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