Chapter 16.30 — CARDROOM PERMITS

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:

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

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 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 semi-annual 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.)