Isleton Municipal Code Ch. 4.04 Licensing of Certain Businesses and Trades

A. Person shall mean all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trusts, societies, and individuals transacting and carrying on any business in the city, other than as an employee.

B. Business shall include professions, trades, and occupations and all and every kind of calling whether or not carried on for profit specifically covered by the following sections of this chapter.

(Ord. No. 178)

This chapter is enacted primarily for the regulation of those businesses covered hereby, it being necessary by the city council for the protection of the health, safety, and welfare and morals of the people of the city.

(Ord. No. 178)

There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this chapter license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from said city so to do or without complying with any and all applicable provisions of this chapter.

(Ord. No. 178)

A. The tax and license collector shall require a verified written application for license to conduct or carry on any business required to be licensed by this chapter which application shall be accompanied by the license fee as hereinafter provided; said application shall contain such information as the tax and license collector may require the chief of police to investigate the matters set forth therein to determine the truth thereof; such application shall be presented to the city council at a regular or special meeting thereof, and at said meeting or at such subsequent meeting to which the hearing on the application is adjourned, the city council shall hear all evidence in support of and in opposition to said application and after hearing the same shall, upon majority vote of the members thereof, which vote shall be spread on the minutes of said meeting:

1. Approve said application; or

2. Approve said application and impose such reasonable conditions upon said license as the city council deems necessary to ensure the proper exercise thereof; or

3. Reject said application.

B. In the event said application is approved the tax and license collector shall issue to such person a license which shall contain:

1. The name of the person to whom the license is issued;

2. The business licensed;

3. The place where such business is to be transacted and carried on;

4. The date of the expiration of such license;

5. Such reasonable conditions, if any, imposed upon said license; and

6. Such other information as may be necessary for the enforcement of the provisions of this chapter.

C. In the event said application is denied said license fee shall be refunded.

(Ord. No. 178)

Amusements include carnival and street fairs, for each sideshow, ride or game, $2.50 per day; circuses, animal shows or other exhibitions shown in tents or other enclosures: when admission is $0.50 or over, $20.00 per day; when admission is less than $0.50, $10.00 per day; and in addition each sideshow, ride or game, $2.50 per day; moving picture theatres having a capacity of 500 or less, $7.50 per quarter, having a seating capacity of over 500, $12.50 per quarter.

(Ord. No. 178)

Astrologers include seers, palmists, mediums, fortune tellers, clairvoyants, spiritualists, or any of them, following such calling for compensation, with or without a fixed place of business in this city, $25.00 per day.

(Ord. No. 178)

Where admission is charged, $5.50 per day for each exhibition.

(Ord. No. 178)

For each table, $1.50 per quarter.

(Ord. No. 178)

Every person conducting, managing or carrying on a dancing academy or school, where no charge is made for admission and dancing is not allowed other than in classes, $10.00 per quarter.

A. For purposes of this chapter a "dancing academy" is defined to be a regularly established place of business or establishment where instructions in dancing, or dancing lessons, are given or taught and a charge or fee for such instructions or lessons is made, or paid, or received.

B. A public dance where dances are held one, two, or three nights per week, $24.00 per quarter when floor area does not exceed 3,000 square feet, $30.00 per quarter when floor area exceeds 3,000 square feet and less than 7,000 square feet and $60.00 per quarter when floor area exceeds 7,000 square feet.

C. Where dances are held four nights or more per week, $50.00 per quarter when floor area is less than 3,000 square feet, $70.00 per quarter when area is more than 3,000 and less than 7,000 square feet, and $100.00 per quarter when floor exceeds 7,000 square feet.

D. An occasional public dance, $6.00 per day.

E. A license or a transfer thereof shall not issue for any dance or dancing, unless the person, firm, corporation or association or club applying therefor has first obtained a permit from the city council.

F. Conducting a dance or dancing at any place where alcoholic liquors are licensed to be sold or at which alcoholic liquors are dispensed, sold, served or given away, $120.00 per year in addition to any other license provided therein, payable semi-annually on January 1 and July 1 of each year; provided, however, that any person otherwise licensed herein to conduct any kind of dance or dancing, shall pay only the highest license.

(Ord. No. 178)

Hotels where no meals are served, $5.00 per quarter; hotels where meals are served, $42.50 per quarter; public rooming and lodging houses: for each guest, $0.50 per year; apartment houses of over two apartments, for each room in each apartment, $0.50 per year.

(Ord. No. 178)

$0.25 per bed contained in each dormitory, in addition to the license paid for the other rooms in the building in which dormitory is located.

(Ord. No. 178)

Dormitories used as labor camp housing, $5.00 per quarter.

(Ord. No. 178)

$1.00 per unit per year; provided that as a condition to licensing motels the owner and operator thereof shall establish and maintain adequate sewage laterals for disposal of sewage into existing city sewer mains.

(Ord. No. 178)

Every merchant, hawker, peddler, vendor, street fakir, advertiser, who sells or advertises goods, wares or merchandise of any kind, patent or other medicine, of any kind, by music, singing, dancing, jugglery, tricks, sleight of hand, buffoonery, gymnastics, or by spectacular display, shows or performances, or by speeches, declamations or oratory, $25.00 per day.

(Ord. No. 178)

$6.00 per year, provided that as a condition to licensing trailer courts the owner and operator thereof shall establish and maintain adequate sewer laterals for disposal of sewage into existing city sewer mains.

(Ord. No. 178)

It shall be unlawful for any person to engage in, or carry on, or maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom or tables which are used by the public for the playing of cards, and at which money or anything of value is wagered or for the use of which a fee or compensation is charged players, without first obtaining a license from the city.

The total number of card tables permitted within the city shall not be greater than 100 card tables, the current maximum number of card tables permitted to be approved by the city council for the two licensed cardrooms existing and in business on the date that the Code becomes effective. The maximum number of card tables permitted in each licensed cardroom shall be governed by the provision of 4.04.210, but may not, under any circumstances exceed 50 tables for each licensed cardroom.

In addition, no cardroom license shall be granted by the city council when the number of cardroom licenses in the city exceeds the ratio of one cardroom for every 300 population of the city according to the last preceding federal census or special census conducted under the supervision of the department of finance of the state at the time of the application; provided that this population limitation shall not prevent the continuance of any cardroom existing and operating at the time of the passage of this chapter.

Notwithstanding any other ordinance of the city in effect upon the date that this section becomes effective, no new cardroom license shall be issued by the city Council until the city council is authorized to do so under the provisions of the Gambling Control Act and this ordinance has been amended to expressly provide procedures under which additional cardroom licenses will be approved by the city council, it being the intent of the city council to place a temporary moratorium upon the issuance of new cardroom licenses within the city until such new procedures are considered by and enacted by the city council in conformance with the requirements of the Gambling Control Act.

An applicant for a cardroom license shall submit his application to the city council. The application shall include, among other things the following:

A. The true name of the applicant, together with the names of all persons directly or indirectly interested in the conducting of said business, including all members of any firm or partnership. A corporate applicant shall list officers, directors and principle owners, including all owners of ten percent or more of the corporate stock.

B. Whether the applicant has at any time been convicted of a felony, or offense involving moral turpitude, or has been convicted of any narcotics violation or violation of any gambling laws or ordinances.

C. Whether or not any permit or license heretofore granted to applicant to engage in any business or do any act within the city has been revoked or denied, and if so, the circumstances surrounding the revocation or denial.

D. The location and description of the premises upon which the applicant proposed to conduct a cardroom, and a statement of the property interest of the applicant in the premises as owner, lessee or otherwise.

E. The number of card tables which will be operated on the premises.

F. Such further information bearing on the identity and character of the applicant or the use, location or condition of the premises as the city council may require.

The following additional information must be submitted with each application for a license:

A. The true and complete names and addresses of the owners of the cardroom club premises, and, if different, of any persons leasing or renting the premises to the cardroom premises, and a copy of the lease or other rental agreement.

B. A complete copy of all registration and re-registration applications (and exhibits) filed by the applicant and all persons who have financial interests in the applicant under the Gaming Control Act, and a copy of a current gaming and registration certificate issued to the applicant and such persons, each of which shall be declared by the registrant under penalty of perjury to be a complete copy.

C. The names, addresses, physical descriptions and birth dates of all persons who are to be employed as managers in the cardroom together with two full face photographs of 1" by 1" exact size, of each such person taken within 60 days prior to the filing of the application, in the manner and form determined by the chief of police.

The application filed above shall be made by the applicant or applicants under penalty of perjury. The chief of police or city council, or both, may request such further and additional information of the applicant, the owner of the premises in which the cardroom will be located and the lessee, if any, of the premises in which the cardroom will be located as is deemed necessary to ensure that the cardroom will be operated in a manner consistent with the law and the provisions of city ordinances and regulations.

As used herein, "manager" means anyone who represents the interest of the licensee in the operation of a cardroom whose duties include but may not be limited to: (1) the making or changing a policy; (2) approving credit; (3) hiring or firing of employees; or (4) generally exercising independent judgment in the operation of the cardroom. A manager need not have a financial interest in the cardroom. A manager must be an employee of the licensee, or if not an employee, then a person having a financial interest as a partner, a shareholder, or trustee of the cardroom (but not otherwise). Each licensed cardroom must have at least one designated manager.

A. Application fee. Each application for a cardroom license shall be accompanied by a fee in the amount of $76.00 to cover the costs incurred by the city in the preparation of the report by the chief of police and the conduct of the hearing on the application by the city council. Such fee shall not be refunded even though the application is withdrawn after it is filed. A fee in the same amount shall accompany each application for a license change filed.

B. Annual license fee. Every person engaged in operating a cardroom as defined in section 4.04.160 of this chapter shall pay an annual license fee to cover the costs incurred by the city in administering the Code and enforcing the regulations contained herein, based upon the following schedule: $125.00 per year for the first table and $60.00 per year for each additional table. The license fees shall be payable annually in advance on October 1 of each year covering the license period October 1 of each year to September 30 of the following year. License fees shall not be pro-rated, nor shall any portion of such fees be refunded should the licensee cease operations during the license period. The fees provided for herein shall be in addition to any business operation tax which is levied for any other business conducted within the licensed premises. License fees shall become delinquent if not paid within 30 days of the due date and shall be subject to a one-time penalty of ten percent of the license fee, plus interest at one and one-half percent per month from the due date until paid.

The city council shall have the right for cause to revoke or suspend any cardroom license issued hereunder. Any of the grounds upon which the city council may or shall be required to refuse to issue an initial cardroom license shall also have the right for cause to revoke or suspend any cardroom license issued hereunder. Any of the grounds upon which the city council may or shall be required to refuse to issue an initial cardroom license shall also constitute grounds for such revocation or suspension. In addition, the failure of a holder of a cardroom license to comply with the provisions of this chapter shall also constitute grounds for revocation or suspension of such license.

If, for a period of 90 days or more, any person licensed hereunder fails to maintain and operate a cardroom in accordance with the provisions of this chapter, his license shall be revoked.

A. Except as otherwise provided in this section, no transfer or assignment of any cardroom license issued by the city, nor stock in any licensed corporation, nor interest in any licensed partnership or limited liability company, nor beneficial or remainderman interest in any licensed trust nor any direct or indirect financial interest in a cardroom, will be permitted for any reason. The precluded transfers of a cardroom license include the sale, assignment, transfer or conveyance of any interest in a license or of any corporate licensee, or any right or interest therein or thereunder, nor is transfer or assignment permitted to occur by operation by law, testamentary or intestate succession, trust relationship, bankruptcy proceedings, contractual relationship, reclamation or repossession.

B. Any qualified transferor may transfer a cardroom license, the stock of a corporate licensee, a membership interest in a limited liability company licensee, a partnership interest in a partnership license to a permitted transferee of a license, and only to a permitted transferee of a license.

C. To obtain permissions for a transfer hereunder, the transferor and transferee shall file an application for transfer, similar to the application for a license, with the council, paying a nonrefundable transfer fee, in an amount established by resolution of the city council, and shall obtain the approval of the city council to the transfer. The city council shall deny the application if it determines that the proposed transferee is unqualified under section 4.04.170. The city council may deny the application if it determines that the proposed transferee has:

1. Engaged in conduct constituting or has been convicted of any of the offenses, crimes, activities prescribed in subsection B and C of section 4.04.170.

2. Failed to file with the application a complete copy of the application for license (and exhibits) filed by the transferee under the transfer, and a copy of the current licensee issued to the transferee pursuant to the Gambling Control Act, each of which shall be declared by the applicant under penalty of perjury to be a complete copy.

3. Has failed to comply with one or more provisions of this chapter, or this Code, or other laws or regulations applicable to the premises, equipment, or operation of the cardroom for which the transfer of license or financial interest therein is requested.

4. Has knowingly made one or more false statements in the application.

D. The term "transfer of a license" as used in this section shall mean the assignment, bequest, conveyance, demise, devise, gift, grant, lease, loan, sublease or transfer of a cardroom license.

E. The term "qualified transferor" as used in this section shall mean:

1. A person, partnership limited liability company or corporation holding a gambling club license.

2. A person holding stock in a corporate licensee, and/or

3. A person having a partnership interest in a partnership license.

4. A person holding a membership interest in a limited liability company.

F. A "permitted transferee" is a person, partnership, limited liability company, or corporation who has been determined to be eligible under the Gambling Control Act or the provisions of this section to hold an interest in a cardroom license in the city pursuant to the laws of the state and the ordinances of the city.

G. Any purported transfer of a cardroom license made in violation of the provisions of this section shall have no force and effect until approved by the city council in accordance with the provisions of this section. In addition, any purported transfer of a cardroom license which is made by a qualified transferor without the prior consent of the city council shall be grounds for the termination of said license by the city council unless said transfer occurs by reason of the death of qualified transferor and the transferee is the heir or devisee or trust beneficiary of the qualified transferor.

Except as hereinafter provided, no person shall operate a cardroom in violation of any of the following regulations:

A. No person shall be permitted to hold or be interested in more than one cardroom license issued by the city.

B. No more than 50 card tables shall be operated in any cardroom. Each license shall specify the maximum number of tables authorized for each cardroom. No license may operate or maintain in use more tables than the number for which the business licensee fee has been paid.

C. The maximum number of players at any card table shall be 16.

D. No person under the age of 21 shall be permitted at any card table or to participate in any game played at such a table, nor shall any card table be exposed to viewing from any other areas of the premises which are open to and frequented by persons under the age of 21. Each licensee shall post at a conspicuous place at or near each entrance to the cardroom area a clear and legible sign not less than seven by 11 inches in size, containing the following statement "NO PERSON UNDER TWENTY-ONE ALLOWED."

E. All cardrooms shall be open to police inspection during all hours of operation.

F. The city council may, by adoption of resolution, provided for the regulation of the house of rules of each cardroom. Each licensee shall post in a conspicuous place on the premises a copy of the house rules, game rules, buy-ins, wagering limits and game fee collections, and give notice that all persons will be required to comply with them.

G. No licensee, operator, manager, or employee of the license shall offer any game which is illegal under state laws.

H. All table and wagering limits shall be fixed by the gambling club in its discretion (and be posed as and if required by subsection F above) and shall comply with all federal and state laws and all ordinances of the city. No-limit and high-limit bets may be allowed in designated high-limit game areas and during authorized tournaments. In no other case shall individual bets higher than $300.00 be allowed in poker games, nor bets higher than $500.00 be allowed in California games.

I. Prior to operating more than three tables in any cardroom, a licensee must submit a physical security plan for review and approval by the city council. The plan shall include provisions for regular patrol of the building and parking areas.

J. Licensees are not prohibited from conducting cardroom operations 24 hours per day, seven days per week except in such instance in which the council specifically determines that a restriction upon the hours of operation of a cardroom is necessary to ensure that the cardroom does not adversely affect the neighborhood in which it is located.

K. Cardrooms for which new licenses are issued after July 1, 1998, or cardrooms which are relocated after July 1, 1998, must be located in a zoning district of the city which expressly authorizes such use either as a permitted use or as a conditional use. Until the city zoning ordinance is amended to designate cardroom as a permitted use or conditional use in one or more zoning districts, no cardroom may be relocated nor shall the authorized number of card tables in any existing cardroom be increased.

L. Failure to comply with the regulations under this section may be grounds for suspension or revocation of the license.

Any licensee desiring to increase the authorized number of tables within the licensed premises may file an application with the city council requesting approval to do so.

The city council may approve such application or may disapprove such application if it determines that the granting thereof would create a police problem or public nuisance or would be incompatible with existing zoning or neighborhood land uses. In addition, the city council may disapprove or conditionally approve such an application if, in its opinion, such disapproval or conditional approval is necessary to preserve the public health, safety or welfare or to prevent the creation of police problems or public nuisances in said licensed premises or upon property in the proximity of such licensed premises.

The approval of any such application by the city council shall be subject to such other requirements which are provided by law, ordinance or resolution which govern the processing of such applications and the use of the premises in which the cardroom is located.

Each application filed pursuant to this section shall be accompanied by fees in such amounts as may be prescribed by resolution or ordinance of the city council to compensate the city for all its costs and expenses in processing such application.

A. A person shall not be employed as an employee of a cardroom, unless he or she first has been issued a valid, unexpired, and unrevoked work permit and has paid to the city such application and processing fees for the issuance of said work permit as may be provided for in resolution adopted by the city council. The term "employee" for the purpose of the cardroom regulations of the city, means any natural person employed in the operation of a cardroom including, without limitation, dealers, floormen, security employees, account room personnel, cage personnel, collection personnel, surveillance personnel, data processing personnel, appropriate maintenance personnel, bartenders, waiters and waitresses, and secretaries or any other natural person whose employment duties require or authorize access to restricted gaming establishment areas, and who works in the restricted gaming establishment areas of the cardroom with or without compensation.

B. Each applicant for a work permit shall submit to the chief of police a completed, city-approved application, made under penalty of perjury, which shall contain the following information:

1. The true name, address, date of birth, physical description and telephone number of the applicant;

2. The past criminal record, if any, of the applicant;

3. Fingerprints taken by the city police department;

4. Two full face photographs of one inch by one inch exact size taken within 60 days immediately preceding the date of filing of the application;

5. A written statement directed from a licensee indicating a willingness and intent to employ the applicant if the latter is issued a work permit.

6. A complete copy of the application (if any) and exhibits filed by the applicant under the Gambling Control Act and a copy of any current employee license issued to the applicant thereunder.

7. Such other information as may be requested by the chief of police.

C. The chief of police shall obtain a background check on the applicant to determine if the applicant is disqualified from holding a state gambling license.

D. The chief of police shall either grant or deny the application within 60 days of the filing thereof.

E. In determining whether or not to grant or deny the application for a work permit, the chief of police shall consider any and all objections to the issuance of the work permit made by the division of gambling control.

A work permit shall be valid for two years. It shall be renewable at the end of each second year upon filing a new application and a renewal fee, in an amount established by resolution of the city council. If an expired permit is not renewed within the 30 days after the expiration date, the filing fee for an original application shall be applicable.

Every dealer, manager, and designated responsible employee, and every person who performs any function directly connected with the operation of legal gambling in a cardroom shall keep in his or her immediate possession the valid work permit issued, and shall wear such permit as identification in a conspicuous place attached to the clothing but only while performed his or her duties for the licensee. No work permit shall be worn off the cardroom premises. The work permit is issued to the applicant, but remains the property of the city. The work permit of provisional permit shall be returned to the city police department when the work permittee's or provisional work permittee's employment is severed with the licensee. The licensee shall immediately notify the chief of police or his/her designee when the permittee's employment is severed.

A. A work permit shall be suspended by the chief of police if he or she received an order from the division of gambling control ("division"), the state gambling control commission ("commission") or the state gambling control board ("board") directing that an individual's work permit be summarily suspended.

B. A work permit shall be revoked by the chief of police if he or she receives an order from the division, the commission or the board of the state directing that an individual's work permit be revoked.

C. Work permits are subject to revocation or suspension upon a determination by the chief of police that grounds exist which would justify the denial of an application for such work permit if such application were then pending, or that the work permittee has:

1. Violated one or more provisions of this chapter;

2. Violated any statute or ordinance relating directly to the operation of the cardroom;

3. Been convicted of, or has engaged in conduct constituting an offense;

4. Done any of the following:

i. Violated any federal, state or local statute, rule or ordinance regulating gambling;

ii. Engaged in false or misleading advertising in connection with gambling;

iii. Failed to take reasonable steps to prevent any dishonest acts or illegal activities occurring on the gambling premises committed by any patron or any other person;

iv. Failed to pay any monetary penalty levied pursuant to the Gambling Control Act;

v. Denied the attorney general or chief of police access to any place within a cardroom establishment or failed to promptly produce for inspection or audit any book, record, or document requested by the attorney general or the chief of police;

vi. Failed to comply with any condition of the license or registration under the Gambling Control Act;

vii. Obtained a work permit by fraud, misrepresentation, concealment, or through inadvertence or mistake;

viii. Made a misrepresentation, or failed to disclose, a material fact on the application or as part of any subsequent investigation to the attorney general or the chief of police.

D. Except when ordered by the state, the tem of suspension of any permit shall be for the specific time determined by the chief of police but not more than 60 days.

E. In conducting an investigation, which the chief of police may initiate on his or her initiative or in response to complaint, or making a determination hereunder, the chief of police shall gather all evidence relevant to the investigation and may issue subpoenas for the appearance of witnesses and the production of documents and other evidence. If a licensee or a person having a financial interest in the cardroom of the licensee or a manager or designated responsible employee of the licensee (unless the manager or designated responsible employee are no longer employees of the licensee) shall not respond to a subpoena served upon and directed to such person for a personal appearance or the production of documents, prima facie grounds shall exist for the suspension of the cardroom license. The determinations of the chief of police shall be valid if supported by a preponderance of the evidence.

F. Upon determination that grounds for revocation or suspension exist, the chief of police shall notify the work permittee in writing either by personal delivery or by first class mail addressed to the work permittee at the address listed in the work permit application, or any more recent address furnished to him by the work permittee. The notice shall state that the work permit is revoked or suspended, as the case may be, the duration of any suspension, and the grounds for the action. Except when the revocation or suspension is ordered by the state, the notice shall further state that the action shall not become effective until the eleventh city business day after the date of the notice, and that during such period work permittee may file a notice of appeal to the city council with the city clerk. Pursuant to subsection G, the notice shall state that if the action is appealed to the city council, the action shall not become effective, if at all, until the council shall have heard and decided the appeal.

G. If the work permittee fails to file a notice of appeal with the city clerk within a period of ten city business days from the date of notice of suspension or revocation, the action of the chief of police shall become final and conclusive. If a notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount established by resolution of the city council, the city clerk shall schedule the matter for hearing before the city council. The city clerk shall provide at least ten city business days written notice of the date, time, and place of the hearing to the work permittee and the chief of police. When such notice has been timely filed, the suspension or revocation shall not become effective until the appeal has been completed.

H. At the hearing before the city council the appellant and the chief of police shall have the following rights:

1. To call and examine witnesses under oath;

2. To introduce exhibits under oath;

3. To cross-examine opposing witnesses under oath on any matter relevant to the issues, even though that matter was not covered in the direct examination.

4. To impeach any witness, regardless of which party first called him to testify; and to rebut the evidence against him.

5. If the appellant does not testify in his or her own behalf he or she may be called as if under cross-examination.

I. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but shall not be sufficient to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded.

J. In revoking or suspending a license or work permit pursuant to this section the chief of police shall have the power to suspend the effectiveness of such action upon reasonable conditions, and to direct that if the work permittee does not comply with such conditions, the original revocation or suspension will become effective. If the chief of police determines that any condition has been violated, the procedure for notice and hearing for revocations and suspensions shall be applicable.

K. In addition to the power to suspend a work permit pursuant to this section, if the chief of police determines that a work permittee has engaged in such conduct as to provide reasonable cause to believe that his or her continued work in a cardroom would constitute an immediate threat of continued violations of operations requirements, fraudulent or dishonest conduct, or sale or use of narcotics on the premises, he or she may immediately suspend the work permit by providing written notice to the work permittee and the licensee of the action taken and the reason therefor. The chief of police shall conduct a hearing on the matter upon notice to the work permittee not later than five city business days from the date of the suspension. The hearing shall be in accordance with the provisions of this section. If at the conclusion of the hearing the chief of police determines that grounds exist for the suspension or revocation of the work permit, he or she may revoke or continue the suspension of the work permit. The work permittee may appeal such decision to the city council by filing a notice of appeal pursuant to subsection 4.04.270.G; provided, however, that pending the action of the city council on appeal the revocation or suspension shall remain in full force and effect.

A. Whenever the chief of police shall deny an application for a work permit, he or she shall notify the applicant or work permittee in writing by either personal delivery or by first class mail addressed to the applicant or work permittee at the address listed in the respective application, or at any more recent address furnished to him by the applicant or work permittee. The notice shall state that the application has been denied or work permitted has been suspended or revoked and the grounds for the action. The notice shall further state that the applicant or work permittee shall have the right to appeal the action to the city council by filing a notice of appeal with the city clerk no later than ten city working days from the date of the notice of denial.

B. A notice of any appeal shall be filed with the city clerk not later than ten city business days from the date of notice of denial, suspension or revocation of the application or work permit, failing in which the action of the chief of police shall become final and conclusive. If a notice of appeal is timely filed, accompanied by payment of an appeal fee in an amount established by resolution of the city council, the city clerk shall schedule the matter for hearing before the city council. The city clerk shall provide at least ten city business days notice of the date, time, and place of the hearing to the party appealing and the chief of police.

A. Upon the conclusion of any hearing conducted by the city council pursuant to this chapter, city council shall make findings of fact and conclusions of law, which shall be transmitted in writing to the appellant.

B. The city council on appeal may, based upon the evidence presented, affirm or reverse the decision of the chief of police. In the case of a revocation or suspension of a permit, it shall have the power to modify the penalty to any lesser one provided in section 4.04.260.

C. The decision of the city council on appeal shall be final and conclusive.

The provisions of this chapter shall not apply to short card games such as pinochle, hearts, whist, bridge or any rummy game, nor to cardrooms of fraternal organizations not open to the general public, and whose membership is restricted to those persons regularly and formally elected to membership therein, and paying regular dues to such organizations.

Any license issued under any chapter of the city may be cancelled by the city council after five days' notice to the holder of said license for a hearing had pursuant to said notice, at which the holder shall have the right to offer evidence and have the services of counsel, when it satisfactorily appears to the council that said holder has violated any of the conditions of said license or has violated or permitted to be violated any law of the United States, or the state, or of any ordinance of the city, on the premises where the business covered by said license is being conducted, or in connection with said business.

Any said license may be so cancelled when it satisfactorily appears to the council that disorderly or immoral conduct or gambling is or has been permitted on the said premises, or whenever the preservation of public morality, health, peace, or good order shall, in its judgment, render such cancellation necessary.

Thereafter, the person whose license has been so cancelled shall not be entitled to receive any business license of any character from the city except on a permit from the city council, and such person shall present to the city council a statement in writing, verified by the oath of said person, which statement shall set forth the following:

A. The full, true name, age and place of nativity of the applicant, or applicants if there be more than one, interested in said business.

B. The location of the premises by street and number, and where there is no street and number by such other description as will enable the same to be easily located.

C. That the applicant is of good moral character.

D. That if granted a license the applicant will conduct said business in a lawful manner, will not permit any offensive, immoral or indecent practices to be committed upon the premises, will not commit or suffer to be committed any violation of the laws of the United States or of the state or the ordinance of the city in the conduct of or in connection with said business.

E. Whether or not the applicant has had a license revoked, and if so, the circumstances attending the revocation, with location of premises, date and cause of revocation. The permit for said license may be granted or refused at the discretion of the city council and any license issued as herein provided may be revoked by the city council as provided in this section.

The notice here provided for shall contain in substance the nature of the charge against the holder of the license and a statement of the place and the date of the hearing, and may be served personally or left at the place of business of said holder.

(Ord. No. 178)

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit herein provided for shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

(Ord. No. 178)