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HomeMy WebLinkAboutOrdinance 74- 950, Gaming license regulations. 342 ORDINANCE NO. 950 AN ORDINANCE OF THE CITY OF BOZEMAN PROVIDING FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF GAMBLING LICENSES AND LICENSES FOR CARD GAMES, BINGO, RAFFLES, AND SPORT POOLS. BE IT ORMINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AS FOLLOWS, TO WIT: Section I License Required Pursuant to the provisions of Sections 62-707 and 62-719, Revised Codes of Montana, 1947, no gambling game shall be conducted in the City of Bozeman, Montana, by anyone, either as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, on premises which have been licensed for the sale of liquor, beer, food, cigarettes, or any other consumable products, without having first procured and thereafter maintaining in full force and effect a gaming license issued by the governing board. Before issuing a gaming license, the governing body shall charge and collect from each applicant a nonrefundable application and investigation fee in the amount of $50.00. Section 2 LicensinR Qualifications No license shall be issued to or held by: (I) a person who has been convicted of being the keeper or is keeping a house of ill fame; (2) a person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality, under the laws of the federal government or any state of the United States; (3) a person who has been convicted of a felony; (4) a person whose license issued under this act has been revoked for cause; (5) a person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license upon a first application; (6) a person who is not a citizen of the United States and who has not been a resident of the state of Montana for at least one year immediately preceding the filing of the application for license; (7) a person who is not the owner and operator of the business; or, (8) a person who has been convicted of a violation of the Montana Card Games Act or the Bingo and Raffles Law. The governing body may deny a gaming license if the governing body deems that the place or location for which the license is sought is unsuitable for the conduct of gaming operations. Applications for licenses shall be in the names of all persons financially interested or to be financially interested in the business to be conducted pursuant thereto, and the names of all such persons shall appear on such licenses. A disqualification of anyone or more such persons to hold such licenses shall disqualify all thereof. No person who, at the time of applying for a gaming license. owns, controls, or has any interest of any kind in any gaming establishment or~e outside the state of Montana, or is employed by or in any such game or establishment, or has any association by name or in any other manner whatsoever in or with any such game or establishment, whether such be legal or illegal, shall be eligible to receive a gaming license. Section 3 Procedure It is the declared policy of the City of Bozeman, Montana, that all premises which are licensed for the sale of liquor, beer, food, cigarettes, or any other consumable products and ORDINANCE NO. 950 I I I I on which authorized gambling games are conducted or operated, are licensed and controlled so as to better protect the public health, safety, morals, good order, and welfare of the inhabitants of the City of Bozeman, Montana. Any gaming license which is issued is a revocable privilege and no person holding such a license is deemed to have acquired any vested rights therein. An applicant for a gaming license is seeking the granting of a privilege, and the burden of proving his qualifications to receive any license is at all times on the applicant. An applicant must accept any risk of adverse public notice, embarrassment, criticism, or other action or financial loss which may result from action with respect to an application and expressly waive any claim for damages as a result thereof. An applicant may claim any privilege afforded by the Constitution of the United States or of the state of Montana, in refusing to answer questions by the governing body. However, a claim of privilege with respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial. Prior to the issuance of a license, as herein provided, the applicant shall file with the Director of Finance an application in writing, signed by the applicant and directed to the Commission, which application shall specify the location by street and number of the premises where authorized card games and games of chance are to be conducted under the license applied for. The application shall state the names of all individuals and persons financially interested in the premises, the license sought, or the business conducted on the premises. The application must be accompanied by satisfactory evidence that the applicant is currently licensed for the sale of liquor, beer, food, cigarettes, or any other consumlhle product, or has applied for such a license, and the applicant must further authorize the Chief of Police to investigate the applicant's character, background and associations, and the suitability of the premises for gaming. The license application shall set forth the character of the gaming to be conducted, including the actual number of games to be operated. The City may, upon receipt of an application or any information which indicates an applicant or licensee may be ineligible to hold a license, serve notice upon the applicant or licensee to appear before it and respond to charges or supply information. Each person obtaining a license under these regulations for the operation of a gaming establishment under the Montana Card Games Act shall pay an annual license fee of $500.00. Eaeh establishment paying this license fee shall be entitled to operate and conduct DwO card tables for the purpose of playing panguingue or poker. Each person desiring a license to operate more than two gambling tables shall pay an additional annual license fee to $250.00 per table. Such license fee shall be due and payable on the 30th day of June of each year. Failure to pay the license fee on or before the time stated shall result in the revocation of the license. Each person obtaining a license shall be entitled to operate additional card tables to be used for playing bridge, cribbage, hearts, pinochle, pitch, rummy, whist, and solo for amusement of the players and not as a gambling game for an additional charge of $10.00 per table. Any fraternal or country club or veteran's organization holding a license under these regula- tions shall be entitled to operate additional gaming tables without charge on special occasions and social meetings of the members. There shall be a conspicuous sign placed in proximity of each card table stating whether I I ORDINANCE NO. 950 343 344 the table is to be used as a gambling table or amusement table. Each person obtaining a" license under the Bingo and Raffles Law shall pay an annual license fee of $250.00. Said license fee shall be due and payable on the 30th day of June of each year. Failure to pay the license fee on or before the time stated shall result in the revocation of the license. Each person not obtaining an annual license may obtain a license for $10.00 for each day of operation under the Bingo and Raffles Law except that each person conducting a raffle other than in a gaming establishment licensed on an annual basis shall pay a fee of $10.00 or five percent of the retail value of prizes to be awarded, whichever is the larger amount, for each raffle conducted. No more than two temporary licenses may be issued to anyone person or for the benefit of anyone orgamization in anyone year to conduct a raffle. The date upon which the raffle is to conclude with award of prizes must be specified in the application for a license. Licenses issued for the year July 1, 1974, to June 30, 1975, under this chapter shall be prorated for fee purposes. Thereafter, annual licenses issued prior to December 31 shall require a full year fee and licenses issued after December 31 shall require one-half annual fee. Section 4 Conduct of Hearin~s Any hearings conducted under the foregoing regulations shall follow the model procedures set forth in the Montana Administrative Procedure Act and the Montana Administrative Code, when practicable. Section 5 Revocation of Licenses Any licenses issued pursuant to these regulations shall be deemed to be a revocable privilege, and no holder thereof shall acquire any vested rights therein or thereunder. Licenses issued under these regulations may be revoked for any violation or breach of these regulations, for any violation of the Montana Card Games Act, or for any violation of the Bingo and Raffles Law. Section 6 Repeal of Prior Ordinances All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED by the City Commission of the City of Bozeman this 21st day of August, 1974. Mayor ATTEST: e~ . /.#.h"./ . - . -, Clerk of the City Co ssion State of Montana County of Gallatin City of Bozeman ) ) ss I, Erna V. Harding, Clerk of the Commission of the City of Bozeman, do hereby certify that the foregoing Ordinance No. 950 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in Bozeman in the issue of the 25th day of August 1974, and due proof of such publication is on file in my office. IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my office this 23rd day of August, 1974. ORDINANCE NO. 950 u F~4 .~ ::/ i /?~" . ERNA V. HARDING I I I