The text
(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 employee work permit, bearing the employee's photograph, issued by the city's law enforcement agency. Work permits shall not be transferred or assigned. All employees of a card club shall be subject to the fingerprinting and background investigation as set forth in this chapter. Employees who are employed by a card club, but who have not undergone the fingerprint and background investigation, will be granted a temporary work permit pending completion of a fingerprint and background investigation as required in this chapter.
(b)
Any person wishing to obtain an employee work permit shall file an application with the law enforcement agency of the city. Such application shall be made in the form and manner as prescribed by the city's law enforcement agency. Applicant will be required to provide photographs and fingerprints, in addition to such other information as the city's law enforcement agency may require. Prospective employees filing an application for a work permit may be granted a temporary work permit pending processing of the application and completion of the background investigation described in subsection (c) of this section.
(c)
The city's law enforcement agency shall on behalf of the city, submit the application and fingerprints to the California Department of Justice. The department of justice shall provide criminal history information to the city's law enforcement agency for the purpose of determining the applicant's eligibility for a work permit. The city's law enforcement agency shall also check the applicant for outstanding wants and warrants and shall verify the accuracy of the information contained in the application. The city's law enforcement agency, on behalf of the city, may approve, conditionally approve or deny an application for a work permit in the following cases:
(1)
If the applicant has been convicted or pled nolo contendere of any crime punishable as a felony;
(2)
If the applicant has been convicted of a misdemeanor involving dishonesty or moral turpitude within the ten-year period immediately preceding the submission of the application unless the applicant has been granted relief pursuant to Section 1203.4, 1203.4a, or 1203.45 of the California Penal Code; provided, however, that the granting of relief under Section 1203.4, 1203.4a, or 1203.45 of the California Penal Code shall not constitute a limitation on the discretion of the city's law agency to grant a work permit or affect the applicant's burden of proof;
(3)
If the applicant has been convicted in activities involving bookmaking, loansharking, corruption, prostitution, money laundering or other illegal gambling activities;
(4)
If the applicant has made any false statements in the application or as to any other information presented as the part of the application process;
(5)
If the approval of the applicant would be inimical to the interests of legitimate gaming;
(6)
If the department of justice, division of gambling control, objects to the issuance of a work permit consistent with Business and Professions Code Section 19910 et seq.;
(7)
If the applicant is disqualified from holding a state gambling license for any of the reasons specified in Business and Professions Code Section 19859; or
(8)
If the applicant is disqualified from holding a state gambling license by any other restrictions provided by law. If the 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 before a hearing officer within forty-five days after receiving such notice. Within fifteen days from the date of the hearing, the hearing officer shall prepare a written decision granting, conditionally granting or denying the appeal. The hearing officer 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 applicant.
(d)
An employee work permit may be suspended or revoked under the following circumstances:
(1)
The commission of any act which would have been grounds for denial of a work permit pursuant to subsection (c) of this section; or
(2)
The violation of any condition imposed in issuing such work permit. The work permit may be immediately suspended by the city 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 a work permit 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 the costs shall be borne by the employee.
(e)
Unless specifically exempted by the city in writing, each employee, at all times while acting within the scope of his or her employment on the card club premises shall wear in a prominently visible place upon his or her person the employee work permit issued by the city. It is the responsibility of the licensee to monitor all employees under this section. A violation of this section shall be subject to the penalties provided in Section 5.48.211.
(f)
The information received by the city pursuant to this section shall be treated as confidential and shall be accessible only to those city officials having jurisdiction over the provisions of this chapter.
(g)
Any application for a work permit shall be subject to objection by the state division of gambling control. If the division of gambling control objects to the issuance of a work permit it shall be denied. such a denial may be reviewed in accordance with the Gambling Control Act (Business and Professions Code Sections 19800, et seq.). Employees who are granted a permit to work in a card club shall be permitted to work in said club until they no longer are employed by that club or if information of conviction or pleading nolo contendere of a disqualifying crime becomes known to the city. The investigation and permitting fee for said employees shall be determined in the reasonable discretion of the city with said fee due and payable by the employer of said employee.
(Ord. No. 804, § 2, 12-13-2022)