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Resolution 3047 - Amends Gambling RulesRESOLUTION NO - 3047 A RESOLUTION TO AMEND THE GAMBLING RULES AND REGULATIONS OF THE CITY OF NALISPELL; PROVIDE FOR FOW-4S, AND TO DECLARE AN EP-4ERGENCY AND PROVIDE FOR IM14FDIATE EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: 1. The Gambling Rules and Regulations of the City of Kalis- p(-ill as adopted by Resolutions No. 2968 and 3007, are hereby amended to provide as set forth in Exhibit "A" attached hereto and which, by this reference are made a part hereof. 2, The Mayor is hereby directed and aut rized to prepare and utilize such forms as may be needed to ca NO y ' out the provisions of these rules z�nd--`k-6-4't!lations. 3 A -l"emergency/is hereby proclaimed oF immediate necessity for the 6alth and s..��fety of the.,�jty 7)f Ka -spell and this te7V re8 Zli AS shall be effective imMed u on y u on passage and approval, PAS ED BY Tl-�E CITY COUNC�PL OF THE TY OF KALISPELL, AND P OV, � BY THE/MAYOR THIS _,qh DAY April 1976. ,OF ATTE r 1, the un ersignsd, City that the foregoing is a by the City OVU-n, I regular meeting held7 Norma E. Happ, Mayor C1 rk of the C. Kalispell ,,tify I,--- e -1 1 u Ue Copy the esOlution d-uly passed e City of Ka a Mon Montana_at spe Z q- "� CITY OF KALISPELL GAMING RULES AND REGULATIONS 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 he the policy of the City of Kalispell to comply with Title 62, Chapter 7, Revised Codes of Montana, 1947, in c6mplementing the, rule, 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 particuJar business establishment in which gaming is conducted. (c) Governing Body: "Governing Body" is the City Council. (d) Peace officer: "Peace Officer" means any p��rson 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 acting within the scope of his authority. (e) Person. "Person" includes an individual, business, association, 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 of general circulation in the city once a week for at least two (2) consecutive weeks, the last publication to be not more than seven (7) nor less than one (1) day before the date of the hearing so noticed. (g) All other words, terms and phrases as used herein shall take the meanings set forth in Sections 62-701 through 62-736, Revised Codes of Montana, 1947. REGULATION NO. 3: LICENSF.REnUIRED 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 "Bingo 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 having first Procured and thereafter maintaining 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. 3.20; Any person leasing, renting or hiring any game, table, or other gambling facility from a licensee under these regulations, shall be deemed a separate owner or operator of said game, table or other gambling facility and shall require a separate license here-.. under therefor. 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 who has had a license issued under this act 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 preceding the filing of the application for license; (6) a person who is not the owner and operator of the gaming business. 4.20: The governing body may deny a gaming license if the gov- erning body deems that the place or location for which the license is soujht 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 ar,�, one or more such persons to hold such licenses, shall then disqu,:.,_!1if'y all thereof on said application. 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 other gaming establishment or game, or is emploved bV or in ay,.v such other game or establishment, or has any -association by na�-,ie 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 on which authorized gambling games are conducted or operated, shall be licensed and controlled so as to better protect the public health,_�afety, morals, good order and welfare of the inhabitants1of said City. Any gaming license which is issued is a revocable or suspendable privilege and no person holding such a license is deemed to have acquired any vested rights therein. An applicant for a gaming license or the renewal thereof, is seeking the granting of a privilege, and the burden of proving his qualification to receive or retain 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- taining to an application may constitute sufficient grounds for denial of a license hereunder. 5.30: All applications for gaming licenses or review thereof shall be made to the governing body upon forms supplied by the governing body. Upon receipt of such application, the 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 investiazitionj it appears that the applicant is qualified under the law and t�at vy��- premises are suitable for conducting gambling games under the laws of the State and the rules and regulations of the body, the governin,,- 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 promptly furnish the governing b-ody with all additional information pertaining to the application or to the applicant which the board may require- Failure to supply the information required within five (5) days after the request has been received by the applicant shall constitute grounds for delaying consideration of the application or denial of issuance of a license,. 5.50: A separate application is required for each establishment for which a license is sought, irrespective of the ownership of such establishment. 5.60: The governing body may summon any person named in an application to appear and testify before it or its agents at such time and place as it may designate. All such testimony may be under oath and embrace any matter which the governing body or its agents ipe-,y deem relevant to the application. Failure to so apppar and testify fully and truthfully at the time and place designated unless excused, shall constitute grounds for denial of the application without further consideration by the governinq body. 5.70: Public notice will be given by the governing body of the time and place when application for a gaming license will come before the governing body for consideration. Such applicants are required to attend the meetings of the governing body at which the - 3 - 2,.! 5 application is to be considered. Applicants shall pay all costs of such public notice. REGULATION NO. 6: OPERATION OF GAMING ESTABLISHMENTS 6.10- It is the policy of the governing body to require that all licensed establishments wherein gaming is conducted in the City of Kali,.�;pell be operated in a manner suitable to protect the public health, safety, morals, good order and general welfare of the i.nhabitants of the said city. Responsibility for the employment and maintenance of suitable nethods of operation rests with the licensee and willful or persis- tent use or toleration of methods of operation deemed unsuitable, will constitute grounds for license revocation or other disciplinary action- 6.20: if, after hearinq,!�the governing body deems that any activity on the part of any licensee, his agents or employees is inimical to the public health, safety, morals, good order and general welfare of the people of this city or said licensee is operating in an unsuitable manner, same may be grounds for disciplinary action by the governing body in accordance with the Montana Gambling Laws and the regulations of the governing body. Without limiting the generality of the foregoing, the following acts or omissions may be determined to be unsuitable 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. a. 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. Employing in any capacity in or about any licensed establishmeat any person who has been denied a gaming license on the arounds of unsuitability or whose past activities and �eputation would tend to bring discredit to this city. 6. Employing in any capacity in or about 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 - 4 - 4 1+ V person whose conduct of a licensed game as a dealer or other employee of a licensee resulted in revoca- tion or suspension of the license of such licensee, 7- Willful or negligent violation of any portion of these rules and regulations. 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 testifV fully at the time and place designated unless excused, shall constitute grounds for the revocation or suspension of an�, license held by the person summoned, his principal or employer. 6.40: No licensee shall permit any gambling game than those specifically enumerated in the Montana Card Games hct, the Bingo and Raffles Law and Sport Pools, as defined in Section 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 or be permitted to operate any game permitte�,, or allowed hereby except "sport pools", unless such person has bee� 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 Flathead County, Montana, cis a "deale�: Any such person shall, while operating any such game, prominently display on his person his current "dealer" license issuod to him by Flathead County, For the purpose of this requiremenL 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 considered the "licensee" of a license -issued hereunder to said corporation, partnership or joint venture. 6.60: No licensee shall employ any person in any capacity while that person is in the employment of a law enforcement agency� 6.70: The governing body or its duly authorized representativ or any peace officer shall have the right at any time to make an examination of the premises and all gaming equipment therein. Such a person shall have immediate access to the premises and all parts thereof. Doors shall not be locked while persons other than the licensee or his employees are within or upon the premises. REGULATION NO. 7: TRANSFER OF OWNERSHIP OR LOCATION 7.10: Licenses may be assigned or transferred as -to ownership or location only with the approval and consent of the governing hod� Such approval must - be obtained before any assignment or transfer upon a form and procedure prescribed by the governing body for the governing body's Congideration, consent and approval of said transfc 7.20: Any request for transfer of ownersbip or location shall e accompanied by a fee of $50.00. - 5 - REGULATION NO. 8: OFFICIALS HOLDING LICENSE $.10: No gaming license shall be issued to or held by any person holding office in or employed by any agency of the City of Kalispell or Flathead County or the State of'f4ontana when the duties oF , . such office or agency have to do -with the enforcement of the ga�-,iing laws and these regulations, This regulation applies specif- ically but without limiting its effect to any person employed in the office of the county attorney, in the sheriff's office, any R�t�tmber of any local governing body or licensing board whose duties invollve the granting, denial, issuance, inspection, renewal, suspension or revocation of gaming licenses. This regulation shall app-ly to any person mentioned herein who has direct pecuniary interest dire��t or indirect in any establishment to be operated under a.gaming licexise within the boundaries of this city� REGULATION NO. 9: CORPORATION LICENSE 9.10; No gaming license shall be issued to a Montana corporation unless one or more of the following requirements is met: (a) The corporation was organized and has existed as a Montana corporation at least one year prior to making applica- tiOn for a gaming license; Or (b) A majority of the issued stock of said corporation is owned by persons who have been residents of the State of Montana for a period of one year immediately before making application for a gaming license, No gaming license shall be issued to a foreiga corproation unless all the following requirements.are met: (a) The corporation has been authorized to do business in Montana for a period of one year or more prior to making application for a gaming license; and 0 Y) A majority of the issued stock of said corporation is owned by persons who have been residents of the State of Montana for a period of one Vear or more immediately before making a.�)Plication for a gaming license. A corporate application shall be accompanied by a sworn state- mcnt showing the names of, all the owners of all issued stock of such corporation, together with the amount of stock owned by each stock- hQlder and the tesidence address of said owners. REGULATION NO. 10: VIOLATIONS HEREOF 10.10; Any person who violates or allows any violation of any portion of this regulation may have his gaming license suspended or revoked after being afforded a hearing by the governing body. - 6 - REGULATION NO. 11: EXPIRATION AND RENEWAL 11-10: All licenses granted hereunder shall expire at I midnight of June 30 following the issuance thereof. Operation of any gambling game on the premises covered by such license after such -expiration, without renewal of such license, or issuance of a new gaming license covering said premises is a viola -Lion of these regulations. 11-20: Gaming licenses issued hereunder are renewable upon application therefore on proper forms to he furnished by the City Treasurer. If the application for renewal is made by or on behalf Df persons having a financial interest in said gaming business who we -re not disclosed in the original gaming application or in a sub- 5equent renewal thereof, such application for renewal must be made it least thirty (30) days prior to the expiration date- For the )urpose of renewal such persons will be subject to all investigation, iotice and hearing as required for any other applicant hereunder. 1.1.30: All renewal applications must be accompanied by all .ees and charges required. REGULATION NO. 12: FEES 12.10: 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. 12.20: In addition, a licensee shall pay $360.00 per year per table where poker is played. 3.2.30: In addition, a licensee shall pay $180.00 per ,;-ear per table where panguingue is played. 12-40: All license certificates issued pursuant to th:; Resolu- tion shall be,prominently displayed on the premises of the "",-)Ider thereof and in the area where such games are operated. All tables licensed for poker shall have a 12" block letter "P" in the approximate center thereof- Those tables licensed for panquingue shall have t�ie block letters "PAN" at least six inches t6") high permanently painted or stenciled thereon in the approximate center .thereof. 12.50: All applications for licenses, renewals or transfer thereof, under this regulation, shall be made to the City Treasurer accompanied by the costs of notice and proper fees paid in full by cash, or cashier's or certified check from an established bank. 12.60: All licenses issued hereunder shall expire on June 30 following the date they become effective. License fees shall b�.� prorated from the date of issue, on a monthly basis, to said c�,piration date, provided, however, any license issued on or after I -larch 1, shall pay a fee for four months and shall not he further prorated; 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 - 12.70: If the license sought is denied by the governing body, all fees paid with the application therefor, will be refunded -less the costs of public notice by the City. Transfer fees, however, are not refundable. "Exhibit A" Resolut.fon No. I, the undersig ed, City Cl�rk of the Cit� /)f)�alispell certify f e e ol . d that the foregot:�Js a trp�e copy o th/eo sp , ion uly passed by the City Council of t; y of Ka 1 is 11 M ntana at a reg-ular meeting held 5 A il 1976 _/ 5 oi Aaiispe