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Resolution 3054 - Amends Gambling RulesRESOLUTION NO. 3054 A RESOLUTION TO AMEND THE GkMBLING RULES AND REGULATIONS OF THE CITY OF KALISPELL; TO PROVIDE THAT RAFFLES MAY BE CONDUCTED IN THE CITY WITHOUT HAVING FIRST OBTAINED A CITY LICENSE THEREFORE: TO PROVIDE FOR LICENSING OF DEALERS AND RENEWAL AND TO SET INVESTIGATIONS AND LICENSE PEE THEREFORE ' i TO DECLARE AN EMERGENCY AND PROVIDE FOR IMIVIEDTATE EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: Section 1. The Gambling Rules and Regulations of the City of Kalispell, as adopted and as presently in force are hereby amended as follows: A. Sub -Section 3.10 of Regulation No. 3 (License Required) is amended to hereafter provide: "3.10: Pursuant to the provisions of Sections 62-707 and 62-719, R.C.M., 1947, no gambling game permitted by the "Montana Card Games Act" or the "Dingo and Raffles Law" shall be conducted in the City of Kalispell by any person either as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, without have first procured and thereafter maintainina in full force and effect a gaming license issued by the City Treas- urer of the City of Kalispell at the direction of the governing body. Provided however, that any "raffle" as defined by Section 62-716(b), R.C.M., 1947, may be conducted in the City of Kalispell without the person conducting same having first obtained a City: of Kalispell license therefor." B. Section 6.50 of Regulation No. 6 (operation of Gaming Establishments) is amended to hereafter provide- "6.50: No person except the licensee thereof, shall be employed in operating or be permitted to operate any game permitted or allowed hereby except "sport pools", unless such person has been a resident of the State of Montana for a period of one (1) year immediately preceeding such employment and who has been registered and is currently licensed by the City of Kalispell as a "dealer". Any such person shall while operating any such game, prominently displav on his person his current "dealer" license issued to him by the Citv of Kalispell. For the purpose of this requirement only the president of a corporation or the holder of more than 50% of the interest in any partnership or joint venture holding a license issued hereunder is considred the "licensee" of a license issued hereunder to said corporation, partnership, or joint venture." Section 2. A new Regulation No. 13 (Dealers) is added to said Rules and -Regulations and same shall provide as follows: "REGULATION NO. 13: DEALERS 13.10: Every dealer employed by a licensed gaming business shall be licensed by the City. All applications for dealers licenses shall be made after registration with the Kalispell City Threasurer upon blanks supplied by the city and upon receipt of such application for a dealers license, the Kalispell Police De-,"Dartment shall make an investigation of the person applying 4ro f r a dealers license." "13.20: Each applicant for a dealers license except as hereinafter provided, shall be accompanied by a $50.00 non-refundable investigation fee. Said fee shall be paid to the Kalispell City Treasurer when the application is filed. A holder of a current Flathead County Dealers license shall be exempt from such investigation fee." "13.30: No license shall be issued to: 1) 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 a felony, 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 whose license issued under this act has been revoked for cause; 4) 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; 5) 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 (1) year immediately preQeeding the filing of the application for license.�, "13.40; The Chief of Police shall, upon receipt of said application from the City Treasurer conduct an appropriate investigation of such applicant and within 30 days of the date of filing report same to the Gambling Committee of the Council. Upon approval by said Committee, the Mavor shall order a "Dealers" license issued to such person upon payment of a license fee of $60.00, pro -rated as is provided in Regulation No. 12.60 hereof. Disapproval by said Committee shall disqualify such person from being issued a "Dealers" license." "13.50: Any dealers license issued by the City of Kalispell shall be non -assignable or transferrable. Any such license issued shall expire at 12:00 midnight an the June 30th next following issuance. Any license issued hereunder may be renewed for each following year upon payment of a renewal fee of $60.00 and upon proper application within 30 days of expiration; no investigation fee is required for such a renewal," Section 3,,1 The/City Clerk is dire to amend and revise the a5ted alispell Gamblin -�Rule d Regulations in accord City of,-, v herewith. ,5eoIj,on 4. X.n emergency' is here)#C immediate necessity n V . proclaimed. of f6r the he.4/fth and saf6e y of the City of Kalispell and this re5olutio shall be effective i un diately-1/upon passage and approval. � C ii_ OF TH�;­CiTY OF KALISPETL­AND APPROVED BY ,IASSED PY THE -CZ 0 NC" HE_T4AXO_R THIS 7A DAY OF 1976,1,11 A ST� T/E , M I, the undersigned, City Clerk of a true copy of the Resolution dul-, Montana at a regular meeting held ty of ispell ",certify d by t City 00auncil of the foregoing is City of Kalispell, ity of