(A) It shall be unlawful for any licensee to employ any person to work in a card room without such person having been first registered with the Police Chief and issued a permit.
(B) Each card room employee shall present himself or herself at the Police Department during normal business hours, prior to commencement of any such employment, and be permitted. Each employee shall:
(1) Complete an application;
(2) Be fingerprinted;
(3) Present two full-face, 2-inch by 2-inch photographs of the employee;
(4) Provide any other information that the Police Chief or his designee may require; and
(5) Certify the contents of the application under penalty of perjury.
(C) The Police Chief is hereby authorized to obtain criminal history information for each employee seeking registration.
(D) A fee set forth in the Master Fee Schedule established by resolution of the Council and as amended from time to time, shall be paid together with the registration or renewal application.
(E) Within 90 days after receipt of the application containing the above information and the required fees, the Police Chief or his or her designee shall mail a written decision to the applicant either granting or denying registration and explaining the reason for denial.
(F) If the background investigation is not completed within the 30 day period, the Police Chief or his or her designee may grant a temporary permit pending a final decision based upon the outcome of the background investigation. The temporary permit shall include issuance of a temporary badge or identification card to the employee that shall be valid for a period not to exceed 60 days.
(G) The Police Chief or his or her designee shall provide each permitted employee with a permanent identification card to be known as a "Work Permit" which shall be displayed in accordance with the requirements of this chapter.
(H) Each permitted employee shall renew his or her permit with the Police Chief at least 90 days prior to the anniversary date of his or her initial registration and every anniversary thereafter. New identification cards will be issued as the city deems appropriate.
(I) The card room licensee shall inform the Police Chief of any change in employment status of a permitted employee within 24 hours of the effective date of the change in employment. A change in employment shall include termination of employment, leave of absence in excess of 60 days or any promotion or other change in positions job title or duties.
(J) Grounds for Denial, Revocation or Suspension of Work Permit. The Police Chief may revoke or suspend the registration of or deny registration to a card room employee or potential employee on any of the following grounds:
(1) The employee has been convicted of a crime involving lotteries, gambling, bookmaking, larceny, perjury, bribery, extortion, frauds theft, or embezzlement, or a crime involving moral turpitude, or has been convicted of being under the influence of, possession of, the sale or possession for sale of a controlled substance, prostitution, pimping, or pandering, or has been convicted of any crime substantially related to a service or entertainment business;
(2) The employee has committed any act involving dishonesty, fraud or deceit with the intent to substantially benefit the employee or benefit another, or substantially injure another;
(3) The employee has been refused, or has had revoked, any gambling, gaming or entertainment permit or permit by an agency or government within five years of the date of the registration application;
(4) The employee has violated any provisions of this chapter;
(5) The employee has violated any law or ordinance relating to the operation of a card room.
(6) The State Department of Gaming Control has entered an objection to the issuance of the work permit.
(K) Denial, Suspension and Revocation of Work Permit. If it appears at any time that good cause may exist for the Police Chief to deny registration of an employee, or to suspend or revoke an existing registration, the Police Chief shall provide the employee and the permittee with the opportunity for a hearing before the Police Chief to show cause why registration should not be denied, suspended or revoked.
(1) In the case of denial, suspension or revocation, the employee shall be given ten days from the date of mailing of the notice of denial, suspension or revocation to request a show cause hearing before the Police Chief. The employee shall be deemed to have waived the right to a show cause hearing if the Police Chief does not receive the employee's written request for a hearing within ten days of the date of mailing of the notice.
(2) The Police Chief shall schedule the hearing within 15 days after receipt of the request for a show cause hearing. The Police Chief shall mail notice of the time, place and date of the hearing to the applicant or employee and the employer within five days after receipt of the request for hearing.
(3) Technical rules of evidence shall not apply to the show cause hearing.
(4) If the Police Chief, on the basis of substantial evidence presented at the show cause hearing, finds good cause therefor, the Police Chief may deny registration to the employee or suspend or revoke the registration.
(5) In those extraordinary circumstances, wherein the Police Chief determines that immediate suspension or revocation is necessary as a result of accusations involving conduct resulting in great or irreparable harm or injury to the patrons thereof and/or the city or accusations involving conduct in need of immediate restraint to prevent great or irreparable harm or injury to the city, the Police Chief may issue a Notice of Revocation or a Notice of Suspension which shall be deemed effective immediately upon issuance.
(6) The employee shall have ten days from the date of such issuance of a Notice of Revocation or Notice of Suspension to request a hearing. The Police Chief shall schedule such a hearing within five days after receipt of the request for hearing under this division (K)(6). Technical rules of evidence shall not apply for such hearing. If the Police Chief, on the basis of substantial evidence presented at such hearing, finds good cause therefor, the Police Chief may uphold the Order of Suspension or the Order of Termination.
(Ord. 684 C.S., passed 6-3-98)