Chapter 16.30

CARDROOM PERMITS

Parts:

• 1 Cardroom Permit Requirements

• 2 Permit Amendment Procedure

Part 1

CARDROOM PERMIT REQUIREMENTS

Sections:

16.30.010 Cardroom permit required.

• 16.30.020 Existing permits continued.

• 16.30.030 Permits nonassignable.

• 16.30.040 Ownership limit within Santa Clara County.

• 16.30.050 Premises relocation.

• 16.30.060 Cardroom permit fee and cardroom regulation fee.

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GAMING CONTROL

§ 16.30.060

• A. No person shall establish, maintain, manage or operate any cardroom unless the cardroom is maintained and operated pursuant to a valid cardroom permit.

• B. No person shall permit, allow, or suffer any cardroom to be established, maintained, managed or operated unless the cardroom is maintained and operated pursuant to a valid cardroom permit.

• (Ord. 28517.)

• A. Each valid cardroom permit in effect on December 23, 1999 shall continue in existence and shall be subject to all provisions of this title.

• B. All terms and conditions of each cardroom permit in effect on December 23, 1999 shall continue in effect unless modified pursuant to the provisions of this Title 16.

• (Ord. 28517.)

• A. A cardroom permit shall not be sold, transferred or assigned by the cardroom permittee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, of the cardroom permit shall be deemed to constitute a voluntary surrender of such permit, which shall thereafter be deemed terminated and void.

• B. Stock ownership in a cardroom permittee shall be subject to sale, assignment, or transfer only in strict accordance with the stock ownership license provisions of this title.

• (Ord. 28517.)

• A. A person who is an owner of a Cardroom in the City of San José may have interest, legal or equitable, in more than one (1) Cardroom in the City of San José.

• B. No person who is an owner of a Cardroom in the City of San José shall, at any time, have any interest, legal or equitable, in a Cardroom outside the City of San José in the County of Santa Clara.

• (Ords. 28517, 30481.)

• A. A cardroom permit is valid only for the location provided in the permit. Relocation of a cardroom is permitted only upon an amendment to the cardroom permit as provided in this chapter.

• B. Relocation of a permitted cardroom to a location different from that described in the cardroom permit is expressly permitted where governmental acquisition of an existing permitted cardroom premises is under threat of eminent domain or an actual exercise of the power of eminent domain would result in the closing of the permitted cardroom.

• C. If the cardroom permittee desires to apply for a new location on which to conduct the cardroom business, the cardroom permittee must comply with both of the following procedures:

  1. The cardroom permit amendment procedure set out in this chapter; and

  2. The procedures set out in Title 20 of this Code.

• D. In the event that the government takes possession of the property subject to a cardroom permit under threat or actual exercise of the power of eminent domain, the permit for the cardroom shall be deemed to be valid and remain in effect for not less than a period of twenty-four months from the date of closing of the cardroom in order to allow a relocation.

• E. Any cardroom, other than a legal nonconforming use, shall only be located and operated in conformity with Title 20.

• (Ord. 28517.)

• A. The cardroom permit fee as set forth in the schedule of fees established by resolution of

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SAN JOSÉ CODE

§ 16.30.060

the city council shall be paid to the City of San José by the cardroom permittee on an annual basis.

• B. A cardroom regulation fee as set forth in the schedule of fees established by resolution of the city council shall be paid to the City of San José by the cardroom permittee. The cardroom permittee shall have the option of paying the cardroom regulation fee in annual or in semiannual or quarterly installments. The selection of the payment date shall be made by the fifteenth day of the first quarter of the fiscal year and shall remain unchanged for the duration of the entire fiscal year. The cardroom regulation fee shall be paid on or before the fifteenth day of the first month of the fiscal year if the annual payment term is selected; on or before the fifteenth day of the first month and the fifteenth day of the fourth month of the fiscal year if the semi-annual payment term is selected; and on the fifteenth day of the first, fourth, seventh, and tenth month of the fiscal year if the quarterly payment term is selected.

• C. In the event of denial, surrender, suspension, revocation or expiration of a cardroom permit, no portion of any permit renewal or amendment fee or cardroom regulation fee shall be refunded.

• (Ords. 28517, 29039.)

Part 2

PERMIT AMENDMENT PROCEDURE

Sections:

16.30.210 Permittee cooperation.

16.30.220 Public hearing and notice.

• 16.30.230 Chief of police: findings and determination.

16.30.240 Card table limit.

• 16.30.250 Decision final.

• A. The terms and conditions of a Cardroom permit shall not be amended or otherwise changed except through the Cardroom permit amendment procedure.

• B. As used in this title, "terms and conditions" of a permit include, but are not limited to, the single ground floor level where games are permitted to be played or other areas of a Permitted Cardroom where the playing of games is specifically authorized by the Chief of Police, and any other conditions placed on the Cardroom Permit pursuant to this Title or pursuant to the predecessor of this Title, Chapter 6.22 of the Code, by the City Council, or the Chief of Police.

• C. A Permittee who seeks to amend the Cardroom Permit shall file an application with the Administrator stating the specific terms and conditions that the Permittee desires to change and the reasons therefor.

• D. A Cardroom Permit amendment fee as set forth in the Schedule of Fees established by Resolution of the City Council shall be paid to the Administrator by the Cardroom Permittee at the time the application is filed. The amendment application shall not be deemed to be a Complete Application unless the Cardroom Permittee has paid the required fee.

• E. Within a reasonable time period after receipt of a Complete Application, the Administrator shall file a public report with the following:

  1. Recommendations to the Chief of Police as to whether the requested amendments should be granted;

  2. The reasons for the recommendations including, but not limited to, whether the proposed permit amendment will:

     • a. Have an adverse effect on public health, safety, or welfare; or

     • b. Have an adverse effect on the ability of the Administrator and the Chief

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GAMING CONTROL

§ 16.30.230

of Police to effectively administer and enforce the requirements and policies of this Title; or

  - c. Result in the violation of any city, state, or federal law; or 

  - d. Be consistent with the policies, purposes and provisions of this Title and the public interest. 

3. All recommended conditions, limitations, restrictions and mitigations to which the requested permit amendment, if granted, should be made subject, in addition to those which operate as a matter of law; and

4. Such other information and recommendations as the Administrator deems relevant to the consideration of the amendment application by the Chief of Police.

(Ords. 28517, 29003, 30616.)

Each cardroom permittee seeking an amendment to a permit under this chapter shall fully cooperate with the administrator and shall provide all information required by the administrator. (Ord. 28517.)

• A. After the report and recommendation on the application by the Administrator is complete and transmitted to the Applicant and the Chief of Police pursuant to Section 16.30.200 of this Chapter, the Chief of Police shall set a day, time, and place for a public hearing on the application. The hearing shall be set within a reasonable period of time after the filing of the report by the Administrator.

• B. At the day, time and place set for hearing of an application for a Cardroom permit amendment, the Chief of Police shall consider the application, the report and recommendation of the Administrator, and any written objections and public testimony.

• (Ords. 28517, 30616.)

• A. Within a reasonable time period after the close of the hearing, the Chief of Police shall either approve or disapprove the requested Cardroom permit amendment. The Chief of Police may also attach such conditions, limitations and restrictions on the permit as the Chief deems reasonably necessary to protect the public peace, health, safety and welfare. If the Applicant does not consent to the new conditions, limitations or restrictions on the Cardroom Permit, the Applicant may withdraw the application without prejudice and retain the permit in its original form. In the event of such a withdrawal, the Cardroom Permittee shall pay all of the City's reasonable costs associated with the investigation and application hearing, including investigative costs and attorneys' fees. The Administrator shall provide an itemization of costs associated with the investigation and application hearing, including investigative costs and attorney's fees.

• B. The Chief of Police shall approve the amendment if the Chief determines and finds that the Cardroom Permittee and all the persons holding stockholder ownership licenses in the Cardroom Permittee have fully cooperated with the Administrator and the Chief of Police and have provided all information required by the Administrator and the Chief of Police, and also that the proposed amendment will not:

  1. Have an adverse effect on public health, safety, or welfare; or

  2. Have an adverse effect on the ability of the Administrator and the Chief of Police to effectively administer and enforce the requirements and policies of this Title; or

  3. Result in the violation of any city, state, or federal law; or

  4. Be inconsistent with the policies, purposes and provisions of this Title or be contrary to the public interest.

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§ 16.30.230

• C. The Chief of Police shall not approve an amendment changing the location of a Cardroom except in accordance with the requirements of this Title and Title 20.

• (Ords. 28517, 30616.)

No cardroom shall be issued a permit or permit amendment that is contrary to the requirements of Chapter 16.04. (Ord. 28517.)

• 16.32.060 Affirmative criteria for license.

• 16.32.070 Disqualification criteria for license.

• 16.32.080 Information disclosure by applicant.

• 16.32.090 Criminal history information.

• 16.32.100 Deposit; costs and charges of investigation and hearing refund, accounting.

• 16.32.110 License application.

• A. The decision of the Chief of Police on a Cardroom Permit amendment shall be final upon service on the Applicant.

• B. The written statement of decision shall contain a notice setting out the provisions contained in Section 1.16.010 of this Code.

• (Ord. 30616.)