Chapter 16.40

• 16.40.020 Work permit application procedures.

• 16.40.030 Notice to administrator of change in employment.

• 16.40.040 Authority of the administrator to set conditions on work permit.

• 16.40.050 Work permit show cause hearing procedures.

• 16.40.060 Decision final.

• 16.40.070 Grounds for denial, revocation or suspension of work permit.

• 16.40.080 Temporary work permit.

• A. Every Employee of the Cardroom Permittee who is a Gambling Enterprise Employee and is not a Key Employee shall apply for and obtain a work permit prior to beginning employment as an Employee for a Cardroom Permittee.

• B. Except for persons required to have either a Funding Source License pursuant to Part 7 of Chapter 16.32 or a License pursuant to Part 6 of Chapter 16.32, every Funded Player shall apply for and obtain a work permit prior to

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beginning employment as a Funded Player with a Funding Source at a Cardroom Permittee.

• C. Except for Funding Source Employees required to obtain a License by the Administrator, every Funding Source Employee who has any supervisorial responsibility over a Funded Player or other Funding Source Employee or has authority, on behalf of a Funding Source, to provide or direct the distribution of currency, gaming chips and gaming plaques to Funded Players shall apply for and receive a work permit prior to performing any of these functions in a Cardroom Permittee.

• D. Work permits issued to Employees, Funded Players and Funding Source Employees shall be for not more than two (2) specified employment classifications only.

• E. Work permittees may be employed in the identical position for which the permit was issued at another permitted Cardroom, provided the work permittee terminates employment with a Permitted Cardroom before commencing employment with the other. Thirty (30) calendar days prior to commencing employment with the new establishment, the work permittee shall file a statement on a form proscribed by the Administrator with the Division setting forth the last date of employment with the former employer and the anticipated commencement of employment with the new employer. The work permit shall continue with the terms and conditions as originally issued.

• (Ords. 28517, 30616.)

• A. Each Applicant shall present himself or herself to the Administrator during normal business hours, at least three (3) Business Days prior to commencement of employment with a Cardroom Permittee and complete an application for a work permit.

• B. Each Applicant shall:

  1. Submit a Complete Application in such form as shall be specified by the Administrator;

  2. Be fingerprinted;

  3. Be photographed;

  4. Provide any other information that the Administrator may require;

  5. Certify the contents of the Application under penalty of perjury; and

  6. Identify a maximum of two (2) nonconflicting employment classifications for which the Applicant is seeking employment.

• C. The Administrator is authorized to obtain criminal history information for each Applicant seeking a work permit.

• D. A work permit fee or renewal fee as set forth in the Schedule of Fees established by Resolution of the City Council shall be paid by the Applicant at the time of filing of a work permit or renewal application.

• E. Within twenty (20) Business Days after receipt of a Complete Application, the Administrator shall serve a written decision on the Applicant either granting or denying a work permit, or granting a work permit with limitations and conditions, and explaining the reasons for denial. If the decision is to grant a work permit, the work permit shall be construed as a final decision by the Administrator and shall take effect on the date of service of the written decision by the Administrator on the Applicant and a work permit credential shall be issued to the Applicant. If the decision is to deny, suspend, revoke, or add limitations and conditions to a work permit, the procedures pursuant to Section 16.40.050 shall be followed.

• F. Any temporary work permit issued pursuant to Section 16.40.080 shall automatically terminate as of the date the City issues a work permit to an Applicant under this Chapter.

• G. Each work permittee shall apply for renewal of his or her permit with the Administrator sixty (60) Business Days prior to the fourth anniversary of the date of the Administrator's initial approval of the work permit application and every four-year anniversary thereaf-

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ter. New identification cards will be issued at the time of renewal and at any other time the Administrator deem appropriate.

• H. No work permit or renewal permit shall issue unless the work permit fee or renewal fee accompanies the application or renewal application.

• I. The Administrator shall deny an application for renewal of a work permit or place limitations or conditions upon the renewal of a work permit if the Administrator determines that there exist any grounds for denial, revocation, or suspension of the work permit.

• J. If an application for renewal is accepted by the Administrator, then the work permit shall continue in effect unless revoked or suspended until such time as a decision is made to renew or deny the renewal application.

• (Ords. 28517, 30616.)

• A. The cardroom permittee and funding source shall inform the administrator of any change in employment of a person holding a work permit as follows:

  1. On the first day of the month for any change in employment that became effective any time from the fifteenth day of the preceding month to the last day of the preceding month; or

  2. On the fifteenth day of the month for any change in employment that became effective any time from the first day of the month to the fourteenth day of the month.

• B. A change in employment shall include termination of employment, leave of absence, or any promotion or other change in employment classification, job title, or change in job function or duties as determined by the administrator.

• (Ord. 28517.)

When the Administrator grants a temporary work permit, a work permit, or renewal of a work

permit, the Administrator may place such limitations and conditions thereon as the Administrator may deem necessary, consistent with the public interest and the policies of this Title.

(Ords. 28517, 30616.)

• A. If it appears at any time that good cause may exist for the Administrator to deny, suspend, revoke, or add limitations and conditions to a work permit, the Administrator shall provide the Employee with notice and the opportunity for a hearing before the Chief of Police to show cause why the application should not be denied, why the work permit should not be suspended or revoked, or why limitations and conditions should not be added to the work permit. Notice of the intended action shall also be provided to the employing Cardroom Permittee or employing Funding Source.

• B. In the case of denial, suspension, revocation, or addition of limitations and conditions, the Employee shall be given ten (10) Business Days from the date of mailing of the notice of denial, suspension or revocation to request a show cause hearing before the Chief of Police. The Employee shall be deemed to have waived the right to a show cause hearing if the Administrator does not receive the Employee's written request for a hearing within ten (10) Business Days of the date of service of the notice. In case of a waiver, the Administrator shall serve a statement of decision upholding the suspension, revocation, or placement of limitations and conditions on the work permit. Notice of the status of the work permit shall also be provided to the employing Cardroom Permittee or employing Funding Source.

• C. The Administrator shall schedule the hearing within forty-five (45) Business Days after receipt of the request for a show cause hearing. The Administrator shall mail notice of the day, time, and place of the hearing to the

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applicant or work permittee and the employing Cardroom Permittee or employing Funding Source within fourteen (14) Business Days after receipt of the request for hearing.

• D. The hearing shall be held in accordance with the procedures and rules set out in Sections 16.36.020 through 16.36.040, with the Chief of Police acting as the presiding official.

• E. If the Chief of Police, on the basis of substantial evidence presented at the show cause hearing, finds good cause, the Administrator may deny, suspend, revoke, or add limitations and conditions to the work permit.

• F. When the Chief of Police denies, suspends, revokes, or adds limitations and conditions to a work permit, the Chief of Police shall issue a statement of decision giving the reasons for the decision and the findings of fact upon which the decision is based.

• G. The statement of decision shall be served upon the person within forty-five (45) Business Days of the close of the hearing. Notice of the status of the work permit shall also be provided to the employing Cardroom Permittee or employing Funding Source.

• (Ords. 28517, 30616.)

• A. The decision to deny, suspend, revoke, or add limitations and conditions to a work permit shall be final.

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

• (Ord. 28517.)

The Administrator may deny, suspend, revoke, or add limitations and conditions to a work permit on any of the following grounds:

• A. The Permittee has violated any provision of this Title.

• B. The Permittee has failed to timely pay any fees due under this Title.

• C. The Permittee has violated any work permit limitation or condition.

• D. Failure to cooperate with the Administrator or to provide information, documentation, and reasonable assurances required for qualification or failure to reveal any material fact relating to qualification.

• E. Supplying information to the Administrator that is untrue or misleading.

• F. Conviction, including a plea of nolo contendere, of any crime punishable as a felony; including a conviction by any federal court or a court in another state for a crime that would constitute a felony in California.

• G. Conviction, including a plea of nolo contendere, of any crime punishable as a misdemeanor, including conviction by any federal court or a court in another state for a crime that would constitute a misdemeanor in California, involving dishonesty, moral turpitude, prostitution, sale or possession for sale of a controlled substance, gambling, or any other crime substantially related to the qualifications, functions, or duties of the cardroom business or gambling business, within a ten-year period immediately preceding the submission of the application.

• H. Association of the applicant or work permittee with criminal profiteering activity or organized crime as defined in the California Penal Code Section 186.2 of the California Control of Profits of Organized Crime Act, Penal Code Sections 186 et seq., as the same may be amended from time to time.

• I. Refusal by the applicant or work permittee to obey an order to appear before any legislative investigative body or any other investigative body in any state of the United States.

• J. The applicant or work permittee is a partner, officer, director or shareholder or

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has any financial interest in any business organization that engaged in any form of prohibited gambling pursuant to the California Penal Code whether within or outside of the state.

• K. Denial, revocation, or suspension of a state gambling license, Key Employee license, work permit, registration, or finding of suitability pursuant to state gambling law, or the denial, revocation, suspension of a permit or license regulating legal gambling in any other state.

• L. The applicant or work permittee has committed any act involving dishonesty, fraud or deceit with the intent to substantially benefit the applicant or work permittee, or benefit another, or substantially injure another.

• M. Objection to the issuance of a work permit by the Bureau or an order denying an application for a work permit by the Commission pursuant to state gambling law.

• N. The applicant or work permittee has violated any provision of this Title, State Gambling Law, the applicable law of any state or local government, or any federal law relating to Gambling or the operation of a Permitted Cardroom.

  • O. The Applicant is less than twenty-one (21) years of age.

• (Ords. 28517, 30616.)

• A. The Administrator may issue to an Applicant for a work permit a temporary work permit after the Applicant has presented to the Administrator a Complete Application.

• B. The Administrator may place such conditions and limitations on the temporary work permit as the Administrator may deem necessary, consistent with the public interest and the policies of this Title, including but not limited to placing time limits on the term of the temporary

work permit. The temporary work permit shall automatically terminate when any of the following events occur:

• 1 An application is withdrawn, either with or without prejudice;

2. The Administrator denies the application; or

3. The Applicant is issued a work permit in accordance with the Chapter.

• C. The temporary work permit is a temporary privilege and creates no continuing right. The Administrator shall have the discretion to revoke the temporary work permit at any time without advance notice for reasons consistent with the efficient administration of the Division, the public interest, and the policies and requirements of this Title and the holder shall have no right of administrative or judicial appeal as to the revocation of such temporary work permit.

• D. Each recipient of a temporary work permit shall provide a written acknowledgment on a form prescribed by the Administrator that no procedural or substantive rights or privileges are conferred by a temporary work permit, without prejudice to his or her procedural rights under this Title for the denial of the application for the work permit. Without such acknowledgment, the Administrator has no discretion to issue a temporary work permit.

• (Ords. 28517, 30616.)