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 Delano
 Code of Ordinances
 Title 6. BUSINESS REGULATIONS
 Chapter 6.08. GAMING ROOMS

  § 6.08.040. License: Applications.  

Latest version.

  • A.

    Any person desiring or proposing to commence or conduct any business, activity, enterprise, or undertaking designated, specified, or referred to in this chapter for the playing of games shall file with the city a written application for a license as required by the provisions of this chapter. Each such application shall contain and clearly and truthfully, under oath or affirmation, set forth and show, in addition to such other information as the city may require, the following information:

    1.

    The date of the application;

    2.

    The true name of the applicant;

    3.

    The status of the applicant as being an individual, firm, association, partnership, joint venture or corporation;

    4.

    If the applicant is an individual, the residence and business address of such applicant;

    5.

    If the applicant is other than an individual, the name, residence, business address, and capacity of each of the partners or members of the firm, partnership or joint venture and/or the name, residence, business address, and capacity of each of the officers and directors of the association or corporation applicant;

    6.

    The location of the business for which the license is sought;

    7.

    The number of operating tables to be placed, employed, or used for the playing of games;

    8.

    A description of any other business or activity proposed to be conducted at the same location;

    9.

    A description of the building in which the business proposed to be licensed is to be housed, giving the dimensions and floor plan of the entire premises;

    10.

    A statement that such building conforms to all the laws of the state and the city for occupancies of the nature proposed;

    11.

    A statement that the applicant understands that the application shall be considered by the council only after a full investigation and report have been made by the city manager, other city officials, or their representatives.

    12.

    A statement that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all the laws of the state and the laws and regulations of the city applicable thereto and that any violation of any such laws or regulations in such place of business, or in connection therewith, shall render any license subject to immediate suspension or revocation;

    13.

    A statement that the applicant has read the provisions of this chapter and understands the same;

    14.

    A full and complete financial statement of the applicant or, if the applicant is other than an individual, a full and complete financial statement of all pointholders; provided, however, the financial statement required by this subsection shall be a confidential qualified document, shall not be open to public inspection, shall be exempt from disclosure under the California Public Records Act, and shall be available only to those city officials having direct jurisdiction over the provisions of this chapter, to those state officials having jurisdiction over gaming establishments pursuant to the California Gambling Control Act, and to any court of competent jurisdiction where any matter relating thereto may be actually pending; and

    15.

    Such other information as may be required by the city.

    B.

    Concurrently with the filing of the application, the applicant, including all pointholders, shall be fingerprinted and photographed by the chief of police or his designee and pay the applicable fees.

    C.

    Notwithstanding any provisions to the contrary in the Delano Municipal Code or zone ordinance, gaming establishments shall not be operated except in the GC, AP, CRC or I zone districts subject to a conditional use permit.

    D.

    Separation and distance requirements.

    1.

    No gaming establishment shall be established within five hundred feet of any established church, school, public library, public park, or youth and family activity center, or within one thousand feet of any established residentially zoned property or any other gaming establishment.

    2.

    The distance between any two gaming establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any gaming establishment and church, school, public park, or other designated institution, or residentially zoned property shall be measured in a straight line without regard to intervening structures from the closest exterior structural wall of the gaming establishment to the closest property line of the church, school, public park or residentially zoned property.

    E.

    The city council may, in its discretion, issue the license, subject to such conditions as it deems reasonable, or refuse to issue the license. The city council shall be the sole judge of the sufficiency of whether the issuance or denial of the license is detrimental to the public interest and to the public health, morals, general welfare or the public peace. The decision of the city council shall be final.

    F.

    Lighting in parking lots. Lighting shall be required which is designed to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidence of vandalism and theft. Said lighting shall be shown on the required plot plans and shall be reviewed and approved by the police and planning departments.

    G.

    Gaming establishments may operate twenty-four hours a day.

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