Windsor Municipal Code Art. 2 Licenses

Gaming licenses shall be issued by the Chief of Police and shall be annual. Annual licenses shall be issued and valid for the one (1) year period extending from April 1 until March 31 of the next succeeding year or the portion of that period extending from the date of issuance of license until the following March 31.

Applications for original issuance under this chapter of an annual license shall be filed with the Chief of Police at least sixty (60) days before the date of beginning of the proposed license period. Applications for renewal of an annual license shall be filed with the Chief of Police at least thirty (30) days before the date of beginning of the proposed renewal period. Each application shall be in writing on a form provided by the Chief of Police and shall conform to the procedure and conditions following:

a. Each application shall contain:

1. Name and address of the premises sought to be licensed.

2. Description of the business operated or sought to be operated in the premises.

3. Name, occupation and residence address of each person with a financial interest in the premises or the business operated or sought to be operated therein.

4. The number of gaming tables sought to be licensed.

5. The name and residence of each employee of applicant in the gaming business sought to be licensed.

6. A recent photograph and fingerprints (to be taken by the Chief of Police) of each individual applicant and gaming employee.

7. The period of time for which the license is sought.

8. The amount of the license fee for such time, which fee shall be paid at the time of filing of the application.

9. A statement of applicant's understanding that business conducted pursuant to the license must comply with this article and the laws concerning gambling of the United States and the State of California, and that any violation of this article will warrant suspension or revocation of all gaming licenses issued to applicant either individually or jointly with others.

10. The consent of applicant to the examination and inspection by the Chief of Police of the gaming premises for which a license is sought or issued and all equipment used in gaming operations at any time during business hours throughout the period intervening the date of the application and the expiration of the license.

11. A verification under penalty of perjury of all information in the application executed by each person having any financial interest in the business sought to be licensed, each of whom shall be an applicant.

b. Each applicant may provide the Chief of Police with letters of reference which demonstrate the applicant's good moral character and reputation.

c. The Chief of Police shall inspect the premises sought to be licensed and the equipment sought to be used in the licensed business and shall investigate the background of the applicant(s) named in the application. The Chief of Police shall issue a gaming license only to applicants whose application, background and premises fully comply with the requirements of this article. The Chief of Police shall, within five (5) days (Saturdays, Sundays and holidays excluded), give written notice to the Gaming Commission of the time he/she takes action to issue, deny, suspend or revoke any gaming license.

d. A gaming license shall not be issued:

1. For premises in which the Chief of Police finds, on recommendation of appropriate officials, that occupancy occasioned by gaming operations will cause or intensify a safety, zoning, health or fire hazard.

2. For gaming areas in which individuals under twenty-one (21) years of age are permitted or in which gaming operations will endanger or be injurious to public health or safety.

3. To any applicant who has had any type of gambling license or permit denied or revoked for cause by any public agency in this or any other State.

4. To any applicant who within ten (10) years preceding the date of application has been convicted of a felony or a gambling offense.

e. Each gaming license shall be posted in plain view in a conspicuous place in the licensed premises. Each gaming licensee shall keep the premises open and unlocked during all hours when gaming is occurring.

f. A gaming license shall not be transferable from person to person, but may be transferred to another location provided that the requirements of this Section 3-13-205 d,1 are met.

g. Each gaming licensee shall give written notice to the Chief of Police within twenty-four (24) hours, excluding Sundays and legal holidays, of the time of occurrence of any change in licensed personnel. Such written notice shall state the name and residence address of the licensed personnel hired or separated, the capacity in which each of such personnel was or is employed, and the date of change.

h. Applications for renewal of a license shall be in the same form as applications for original issuance of a license. The Chief of Police may waive completion of those portions of the application in which he/she determines that he/she has current, accurate data in his file.

All fees shall be established by resolution of the Town Council to assist in funding the cost of administration and enforcement of this article.

Dealer's permits shall be issued by the Chief of Police on an annual basis and shall be valid for the period from July 1 until the following June 30 or the portion thereof following the date of issuance and until the next succeeding June 30. Applications for renewal of a dealer's permit shall be filed with the Chief of Police at least thirty (30) days before the date of beginning of the proposed renewal period. Each application shall be in writing on a form provided by the Chief of Police and shall conform to the procedures and conditions following:

a. Each application shall contain:

1. Name, residence address, and date of birth.

2. Name and address of the business establishment in which the applicant is or will be employed.

3. A recent photograph and fingerprints may be taken by the Chief of Police of the applicant.

4. A statement of the applicant's understanding that activities carried on pursuant to the permit must comply with this article and the laws of the United States and the State of California concerning gambling and that any violation of this article or California or United States laws regarding gambling will warrant suspension or cancellation of the permit.

5. A list of the names and addresses of the applicant's places of residence and employment during the preceding five (5) years.

6. A verification under penalty of perjury of all information contained in the application.

7. Renewal applications shall be in the same form as original applications.

b. Each applicant may provide to the Chief of Police letters of reference which demonstrate the applicant's good moral character and reputation. The Chief of Police may issue a temporary dealer's permit which shall be valid as a dealer's permit hereunder during the pendency of the Chief of Police investigation or until notice to the applicant of denial of the permit applied for.

c. The Chief of Police shall investigate the background of each applicant and shall issue a dealer's permit only to an applicant whose application and background fully comply with the requirements of this article.

d. A dealer's permit shall not be issued:

1. To any applicant who has had any type of gambling license or permit denied or revoked for cause by any public agency in this or any other State.

2. To any applicant who within the ten (10) years preceding the date of application has been convicted of a felony or gambling offense.

3. To any applicant who is under twenty-one (21) years of age.

e. Dealer's permits shall not be transferable.

f. Each dealer, while dealing a card game, and each shill, while acting as a shill, shall wear an identification badge containing his/her first name clearly printed in block letters at least three-eights (⅜″) inch in height, visible and legible to all players. Each dealer and shill shall have a valid dealer's permit in his/her possession while so acting.

a. The purpose of the Gaming Commission is to advise the Town Council of gambling activities regulated by this chapter and to hear and determine appeals from the Chief of Police's denial, suspension, or revocation of gaming licenses or dealer's permits. The Gaming Commission shall consist of five (5) voting members and one (1) nonvoting member. Each member of the Town Council shall appoint one (1) voting member. The nonvoting member shall be appointed by the Town Council from a list of three (3) individuals holding gaming licenses submitted by the majority of gaming licensees in the Town or such organization as has been or shall be formed to represent the majority of such licensees.

b. The term of each voting member of the Gaming Commission shall be coterminous with the term of his/her appointing Council member the pleasure of the Town Council. The term of the nonvoting member shall be coterminous with the term of the voting members having the longest term at the time of his/her appointment, and at the pleasure of the Town Council; provided, however, that such term shall end upon termination of such nonvoting member's gaming license, and a new nonvoting member shall be appointed as above provided. Each member shall, notwithstanding the foregoing provisions of this subsection, serve until the appointment and qualification of his/her successor.

c. The Gaming Commission shall designate one (1) of its members as Chairman and may adopt such rules as it deems necessary for the orderly conduct of its business. Three (3) voting members of the Commission shall constitute a quorum. The Commission shall meet on call of the Chairman and shall have not less than one (1) meeting each year.

d. The Chief of Police shall serve as ex officio Secretary of the Commission, shall assist in giving notices, providing meeting rooms and like services incidental to the discharge of the Commission's duties.

The Chief of Police for good cause may suspend, revoke, or deny any gaming license or dealer's permit. Good cause for denial, suspension or revocation shall consist of a finding by the Chief of Police from substantial, reliable evidence that:

a. The licensee or permittee has violated or is violating any provision of this article or any law concerning gambling of the United States or the State of California; or

b. The licensee or permittee has been convicted of any criminal act involving moral turpitude; or

c. The continuance of the licensee's or permittee's operations pursuant to such license or permit would be injurious to the health, safety or welfare of the people of the Town of Windsor.

The Chief of Police's decision shall be in writing. The decision shall be served by placing the same in the United States mail (either registered or certified) addressed to the home address shown on the application and also addressed to the last known business address shown on the application. The Chief of Police shall also serve the decision on any person who appears to be in charge of the premises or, if the premises are closed, by posting the decision on the front door.

Any applicant for a license or permit whose application is denied in writing by the Chief of Police, or any person holding a valid gaming license or dealer's permit whose license or permit is suspended or revoked in writing by the Chief of Police, may appeal to the Gaming Commission. Such appeal shall be in writing, shall designate the name of the appellant, shall describe the nature of the decision being appealed, and shall be signed by the appellant. Such appeal shall be filed with the Chief of Police within ten (10) days (Sundays and legal holidays excepted) of the date of service of notice of denial, revocation or suspension. Upon the filing of an appeal, the Chief of Police shall forthwith notify the Chairman of the Gaming Commission of such filing. The Chairman shall call a meeting of the Commission to hear the appeal, which meeting shall commence not later than thirty (30) days (Sundays and legal holidays excepted) from the date the appeal was filed. The Chief of Police shall serve notice of time and place of hearing by United States mail (registered or certified) at the appellant's last business address given in the application not less than ten (10) days prior to the date of hearing. The Commission shall hear such evidence as may be adduced by the appellant and the Chief of Police pertinent to the issue of good cause for denial, suspension or revocation of the license or permit. After hearing such evidence, the Commission shall deliberate and determine the issue presented. The Commission may (1) grant the appeal and overrule the action of the Chief of Police, or (2) deny the appeal and sustain the action of the Chief of Police, or (3) change, modify, or amend such action. The Gaming Commission's decision shall be in writing.

Any decision of the Gaming Commission in a proceeding dealing with the denial, suspension or revocation of a gaming license (but not a dealer's permit) may be appealed by the applicant or Chief of Police to the Town Council subject to the conditions and procedures following:

a. Notice of appeal shall be in writing and filed with the Town Council within ten (10) days after receipt of notice of the action by the Gaming Commission from which the appeal is taken.

b. The Town Council shall set the appeal for hearing. The hearing shall begin not less than twenty (20) nor more than sixty (60) days after the date of filing of the notice of appeal. The Town Clerk shall give not less than ten (10) days written notice to the Chief of Police and to the appellant of the time and place of the hearing of the appeal.

c. The Town Council shall hear such evidence as is adduced by the appellant and the Chief of Police bearing upon the issue, and upon conclusion of the hearing shall deliberate and render its decision. The Town Council may affirm, reverse or modify and its decision shall be final.

Any violation of this section, upon convicting, shall be liable to the penalty for a misdemeanor.

a. Private Games. This article shall not apply to occasional private games, otherwise lawful, carried on for purely social purposes in any private home.

b. Clubs. The provisions of this article shall not apply to any incorporated or chartered fraternal, labor, benevolent or charitable organization or to any religious association, which organization or association has been continuously carrying on within the Town, the activities for which it was organized for a period of not less than two (2) years. No advertising or advertising signs shall be permitted in connection with the gambling operation, and no charge may be made for any of the facilities used for gambling.

The Chief of Police is authorized, but not required, to establish rules of conduct and procedure pertaining to gambling and to present that summary to the Gaming Commission for approval. After the Gaming Commission has approved the rules, all licensees shall post the rules in a conspicuous place to the reasonable satisfaction of the Chief of Police. Any rules established by the Chief of Police and approved by the Commission shall implement the purposes and provisions of the article. All persons shall comply with the rules.