Resolution 2968 - Adopts Rules & Regulations for GamblingM
RESOLUTION NO. 296P
A RE40LUTION TO ADOPT RULES AND REGULATIONS FOR THE OPERATION AND
IJCE�SfNG OF GAMBLING WITHIN THE CITY OF KALISPELL, SETTING FEES
THEREr,QRE: PROVIDING EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA-
SECTION 1. The following rules and regulations shall apply, beg-
inning July 1, 1974, to gambling in the City of KalispeLl:
REGULATION NO. 1: INTENT
1.10: These rules and regulations may be cited as the Gambling
Rules and Regulations of Kalispell, Montana. It is hereby declared
to be the policy of the city of Kalispell to comply with Title 62,
Chapter 7, Revised Codes of Montana, 1947, in implementing the rules
and regulations for the control of authorized gambling in the city
of Kalispell.
REGULATION NO. 2: DEFINITION
2.10: The following words�and phrases used in these rules and
regulations shall take the following interpretations:
(a) Business: "Business" is an operation involving
barter, trade, industry, or commerce whether or not conducted for
profit.
(b) Premises: "Premises" shall mean the particular
business establishment in which,gaming is conducted.
(c) Governing Body: PGoverning Body" is the city council.
(d) Peace Officer: "Peace officer" means any person who
by virtue of his office or public employment is vested by'law with
a duty to maintain public order,or to make arrests for offenses
while.:actinq within the scope of his authority.
,e) Person- "Person"�includes an individual, business
a5z,,j,.;.Lau.ron, partnership, corporation, government or other legal
entity, and an individual acting or purporting to act for'or on
behalf of any government or subdivision thereof.
(f) Public Notice: Notice by publication in a newspaper
or general circulation in the city for at least three (3),consecutive
weekst' the last publication to Pe not more - than seven (7) nor less
than one (1) day before the datO of the hearing so noticed.
.(g) All other words, terms and phrases as used herein shall
taKe T-ne meanings set forth in Sections 62-701 through 62-736,
Revised Code of Montana, 1947.
REGULATION NQ. 3: LICENSE REQUIRED
3_10: Pursuant to the provtsions of Sections 62-707 and 62-719,
R.C.M,, 1947, no gambling game permitted by the "Montana Card Games
Act" or the "Bingo and Raf f les Law" shall be conducted in' the citv
of Kalispell by any person eit4r as owner, lessee or employce,
wheth�r for hire or not, either,�solely or in conjunction with others,
� ises which have been or ore required to be licensc� for the
on pre'm
sale of liquor, beer, food, cigarettes or any other consumable pro-
ducts,� without having first prooured and thereafter maint6ining in
full force and effect a gaming license issued by tho City',Treasurer
of thQ City of Kalispell at the,'direction of the governing body.
M
REGULATION NO. 4: LICENSING REQUIREMENTS
4.10: No gaming 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 or 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 precealng
the filing of the application for license; (6) a person who is not
the owner and operate of the gaming business.
4.20: The governing body may deny a gaming license if the govern�
ing body deems that the place or location for which the license is
sought is unsuitable for the conduct of gaming operations.
4.30: Applications for licenses shall be in the names of all
persons financially interested or to be financially interested in
the gaming business to be conducted pursuant thereto, and the names
of all such persons shall appear on such licenses. A disqualification
of any one or more such persons to hold such licenses, shall disqualify
all thereof.
4:40: No person who, at the time of applying for a gaming license,
owns, controls or has any interest of any kind in any gaming establish-
ment or game, 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, unless such
interest is fully disclosed at the time the application is made.
REGULATION NO. 5: LICENSING: PROCEDURE
5.10: It is the declared policy of the city of Kalispell that
all premises which are or are required to be licensed for the sale
of liquor, beer, food, cigarettes or any other consumable products
and 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.said city. Any gaming license which is issued is a revocable
?rivilege 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 qualification 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 of financial loss which may result from action with
respect to an application and expressly waive any claim for damages
as a result thereof.
5.20: 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.per-
4ning to an application may constitute sufficient grounds for
I of a license hereunder.
91")
5.30: All applications forIgaming licenses shall be made to
flie governing body upon forms supplied by the governing body. Upon
receipt of such application, th�' governing body will make or cause
to be made a thorough investigation as to the qualifications of the
applicant and the suitability of the premises for operating a
gambling game. If, upon such investigation, it appears that the
applicant is qualified under tho law and that the premises are
suitable for conducting gambling games under the laws of the State
and the rules and regulations of the body, the governing,body will
issue a gaming license if all other requirements of the laws and
these rules and regulations are.."fulfilled.
5.40: Each applicant shall,
body with all additional informl
or to the applicant which the bo
the information requested within
has been received by the applic
delaying consideration of the a,
a license.
5.50; A separate applicatic
for which a license is sought, i
establishment.
5.60: The governing body ma
application to appear and testif
time and place as it may designa
oath and embrace any matter whic
may deem relevant to the applica
testify fully and truthfully at
--xcused, shall constitute ground
,vithout further consideration by
5.70: Public.notice will be
the time and place when applicat
before�the governing body for cc
expected to attend the meetings
application is to be considered.
romptly furnish the governing
ion pertaining to the application
rd may require. Failure�to supply
five (5) days after the request
t, shall constitute grounds for
lication or denial of issuance of
is required for each establishment
espective of the ownership of such
summon any person named in an
before it or its agents at such
e. All such testimony may be under
the governing body or its agents
ion. Failure to so appear and
he time and place designated unless
for denial of the application
the governing body.
given by the governing body of
on for a gaming license will come
sideration. Such applicants are
f the governing.body at which the
REGULATION NO'* 6: OPERATION OF GAMING ESTABLISHMENTS
6.10: It is the policy of t�e governing body to require that
all licensed establishments wher#in gaming is conducted in�the city
of Kalispell be operated in a ma�ner suitable to protect the public
health,' safety, morals, good or(,- and general welfare of the
inhabitants of the said city.
Rt-.,opc--ibility for the emplo�ment and maintenance of suitable
method4 of operation rests with he licensee and willful or persistent
use or'toleration of methods of peration deemed unsuitable', will
constitute grounds for license rivocation or other disciplinary
action',�
6.20: The governing body deqms that any activity on the part
of anyjicensee, his agents or elployees which is inimical�to the
public�health, safety, m ral" g ? d order and general welfire of
the poo le of thi!� city is ope ing in an unsuitable mannor and
'p ra'
shall 4,b grounds for discipli narl action by the governing body in
accordance with the Montana Gamb ing Laws and the regulations of
the go-�erninq body. Without li ting the generality of the fore-
going,�'the following acts or om Isions may be determined to be un-
suitabte methods of operation:
1. Failure to exercise discretion and sound judgment
to prevent incidents which might reflect on the repute
of the city of Kalispell.
2. Permitting persons who are visibly intoxicated to
participate in gaming activity.
3. Complimentary service of intoxicating beverages in
the gaming area to persons who are visibly intoxicated.
4. Failure to conduct advertising and public relations
activities in accordance with decency, dignity, good
taste, honesty and inoffensiveness.
5. Catering to, assisting, employing or associating with,
either socially or in business affairs, persons of
notorious or unsavory reputation, or who have extensive
police records, or a person who has defied congressional
investigative committees, or other officially constituted
bodies acting on behalf of the United States of any state
or persons who are associated with or support subversive
movements or the employing either directly or through a
contract or any other means of any firm or individual
in any capacity where the repute of this country is
liable to be damaged because of the unsuitability of the
firm or individual or because of the unethical methods
of operation of the firm or individual.
6. Employing in any capacity in or about any licensed
establishment any person who has been denied a gaming
license on the grounds of unsuitability or whose past
activities and reputation wbould tend to bring discredit
on this city.
7. Employing in any gaming operation any person whom
the,governing body or any court has found guilty of
cheating or using any improper device in connection with
any game, whether as a licensee, dealer or player�at a
licensed game; as well as any person whose conduct of a
licensed game as a dealer or other employee of a licensee
resulted in revocation or suspension of the license of
such licensee.
6.30: The governing body may summon any licensee or his agents
or employees to appear to testify before it or its agents with regard
to the conduct of any licensee or the agents or employees of any
licensee. Failure to so appear, and testify fully at the time and
place designated unless excused, shall constitute grounds for the
revocation or suspension of any license held by the person summoned,
his principal or employer.
6.40: No licensee shall permit any game other than those spec-
ifically enumerated in the Montana Card Games Act, the Bingo and
Raffles Law and Sport Pools, as defined in 62-727, R.C.M., 1947,
to be operated on the premises for which the license has been issued.
6.50: No person except the licensee thereof, shall be employed
in operating a game permitted hereby except "Sport Pools" unless
such person has been a resident of Mon'Fa—fia for a period of six (6)
months immediately preceeding such employment and has been regis-
tered and is currently licensed by Flathead County, Montana, as a
"Dealer". Any such person shall prominently display on his person
and/or on the premises in the vicinity of the game he is operating,
his current O'Dealer" license issued by Flathead County.
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6.60: No licensee shall employ any person in any capacity
while that person is in the employment of a law enforcement aqency.
6.70: The governing body Or its duly authorized representative
or any peace officer shall havo the right at any time to make an
examination of the premises anj all gaming equipment therein. Such
a person shall have immediate access to the premises and all parts
thereof. Doors shall not be 14cked while persons other than the
licensee or his employees are Within or upon the premises.
REGULATION NO..7: TRANSFER OF OWNERSHIP
7.10: Licenses may be assigned or transferred as to ownership
or location only with the approval and consent of the governing body.
Such approval-mu-st be obtained, I before any assignment or transfer
upon A form prescribed by the q I overning body for the governing body's
consent and approval.
REGULATION 8: OFFICIALS HOLDING LICENSE
8.10: No gaming license s ql 'all be issued to or held by any person
holdiiig office in or employed �.Y any agency of the city Of Kalispell
or Flathead County or the Stat of Montana when the duties of such
office or agency have to do wi the enforcement of the gaming laws
and these regulations. This r ulation applies specifically but
without limiting its effect to ny person employed in the' office of
the county attorney, in the sh" iff's office, any member'of any
local.governing body or licens' g board whose duties involve the
granting, denial, issuance, inspection, renewal, suspension or
revocation of gaming licenses.,J This regulation shall apply to any
person mentioned herein who has,direct pecuniary interest direct or
indir6ct in any establishment be operated under a gaming license
within the boundaries of this itv.
REGULATION
�F.iO: No gaming license
unless one or more of the fo
Em
9: CORPORATION LICENSE -
1 be issued to a Montana -corporation
ng requirements is met:
(a) The corporation *s organized and has existed as a
Montana corporation at leapf- one year prior to makinq applica-
I-Ann for a gaming license; *)r
(b) A major.1ty or th
i� owned by persons who ha
Montana for a period of on
ap, plication for a gaming 1
No gaming license shall be
the following requirements
Issued stock of �ia[tl cot�pi)i-�it ion
been residents of tlic, SL_aLe of
year immediately before mpking
Bsued to a foreign corporation unless
re met:
(a) The corporation h , 4s been authorized to do business
in montana for a period of
g itne year or more prior to making
abplication for a gamin 1 ense; and
(b) A majority of th
oyned by persons who have
for a period of one year o
application for a gaming I
A,'corporate application sh
issued stock of said,corpbration is
en residents of the State'!r)( Montana
more immediately before making
1 be accompanied by a sworn statomont
5 -
§)iowinq the names of all the owners of all issued stock of such
corporation, together with the amount of stock ownod by each
stockholder and the residence addresses of said owners.
REGULATION NO. 10: VIOLATIONS HEREOF
10.10: Any person who violates any portion of this regulation
may have his gaming license revoked.
SECTION 2. The following fees for licenses issued under the
Resolution shall apply.
1. For the operation of any or all of those games and under.
the conditions set forth in Sections 62-701 through 62-726,
R.C.M., 1947, the fee shall be $240.00 per year.
2. In addition, a licensee shall pay $360.00 per year per
table where poker is played.
3. In addition, a licensee shall pay $180.00 per year per
table where panquingue is played.
4. All license certificates issued pursuant to this Resolu-
tion shall be prominently displayed on the premises of the
holder thereof and in the area where such games are operated.
All tables licensed for poker shall have a 12" block letter "P"
permanently painted or stenciled on the top of said table and
in the approximate center thereof. Those tables licensed for
panguinque shall have the block letters "PAN" at least six (611)
inches high permanently painted or stenciled thereon in the
approximate center thereof.
5. All applications for licenses, or, renewals thereof, under
this regulation shall be made to the City Treasurer accompanied
by the proper fees paid in full by cash, or cashier's or
certified check from an established bank.
6. All licenses issued hereunder shall expire on June 30
.following the date they become effective. License fees shall
be prorated from the date of issue, on a monthly basis; to
said expiration date; a license issued during a month shall
be considered as covering the entire month of issue for the
purpose of prorating the fee therefor.
7. If the license sought is denied by the Governing Body,
all fees paid with the applicatinn therefor, will be refunded
less the costs of public notice by the City.
SECTION 3. This resolution shall be effective beginning July 1,
1974.
PA, ED BY TRV, CITY COUN(;T-L OF
B _TH,� MAY 20tl�/DAY OF.
7
I _1Tjq_ -ds City Cle—rk
1, tho i ind e ra I gned, city Clerk of
going Is a true and correct. copy of the
the city of Kalispell, Montana, at a re
CITY OF KALISPELL I\N-l) APPROVED
1974. 1
r
of Kstispell, he±y',Iertify that the fore -
ton duly passe V-4.he city Council of
sting on � )6y20� 1974