§ 6.08.010. Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Applicant" means any person wishing to be approved by the city for a license or other ownership interest in a gaming establishment.

"Bureau" means the Bureau of Gambling Control with the Office of the California Attorney General.

"City manager" means the City Manager for the City of Delano or his/her designee.

"Commence" means and include commence, begin, initiate, start, open, and establish.

"Commission" in this chapter shall mean the California Gambling Control Commission established by the California Gambling Control Act (Business and Professions Code §§ 19800 et. seq.).

"Conduct" shall mean to conduct, transact, maintain, prosecute, practice, manage, operate, and/or carry on.

"Convenience dealers" are employees of the gaming establishment that are provided for the convenience of the players so that no player deals.

"Conviction" means a plea or verdict of guilty or a conviction following a plea of no contest.

"Employee" means every person who enters into an employment relationship or a contractual relationship with a gaming establishment, who acts under the direction of such gaming establishment, and performs services for such gaming establishment on the premises of such gaming establishment. Any persons whose work on the premises of such gaming establishment is transient in nature and/or whose work is performed as an independent contractor in a manner wherein such independent contractor is separately responsible for its own obligations and the gaming establishment has no direction or control over the method or manner by which such work is performed shall be excluded from this definition of employee. By way of example, and not limitation, delivery persons, construction workers, gardeners, suppliers, vendors, repair persons, as well as retained professionals such as attorneys and accountants shall be excluded from this definition of employee.

"Game" or "games" means any controlled game permitted under state law, whether or not such game involves the use of cards.

"Gaming establishment" means a business or enterprise licensed under the provisions of this chapter for the playing of a game or games.

"Gaming floor" shall mean that portion of the gaming establishment where games are conducted including without limitation that space within four feet from the edge of any table on which a game is being conducted within the same room.

"Gross revenue of the gaming establishment" means and includes collection fees and any and all other table generated revenues of any type or nature from a game paid to the gaming establishment. Subject to the limitations set forth in Subsections 6.08.330.F.3. and 4., gross revenue of the gaming establishment shall not include money received for, set aside for, allocated to, or paid in cash or prizes to players (or in the case of a charity tournament, to the designated charity) including, but not limited to, tournament prize pools or jackpots. By way of example, and not limitation, revenues generated from restaurant and/or alcohol sales shall not be included in gross revenue of the gaming establishment.

"License" means a license for operating a gaming establishment.

"Operating table" means any card table located on the gaming floor of a gaming establishment that is available for public use for games.

"Owner" means every person, firm, association, partnership, corporation, or other entity having a controlling interest, whether legal, equitable, or of whatsoever kind or character, in any gaming establishment that has been subject to an investigation prior to the issuance of a license by the chief of police or his/her designee.

"Player" means and includes a participant in a game in a gaming establishment.

"Pointholder" means every person, firm, association, partnership, corporation, or other entity having any ownership interest, whether legal, equitable, or of whatsoever kind or character, in any gaming establishment. As used in this definition, "ownership interest" shall include the receipt of points by hypothecation or holding points in trust for another.

"Purport to commence" and "purport to conduct" means and includes any showing, representation, indication or action which:

A.

By means of any sign, advertisement, or advertising matter, whether in, upon, or about any premises or otherwise; or

B.

By the appearance or arrangement of any premises; or

C.

By acts or statements of any person, or by the agents, servants, or employees of any person, indicates, suggests, holds out, or represents that any person is, would be, or appears to be conducting or in a position to conduct any business referred to in this chapter within the city.

"Work permit" means the permit required by the city, and issued to persons who have met the criteria established by the city, without which a person cannot be an employee.

(Ord. No. 2010-1217, § 1(Exh. A), 8-16-2010)