premises, and two (2) additional copies posted conspicuously within five hundred (500’) feet of the premises.

a. General . At the hearing the Council shall consider the Police Department’s report and any other evidence presented concerning the proposed license.

b. Applicant’s Burden . The applicant has the burden of overcoming any adverse recommendations in the Police Department’s report and of presenting all evidence needed to sustain the Council’s findings in approving the license.

The Town Council may approve the application, and order the Police Department to grant the license, only if it finds these facts to be true:

a. That the applicant and all persons financially interested in the cardroom are of good moral character and that none has been convicted of a felony, or of a misdemeanor involving theft or fraud or other dishonesty;

b. That the premises are not near a school or playground, or recreational facility frequented by minors, and that the cardroom will not be detrimental to the welfare of minors;

c. That the design or location of the proposed cardroom will not hinder law enforcement officials in surveillance of cardroom activities, or in enforcement of this section or of State laws regulating gambling;

d. That the proposed cardroom will conform with the character of other land uses in the vicinity and will not be detrimental to the health, safety, and general welfare of, or create a nuisance or law enforcement problems within, the neighborhood or community; and

• e. That all requirements of this section have been satisfied.

The Town Council may require that the license be conditioned, as necessary to effectuate this section, including conditions as to:

• a. Location, design, and lighting of cardroom, and number of tables;

• b. Hours of operation;

• c. Parking location, design and conditions; and

• d. Related business on the premises.

a. Fee . If the Town Council approves the application and orders the Police Department to issue the license, the applicant shall pay to the Department an annual, nonrefundable, license fee of five hundred ($500.00) dollars per table. The Police Department and applicant may prorate this table fee to cover the remaining period of the cardroom license.

b. Certificate . The Police Department shall then issue the applicant a certificate of the license, suitable for display. The applicant shall conspicuously display this in the cardroom at all times.

c. Duration . The license is effective until revoked or suspended or until the licensee fails to have it renewed.

d. Disuse Voids . A license becomes void upon a three hundred (300) day absence or suspension of operations allowed by it, regardless of the reason therefor; except that the Town Council may, during the three hundred (300) days or extension(s), extend the time by increments of not more than one hundred (100) more days for good cause shown.

a. The Police Department shall notify each licensee at least seventy (70) days before the license expiration date.

b. Nevertheless, a licensee desiring to have his license renewed, shall apply therefor sufficiently (at least sixty (60) days) in advance of its expiration date (anniversary of issuance) to allow its processing as a new application before the expiration of the license sought to be renewed. A renewal application shall otherwise be handled with the same processing, fees, approval, or disapproval, etc., as if it were a wholly new application.

c. Form and Procedure .

1. The Police Department shall provide a form of verified application or designate such information as they require, which can be in the form of a verified statement that there has been no change (or only specified changes) in the latest

information in the Police Department’s file.

2. The renewal application shall be processed as an original application, but the Police Department may omit or simplify procedures they deem unnecessary in each case, such as posting notices in the neighborhood. The Police Department shall recommend renewal or nonrenewal to the Council, and shall schedule a hearing thereon before the Council only if important evidence needs to be presented thereat; and the Council shall order the renewal or nonrenewal.

3. Renewal is considered normal in the absence of complaints about deviations from the provisions of this section involving the cardroom, licensee, or anyone associated with its business or operation. If the Council approves the renewal, the Police Department shall note on the license certificate that it is a renewal. A renewed license is otherwise subject to all the provisions of this section concerning cardroom licenses, and may itself be renewed.

a. General . The Town Council may allow a cardroom license that has been continuously valid since January 1, 1976, to be transferred to another licensee. This transferability is entirely subject to the Police Department’s prior approval (as to all the requirements of this section) of the transferee as though he were a new applicant; it does not create any right in any license (as either a prospective transferor or prospective transferee) which can be reached by or transferred or assigned to a creditor, spouse, heir, or otherwise, but is at most a mere contingent expectancy wholly dependent on prior official approval and on compliance with all the requirements of this section (including future amendments).

b. Procedure . An application for transfer shall follow the procedure for other license applications, including the application fee, investigation, report, notice, hearing, findings and conditions.

c. New License; Fee . If the transfer is approved, the new license is for the remainder of the one (1) year life of the former license, and no license fee is due but a transfer fee of one thousand ($1,000.00) dollars is payable before the new license issues.

d. Transfer Defined . “Transfer” shall mean any change required by this section in the information on the application or license or in any other disclosure, concerning the identity of any licensee (except name changes caused by marriage or dissolution) or the location, ownership or character of the premises. It includes the addition of one (1) or more names to the license, whether or not already named licensee(s) remains(s).