The text
(a)
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, shall divest himself or herself of such ownership interest within one hundred twenty days after service of a notice of divestiture served on such person by the city pursuant to such person's final conviction of a misdemeanor involving moral turpitude or a felony. A plea or verdict of guilty, or a conviction following a plea of nolo contendere to a misdemeanor involving moral turpitude or a felony shall be deemed to be a final conviction within the meaning of this section, unless the conviction is appealed to a higher court, in which case the judgment and verdict of that court shall constitute the final action pursuant to which notice of divestiture shall be served if the conviction is affirmed.
(b)
The city council may decide, in its discretion, to extend the time period required for such divestiture for a reasonable period beyond one hundred twenty days to allow such person to sell or divest himself or herself of their ownership interest. The person shall nevertheless not be entitled to realize or receive any profits, distributions, or payments that might directly or indirectly be due to such person or which arise out of, are attributable to, or are derived from their ownership interest in the subject card club, after the one-hundred-twenty-day time period provided for in Section 5.48.270(a) has expired.
(c)
Within thirty days after the service of a notice of divestiture, the person or persons subject to such notice (appellant) may request in writing a hearing before the council to appeal the notice and request a waiver of the divestiture requirement, including transfer to a trustee. A hearing shall be scheduled before the council within thirty days after the receipt of the appellant's written request. Upon the conclusion of the hearing, the council may disregard the appellant's conviction or take other modifying steps if it is found and determined by the council that mitigating circumstances exist and that the public welfare will be adequately protected. In making such determination, the council shall consider the following factors:
(1)
The type, nature and extent of the pointholder's interest, including the involvement, if any, in the operations of the card club;
(2)
The nature, time, and seriousness of the offense;
(3)
The circumstances surrounding the conviction;
(4)
The age of the person at the time of the conviction;
(5)
The presence or absence of rehabilitation or efforts at rehabilitation;
(6)
Contributing social and environmental conditions;
(7)
The record of the proceedings leading to the conviction;
(8)
The financial stability of the pointholder, including his personal history, reputation for habits, and traits of character and moral background; and
(9)
Such other factors deemed relevant by the council in determining the status of the pointholder.
(d)
The decision of the council shall be final and conclusive.
(e)
No person required to divest a card club related interest pursuant to an order of divestiture shall transfer the same to his spouse, child, sibling, parent or to his spouse's child, sibling or parent.
(f)
Failure to comply with a notice of divestiture shall constitute a misdemeanor punishable by a fine or imprisonment pursuant to this code. Each day of noncompliance shall constitute a separate and complete offense. In addition, the city attorney may invoke appropriate civil remedies available to enforce compliance.
(Ord. No. 804, § 2, 12-13-2022)