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(A) It is hereby found and determined that the public health, safety, and welfare require that the number and location of licensed card rooms in the city be limited, and the following regulations are required to fulfill such objectives:
(1) The total number of licensed card rooms permitted in the city shall be no more than those in operation as of September 1, 2015 and licensed by the city on that date, unless otherwise limited by the Act or subsequent state law.
(2) When, pursuant to the provisions of this section, a card room license can be granted, it shall be granted or denied in the numerical order in which the application was made, all applications being subject to the provisions of this chapter.
(3) No card room license shall be granted, nor shall the transfer of the location of an existing card room license be authorized, until a use permit and the approval of the Council has first been obtained. A use permit may be granted if the proposed location will be desirable to the public convenience or welfare and will be in harmony with the zoning provisions, the General Plan, this subchapter and any specific plan and if the location is proper in relation to adjacent uses.
(4) No more than one card room license shall be issued for the downtown area. The downtown area is described as that territory bounded by the San Joaquin River to Sixth Street and L to A Streets. The Council finds that in the past an undue concentration of card rooms in the downtown area has helped lead to blighting conditions.
(5) A card room shall not be located within 1,000 feet of a public or private pre-school or K-12 school, a licensed hospital, medical clinic, alcohol or other drug abuse recovery or treatment center, or community care residential facility providing mental and/or social rehabilitation service, a public park or playground, a public library, a church or place of worship, or another card room or place where gambling is permitted. The footage distance shall be measured from the closest point on the exterior property lines of the card room establishment to the closest point on the exterior property lines of the other property. The location of a card room that was licensed and operating at that location as of September 1, 2015 is exempt from this subsection.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)
(A) Application to Commission; requirements. Every person making an application for a card room license shall submit an application under oath to the Commission for review and consideration, pursuant to the procedures and fee schedule in the Act and regulations set by the Commission. The City Council shall not consider an application for a city Card Room License until the Commission has granted a card room license to the applicant for the requested location.
(B) Application to city; requirements. Every person making an application for a card room license shall submit an application, under oath, to the Chief of Police, which shall include the following:
(1) The true names and addresses of the applicant and of all persons financially interested in the business. PERSONS FINANCIALLY INTERESTED shall include all persons who share in the profits of the business in any form;
(2) The criminal record, if any, of any of the persons named in the application;
(3) The fingerprints and photographs of the applicant and of all persons financially interested in the business;
(4) Any other information required by the Chief of Police; and
(5) Any application fee and/or deposit required under the Master Fee Schedule.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)
(A) Denial by Commission; grounds. The Commission, upon the receipt of the application, shall either grant or deny the application. Denial may be upon one or more of the grounds in the act and/or regulations set by the Commission.
(B) Denial by the Council; grounds. The Council, upon the receipt of the report of the Chief of Police, shall either grant or deny the application. A license application for a new license or the transfer of an existing license shall be denied if the Council finds one or more of the following:
(1) That the applicant or any person financially interested in the applicant or business has been convicted of a felony;
(2) That, in the opinion of the Council, the applicant or any person financially interested in the applicant or business is not of good moral character;
(3) That any of the information furnished or required in the application or submitted in connection with the application was false or misleading, or material information was omitted with the probable intent to conceal the facts; and
(4) That, in the opinion of the Council, the proposed location for the card room would be incompatible with the uses being made of the property in the immediate vicinity or injurious to the health, safety, or morals of the people of the city.
(5) That the applicant or a person financially interested in the applicant or business, does not have a state gambling license or license endorsement for the card room in good standing. For the purposes of this subsection, a license or owner’s license endorsement is not in good standing if the state license or endorsement expired without a new license or endorsement being issued prior to its expiration, the license has been suspended or revoked by the Commission, or the applicant is subject to a pending disciplinary accusation before the Commission which seeks revocation of the applicant’s state gambling license.
(C) Denial; effect. Denial of the application shall cause the applicant to lose his place on the numerical ranking list. If the applicant desires future consideration, he shall file a new application, which shall be placed at the bottom of the numerical ranking of applicants.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)
In addition to the other requirements contained in this chapter, no new license shall be issued for a card room other than in an established place of business of sufficient size and volume that the already established business is the major business of the place rather than the business of operating such card room. This section does not apply to licenses issued under § 5-4.08.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)
(A) Every person conducting, using, and/or maintaining on premises owned, used, or leased by him any card room or card tables which may be used by patrons of the premises shall pay a license fee in the amount established in the Master Fee Resolution and the fee schedule in the Act and regulations set forth by the Commission.
(B) The license fees for card tables shall be in addition to any other license fees or taxes imposed upon the established business therein.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)
If any person conducting a card room shall fail to pay the fees specified by § 5-4.06 of this article or other fees, rates or taxes pursuant to the Antioch Municipal Code or Master Fee Schedule following notice from the Finance Department that such fees are delinquent, the Director of Financial Services shall so notify the Chief of Police. The Chief of Police shall notify the licensee of the intention of the Chief of Police to revoke the card room license for failure to pay the fees, rates or taxes. If such fees, rates or taxes are not then paid within ten calendar days after such notice, the Chief of Police shall revoke such license. During the ten calendar day time period, the licensee may have the opportunity to present to the Chief of Police evidence that the amount of fees, rates or taxes being assessed is incorrect. The Chief of Police may order the adjustment of the fees, rates or taxes being imposed. If payment is made prior to revocation, a 50% penalty shall be added to the fees, rates and taxes due and owing. The remedy of revocation shall be in addition to the civil or criminal remedies available to the city.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)
(A) Except as provided in § 5-4.08 of this chapter, no card room license shall be assignable or transferable, except that a city gambling license that was in effect on September 1, 2015 for a card room in operation on that date may be transferable to the purchaser, heir or other successor in interest of that established business where the license is used and operated; however, the transferee, before operating the card room, shall obtain permission for the card room license transfer from the Council in the same manner as for an original issuance under § 5-4.04, the Chief of Police forwarding his report and recommendation to the Council prior to action being taken. The approval or disapproval of any card room license transfer permitted by this section shall be within the sole discretion of the Council based on the criteria established by this chapter and in compliance with § 5-4.04. If a request for a license transfer has not been made within 60 days after the business sale takes place, the card room license shall expire.
(B) For a license that was in effect for a card room operating on September 1, 2015, in the event the existing business to which the card room license is necessarily attached reverts to the former card room license holder because of the nonpayment of the purchase price or by reason of contract, operation of law, or otherwise, the card room license may be transferred to the former card room license holder subject to Council approval under § 5-4.04. In all other cases, the license shall automatically expire.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15; Measure E Initiative, adopted 6-7-16)
(A) The Council may suspend or revoke a card room license on any of the grounds set forth in § 5-4.04 of this chapter, on the ground that the card room business has become the main business of the establishment, or on the ground that the licensee has violated a provision of this chapter. If a card room license is not used by the operation of card tables on the premises to which the card room license is attached for a period of six consecutive months, the card room license shall automatically expire.
(B) However, a card room license may be moved from one established business location to another by the licensee provided the new location has been first approved by the Council within six months after card room activity has ceased at the premises to which the card room license was last attached. The Council may grant an additional six months for a business relocation upon a showing of hardship by the licensee.
(Ord. 2051-C-S, passed 10-25-11; Am. Ord. 2095-C-S, passed 2-24-15)
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