San Jose Municipal Code Part 1 General Provisions

A. Effective and comprehensive regulation of the practices, activities, persons and places associated with or involved in gaming in San José is essential for the protection of the public health, safety and welfare.

B. The purpose of this title and the gaming control regulatory program authorized by this title is to maintain public confidence:

1. In the integrity of cardroom operations by requiring strict regulatory controls and enforcement practices to carefully monitor gaming activity at cardrooms; and

2. In the integrity of nonprofit organization fundraisers held either in permitted San José cardrooms or elsewhere in the City of San José by eligible nonprofit organizations by requiring regulatory controls and enforcement practices pursuant to the requirements of state gambling law, the gaming control regulatory program and Title 16.

C. The gaming control regulatory program is further designed to regulate the persons, locations and practices of permitted San José cardrooms and funding sources.

D. In enacting this gaming control regulatory program, the city council does not intend to allow more than the number of card tables currently authorized by the San José Municipal Code or to increase the number of card tables available.

E. It is the intent of the city council to regulate cardrooms and nonprofit organization fundraisers in this city concurrently with the State of California, to the extent authorized by, and as required by, the gambling control act codified under the California Business and Professions Code and the regulations of the State of California Department of Justice and the California Gambling Control Commission.

F. The provisions of this title shall be broadly construed for the purpose of authorizing strict regulatory controls and oversight of the cardrooms and funding sources.

G. Any license, permit, approval or registration issued pursuant to the provisions of this title is a revocable privilege and no holder acquires any right in the license, permit, approval or registration other than the procedural rights granted under this title or as required by the United States or California Constitution.

(Ord. 28517.)

A. The Cardroom Permittee shall be responsible for every violation of the requirements of this title committed by the permittee, any Employee, Independent Contractor, Funding Source, Funding Source Owner, Funded Player, or Funding Source Employee that the Administrator determines is a minor violation under San José Municipal Code Section 16.33.010.

B. In the case of a violation of a requirement of this Title, other than a minor violation, by an Employee or Independent Contractor, Funding Source, Funding Source Owner, Funded Player, or Funding Source Employee, the Administrator shall have the discretion to take any action authorized by this Title against the person who committed the violation, as well as the Cardroom Permittee, the Employee of the permittee, any Key Employee who is responsible for the supervision or management of the person who committed the violation, or against any combination of them, who knew or should have known of the violation.

C. In the case of a violation of a requirement of this Title, other than a minor violation, by a Key Employee, the Administrator shall have the discretion to take any action authorized by this Title against the Cardroom Permittee, the Key Employee, or both.

(Ords. 28517, 30616.)

The funding source shall be responsible for every violation of the requirements of this title committed by any funded player, funding source employee or independent contractor of the funding source.

(Ord. 28517.)

This title provides for administrative enforcement of its provisions, which are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to address any violation of this title.

(Ord. 28517.)

The amount of any fee, cost, or charge imposed by this title shall be deemed to be a debt to the city that is recoverable in any court of competent jurisdiction.

(Ord. 28517.)

Consistent with Chapter 1.04 of this Code, the failure to comply with the provisions of this title setting forth time limits for action by the chief of police, the administrator, other officers or employees of the City of San José, or a hearing officer shall not result in any automatic decision, determination, or regulatory action in favor of a person subject to regulation under this title.

(Ord. 28517.)