Part 2 — PERMIT AMENDMENT PROCEDURE

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:

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

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 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.

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

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:

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

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

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

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

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.)

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.)