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HomeMy WebLinkAbout1991 100 CC RESO1991 100 CC RESO(Ìì¼Æ RESOLUTION NO. 91-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE QUESTION WHETHER AN ORDINANCE WHICH ALLOWS A CARD CLUB IN THE CITY OF BALDWIN PARK IN WHICH GAMES PERMITTED BY LAW, SUCH AS DRAW POKER, LOW-BALL POKER AND PANGUINGUE PAN) ARE PLAYED, BE ADOPTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992, AS CALLED BY RESOLUTION NO. 91-95. WHEREAS, a General Municipal Election on Tuesday, April 14, 1992 has been called by Resolution No. 91-95; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the adoption of the ordinance allowing card clubs in the City of Baldwin Park in which games permitted by law, such as draw poker, low-ball poker and panquingue pan) are played; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: MEASURE A Shall the Ordinance which allows a card YES club in the City of Baldwin Park in which any games permitted by law, such as draw poker, low-ball poker and panguingue pan) are played, be adopted? NO SECTION 2. That the proposed measure submitted to the voters is attached as Exhibit A. SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON DECEMBER 18, 1991. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Resolution No. 91- 100 Page 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the December 18, 1991, by the following vote: AYES COUNCILMEN KEYSER,MAYOR LOWES,GALLEGOS, NOES COUNCILMEN IZELL,MCNEILL ABSENT: COUNCILMEN NONE BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ EXHIBIT A" ORDINANCE No. AN ORDINANCE OF THE PEOPLE OF THE CITY OF BALDWIN PARK ADDING DIVISION III, CHAPTER 5.60 TO TITLE 5 OF THE MUNICIPAL CODE RELATING TO CARD CLUBS THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: Division III, Chapter 5.60 is hereby added to Title 5 of the Municipal Code to read as follows: DIVISION III. GAMING CLUBS Chapter 5.60 CARD CLUBS 5.60.010 Definitions. For the purpose of this chapter, the words and phrases set forth in this section shall have the following meanings ascribed to them unless the context clearly requires to the contrary: A. Applicant" means any person who has filed an application seeking to be approved by the City as having an ownership interest in a licensed card Club or as being employed by a Card Club in any capacity, or a person seeking approval of Pointholder status. B. Card Club" means a business or enterprise licensed under the provisions of this chapter for the playing of card games, and shall include any business activities incidental thereto that are conducted on the premises, such as, but not limited to, food, beverage and valet services. C. Card Room" means and includes that area or areas within the Card Club in which card games are conducted. Any License issued hereunder shall designate such card room areas. D. Commence" means and includes commence, begin, initiate, start, open and establish. E. Conduct" means and includes conduct, transact, maintain, prosecute, practice, manage, operate and carry on. F. Conviction" or Convicted" means a plea of guilty, a final verdict of guilty, or a conviction following a plea of nob contender. G. Employee" means every person who is an agent of a Card Club licensee or who acts under the direction of an owner or other employee of a Card Club licensee or of a business conducted on the premises of a Card Club. H. Filing and Processing Fees" means the imposition, by the provisions of this chapter, and/or a City council Resolution, of fees and/or deposits to be used for the purpose of reimbursing the City for its costs of administering the provisions of this chapter. I. Game" means any game permitted to be played at a Card Club pursuant to the Penal Code and this chapter. J. Gross revenue of the card game business" means and includes seat rental fees, tournament fees and any and all other table revenues, but shall not include fees charged to players that are returned to the players as tournament or jackpot bonuses. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance NO. Page Two K. License" means License issued pursuant to this chapter allowing the operation of a Card Club. L. Licensee" means the holder of a License. M. License Fees" means business license taxes levied upon each Licensee, pursuant to this chapter. N. Owner" means every person, firm, association, partnership, corporation, or other entity having any interest, legal or equitable, in any Card Club or Card Club License. 0. Person" means and includes a natural person, or any other legal entity. P. Playing cards" or card games" means the playing of a game at a Card Club. 1. Playing cards" or card games" also means the playing of any additional game or games, whether or not such games involve the use of cards, which are authorized by City Council Resolution as hereinafter provided. 2. The City Council, in its discretion, by resolution adopted by not less than three affirmative votes of its members may authorize the playing of any additional card game or games that are not prohibited and made unlawful by Chapter 9 or chapter 10 of Title 9 of Part 1 of the Penal Code, or other provisions of state law. Q. Pointholder" means any person having any interest whatsoever, or at all, in the ownership of a Card Club, whether legal, equitable, or of whatsoever kind or character, including, but not limited to, trust beneficiaries, mortgage holders, or stockholders of a corporation to whom a License is issued. R. Purport to commence" and purport to conduct" means and includes any showing, representation, indication or action which: 1. By means of sign, advertisement or advertising matter, whether in, upon or about any premises or otherwise; or 2. By the appearance or arrangement of any premises; or 3. By acts or statements of any person, or by the agents, servants, or employees of any person, indicates, suggests, holds out or represents that any person is, would be, or appears to be conducting or in a position to conduct any business referred to in this chapter within the city. 5.60.020 Licenses Required. A. It shall be unlawful for any person to commence or conduct, or purport to commence or conduct, within the city, any business, activity, enterprise, undertaking, or place, where tables or other items or units of furniture are used directly or indirectly for playing cards or card games for which a fee, commission, or compensation is directly or indirectly charged, accepted, or received from players or participate in any such playing of games, unless such person shall first obtained a License to do so under and in compliance with the provisions of this chapter. B. No application form for a License for a Card Club shall be received, filed or processed by the City Manager when the total number of current and valid License for card Clubs in the City, equals the total permitted pursuant to Section 5.60.130 of this chapter. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Three 4.60.030 Licenses Applications. Any person desiring or proposing to commence or conduct any business, activity, enterprise, undertaking, or place named, designated, specified or referred to in this chapter for the playing of cards or card games shall file with the City Manager a written application for a License to do so as required by the provisions of this chapter. Concurrently with the filing of the application, each person identified therein shall be fingerprinted by the City Manager or his designee, and no application shall be deemed filed until the fingerprinting is completed. Each such application shall contain and clearly and truthfully, under oath or affirmation, set forth and show, in addition to such other information as the City Manager shall require, the following information: A. The date of the application; B. The true name of the applicant, and any other names by which the applicant is or has been known; C. The status of the applicant as being an individual, firm, association, partnership, joint venture or corporation; D. If the applicant is an individual, the residence and business address of such applicant; E. If the applicant is other than a natural person, the true name, residence and business address of each pointholder, partner, principal, joint venturer or officer of the applicant; and any other names by which said pointholders, partners, principals, joint venturers, or officers have been or are known; F. A full and complete financial statement of the applicant, whether it is an individual, corporation, partnership, or other entity and a full and complete financial statement of each pointholder, partner and officer of the applicant; provided, the financial statements required by this subsection shall be deemed confidential in character and shall not be open to public inspection but shall be available to those city officials having jurisdiction over the provisions of this chapter, to those state officials having jurisdiction over card clubs pursuant to the Gaming Registration Act of the state and to any court of competent jurisdiction where any matter relating thereto may be actually pending; a. The type and nature of the card games proposed to be played; H. The number of tables or other units to be placed, employed or used; I. A copy of the proposed player' house rules; J. The proposed location of the business for which the License is sought, and evidence of ownership or control of said proposed location; K. A description of any other business conducted or proposed to be conducted at the same location; L. A description of the building proposed for such usage; N. A statement that such building will conform to all laws of the state and the city for occupancies of the nature proposed; N. A statement that no intoxicating liquors or beverages are to be sold, given away, dispensed, consumed or otherwise permitted in the Card Room except pursuant to authorization contained in the License granted by the City Council, which authorization may be revoked in the sole discretion of the City Council. Except as otherwise authorized by the City council, the specific location for the dispensing of alcoholic BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Four beverages shall be confined to bar and cocktail lounge areas, and restaurant and coffee shop areas; 0. A statement that the Applicant understands that the application shall be considered by the city council only after a full investigation and report have been made by the city Manager. P. 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 the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, shall render any License therefor subject to immediate suspension or revocation; Q. A statement that the Applicant has read the provisions of this chapter and particularly the provisions of this section and understands the same; and R. A statement that the city Council shall not consider any application for any license contemplating less than a minimum of thirty-five) tables or units. 5.60.040 License Corporations. In addition to the above, Licenses may be issued to a corporation, provided that: A. All corporations shall be required to obtain approval as if they were seeking approval of pointholder status, pursuant to Sections 5.60.190 et seq. hereof; and B. No person shall be eligible to be an officer or hold any stock in such a corporation unless they obtain approval as a pointholder pursuant to Sections 5.60.190 et. Seq. 5.60.050 License Fees and Deposits. The City council, by resolution, shall set, from time to time, the amount to be charged for filing and processing fees and deposits. No application for a License or for approval of pointholder status or for approval of an employment identification card, or appeals related thereto, shall be accepted or processed unless accompanied by the required filing and processing fee or deposit. 5.60.060 Initial and Quarterly License Fees. A. In case of any new application, an initial License Fee of Forty Thousand Dollars) shall be paid as follows: 1. Twenty Thousand Dollars $20,000.00) shall be paid in advance to the city when the License is issued. 2. The balance of Twenty Thousand Dollars $20,000.00)) shall be payable in advance to the city prior to commencing or conducting business pursuant to the License. B. Subsequent to commencing or conducting business pursuant to the License, a quarterly License Fee of Twenty Thousand Dollars $20,000.00)) shall be payable in advance each quarter of each calendar year on: January 1st, April 1st, July 1st, and October 1st. C. The initial and quarterly License Fee referred to in this section shall become the absolute property of the City and shall not be refunded to any Licensee, nor shall any such fee be prorated in any manner whatsoever, and in the event of the cessation of such business, whether voluntary or involuntary, no refund of the initial or quarterly fee shall be made. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ ordinance No. Page Five 5.60.070 Gross Revenue License Fees. A. Monthly Fee. In addition to the basic License Fees prescribed by Section 5.60.060 of this chapter, each Licensee, licensed pursuant to the provisions of this chapter, shall pay to the city a monthly fee, based upon the total monthly gross revenue of the card game business so licensed, according to the following graduated schedule: Total Monthly Gross Monthly Fee Based on Revenue the Following Per- centage of Total Monthly Revenue $200,000.00 or less 7.0% 1) $200,000.00 but less than $210,000.00 7.5% 2) $210,000.00 but less than $220,000.00 7.6% 3) $220,000.00 but less than $230,000.00 7.7% 4) $230,000.00 but less than $240,000.00 7.8% 5) $240,000.00 but less than $250,000.00 7.9% 6) $250,000.00 but less than $260,000.00 8.0% 7) $260,000.00 but less than $270,000.00 8.1% 8) $270,000.00 but less than $280,000.00 8.2% 9) $280,000.00 but less than $290,000.00 8.3% 10) $290,000.00 but less than $300,000.00 8.4% 11) $300,000.00 but less than $310,000.00 8.5% 12) $310,000.00 but less than $320,000.00 8.6% 13) $320,000.00 but less than $330,000.00 8.7% 14) $330,000.00 but less than $340,000.00 8.8% 15) $340,000.00 but less than $350,000.00 8.9% 16) $350,000.00 but less than $360,000.00 9.0% 17) $360,000.00 but less than $370,000.00 9.1% 18) $370,000.00 but less than $380,000.00 9.2% 19) $380,000.00 but less than $390,000.00 9.3% 20) $390,000.00 but less than $400,000.00 9.4% 21) $400,000.00 but less than $410,000.00 9.5% 22) $410,000.00 but less than $420,000.00 9.6% 23) $420,000.00 but less than $430,000.00 9.7% 24) $430,000.00 but less than $440,000.00 9.8% 25) $440,000.00 but less than $450,000.00 9.9% 26) $450,000.00 but less than $460,000.00 10.0% 27) $460,000.00 but less than $470,000.00 10.1% 28) $470,000.00 but less than $480,000.00 10.2% 29) $480,000.00 but less than $490,000.00 10.3% 30) $490,000.00 but less than $500,000.00 10.4% 31) $500,000.00 but less than $510,000.00 10.5% 32) $510,000.00 but less than $520,000.00 10.6% 33) $520,000.00 but less than $530,000.00 10.7% 34) $530,000.00 but less than $540,000.00 10.8% 35) $540,000.00 but less than $550,000.00 10.9% 36) $550,000.00 but less than $560,000.00 11.0% 37) $560,000.00 but less than $570,000.00 11.1% 38) $570,000.00 but less than $580,000.00 11.2% 39) $580,000.00 but less than $590,000.00 11.3% 40) $590,000.00 but less than $600,000.00 11.4% 41) $600,000.00 but less than $610,000.00 11.5% 42) $610,000.00 but less than $620,000.00 11.6% 43) $620,000.00 but less than $630,000.00 11.7% 44) $630,000.00 but less than $640,000.00 11.8% 45) $640,000.00 but less than $650,000.00 11.9% 46) $650,000.00 but less than $660,000.00 12.0% 47) $660,000.00 but less than $670,000.00 12.1% 48) $670,000.00 but less than $680,000.00 12.2% 49) $680,000.00 but less than $690,000.00 12.3% 50) $690,000.00 but less than $700,000.00 12.4% 51) $700,000.00 but less than $710,000.00 12.5% 52) $710,000.00 but less than $720,000.00 12.6% 53) $720,000.00 but less than $730,000.00 12.7% 54) $730,000.00 but less than $740,000.00 12.8% 55) $740,000.00 but less than $750,000.00 12.9% 56) $750,000.00 and over 13.0% BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Six B. Statement of Revenue. Each Licensee shall file with the City before the 15th day of each calendar month, a statement under oath, showing the true and correct amount of gross revenue derived from the card game business licensed by the Licensees issued to or held by such Licensee for the preceding calendar month. Such statement shall be accompanied by the payment of the correct amount of license fee due and owing in accordance with the provisions of subsection A of this Section, and such sums correctly reflecting the monthly fees payable for the preceding month shall be accepted by the City, subject, however, to the right of the City to audit the matters referred to in the statement and to determine the correctness of the figures set forth in such statement and the amount payable to City pursuant to the provisions of subsection A of this Section. In addition to the foregoing, a certification shall be attached to the statement, or included therein, which certification or declaration shall be substantially in the following form: I hereby declare under penalty of perjury that the foregoing is true and correct. Licensee, Managing Partner or Owner Strike out the titles which are not applicable) I, C. Audit of Records. The books, records and accounts of any Card Club may be audited by the City. Such an audit shall be performed by a qualified accountant selected by the City Manager and approved by the City Council. Any information obtained pursuant to the provisions of this Section or any statement filed by the Licensees shall be deemed confidential and shall not be subject to public inspection except as required by law or in connection with the enforcement of the provisions of this code, but shall be available to persons charged by law with the administration of the provisions of this Code or pursuant to the order of any court of competent jurisdiction. D. Refusal to Display Records. Any failure or refusal of any such Licensee to make and file any statement as required within the time required to pay such sums by way of License Fees when the same are due and payable in accordance with the provisions of this Code, or to permit such inspection of such books, records and accounts of such Licensee shall be full and sufficient grounds for suspension and revocation of the License of any such Licensee. 5.60.080 Investigations and Reports. A. Investigations Required. whenever an application has been filed with the City Manager for a License pursuant to the provisions of this chapter, the City Manager shall make an investigation as follows: 1. A full and complete investigation of the Applicant including its pointholders, partners and officers); 2. A full and complete investigation of the building and location where the Applicant proposes to conduct such business or activity; and 3. A full and complete review as to the type of tables or units to be used at, or in connection with, the proposed business and the rules for and type of games proposed to be played, which review shall also include the proposed locations of the tables or other units in, within, or about the proposed place of business. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ  Ordinance No. Page Seven 4. A determination that the Applicant, and each pointholder thereof, has obtained, or will obtain, prior to City council action on the application, valid registration from the Attorney General pursuant to the Gaming Registration Act. B. Reports Required. The city Manager shall make such investigation with reasonable promptness and shall report to the City Council with reference thereto in due time, and shall make investigations with reasonable promptness as to all matters within his jurisdiction concerning the public health, welfare and safety as may be concerned with such application. 5.60.090 Granting and Denial of Application. A. Consideration by City Council. Whenever an application for a License is presented to the City Council, and the deposits required by this chapter in connection therewith have been made with the City Manager, the City Manager, the City Council shall cause to be given at least ten days published notice of its intent to consider whether such License should be issued. The City Council shall also give at least five days mailed notice to the applicant of the time and place of such hearing. B. Decision of City Council. The city council may, in its discretion, either approve the application and grant the License applied for or deny the application. C. License Conditions. Any such License granted by the city council shall be deemed issued subject to all the terms, conditions, and provisions of this chapter, as well as all applicable laws of the City, state and Federal governments; the Council may impose additional conditions as may be reasonably necessary to ensure compliance with this chapter. D. Decision of City Council Final. The decision of the city council shall be final and conclusive. 5.60.100 Denial of Application. A. The city council shall deny issuance of any license under the provisions of this chapter in any of the following cases: 1. If the proposed business or activity to be operated is or will be in violation of any federal, state, or city law or regulation; or 2. If the games for which a License is applied for are unlawful; or 3. If the building and premises will not conform to Rules of Section 5.60.160, and the building and zoning regulations of the city; or 4. If the Applicant, and each pointholder thereof, has not first obtained a valid registration from the Attorney General pursuant to the Gaming Registration Act; or 5. If any Applicant, including a partner, joint venturer, or principal, has been convicted of any crime involving moral turpitude, illegal gambling or gaming activities, or has been convicted of a crime punishable as a felony; or 6. If any Applicant has made any false statement in the application or as to any other information presented as part of the application process; and 7. If any Applicant does not have the financial capability or business experience to operate a Card club in a manner which would adequately protect the patrons of the Card Club and the citizens of the community. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ  Ordinance No. Page Eight B. Pursuant to Section 5.60.090, the city council, in its sole discretion, may deny issuance of a license for any other reason, with or without specification of cause. 5.60.110 Issuance of licenses. If the action of the city council on any such application is to grant the same, the city manager shall thereupon issue the necessary licenses and renewals of licenses, upon payment of the required fees therefor. 5.60.120 Expiration of licenses. A. License. Every License issued pursuant to the provisions of this chapter shall be dated as of the day upon which the same is issued and unless sooner revoked, shall stay in effect until the License is either surrendered, suspended, or evoked. A License, and all rights of the Licensee hereunder, shall expire and be revoked by operation of law if the Licensee fails to commence operation of a card Club within 36) months of the date of issuance of the License; provided, however, that upon payment of the balance of the initial License fee within the 36) month period, the License shall be extended to the due date of the next quarterly License fee which said License fee shall be due and payable notwithstanding that the Licensee has not commenced operation of a card Club), and the License shall continue to be extended from quarter to quarter upon payment of each quarterly License fee. If the Licensee fails to timely pay any quarterly License fee that is due and payable, or if the Licensee fails to commence operation of a card club within 48) months from the date of issuance of the License, the License, and all rights of the licensee thereunder, shall expire and be revoked by operation of law. B. Refund. In the event of surrender, suspension, revocation, or expiration, no License deposit or fee, or any portion thereof, shall be refunded. 5.60.130 Number of Licenses limited. The number of current Licenses for card games in the city authorized and outstanding, when added together, shall not at any time exceed a total of one such license for each one hundred) thousand persons residing in the city, as shown by the last available census. 5.60.140 Transfer and assignment of Licenses. Any transfer or assignment of any License shall be considered for all purposes in the same manner as a new application for a Card Club License in the city and all the provisions of this chapter applicable to new and original application shall apply. 5.60.150 Suspension and revocation of Licenses, Fines. A. General. All Licenses issued pursuant to the provisions of this chapter shall be subject to suspension or revocation in the time and manner set forth in this section. B. Grounds. Any License issued pursuant to the provisions of this chapter shall be suspended or revoked if it is found, in the time and manner hereinafter described: 1. The Attorney General of the state has suspended or revoked a Licensee's registration under the Gaming Registration Act of the state; or 2. A Licensee or any agent or employee thereof, has violated, or permitted, allowed or caused the violation of any provision of this chapter, any regulation issued pursuant to this chapter, or any state law or regulation relating to the operation of a card Club; or 3. A Licensee has failed to pay, when due and payable, any of the License fees or other fees provided for in this chapter; or BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ  Ordinance No. Page Nine 4. A Licensee, or any agent or employee thereof, has permitted, allowed or caused any violation of any condition of approval imposed upon the issuance of such License; or 5. A Licensee has made any fraudulent statement as to a material fact on an application form, or as to any other information presented as part of the application process. C. Fines. In the event of a violation described in p.- subsection 3(2), 3), 4) or 5) of this section, a fine, not to exceed ten thousand dollars) for each violation, may be imposed on the Licensee in lieu of suspension or revocation. D. Action of City Manager. Whenever the city manager has information that a violation, constituting a ground for suspension, revocation or fine has occurred, he shall forthwith investigage the same. If he determines that such a violation has occurred, he shall forthwith set the matter for consideration by the city council at its next most convenient meeting. He shall give notice of the time and the place of the hearing before the city council to the Licensee not less than five days in advance of the date set by him for such hearing. E. Hearing. At the time set for such hearing, the city council shall hear the evidence presented by the city manager, purporting to show that grounds exist for suspension, revocation or a fine; thereafter, the city council shall permit the Licensee, and any other interested person, to existence of such evidence as may be relevant to dispute the existence of such facts. The city council may continue the hearing from time to time, and if the city council is satisfied that probable cause for revocation exists and that continued operation of the card Club jeopardizes, or threatens to jeopardize, the public welfare, may suspend the License pending the conclusion of the hearing. F. Decision of City Council. If based upon the evidence presented, the city council finds that facts are presented which constitute grounds for suspension or revocation, it shall suspend or revoke the license or, in lieu of revocation or suspension, in the event of a violation described in subsection 3(2), 3), 4), or 5) of this section, impose a fine, not to exceed ten thousand dollars) for each violation. If it finds that such facts are not present, it shall dismiss the proceedings. The decision of the city council shall be final and conclusive. 5.60.160 Rules and regulations. The following rules and regulations are established and promulgated by the city council with reference to card games for which Licenses are issued under the provisions of this chapter. Licensees holding or obtaining Licenses under the provisions of this chapter shall, in writing, agree to be bound by and observe each and all of the provisions of this chapter relating to such Licenses. RULE NO. it No Licensee shall use, operate or permit the use or operation of more tables or units than allowed pursuant to its License. RULE NO. 2: A. No Licensee shall permit any person to play in any game licensed by the provisions of this chapter at any time while such person appears to be, or, in the opinion of the Licensee or duly authorized agents or employees, is under the influence of intoxicating liquor or drugs and no person under, or who appears to be under, the influence of intoxicating liquor or drugs shall play in any such game. B. No Licensee shall permit any person to enter the premises while such person appears to be, or, in the opinion of the Licensee or duly authorized agents or employees, is under the influence of intoxicating liquor or drugs. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ 1991 100 CC RESO(Ìì¼Æ  Ordinance No. Page Eleven A. Other than dealing the cards and making collections as set forth in this section, shall not participate in any way in the game, shall not bet, and shall not take a percentage of the winnings; B. Shall collect the established seat rental fee provided for in Section 5.60.170 and segregate and secure said amounts for collection purposes; and C. Shall comply with regulations promulgated by the city manager concerning periodic rotation and identification standards. RULE NO. 14: The giving of credit or lending of anything of value to a patron and the cashing of checks of patrons shall be permitted only if the Licensee's written check cashing and credit policies are submitted to and approved by the city manager. No credit shall be extended to city employees or officers. RULE NO. 15: Licensees holding valuables for safekeeping may do so only under the following conditions: A. Only cash may be held; no other valuables, including coins or paper money worth more than face value, may be held. B. Money deposited shall be secured by cash or other liquid assets or a security bond. Such security shall be sufficient to cover all money deposited. C. No person may deposit money for safekeeping without the written approval of a managing employee of the Licensee approved by the city manager. Money may be deposited or withdrawn only by the person named on the account. Accurate records of all deposits and withdrawals shall be kept for a period of not less than two years. No person shall hold more than one account at any one Card Club. D. The actual deposits held and the records of all transactions shall be available for inspection by the city manager or law enforcement official upon demand. 5.60.170 seat rental fees. The city council, by resolution, shall determine and set seat rental rates entitling persons to play in games authorized by this chapter. Except in a duly authorized tournament, no Licensee shall charge any person a sum less than that as approved by city council resolution, as and for seat rental, entitling such person to play such game. 5.60.180 Registration, fingerprinting, photographing and approving employees of licensed Card Clubs. A. It is unlawful for any licensed card Club in the city to employ any person who does not have a valid, unsuspended and unrevoked employment identification card, bearing the employee's photograph, issued by the chief of police or his designee. B. Any person wishing to obtain an employment identification card shall file an application with the chief of police. The application shall be complete in all respects and shall include photographing and fingerprinting. A processing fee in an amount set by the city council shall be paid to the city for such fingerprinting and photographing, issuance of the identification card and for a background investigation to be conducted by the chief of police. C. Each application shall contain, in addition to such other information as the chief of police shall require, the following current information under penalty of perjury: 1. Residence address during the past five years; BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Twelve 2. Current occupation or employment; 3. Employment during the past five years; 4. Physical characteristics, including age, date of birth, height, weight, and color of hair and eyes; 5. Driver's license and social security numbers; 6. A history of all arrests and convictions for any felony or misdemeanor offense, other than traffic violations, and of violations of any municipal codes or ordinances within the past ten years; and 7. A current full face photo. D. The chief of police shall process the application and may approve, conditionally approve, or deny such application. The chief of police shall deny an application for an identification card in the following cases: 1. If the applicant has been convicted of any crime punishable as a felony; 2. If the applicant has been convicted of an offense involving dishonesty; 3. If the applicant has engaged in bookmaking, loan sharking, or other illegal gambling activities or has been convicted of an offense involving such activities; 4. If the applicant is not a person of good character, integrity, and honesty; 5. If the applicant has made any false statement in the application or as to any other information presented as part of the application process; or 6. If the approval of the applicant would be inimical to the interests of legitimate gaming. If an application is denied, the Licensee may appeal such denial on behalf of the applicant by written notice to the city manager who shall cause a hearing to be held within thirty days after such notice. The city manager or his designee may approve, conditionally approve, or deny such appeal. The hearing officer's decision shall be final and conclusive. The cost of such hearing shall be borne by the licensee. E. An employment identification card may be suspended or revoked under the following circumstances: 1. The commission of any act which would have been grounds for the denial of an identification card pursuant to subsection D of this section; or 2. The violation of any condition imposed in issuing such identification card. The identification card may be immediately suspended by the chief of police if the offense is such to cause an immediate threat to the public welfare. Such immediate suspension shall remain in effect for seven days or until a final decision is rendered by a hearing officer appointed by the city manager, whichever occurs first. The hearing officer may suspend or revoke an identification card after a hearing following five days' notice to the employee. The employee shall be permitted to submit any relevant evidence to the hearing officer. The decision of the hearing officer shall be final, and all costs shall be borne by the employee. F. Unless specifically expected by the chief of police in writing, each employee, at all times while acting within the scope of his employment on the Card Club premises, other than an BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Thirteen employee participating in a game in accordance with Section 5.60. 210D5 of this chapter, shall wear in a prominently visible place upon his person the identification card issued by the city. A violation of this Section is a misdemeanor, and any employee on duty who is in violation of this provision shall be summarily removed from the premises by the Licensee upon the direction of the Baldwin Park police department. 0. The information received by the city pursuant to the provisions of this section shall be treated as confidential and shall be accessible only to those city officials having jurisdiction over the provisions of this chapter, and to management personnel of the Licensee. 5.60.190 Pointholders--Applications for sale or transfer of points. A. It is unlawful for any Licensee or any person having any interest whatsoever or at all in the ownership of a card club, whether legal or equitable, or as trustor or trustee, or of whatsoever kind or character, to sell or transfer such points and/ or interest without the consent and permission of the city council first had and obtained. B. Any person desiring to sell, transfer, assign, or otherwise hypothecate any point or interest in a Card Club duly licensed pursuant to the provisions of this chapter shall file with the city manager a written application for permission to transfer such interest, as is hereinafter described. Each such application shall contain and clearly and truthfully set forth, under oath and/or affirmation, and show, in addition to such other information as the city manager and/or the city council may require, the following information: 1. The date of the application; 2. The true name of the applicant and proposed purchaser or transferee, and any other name by which the proposed purchaser or transferee has been known; 3. The status of the proposed purchaser or transferee as being an individual, corporation, association, partnership, joint venture, trustor or trustee; 4. The residence and business address of the proposed purchaser or transferee, if an individual; 5. If the transferee is other than an individual, the true name, residence and business address of each of the proposed purchaser or transferee pointholders, partners and officers; 6. A full and complete financial statement of the proposed purchaser or transferee, whether it is an individual, corporation, partnership or other entity, and a full and complete financial statement of each proposed purchaser or transferee pointholder, partner or officer; provided, the financial statements required by this subsection shall be deemed confidential in character and shall not be open to public inspection, but shall be available to those city officials having jurisdiction over the provisions of this chapter and to any court of competent jurisdiction where any matter relating thereto may be actively pending; 7. The name of the licensed Card Club for which a transfer of interest or point is sought; 8. The number of points and/or the nature of interest sought to be sold, transferred, assigned or otherwise hypothecated; and 9. A statement that the application will be considered by the city council only after a full investigation and report has been made by the city manager and the report of investigation forwarded to the city council. BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Fourteen C. Investigation Required. Whenever an application pursuant to the provisions of this section has been filed with the city for a sale or transfer pursuant to the provisions of this section, the city manager shall promptly and diligently make an investigation and shall report to the city council with reference thereto within sixty days from the filing of the application, as follows: 1. A full and complete investigation of the proposed purchaser or transferee including the proposed pointholders, partners or officers), including a determination that the proposed purchaser has obtained, or will have obtained, from the Attorney General a valid registration pursuant to the Gaming Registration Act of the state; 2. Concurrently with the filing of the application, each person named in the application as a proposed purchaser or transferee, or pointholder, partner or officer thereof, shall be fingerprinted by the city manager or his designees, and no application shall be deemed filed until the fingerprinting is completed. D. License Fees. Each such sale or transfer application shall be accompanied by a processing fee in the amount as established by resolution of the city council, to cover the cost of the investigation. The fee shall be the property of and be retained by the city, whether the application for sale or transfer is granted or denied. E. Granting or Denial of Application. 1. Consideration by city Council. Whenever an application for such a sale or transfer is presented to the city council, the city council shall consider such application on the same basis as is applicable to a new License application. 2. Decision of the City Council. The city council shall not approve an application if the proposed purchaser has not first obtained a valid registration from the Attorney General pursuant to the Gaming Registration Act. Otherwise, the city council may in its sole discretion either approve, conditionally approve, or deny the application with or without specification of grounds. The decision of the city council shall be final and conclusive. 3. Applicant's Acceptance of city Council's Decision. The applicant shall agree as part of this application that the sole and exclusive discretion as to the granting or denial of any such application shall be vested in the city council. 5.60.200 Pointholders Up-dating of investigations Dives tments. A. All pointholders holding points in any Card Club, as well as the partners or officers of such Card Clubs, whether or not they hold any points in such Clubs, shall have their background investigations updated annually and regularly thereafter pursuant to a schedule established by the city manager. such up-dating shall consist of a check by teletype to Criminal Investigation and Identification in Sacramento, California, and the filing by each Licensee, pointholder, and partner or officer thereof, of updated financial statements. A fee as may be established by resolution of the city council, for each pointholder so investigated shall be paid to the city by the respective Card Clubs or Licensees on a semiannual basis to cover the costs of such investigations. B. Any person having any interest whatsoever or at all in the ownership of a Card Club, whether legal or equitable, or a trustor or trustee, or of whatsoever kind or character, who has not previously submitted to the procedure required under section 5.60.190 B) through E), shall file, as a prerequisite to the continued holding of an ownership interest, the application to BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Fifteen be investigated, shall pay the fee, and shall be reviewed by the city manager and city council as provided in that section for persons applying for new ownership interest. If the city council denies any application, within one hundred twenty days after the receipt of a notice of such denial, said person shall divest himself or herself of such ownership interest. C. 1. The approval of a pointholder may be revoked by the city council after a hearing held not less than thirty days after notice has been given to the pointholder if the city council finds that: a. The Attorney General of the state has suspended or revoked the pointholder's registration under the Gaming Registration Act of the state; or b. A pointholder has violated, or permitted, allowed, or caused the violation of, any provision of this chapter, any regulation issued pursuant to this chapter, any condition of approval imposed upon the issuance of the Card Club License, or any state law or regulation relating to the operation of a Card club; or C. A pointholder has made any fraudulent statement as to a material fact on an application form or as to any other information presented as part of the application process: or d. A pointholder is convicted of any crime involving illegal gambling or gaming activities or moral turpitude, or is convicted of a crime punishable as a felony. 2. The city council, in making its decision, shall consider any mitigating factor presented by the pointholder. The decision of the city council shall be final. 3. The ownership interest shall be divested within one hundred twenty days after the notice of revocation. Failure to do so shall constitute a misdemeanor, and each day of noncompliance shall constitute a separate and complete offense. In addition, the city attorney may invoke appropriate civil remedies to enforce compliance. 4. No person required to divest an ownership interest in a Card Club following a revocation of approval shall transfer such ownership interest to his or her spouse, child, sibling, or parent or to his or her spouse's child, sibling or parent without the approval of the city council. 5.60.210 Unlawful act. A. Unlawful Locations. It is unlawful for any person to play, or permit the playing, of any game regulated or referred to by the provisions of this chapter at any place within the city, except a place operated under a permit and licensed under Licenses held or issued pursuant to the provisions of this chapter. B. Unlawful Games. It is unlawful for any person to play in, or permit the playing of, any game at any place licensed pursuant to this chapter which game is not permitted by the provisions of this chapter, or in any game played in violation of this chapter. C. 1. Unlawful Attractions. A licensee shall have the right to advertise in the newspaper, over the radio and television, and in any other legal way the Licensee sees fit; provided, however, that it is unlawful for any Licensee, without the written approval of the city manager first had and obtained, to directly or indirectly offer, furnish, provide, afford, show, exhibit, or distribute, or permit the offering, furnishing, providing, affording, showing, exhibiting or distributing, to any person in, upon or about such licensed card clubs, any money, merchandise, entertainment, or any combination thereof, or any representative thereof, or of value, or the use of any object as a free gift, premium, attraction, enticement or reward to enter or remain in or attend or participate in any game or activity BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Sixteen conducted therein, whether the same is distributed by lot, or is offered, furnished, provided or distributed free of any fee or charge as a gift, except in a duly authorized tournament; provided, however, that the playing of standard radio broadcast programs, or the showing and playing of regular standard televised broadcasts, or the playing of standard recorded music or programs or wired musical programs shall not be deemed a violation of this section. 2. City Employees and Officers. It is unlawful to provide gratuities, goods or services in, upon or about the Card Club to city employees or officers at reduced or no cost, except in connection with general promotions approved by the city manager as provided above. D. Operation of Card Clubs. It is unlawful for any operator of a Card Club permitted under this chapter or for any owner, principal employee or agent of a Card Club permitted under this chapter; 1. To lend money or extend credit to any person for the purpose of enabling such person to participate in games in the Card Club or to replenish all or any portion of any funds lost by any person in such game, except as provided in Section 5.60. 160, Rules No. 14 and 15; 2. To allow to be wagered by any player any amount in excess of the posted wagering limit for the table at which the player is then playing, except as is specified in the players' house rules; 3. To permit more than eight persons other than a house dealer who is not playing in the game) to be seated at one time or to play at any table where draw poker, draw poker lowball or panguingue) is being played; 4. To knowingly permit any unlawful activity to take place upon the premises of the Card Club or to fail to take reasonable steps to prevent such activities from taking place, including, but not limited to, illegal gambling activities, prostitution and cheating. The Licensee shall have the power to formulate reasonable policies and procedures to control such activities, and these policies and procedures may be published in the players' house rules; 5. To permit any employee on duty to play in any of the games authorized by this chapter other than pursuant to policies of the Licensee that are disclosed in the players' house rules; 6. To derive revenues from games being played in the Card Club otherwise than from collection of a specified periodic fee from its patrons for the use of the Card Club facilities for incremental periods of time. This prohibition does not apply to any owner, principal, employee, or agent who is participating in a card game as a player on his own account. E. Cheating. It is unlawful for any person to attempt to gain any unfair advantage for any player in a licensed card game through a fraudulent technique or mechanical or electrical device. prohibited cheating techniques include, but are not limited to, the following examples: It shall be unlawful for any person as a player or dealer to attempt to deal, draw, distribute or burn any playing cards other than the top card of a deck. It is unlawful for any person to attempt to prearrange or to shuffle any playing cards, other than in a random manner. It is unlawful for any person to attempt to alter in any way the shape, appearance, texture or number of cards in play, or to switch any card. It is unlawful for any person to attempt to use any apparatus to gain information not available to other players. 5.60.220 Exclusion of persons from Card Clubs. A. A Licensee may exclude or eject from the premises BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Seventeen any person who has been engaged in or been convicted of bookmaking, loan sharking, the sale of controlled substances, illegal gambling activities, cheating, prostitution or whose presence in or about such Card Club would be inimical to the interest of legitimate gaming. No person shall be excluded or ejected on the grounds of race, color, creed or sex. B. Any person excluded or ejected by a Licensee may appeal to the city manager as to whether the conditions for exclusion or ejection set forth in subsection A of this section are applicable. The city manager shall appoint a hearing officer who shall conduct a hearing at which time both the person excluded and the Licensee may present evidence. The decision of the hearing officer shall be final. The Licensee and appellant shall reimburse the city for the cost of holding such hearing in amounts determined by the hearing officer. 5.60.230 Games not permitted. Nothing contained in this chapter shall in any manner whatsoever operate to authorize, permit, or license, or be construed to authorize, permit, or license, in any manner whatsoever, within the city any game of keno, bridge, lotto, relaxo, skill ball, or any other game which is similar thereto, or any game prohibited by the laws of the state or the law of the city, and no city license shall be issued therefor. 5.60.240 License required. It shall be unlawful for any person to play any game of skill or chance within the city without a license first had and obtained therefor pursuant to the provisions of this chapter. 5.60.250 Games permitted. The only games permitted under this chapter shall be the games of draw poker and the game of panguingue) and no other game or games shall be played or be permitted to be played in any of the establishments licensed hereunder. 5.60.260 Administration of chapter by city manager. The city manager shall formulate in writing all necessary rules and regulations to implement and administer the provisions of this chapter, and shall do all things necessary and proper to carry out the spirit and intent of this chapter, including, but not limited to: A. Preserving and keeping all documents identified in this chapter as confidential documents so that the contents thereof shall not become known except to persons required by law to effect the administration or enforcement of this chapter; B. To promulgate and/or to require prior approval of accounting procedures to be utilized by Licensees to ensure accurate reporting of Card Club revenues: and C. Delegating the duties and powers vested in the city manager by this chapter to appropriate city employees or officers. 5.60.270 violations. It shall be unlawful for any person to violate any of the provisions of this chapter. Violations of this chapter, including any conditions, rules, or regulations issued pursuant thereto, shall be punishable as a misdemeanor and/or by suspension or revocation as specified in this chapter. Such penalties shall be cumulative and may be imposed for each violation. Each day such violation takes place shall constitute a separate offense. 5.60.280 Nonseverability. The provisions of this chapter providing for the payment of license fees, and the provisions allowing the licensing of card games within the city, shall not be severable one from the other. Should the requirements of this chapter relating to the payment of license fees, as herein set forth or as subsequently amended, be held to be invalid or unenforceable for any reason by the final judgment of a court of competent jurisdiction, then this chapter in its entirety shall thereupon become null and void, any Licenses issued pursuant to this chapter shall likewise become null and void, and the playing BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05 1991 100 CC RESO(Ìì¼Æ Ordinance No. Page Eighteen of card games within the city shall thereupon become unlawful, to the same extent as such playing was unlawful prior to the adoption of this chapter. Except as provided above, if any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions be declared invalid or unconstitutional. 5.60.290 Amendments. The city council shall have the right and power to amend any and all provisions of this chapter in its sound discretion, including, but not by way of limitation, the license fee provisions hereof, so long as any such amendments are not violative of any provisions of state law or the final judgment of a court of competent jurisdiction. The issuance by the city council of any license or licenses hereunder shall not be deemed to be a waiver by the city council of such right and power to amend this chapter. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park at a regular meeting held on the day of 199 MAYOR ATTEST: CITY CLERK BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05  Ordinance No. Page Ten RULE NO. 3: Each Licensee shall make available to any patron or potential patron of the card club, written players' house rules in booklet form that have been filed with and approved by the city manager. Except in a duly authorized tournament, no Licensee shall permit any person playing in any of the games licensed by this chapter to make any individual bet or wager in excess of the maximum bets set forth for the particular game as specified in the players' house rules. RULE NO. 4: No Licensee shall operate or use any table or unit or manage, conduct or carry on any business or activity licensed by this chapter after the tine that such License issued by the city has been or is expired, suspended or revoked pursuant to this chapter. RULE NO. 5: Each and all of the games conducted or operated in the city pursuant to the provisions of this chapter shall be conducted and operated in full conformity with, and subject to, all the provisions of the applicable laws. RULE NO. 6: No Licensee shall permit or allow any person under the age of twenty-one years to play in any game licensed hereunder, or for any nonemployee under the age of twenty-one years to be present at any time in any area of the Card club in which card games are being played. RULE NO. 7: The only games permitted to be played in a licensed club shall be the games of draw poker, draw poker lowball, panguingue) and other card games authorized pursuant to resolution of the city council. RULE NO. 8. A. The playing of all games provided for in this chapter shall be confined to all areas designated as card rooms" which shall be located on the first or ground floor of a licensed Card Club, and no playing of any game provided for or permitted by this chapter shall be permitted at any other location of such premises. B. All tables or units shall, at all times while games are being played at said tables or units, be in full view of all patrons, and no doors, screens, walls or other obstructions shall be installed or maintained so as to conceal the players at any table or unit. RULE NO. 9: No Licensee, operator, agent, and/or employee of any duly licensed Card Club shall assign, arrange for, or in any other manner sublet, the conducting of card games, directly or indirectly, with or without consideration, to any person not having a valid License to conduct such card game. Nor shall any person conduct card games as provided pursuant to the provisions of this chapter in a duly licensed Card Club not having a valid unrevoked license to conduct such game or games. RULE NO. 10: A Card Club shall be open for inspection during all hours to the city manager, or his duly authorized representative, without a search warrant. RULE NO. 11: A Card Club shall maintain for operation a minimum of thirty-five) tables, and the building housing the card club shall be no smaller in aggregate size or area under one roof than thirty thousand) square feet. RULE NO. 12: Card game tournaments shall be prohibited unless the Licensee files with the city manager, at least twenty days prior to the commencement of the tournament, a full set of rules, regulations, terms and conditions to be used in regulating or otherwise governing the operation and activities of any such tournament, including minimum and maximum bets for such tournament play, and identifying the time and place of said tournament. RULE NO. 13: If a Licensee employs convenience dealers for the convenience of the players so that no player deals, while so dealing the convenience dealer: BIB] 37650-U01 1991-U02 100-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2014-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-100-U05 DEC-U05 18-U05 1991-U05