Sec. 4-19. - License issued by sheriff — Term of license.

a.

Gaming licenses are issued by the sheriff.

b.

Licenses are issued and expire on an annual basis.

c.

Licenses are valid for a maximum period of one year, beginning from the date of issuance and expiring on March 31st.

d.

Licenses are personal and nontransferable.

(Ord. No. 5151 § 6, 1999.)

Sec. 4-20. - License — Application, procedure and conditions.

Applications for original issuance under this article of an annual license shall be filed with the sheriff at least 60 days before the date of beginning of the proposed license period. Applications for renewal of an annual license shall be filed with the sheriff at least 30 days before the date of beginning of the proposed renewal period. Each application shall be in writing on a form provided by the sheriff and shall conform to the procedure and conditions following:

a.

Each application shall contain:

(1)

Name and address of the premises sought to be licensed;

(2)

Description of the business operated or sought to be operated in said premises;

(3)

Name, occupation, and residence address of each person with a financial interest in the premises or the business operated or sought to be operated therein;

(4)

The number of gaming tables sought to be licensed;

(5)

The name and residence of each employee of applicant in the gaming business sought to be licensed;

(6)

A recent photograph and fingerprints (to be taken by the sheriff) of each individual applicant and gaming employee;

(7)

The period of time for which the license is sought;

(8)

The amount of the license fee for such time, which fee shall be paid at the time of filing of the application;

(9)

A statement of applicant's understanding that business conducted pursuant to the license must comply with this article and the laws concerning gambling of the United States and the State of California, and that any violation of this article will warrant suspension or revocation of all gaming licenses issued to applicant either individually or jointly with others;

(10)

The consent of applicant to the examination and inspection by the sheriff of the gaming premises for which a license is sought or issued and all equipment used in gaming operations at any time during business hours throughout the period intervening the date of the application and the expiration of the license;

(11)

A verification under penalty of perjury of all information in the application executed by each person having any financial interest in the business sought to be licensed, each of whom shall be an applicant.

b.

Each applicant may provide the sheriff with letters of reference which demonstrate the applicant's good moral character and reputation.

c.

The sheriff shall inspect the premises sought to be licensed and the equipment sought to be used in the licensed business and shall investigate the background of the applicant(s) named in the application. The sheriff shall issue a gaming license only to applicants whose application, background, and premises fully comply with the requirements of this article. The sheriff shall, within five (5) days (Saturdays, Sundays and holidays excluded), give written notice to the gaming commission of the time he takes action to issue, deny, suspend or revoke any gaming license.

d.

A gaming license shall not be issued:

(1)

For premises in which the sheriff finds, on recommendation of appropriate officials, that occupancy occasioned by gaming operations will cause or intensify a safety, zoning, health or fire hazard;

(2)

For gaming areas in which individuals under twenty-one (21) years of age are permitted or in which gaming operations will endanger or be injurious to public health or safety;

(3)

To any applicant who has had any type of gambling license or permit denied or revoked for cause by any public agency in this or any other state;

(4)

To any applicant who within ten (10) years preceding the date of application has been convicted of a felony or a gambling offense.

e.

Each gaming license shall be posted in plain view in a conspicuous place in the licensed premises. Each gaming licensee shall keep the premises open and unlocked during all hours when gaming is occurring.

f.

A gaming license shall not be transferable from person to person, but may be transferred to another location provided that the requirements of Section 4-20(d)(1) are met.

g.

Each gaming licensee shall give written notice to the sheriff within twenty-four (24) hours, excluding Sundays and legal holidays, of the time of occurrence of any change in licensed personnel. Such written notice shall state the name and residence address of the licensed personnel hired or separated, the capacity in which each of such personnel was or is employed, and the date of change.

h.

Applications for renewal of a license shall be in the same form as applications for original issuance of a license. The sheriff may waive completion of those portions of the application in which he determines that he has current, accurate data in his file.

(Ord. No. 2971 § 5.)

Sec. 4-21. - Application and renewal fees.

All fees shall be established by resolution of the Sonoma County board of supervisors to assist in funding the cost of administration and enforcement of this article.

(Ord. Nos. 2076 §§ 2, 3; 2971 § 6.)

Sec. 4-22. - Application — Required content.

Dealer's shall be issued by the sheriff on an annual basis and shall be valid for the period from July 1 until the following June 30 or the portion thereof following the date of issuance and until the next succeeding June 30. Applications for renewal of a dealer's permit shall be filed with the sheriff at least thirty (30) days before the date of beginning of the proposed renewal period. Each application shall be in writing on a form provided by the sheriff and shall conform to the procedures and conditions following:

a.

Each application shall contain:

(1)

Name, residence address, and date of birth;

(2)

Name and address of the business establishment in which the applicant is or will be employed;

(3)

A recent photograph and fingerprints may be taken by the sheriff of the applicant;

(4)

A statement of the applicant's understanding that activities carried on pursuant to the permit must comply with this article and the laws of the United States and the State of California concerning gambling and that any violation of this article or California or United States laws regarding gambling will warrant suspension or cancellation of the permit.

(5)

A list of the names and addresses of the applicant's places of residence and employment during the preceding five (5) years;

(6)

A verification under penalty of perjury of all information contained in the application;

(7)

Renewal applications shall be in the same form as original applications.

b.

Each applicant may provide to the sheriff letters of reference which demonstrate the applicant's good moral character and reputation. The sheriff may issue a temporary dealer's permit which shall be valid as a dealer's permit hereunder during the pendency of the sheriff's investigation or until notice to the applicant of denial of the permit applied for.

c.

The sheriff shall investigate the background of each applicant and shall issue a dealer's permit only to an applicant whose application and background fully comply with the requirements of this article.

d.

A dealer's permit shall not be issued:

(1)

To any applicant who has had any type of gambling license or permit denied or revoked for cause by any public agency in this or any other state;

(2)

To any applicant who within the ten (10) years preceding the date of application has been convicted of a felony or a gambling offense;

(3)

To any applicant who is under twenty-one (21) years of age.

e.

Dealer's permits shall not be transferable.

f.

Each dealer, while dealing a card game, and each shill, while acting as a shill, shall wear an identification badge containing his/her first name clearly printed in block letters at least three-eighths (3/8) inch in height, visible and legible to all players. Each dealer and shill shall have a valid dealer's permit in his/her possession while so acting.

(Ord. No. 2971 § 7.)

Sec. 4-23. - Location, safety and limitations on establishment, and tables.

a.

Gambling licenses may be issued only for establishments located in zoning districts designated LC or C1, provided a use permit has been issued for an approved specific street address.

b.

Gaming licensees are responsible for maintaining the safety of patrons or individuals in or adjacent to gaming establishments. This obligation includes, but is not limited to, retaining security services, installing and maintaining monitoring equipment, or instituting other measures as directed by the sheriff. A plan to provide for the safety and security of patrons must be submitted to the sheriff for review and approval. Failure to maintain adequate safety and security shall provide grounds to take action against gaming licensees up to and including revocation of licenses.

c.

The maximum number of gaming establishments which may be licensed in the unincorporated county of Sonoma is one.

d.

The maximum number of gaming tables which may be maintained in any gaming establishment is ten (10) except as may be authorized by the state of California for temporary special licenses as may be authorized by Section 19942 of the Business and Professions Code, its regulations, and as authorized by the sheriff for a period not to exceed seventy-two (72) hours in duration.

e.

Before it shall be allowed to operate, each gambling establishment shall adopt rules for per-hand charges and wagering limits in each game, all of which is subject to the approval of the sheriff. The per-hand charge to be assessed by the establishment, if any, and wagering limits must be posted in conspicuous places throughout the establishment and at the gambling tables in such a manner as to provide the patrons adequate notice of the per-hand charges and wagering limits. Said per-hand charges shall comply with the requirements of state law.

(Ord. No. 5151 § 7, 1999.)

Sec. 4-24. - Suspension, revocation, or denial of license or permit by sheriff.

The sheriff for good cause may suspend, revoke, or deny any gaming license or dealer's permit. Good cause for denial, suspension, or revocation shall consist of a finding by the sheriff from substantial, reliable evidence that:

a.

The licensee or permittee has violated or is violating any provision of this article or any law concerning gambling of the United States or the State of California; or

b.

The licensee or permittee has been convicted of any criminal act involving moral turpitude; or

c.

The continuance of the licensee's or permittee's operations pursuant to such license or permit would be injurious to the health, safety, or welfare of the people of Sonoma County.

The sheriff's decision shall be in writing. The decision shall be served by placing the same in the United States mail (either registered or certified) addressed to the home address shown on the application and also addressed to the last known business address shown on the application. The sheriff shall also serve the decision on any person who appears to be in charge of the premises or, if the premises are closed, by posting the decision on the front door.

(Ord. No. 2971 § 9.)

Sec. 4-27. - Violation of article — Punishment.

Any violation of this article is a misdemeanor punishable as provided in this code.

(Ord. No. 1428 § 2.)

Sec. 4-29. - Posting of summary of rules.

The sheriff is authorized but not required to establish rules of conduct and procedure pertaining to gambling and to present that summary to the gaming commission for approval. After the gaming commission has approved the rules, all licensees shall post the rules in a conspicuous place to the reasonable satisfaction of the Sonoma County sheriff. Any rules established by the sheriff and approved by the commission shall implement the purposes and provisions of the article. All persons shall comply with the rules.

(Ord. No. 2971 § 12.)