San Ramon Municipal Code Art. 2 Licensing

Each application for a cardroom permit shall contain the following:

City of San Ramon, CA | Municipal Code 88

A. A copy of the current gaming registration certificate obtained from the state of California gambling control commission, or in lieu thereof, a declaration under penalty of perjury from the applicant that declaring that an application for such a certificate has been applied for and is being processed by the commission. If applicant submits a declaration under penalty of perjury in lieu of the gaming registration certificate, referred to above, the cardroom license issued upon such application will become effective the date the gaming registration certificate is issued by the state of California gambling control commission; B. Copy of the application for registration and supporting information filed with the Attorney General with the application for registration. The information required by this subsection is deemed, pursuant to Section 6254 of the Government Code, not to be public record and upon filing, will be detached from the application and filed in the confidential records of the police department; C. The location of the business for which the permit is sought, including a specific description of the building or structure within which the cardroom is to be situated, and the specific portion of such building or structure for which a cardroom license is requested. If the entire building or structure is proposed to be used as a cardroom, the application shall so state and shall request a license for the entire building or structure. If only a portion of the building or structure is proposed to be used as a cardroom, the application shall so state, shall describe such portion and shall request a license for only such portion. No license pursuant to any permit shall be deemed issued for any portion of any building which the application fails to state is to be used for cardroom purposes or for which the application fails to specifically request a license; D. The maximum number of card tables proposed to be maintained within the cardroom; E. The specific types of card games proposed to be played within the cardroom; F. A statement that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all the laws of the state and the laws and regulations of this city applicable thereto and that any violation of any such laws or regulations in such a place of business, or in connection therewith, shall render any permit and license therefor subject to immediate suspension or revocation; G. A statement that the applicant understands and agrees that where a license is issued the chief of police or fire chief or their designated representatives shall have authority to inspect the premises and records of any licensee without a search warrant. Those city and district agencies required to investigate the cardroom premises shall have reasonable access to the premises, and applicants, to enable those agencies to properly and thoroughly conduct their investigations; H. An application fee in an amount set forth by resolution of the city council shall accompany the application and shall be retained by the city for costs of processing the application; I. A declaration by the applicant under penalty of perjury that the contents of the application are true as to his or her knowledge. (Ord. 368 § 1, 2004; Ord. 262 § 1, 1995; prior code § B1-9)

A. Within thirty days of the filing of a completed application for cardroom license, the city council shall set a time and place not less than twelve days thereafter at which the city council will hold a public hearing on the application; at which hearing all interested parties and any members of the public shall be given a reasonable opportunity to be heard. The city clerk shall post, or cause to be posted, not later than the eleventh day preceding the date set for hearing, in a conspicuous

City of San Ramon, CA | Municipal Code 89

place at the street entrance to the place for which a cardroom license is requested, a written notice which shall: 1. Be entitled in bold letters, "NOTICE OF HEARING ON APPLICATION FOR CARDROOM LICENSE" ; 2. State that an application has been made to the city council for a cardroom license and by whom such application has been made; 3. Describe the premises for which a cardroom license is requested; 4. Give notice of the time and place at which the city council will hold a public hearing on the application; 5. Give notice that any person will be given a reasonable opportunity to be heard at the public hearing and, in addition, may file written statements, in favor or in opposition, with the city clerk at any time before the conclusion of the hearing; 6. Advise all persons that further information may be obtained by examining the written application on file in the office of the city clerk. The information required by Section B1-11 (A) (2) is deemed pursuant to Section 6254 of the Government Code not to be a public record and for purposes of this subsection shall not be included as part of the written application on file in the office of the city clerk. B. At the time and place set for hearing of an application for a cardroom license, and/or at such other times and places to which it may be continuing the hearings, the city council shall consider the application and all written statements in support or in opposition, and shall give reasonable opportunity to be heard to all persons who wish to be heard either in favor of or in opposition to the granting of the requested license. (Prior code § B1-11)

Upon or within a reasonable time after close of the hearing, the city council shall either grant or deny the requested license. If it should grant the license, it may make it subject to such conditions, limitations and restrictions as it may deem reasonably necessary under the circumstances to protect the public health, safety and general welfare. Each license granted by the city council shall be subject to the licensee's compliance with all applicable provisions of this chapter as well as such conditions, limitations and restrictions as the city council may specifically prescribe. The city council may deny a cardroom license for any of the following reasons: A. That the establishment or operation of a cardroom at the proposed place or places would: 1. Violate the city's zoning, fire, building or other ordinances or regulations, or other applicable laws or regulations; 2. Be detrimental to the health, safety and general welfare of the city, 3. Adversely affect the orderly development of property within the city, 4. Adversely affect the preservation of property values and the protection of the tax base within the city, 5. Adversely affect the policy and goals as set by the general plan, 6. Create a nuisance and/or enforcement problem within the neighborhood or community, and 7. Encourage marginal development within the neighborhood; B. That the location of the proposed cardroom is near a school or playground or other recreational facility frequented by minors; C. That the design or location of the cardroom will hinder law enforcement officials in surveillance of cardroom activities or in the enforcement of this chapter or of state laws regulating gambling. City of San Ramon, CA | Municipal Code 90

(Prior code § B1-12)

The city council may require that the license be conditioned, as necessary to effectuate this chapter, including conditions as to: A. Location, design, lighting of cardroom and number of tables; B. Hours of operation; C. Parking location, design and conditions; and D. Related business on the premises. (Prior code § B1-14)

Upon approval of the license by the city council and upon payment of a nonrefundable, nonproratable license fee in an amount per table set forth by resolution of the city council for each authorized table, regardless of whether the table is in constant use or not, the city clerk will issue applicant a cardroom license for the specific location. Licenses shall be valid for one year from the date of issue unless suspended or revoked prior to the expiration of one year. A. In the event that a licensee wishes to remove tables from the premises, thus reducing the number of playing tables within the establishment, the city will not abate any of the previously paid table license fee. B. In the event of surrender, suspension, revocation or termination, no permit investigation fee or license fee, or any portion thereof, shall be refunded. (Ord. 235 § 1, 1993: prior code § B1-15)

The holder of an unsurrendered, unsuspended, unrevoked and valid permit issued pursuant to the provisions of this chapter may have a license issued under such permit renewed for respective periods of one year only upon the following terms and conditions: A. An application for renewal of any such license in compliance with Section B1-11 of this chapter shall be filed with the city clerk thirty days prior to the expiration date of the license for which renewal is sought. B. If such application for renewal is not filed within the time specified by subsection A of this section, such application will be considered to be a new application. C. Renewal fees for licenses shall be in an amount set forth by resolution of the city council. (Ord. 262 § 2, 1995; prior code § B1-16)

Except as otherwise hereinafter provided, no cardroom license may be sold, transferred or assigned by the licensee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be deemed terminated and void; provided and excepting, however, that if the licensee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such license, and in such case the licensee shall thereafter be deemed to be the surviving partners.

City of San Ramon, CA | Municipal Code 91

(Prior code § B1-17)

All permits and licenses authorized and issued under the provisions of this chapter shall be subject to suspension or revocation under the following conditions: A. The licensee has breached, or is breaching, any provision of this chapter; or B. Any term or condition upon which such license was issued has been or is being breached; or C. Grounds exist which would justify denial of an application for such license if such application were then pending; or D. The licensee or employee has violated any statute or ordinance of the city, which violation pertains or relates to the establishment, maintenance or operation of the cardroom authorized by such license. (Prior code § B1-18)

The procedure for suspension or revocation of permits or licenses shall be as follows: A. Suspension or revocation by the chief of police after a hearing of which at least three days' notice shall be given to the permittee or licensee of the time, place and purpose thereof. Such notice may take the format of an order to show cause, addressed to the permittee or licensee, requiring such permittee or licensee to show cause before the chief of police at a time, date and place stated why the permit or license held by such permittee should not be suspended or revoked and which order to show cause shall set forth the reasons or grounds upon or for which such suspension or revocation is proposed. Suspension or revocation of license by the chief of police shall be effective immediately. 1. Should the chief of police exercise authority granted him/her under authority of this section and suspend or revoke the permit and/or license of any cardroom licensed under the authority of this chapter, he or she shall immediately, in writing, notify the permittee or licensee as to what action he or she has taken. 2. During such suspension period that may exist or occur as a result of the chief of police's immediate suspension, as granted under this section, said permit and/or license will be temporarily null and void, and the playing of cards or any such use of the tables within such establishment shall be prohibited. 3. The suspension or revocation ordered by the chief of police may be stayed one time for a period not to exceed thirty days by written order signed by a member of the city council upon a showing that there is probable cause that the appeal from the suspension or revocation will be successful. Any suspension or revocation ordered by the city council after public hearing conducted pursuant to subsection B of this section shall immediately dissolve the stay. B. Any permittee or licensee dissatisfied with the decision of the chief of police may file an appeal with the city clerk within seven days after the decision. 1. Notice of the time and place of the hearing on the appeal shall be mailed to the permittee or licensee at least five days prior to the hearing. 2. In no case shall the city council hear the matter any later than fifteen days after receipt of the notice of appeal by the city clerk unless the permittee or licensee waives time. 3. The city council shall hear the matter and may uphold or overrule the action of the chief of police or take any other appropriate action.

City of San Ramon, CA | Municipal Code 92

C. Suspension or revocation by the city council after a public hearing of which at least ten days' notice shall be given to the permittee or licensee of the time, place and purpose thereof. Such notice may take the form of an order to show cause, addressed to the permittee or licensee, requiring such permittee or licensee to show cause before the city council at a time, date and place stated why the permit held by such permittee should not be suspended or revoked and which order to show cause shall set forth the reasons or grounds upon or for which suspension or revocation is proposed. D. At any hearing the permittee may appear either in person or by counsel, or both in person and by counsel, and may produce and submit any relevant evidence such permittee may desire, oral or documentary. In the event of revocation, no new permit or license shall be issued to such permittee or licensee for a period of one year. (Prior code § B1-19)

B1-20 through B1-30. - Reserved.