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HomeMy WebLinkAboutOrdinance No. 605 ,~ a ~ ~ , ORDINANCE N0. ;. 5- BEING AN ORDINAP~CE AUTHORIZING AND PERMITTING CERTAIN FORIdS OF GAMBLING, AIdD PROVIDING FOR REGJLATION THEREOF`, AND FOR LICENCING AND FEES ATdD ENFORCEMTfiIT AND PENALTIES :i~ OR VIOLATIOPIS WHEREAS, the Legislature of the state of Montana has legal- ized certain card games, sports pools, bingo, and raffles under Title 62, Chapter 700, and under said Title authorized local governing bodies the power to license and establish regulations;and WHEREAS, it is the desire of the governing bodies of the various cities and the county to have uniform licensing and regula- tory laws covering gambling in Yellowstone County, the following licensing and regulatory procedures are hereby adopted; Regulation No. 1; LICENSE REQUIRED, EXCEPTIONS L.-lA~. License Required. Pursuant to the provisions of Sec- tions 62-707 and 62-719, R.C.M., 1947, as amended, except as herein provided, no gambling game shall be conducted in Yellowstone County, Montana, by anyone, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, on any premises, without having first procured and there- after maintained in full force and effect a gaming license issued by the governing body. 1.20. Social Games. Nothing in these regulations shall be construed t o prohibit social games played in private homes or residences. Regulation No. 2: DEF'ITdITIONS ~, 2.10. Definitions. For the purposes of this Ordinance, and any documents adopted pursuant to them, certain words and phrases are defined, end certain provisions shall be construed as herein set out, unless it shall be apparent from the contest that a different meaning is intended. 2-20. Churches, De#'ined. ~Churehes" as used in this Ordin- ance means an organization represented by a priest, minister, rector or authorized representative of any bona fide church or -1- • religion where such priest, minister, rector or representative holds or operates under a certificate of credit, commission or ordination under the ecclesiastical laws of a religious corpora- tion incorporated under the laws of any state or territory of the United States of America, or any voluntary religious association, and wrio fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, assoscia- tion or synod of the system or faith with w`hi_ch they are affiliated. 2.30. Unrecognized Churches, Defined. Any church or rel:i- gious organization which is organized for the primary purpose of conferring certificates of commiission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization. 2.40. Non-Profit Organisations, Defined. "Non-profit organ- izations" are used in these regulations means: 1) Governmental entities organized under the laws of the State of PHontana, if such entities are instru- mentalities of the State or its subdivisions. 2) Corporations and any conmiunity chest, fund, found- ation, or other organization organized and operated exclusively for religious,, charitable, scientific, testing for public safety, literary, or educatior:al purposes, or for the prevention of cruelty to animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no . substantial part o_ the activities of which is carry- ing on propaganda, or otherwise attempting to influ- ence legislation, and which does not participate in or intervene in any political campaign on behalf of any candidate for public office. 3) Civic leagues or organizations not organized for profit, but operated exclusively for the promotion of social welfare or education, or local associations -2- ~. ~ ~ ~ !~ of employees, the net earnings of which are devoted exclusively to charitable, educational, or recrea- tional, purposes. 4) Labor, agricultural, or horticultural organizations. 5) Business leagues, chambers of commerce, Nationally Chartered Veterans Organizations, or boards of trade, not organized for profit and no part oY the net earnings of which inures to the benefit of any private shareholder or individual. 6) Fraternal beneficiary societies, orders or associa- tions operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system. The govern- ing body may require any proof' it deems necessary to determine the nature of alleged non-profit organi- zations, and may deny that status to organizations not satisfying a majority of the governing body that it is a non-profit organization as defined herein. 2.50. Gambling Game, De]'ined. "Gambling game" means any game or contest of chance whereby one risks money, checks, or tokens redeemable in money, no matter how conceived. or operated, and in- cludes, but is not limited to every game described in Chapter '700, Title 62, Ei.C.PR., 1947, as amended, provided, however, that any gambling game exempted from local regulation and licensing by state law shall not be included in this definition. 2.60. Equipment, Defined. "Equipment" means: 1) LNith respect to bingo or keno or any other same derived from the term "lotto", the receptacle and numbered objects drawn from it, the master board upon which such objects are placed as drawn, the cards or sheets bearing numbers or other designations to be covered and the objects used to cover them, the boards or signs, however operated, used to announce or display the numbers or designations as they are -3- • drawn, public address system, and all other arti- Iles essential to the operation, conduct and playing of bingo; or 2} With respect to raffles, the implements, devices and machines designed, intended or used for the con- duct of raffles and the identification of the winning number or unit and the ticket or other evidence of right to participate in raffles. 2.70. Ca~~d Roor.~, Defined. "Card room".means any place or premises in the City of Laurel, Montana, in or on which any table is used or offered for use by the public £or the playing of cards for or from which card table any revenue or charge is derived by the owner or operator of such card table, place or premises. 2.80. -Card Ta'o"lc, Defined. °Card table" means any piece of equipment wYrich is used or offered for use by the public for the playing of cards for or from which any revenue or charge is de- rived by oraner or operator of the piece of equipment. The having or keeping of any card table in any card room shall be conclusive evidence that such card table is used or offered for use by the public for th.e playing of cards. 2.90. Card Games, Defined. '}Card game" means any game played with standard playing cards held in the hand, for which the prize is money or any item of value. 2.100. Authorized Car c. Games, Defined. "Authorized card games" are authorized. gambling games and are limited to the card games known as bridge, cribbage, hearts, panguingue, pinochle, pitch, rummy, whist, solo and poker. All other card games are unauthorized, and are prohibited. to be played in card rooms. 2.110. Poker, Defined. "Yoker° means draw, stud or low ball, or any combination thereof, played with five (5) or more cards per player. 2.120. Bingo, Defined. "Bingo" or keno or any other game derived from the term "lottd' means a game of chance whereby prizes are awarded on the basis of designated numbers or symbols -4- • • on a card which conform to numbers or symbols selected at random. Bingo, as defined in Section 62-716, R.C.M., 1947, as amended, is an authorized gambling game. 2.130. Raffle, Defined. "Raffle" Means a game of chance whereby prizes are awarded on the basis of a winning number or ticket selected in a drawing. Raffles, as defined in Section 62- 716, R.C.M., 1947, are authorized gambling games. 2.140. Govarnin~; Body, Defined. "Governing body" means the Yellowstone County Board of County Commissioners, the Billings City Council, the Laurel City Council, or the Br°oadview City Council, or any board or commission designated by them to act in gambling matters. 2.150. Person, Defined. "Person" means every individual, co-partnership, corporation, or other legal,entity. 2,160. Gaminr~ Ivfachine,_Defined.' "Gaming machine" means any implement, device, equipment, or machine designed, intended or used for the conduct of raffles or the receptacle and master board used for the conduct of bingo. 2.170.. Gaming License, Defined.- "Gaming license" means a license issued by the governing body to a qualified person under. which it shall be lavaful For the licensee to provide a place and equipment for the conduct of and operate games of chance and authorized card games, as provided in the Ordinance anc~ the Montana Card Games Act, the Bingo and Raffles Law, and the Sports Pool Act. 2.180. Licensee, Defined. whom a license is issued. "Licensee" means the .person to 2rI90. Manor, Defined. "Minor° means. an individual under the age of eighteen (18)' years. 2.200. Premise, Defined. "Premise" means any building, Struc- tune, lot or parcel of real property under the control of any person. 2.210. Temporary License, De~~.ed. "Temporary license" means a gaming license issued by the governing body for a specified period not to exceed twenty-one (21) days. -`o~ . ~ • • 2.220. Dealer+s permit, Defined. +'Dealer+s permit+~ means a permit issued by the governing body authorizing an individual to deal, supervise, participate in, conduct and operate authorized card games and games of chance as an agent, servant, employee, or independent contractor for a licensee on a premise for which a gaming license or temporary 11Cex~ee has been issued pursuant to this O~~B~. Regulation No. 3: FEES _3.10. Application Fess. IIpon application for a gaming license or dealer+s license, the city treasurer shall charge and collect for each individual applicant a non-refundable investi- gation fee in the amount of FIFTY DOLLF,R3 050.00) to be paid into the general fund. The application fee shall not apply to churches or non-profit organizations, but organizations who apply for this status and are found not to qualify shall pay the full investigation fee before a license, if any, is issued. 3.20. Fees. Before issuing any licenses as defined in-this Ordinance, the citq or county treasurer shall charge and collect from each applicant license less as follows: ~) ~) From each owner or operator of any premise which has been licensed as set forth in this Ordinance, a parlor or premise+ license of P~~E~~~QI, ~(@6:89~° -y~!'+.~ ~.C rye .,.. a.,. C,R efi e~ 4"-•k.~ ~_-exa per year and in addition thereto, ~D;tL~-~q'y'/yry'~' (.~£O©':i3E~} per year each year for each table or stand where poker and/or panguingue are played. All other card games shall pay an annual license fee of ~-~.___ D03-f'Yff"00) per table. Bingo: ~.) From each owner or operator of any premise and any individual, other than non-profit organi- zationa or churches, who operates a bingo, keno or any other game derived from the term C~,~.e. "lotto'+, as defined in this ~Drd~#•ne~re, ~3~'' ~8~-(-~59@:-A43~- per year for svery -6- • • year. For non-profit organizations or churches, the fee for bingo is; per year-X100.00. From each. owner, operator or any indivio.ual who operates a raffle as defined in this Ordinance, a license fee shall be charged as follows: ~.) A license fee of Fd~~-DQ~AS ( for any ~4tk-~ (c4!:~ r , a prize not exceeding"i~Pfc,--I~LTITDRF~-F~P'TY~-Oq~°it5 (~A.04~.. ~) A license fee of FIVE ~3UNDRE~~ DflLLAFS ~,~;SOfl..00) ,..~, .a; gyn. ~.,.t,. 9~u i',s.~: "'~ ,e„°~3 i. n., 4C; for any prize in excess of `T+n`0 iiURf~RFsD FIFTY °`1C .:ax',`o ~1,~..~.-i~ (p6%t~S"~P }.L.~' Iwf r :: `? t~ :7 ', D4Li,A:RS (~E~9-s80)"'~to the maximum allowed ~y'law ~) A license fee of-2~3~T-l'.E~,C#~T~='~3PN~`~of the total value of the pool for each sports pool as defined in Chapter 700, Title 62, R.C.P., 1947, as amended. Non-profit organizations and churches operating a raffle as defined in this Ordinance shall pay a license fee as follows: kern-c_fi-".-,A.~F .a~.S>>~~ v~ ~.) A licens® fee of T~N'I5'OL"~iRS"~~TOs:'Oa) for any prize not exceeding TN~IJREi`'~~3~`i~--t9~bf1.00). A license fee of F~'l DUITLA~---(~50,.OQ)._.for any prize in excess of Tt~O HUNI.7RED"FIFTY «iDI,FS...(,~p250.,00)„__ to maximum allowed by law. ~6) Every raffle conducted under the licensing provisions of ~($) and (fir) and Q(~) and (~) must be concluded /~ and the prize awarded no more than -sixty ,~~.Q3"'~days << d\~ ~ after the issuance of the lic enae therefore. J ' ~ Q° ~ 5 LS ~a9. Temporary Licenses. l" Non-profit organizations and churches may, in lieu of an annual licens®, obtain special licenses for each day of operation as follows: Authorized card games: ~i) Bingo: Pegs table-~fi0.00 per day Per dag-~19~8 ` ~} Other qualified persons may obtain a temporary licens r. for bingo for the following fee: Per day-~2ff~0. 0_ -7- ~0: Fees to be Paid and Applications to be Delivered to City Treasurer. A11 Pees and applications mentioned herein shall be paid and delivered to the City Treasurer. All license fees shall be annual and shall expire June 30 of each year and such fee shall be prorated semi-annually. ~ ~•~°~`~ e5 ~ ~ ~r3~~E3. Dealers Licenses and Fees. Upon application for a dealers license as herein defined, the City Treasurer shall ~i. ..,E c,-G a~ ~` rw;.k collect a non-refundable fee of F~e~`~~:e.RS -_(~~9-:90} to be paid into the gen®ral fund, and at the time of issuance of the license, an annual license fee of ~d~•~PErEcARS£`(~10°.~L~) shall be collected. 4- Y.. C~'J D 'T •a_ua- Licenses May Be Issued. Gaming licenses and dealer licenses may be issued to qualifiad applicants as herein provided, v~aereby the licensee shall be authorized and permitted to pro- vide gaming equipment and card tables for authorized gambling games and to operate and conduct authorized gambling games. No person shall permit the operation or conduct of any gambling game on his premise until he has obtained a gaming license and his agents and employees involved in gambling have obtained dealer licenses. ~,± ~~,~ Persons Unqualified to Hold Licenses. No license shall be issued to: I" A person who has been convicted of being the keeper or is keeping a house of ill fame; ~ person who has been convicted of pandering or any gambling offense or other crime or misdemeanor opposed to decency and morality, under the laws of the federal government or any state oP the United States; r~ ~ A person whose lieeaise issued under this Ordinance or the ordinance or regulation of any other city, town or county in this state relating to gaming, has been revoked for cause; A person who, at the time of application for renewal of -8- • • any license issued hereunder, would not be eligible for such license upon a first application; A person who is not a citizen of the United States and who has not bean a resident of the state of Mont- ana for at least one year immediately preceding the Piling of the application for license; (^~() In the case of applicants for licenses, a person who /, is not the legal owner or operator of the business or establishment to be licensed, except for non-profit organizations and churches, unless the governing body determines the owner or operator should make application; ~r,~ Minors and incompetents; ~) A parson who has been convicted of any crime or misdemeanor involving moral turpitude or violence against an individual. s ~~~, (d~ ~.~9. License-When Not Effective. No license shall be effective until a permit shall have been Pirst secured under the laws of the United States, if such a permit is necessary or is required under such laws. s,~;c ( b si 48, Unqualified Locations. A gaming license may be denied if the governing body deems that. the place or location for wYLi.ch the license is sought is unsuitable for the conduct of gaming operations. Bltithout limiting the generality of the fore- going, the following places or locations may be deemed unsuitable; 1} Premises located in a place where gaming would be contrary to a zoning ordinance; 2} Premises difficult to police by reason of physical c~3 I ~~ layout or construction. sted Applications for licenses shall be in the names of all persona financially interested or to be financially interested in the business to be conducted pursuant thereto, and the names of all such persons shall appear on such licenses. A disqualification of -9- • any one or more such persons to hold such licenses, shall dis- qualify all thereof. This requirement shall not apply to non- profit organizations or churches unless the governing body de- termines it necessary. 5.~r~ ~a ~0-r Licenses May be Denied Because of Ownership. The governing body may deem that premises are unsuitable for the conduct of gaming operations by reason of ownership of any inter- est whatsoever in such premises by a person who is unqualified or disqualified to hold a gaming license regardless of the qual- ifications of the person who seeks or holds a license to operate gaming in, or upon such premises. Applicants to Disclose True Owner of Premises. In all cases in which the premises wherein or whereon the gaming operation for which a gaming license is sought are not wholly owned by the applicant, the applicant shall furnish to the city a statement of the name and address of the owner or owners of such premises, a copy of all agreements whereby the applicant is en- titled to possession of the premises and such other information as the governing body may require. S~~D Anolicant to Disclose Persons with Security Interests in Property. In all cases in which the premises are wholly or partly owned by the applicant, the applicant shall furnish to the city complete information pertaining to the interests held by any person other than the applicant, i ia.,. ~i-.~--- st-tre°3c~-~ry--e~rry perscxroth~rr-ttsan the -spgl.iea~rt, including interest held under any mortgage, deed of trust, bonds, or debentures, pledge of corpor- ate stock, voting trust agreement or other device whatever, to- gether with such other information as the city may require. This requirement shall not apply to non-profit organizations or churches~aunless the governing body determines it necessary. S ~i ~0. 4 f 4`SFd. Changes in Ownership of Interests in Premises to be Reported. Every licensee shall furnish to the governing body complete information pertaining to any change of ownership of -10- ._ ~ ~ ~ ~ • any such interest in the premises wherein or whereon the licensed gaming is operated at least thirty (~9~ days before the date of such change; or if the licensee is not a party to the transaction effecting such change of ownership immediately upon acquirinf; l~owledge of such change of ownership or ar~p contemplated change of owners ip. S, Ct~, 1 ~b ~4.1DA, All Persons with Interest may be Required to for License. If the governing body determines teat a landlord or financier by reason of the extent of his holdings, or his in- herent control financially, cannot in fact be separated from the gaming operation and that as a practical matter a single entity exists regardless of the form of organization, it may require that all such individuals be licensed. @Vithout limiting the gen- erality of the foregoing, such a situation may be deemed to exist in any instance where an owner of premises leases the same to operators under terms which are not in accordance with the usual and accepted business practice. ~-zvv-. Lease be Reported. A licensee shall report to the governing body all leases of premises used or to be used for gaming purposes to which it is a party not later than thirty ~- days after the affective date of the lease and shall include the following information; 1} The name, address and a brief statement of the nature of the business of the lessor; 2) A brief description of the material of the lease; 3) A brief description of any business relationships between the licensee and the lessor other than by the lease. The go~,erning body may require any lessor be found unsuit- able if tide governing body finds the relationship between the operating licensee and the lessor pursua~_t to the lease or other- wise is so close that the lessor and licensee constitute but one economic entity. S. 4`~D License Forfeiture and/or Revocation. 1) In the event any application for licensing misrepresents -11- Y ~ • or has misrepresented any fact requested or required under this for Title 62, Chapter 700, R.C.M., 1947, as amended, or violated any of the requirements or rules of this Ordinance and~or the laws of the state of Montana pertaining to gambling or liquor laws, said license is and shall be subject to forfeiture and re- vocation upon hearing being had and in accordance with the la ws of the state of Montana and the Ordinances adopted by the City of Laurel, Montana, and such re- vocation shall be in addition to any other penalty imposed by law and violation of any of the Montana Criminal Codes, gambling laws, or liquor laws and shall constitute forfeiture and revocation of said license. 2) Conviction of a violation of the gambling laws and this ~r"nce shall constitute forfeiture of a dealer~a license. R~i~ff'~1o. 5 . ...................~._.. ..n__.: LICENSIP7G'"~•Rf~~B~-.- ' ~~~A. Gaming a Privilege. It is the declared policy of the governing bodies that all premises on which authorized gambling games are conducted or operated are licensed and controlled so as to better protect the pub lic health, safety, morals, good order and welfare of the inhabitants of tYie City of Laurel and the county of Yellowstone. Any license which is issued is a revocable privilege,-and no person holding such a license is deemed to have acquired any vested rights therein. An applicant for a 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 ap plicant. An applicant must accegt any risk o:~' adverse public notice, embarrassment, criticism, or other action. of'f'inancial loss which may result from action with respect to an application and expressly waive any claim for dam- ages as a result thereof. '~ ~ ~a'' LY ,e ~'. Applicants ma;,~ Assert Constitutional Rights. An applicant may claim any privilege afforded by the Constitution of -12- • • the United States or of the State of Montana in refusing to answer questions by the governing body. However, a claim of privilege witr. respect to any testimony or evidence pertaining to an application may constitute sufficient grounds for denial. ter' ~a~°,~'~~ ' -5.::,~. Applications. All applications for gaming licenses shall be made to the governing body upon blanks supplied by the governing body. Upon receipt of such application and the appro- priate application fee, the governing body will make or ~aa~i~@ to be made a thorough investigation as to the qualifications of tkie applicant and the suitability of the premises for operating a gambling game. If, upon such investigation, it appears that the applicant is qualified under the 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. As a prerequisite to filing, all of the following must be completed and presented; 1) Application form, under oath, in duplicate, for the individual or business entity, along with the appro- priate application fee; 2) Personal history record, under oath, in duplicate, including criminal record for each individual, partner, ,joint venturer, trustee or corporate officer who has any financial interest direct or indirect in the business entity, said personal history to be deemed a part of the application form; 3) Two fingerprint car ds for each individual, partner, or corporate officer; 4) Two copies of each of the following, if applicable: a) Articles of Incorporation and Certificate of Incorporation; b) Partnership Agreement; -13- ~ ~ i c) Trust Agreement; d) Joint Venture Agreement; e) Purchase Agreemt~ut; f} Lease Agreement; g) Bill of Sale; h) Management Agreement. S~f ~',~'~io 5-s-~O. Additional Information may be Required. Each applicant shall promptly furnish the governing body with all additional information pertaining to the application or to the applicant wYiieh the governing body may require. Failure to supply the informa- tion requested within five days after the request has been received by the applicant shall constitute grounds for delaying consi eration of the application. _5-,-50. Separate ~,pplicationsm A separate application is required for each establishment for which a license is sought, irrespective of the ownership of such establishment. ~8. Governine Bodv may Limit Number of Individuals.om (~~~ ~PR'fi rt21_ The governing body ma~j~, whenever it deems a public interest to so require in any particular case, limit the number of individuals who may be named in any initial application for a license or in any ap placation to add new parties to, or for approval of new interests under an existing license. S, 48, ~~~ -rr.9~. Governing Body may Summon and Examine Applicants. The governing body may summon any person named in an application to appear an~~. 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 may deem relevant to the application. Failure to so appear and testi- fy fully at the time and place designated unless excused, shall constitute grounds for denial of the application without further consideration by the governing; body. -14- • y. ~r ~ ~z a 5-:-B@: Notie®. Notice by letter will be given by the govern- ing body rbo all applicants of the time and place when their appli- cation for a gaming license will come before the governing body for consideration. Such applicants are expected to attend the meetirr~,s of ti;.e governing body. Applicants inay be represented at the meetings by counsel. The governing body will notify the app- licant in writing of the disposition of his application. x.10. Public to be Protected. It is the policy of the governing body to require that all licensed establishments where- in gaming is conducted in this county be operated in a a®~ suitable to protect the public health, safety, morals, good order and general welfare of the inhabitants of this county. Responsibility for the employment and maintenance of suitable methods of operation rests with the licensee and willful or per- sistent use or toleration of meti,oda of operation deemed unsuit- able will constitute grounds for license revocation or other dis- ~linary $ction. S~Y~, ~`JG Unsuitable Methods of eration. The governing body deems that any activity on the part of any 13censee, his agents or employees which is inimical to the public health, safety, morals, good order and general welfare of the people of this county is open sting in an unsuitable manner and shall be grounds for disciplinary action by the governing body in accordance with the Montana Gambling Lav:s and the regulations of tYae governing body. Without limiting the generality of the foregoing, the follow- ing acts or omissions may be determined to be unsuitable methods of operation: 1) Failure to exercise discretion and sound judgement to prevent inoidents which might reflect on the repute of this county. 2) Permitting persons wrro are visibly intoxicated or otherwise not in full control of their facilities -15- • to participate in gaming activity. Cis ~'}`;, Complimentary service of intoxicating beverages in the °H' gaming area to persons who are visibly intoxicated. Failure to conduct advertising and public relations activities in accordance with decency, dignity, good taste, honesty and inoffensiveness. '€~j 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 congress- ional investigation committees, or other officially constituted bodies acting on behalf of the United States or 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 cou my 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. ~( ~ ` Employing in any card room any person who has not ob- tained a dealer+s license as defined and provided in this Ordinance. Employing in any capacity in or about any licensed extsblishment any person who has been denied a gaming license on the grounds of unsuitability or whose past activities and reputation would tends to bring dis- credit on this county. Employing in any gaming operation any person whom the governing body or any court has i~oun~] guilty of cheating or using any improper device in connection with any game, whether as a licensee, dealer or player at a -ls- • ~ ~ i 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. 9) Employing in any gaming operation any person who has been convicted of pandering, any gambling offense, or any crime or misdemenaor opposed to decency or mor- ality, under any law oP the United States of any state of the United States. 10} Permitting games to be played by the use of credit extended by the house to a player or between players. if1 11) Not posting rules of game in accordance with Section F' 62-705, R.C.Pi., 1947, as amended, and in addition posting the value of colors of chips used in play. U 12} Violating any state gaming or liquor or beer laws. ~r~.9@F38@@@~--ffiB~'y'""330t""RB~Lt9'B~-$o-filflt9~n... ~Fl ren rar r7 c. t.n (1f fi..i n~1 hrsp'e'~'Gi-otaY--= No applicant or licensee shall neglect or refuse to produce records or evidence or to give information upon proper and 7la~tm]L demand ~~ an authorized agent of the governing body or shall otherwise interfere or attempt to interfere with any proper or lawful efforts by the governing body or any agent of the governing body to procure such information. l (j.~'c. 3 /~.~u..,~.,~e~r'a.a-T-w"~i~_a-,~!~4'.'t:.'C.L1~~ G. ~ ~j t..w~e,~„,;' , -~i=~~_ _ --- '.~he-ir-~rgert#s~-- The governing body may summon any licensee or his agents or employees to appesr to teaaify before it or its agents with regard to the conduct of any licensee or the agents or em- ployees of any licensee. All such testimony shall be givtsn under oath and may embrace any matters which the governing body or its agents may deem relevant to the discharge of their officia 1 duties. Any persons so summoned to appear shall have the right to be represented by counsel. Any testimony so taken may be used by the governin; body as evidence in any proceeding or matter then before it or which may later come before it. Failure -17- • • 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 persons summoned, his principal or employer. tted. No licensee shall permit ~y game other than those specifically enumerated in Sections 62-703, 62-716, and 62-727, R.C.1VL, 1947, as amended, or these regulations, to be operated on the premises for which the license has been issued. 5.~~~ ~L~ 6~-Fib, Relatives and Law Enforcement Employees Ineligible. No licensee shall employ any person or any member of his or her family and to the second degree of consanguinity while that person is in the employment of a law enforcement agency or any member of the Gambling Commission or their immediate family. x ~~ uvJ~ ~'~:-"Premises to be Open to Law Enforcement Inspection. The governing body or its duly authorized representative or the County Attorney, or any peace officer shall have the right at any time to make an examination of the premises and the govern- ing body or its duly authorized representative or the County Attorney shall have the right at any time to make an examination of the licensees books, records, and gaming equipment. At all times when any person or persons other than the licensee or his employees are within or upon any premises licensed for gambling games, such premises shall be open to immediate in- spection by the County Attorney, any peace ofi'icer, a:.d any authorized representative of the governing body. Such persons shall have immediate access to the premises and all parts thereof. Doors of licensed premises shall not be locked wizile persons other than the licensee or his employees are within or-upon such licensed premises. ~~. Card Table Operations. Each card table shall have assigned to it a person whose duty shall be to supervise the game -18- r .. ~ ~ • and insure that it is played strictly in accordance with Montana law and the terms of this ~~' ~_ Every operator and employee of a card room licensee shall at all times when on duty have a dealers license and wear an identi- fication badge containing name, age, and address. The governing body may require such other identification as it deems deaireable from time to time. Every poker and panguingue table shall have inscribed on its top surface a large "P" in a letter style at least six „inches high. a ICJ '~~6:9Q3 Closing Hours. The closing hours of gambling establish- ments shall coincide with the ~.iquor sale hours as set forth in Section 4-414, R.C.M., 1947, and no game of chance or authorized card game may be operated in any premise during these closing hours. ~ i -~ Conclusion of Raffle. At the conclusion of the drawing of any raffle, this container and tickets (or ticket stubs) shall be sealed and immediately delivered to the City Clerk or duly authorized representative of the governing body for examin- ation and disposal. S~ Y~`. '3`d o 6..-110. Conclusion of Sports pool. Upon the determination of a winner for a sports pool, all cards or paraphernalia used in such pool shall be immediately delivered to the City Clerk or duly auth orized representative of the governing body for examina- tion and disposal. 1 S'Y~~~~-:36 Records to be Kept. Every licensee shall keep com- plete and accurata records of all transactions pertaining to gambling in the licensed establishment. A1I accounting records shall be retained for a period of three ~ years unless written permission to do otherwise is obtained from the governing body. All accounting records shall be retained within the boundaries of the City of Laurel, Montana, unless written approval of the govern- ing boc~p is obtained to store outside the county. Records shall be available for examination by the City or Gounty Attorney, any -19- ~~: • ~ ~ ~ peace officer, and agents of the governing body upon request made to such licensee management personnel as are in charge of the establishment during normal business hours. The licensee shall provide adequate working space for the City or County Attorney, peace officer or the agents of the governing body to make such examination. The City or County Attorney, peace officers and agents of the governing body have the power to inspect, copy or have photostatic copies made of any records of the licensee which relate to the operation of the gaming establishment. ~-.?~Ar Records to Reflect Gross Income and Expense. Every holder of a gaming license shall maintain records adequate to re- veal gross income and expense relating to gaming operations. Financial Statement may be Required. The governing body may order a copy of a licensees financial statement as pre- pared by independent public accountants reporting all activities in the city. If, in the opinion of the governing body, an inde- pendent audit is necessary, it shall be required and at the ex- pense of~the licensee. Business Records to be Kept. Corporate licensees shall keep available for inspection: 1) A certified copy of Articles of Incorporation and any amendments thereof; 2) A current copy of the By-Laws; 3) A current list of officers and directors; 4) DRinutes of all meetings of stockholders and directors.; 5) A current list of all stockholders, including their names and addresses and the number of shares held by each and date acquired; 6) A complete record of all transfers of stock; 7) A record of amounts paid to the corporation for issuance of stock and other cap ital contributions. Partnerships shall maintain individual accounts in the general ledger for each partner showing separately: -20- .. ~ ` • • 1) Dates of capital contributions and percent of interest held; 2) Withdrawals of partnership funds or assets; 3) Salaries paid to each partner. A sole proprietorship shall maintain adequate records to re- fleet original investment, subsequent additions thereto and with- drawals therefrom. ~, ~ ~~3a d: Transfer of Ownership. Any license or permit set forth herein is pei°sonal to the owner or licensee and is unassignable or non-transferrable and upon transfer of the premises or business on which gambling is being operated, said licenses shall be termi- nated and purchaser must make a new application for licensing ' L No gaming license shall be issued to or held by any person holding office in or employed by any agency of the city of Billings, city of Laurel, city of Broadview, county of Yellowstone, or the state of Pdontana, molten the duties of such office or agency have to do with the enforcement oP the gaming laws and these regulations. The regulation applies specifically but without limiting its effect to any person employed in the office of any attorney representing the governing bodies or licensing board, the Sheriff of Yellow- stone County, the police departments of the governmental units represented by the Gambling Commission, and ~ y member of any of the governing bodies or licensing board whose duties involve the granting, denial, issuance, renewal, suspension or revocation of gaming licenses. This regulation shall apply to arry person men- tioned herein wito has any pecuniary interest, direct or indirect, in any establishment to be operated under a gaming license within the boundaries of this county. Raga-lstran-ado:"--°TQ: ~t7R~ftA~?`s•°b3G~E9° S, ~! ¢' Montana Corporation. No gaming license shall be -21- said premises as provided here. . j~_ • • • issued to a Montana corporation unless both of the following requirements are met: 1) The corporation was organized and has existed as a Montana corporation at least one f~,l-)-"year prior to making application for a gaming; license; and 2) A majority of the issued stock of said corporation is owned by persons w'rro have been residents o1' the state of Montana for a period of one ,(-1)~year immediately before making application for a gaming license. 5. 4~ ~~ ~0 Corporate Applications. A corporate applicati on shal 1 be accompanied by a sworn statement showing the names of all the owners of all issued stock of such corporation, together with the amount of stock owned by each stockholder and the residence addresses of said owners. S< <F~. ~7d 14..34. Dual Interest. Any person owning stock in a corpor- ation which holds a gaming license shall not be qualified to have an interest, either as owner, partner, or stockholder, in another gaming license issued by any other governing body within the state of Montana s. ~~• u88 i9-r4b: Interest Holder Ineligible. No person who awns any interest of any sort whatever in or to any licensed gaming oper- ation and a+ho also actively participates in the management or conduct of the licensed games or establishment shall play or be permitted to play either in person or through an agent at any gaming table in such establishment. Reg~rl-&t-sue ~'0.___11.s___..Ta~[FORaYt~-L1C'P?~~:~._.._, 5: 4~~. Q mporary Licenses may be Issued. Temporary licenses may be issued to non-profit organizations and churches upon proper application; and, in the case of bingo, may be issued. to any qualified person who has applied, paid the investigation fee, and has been approved. s.y~,5~c~ ~.'~ All Regulations Apply. Every requirement of these -22- t. • • ~ • regulations pertaining to regular licenses applies with equal effect to temporary licenses. governing body. Applications for such dealer license may be ob- tained from the city treasurer and shall be submitted under oath and contain such information as may be deemed by the governing body necessary to determine whether the applicant is a proper person to be employed in a card room. No dealer license shall be issued to any person wYio is not a citizen of the United States and vrho has not been a resident o£ the state of Montana for at least on~) year. The governing body may deny such applicant a dealer license if in their opinion good cause appears why such person should not be perrnitted to be employed in a card room. r~~' Z/Sc ''~ ` ~0. Permittees to Wear Identification. Every operator and employee of an operator of a card room license hereunder shall at a3.1 times when on duty have his permit on Yzis person and an identification badge containing his name, age, address and des- cription, or such other identification as the governing body may from time to time require. Regulation--~lfoY - 13: R~TOCA`iiltN'T31~ 'StP~'f'E1~P5'T01~1°"'C:F'"`LTL'L'1V5E 7 ~ ' 1~~. -ern trg ,~- -- f-~~inr=-~a1ce ~oz+ S~ License for Cause, Notice of Appeal. The governing body shall have the right for cause to revoke or suspend. any license issued hereunder and take possession of such licenses. The action of the governing body in this respect shall be subject to an appeal of the District Court. Notice of such appeal shall be filed with the County Clerk and Recorder or the City Clerk. Otherwise, the action of the governing body in revoking or suspending the gaming licenses shall be final and conclusive. -23- Employees in card rooms must obtain a dealer license from the • • U 1°~ ~•r `~ -5~.-3d3. Gambling Commission, Appointment. Thera shall be appointed a Gambling Commission consisting of nine ("9 )'members; three (~3} of whom shall be appointed by the city of Billings; three {.~,} of whom shall be appointed by the Board of County " Cormnissioners oi' Yellowstone County, Montana; two (=2)- of u~hom shall be appointed by the city of Laurel; and one (3) of wYiom shall be appointed by the town of Broadview. $aid Gambling Commis- sion shall act as agent and representatives of the legal entities " involved therein. Each member shall have been a resident of the county of one~(3.~"year, a citizen of the state of Montana, and. a citizen of the United States. Each member of the Gambling Comm- fission shall hold office for a term of four ~~) years and until his successor is appointed and qualified. A commissioner may not serve for more than two,(-) consecutive terms. However, in the appointment of the members of the First Commission to be appointed, two,"(2) of such members shall be appointed to hold office for a term of one'`(1) year; two.(2) of such members shall be appointed to hold office for two (?~)`yeara; two-(2) of such members shall be appointed to hold office for three~~3)"years; and three (3) of such members shall be appointed for a term of"four (4) years. The members of tae Corr¢nission can be remove d. from office by the appointing governing bo dy for cause. For the first year the town of Broadview shall appoint one (l) member for two {2) years; the city of Laurel shall appoint one (,lj member for a term of two`"(2) years; the city of Billings shall appoint one-('1) member for a term of ohe (.3) year, shall appoint one ~k.}" member for a term of three ("3} years and shall appoint one (1) member for a term of four,{-~')'° years; the county of Yellowstone shall appoint one-(T) member for a term of one (1) year, shall appoint one {'1) member for a term of three (,3) years and shall appoint one (1)."member for a term of four (~" years. -24- ~~~~ ~ • Gsmblinr~ Commission Rules and Regulations. The Gambling Commission shall adopt rules and reg~zlations-for issu- ance and revocation of licenses in actor-dance with the rules and regulations of the ~dontana Administrative Code. irJ:~~:'" Any p~raon violating any provision of this ~rdi-rsf~rice ~-y ~._~ ~a~~ I /6 o.-`~~~ms--o€ is~is -13:e-en-se, shall b® punished .by-a fine -of` no't" i "~:_ mose--than--Fly _HUNDE~ED DOF~RS (~5E30;00)__- and ~. ;jail- eentsnee- <sf nod-raors tha~rsax (6} months. Fistula-t#~ -~o :.....38 ; ~_ :3~~~~T'Y 16.10. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the, act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable. DONE this day of , 1974. CITY COUNCIL OF LAUREL ATTEST: B y Mayor C ty C~ er -25-