§ 5-56. Applications.

(a)

In addition to the application information required by section 5-28, applicants for licenses required by this article for race tracks or for wagering establishments shall also provide the following information:

(1)

The identity of all owners, managers and employees of the applicant's business, who will have any part in the operation, control, policy or decision-making and/or management of the race track or wagering establishment to be located within the city. In the case of a corporation, the foregoing shall, at a minimum, identify the corporation's principal officers, directors, and principal shareholders. The applicant shall furnish complete and accurate information, and certify the same, on whether any of the identified owners, managers, employees, and the corporation's principal officers, directors or principal shareholders, have in the previous ten (10) years been convicted of any felony or have ever been convicted of or been found in any civil action or administrative proceeding to have been responsible for any violation of law or regulation relating to racing, wagering or gaming, in any jurisdiction; and shall furnish such information on any such offenses or violations as the chief of police may reasonably require. All such identified owners, managers, employees, and the corporation's principal officers, directors or principal shareholders shall be subject to criminal history information checks and fingerprinting, unless waived by the chief of police under the circumstances of a particular application in view of the present or anticipated degree or type of control exercised by such person or such person's present or anticipated participation in the operation, policy or decision-making and/or management of the race track or wagering establishment. In situations where the applicant has supplied the background information required in this paragraph (1) to the Arizona Racing Commission or to the Arizona Department of Racing and/or the identified individuals have been subject to criminal history information check and fingerprinting by the Arizona Department of Public Safety, in connection with a racing, gaming or wagering license which pertains to the race track or wagering establishment, such information and/or criminal history information check and fingerprinting need not be duplicated in the application for city license under this section if all of the following conditions are satisfied:

(i)

The background information required by this paragraph (1) has been thoroughly and accurately supplied by the applicant to the Arizona Racing Commission or to the Arizona Department of Racing within the twelve (12) months prior to filing of the application for a city race track or wagering establishment license, of if supplied prior to such twelve-month period, the applicant has updated such information within the twelve (12) months prior to filing of the application for a city race track or wagering establishment license as to any material changes.

(ii)

Utilization by the applicant in support of its application for a city race track or wagering establishment license, of information previously supplied to the Arizona Racing Commission or to the Arizona Department of Racing, as permitted herein, shall constitute a representation by the applicant that such information is complete and accurate and that no material changes have occurred as to the matters reported therein since the information was supplied or last updated.

(iii)

The procedure permitted under this paragraph (1) of the applicant utilizing information supplied to the Arizona Racing Commission or to the Arizona Department of Racing and/or criminal history information checks and fingerprinting by the Arizona Department of Public Safety may only be used by the applicant if the information supplied and/or information obtained through the criminal history information checks and fingerprinting are accessible by the chief of police.

(2)

Information on the status of any license required by the state for the race track or wagering establishment.

(3)

Whether the applicant or any of its owners, managers, or employees, and in the case of a corporation, its principal officers, directors or principal shareholders, identified as required in this section, have ever held or had an interest in any license or permit, in any jurisdiction, for racing, wagering or gaming which was revoked or suspended by the issuing jurisdiction. If so, information shall be provided on the license or permit and jurisdiction involved and on the grounds for revocation or suspension.

(4)

Whether the applicant or any of its owners, managers or employees, and in the case of a corporation, its principal officers, directors or principal shareholders, identified as required in this section, have ever applied for or had an interest in an application for any license or permit, in any jurisdiction, for racing, wagering or gaming, which was denied by the jurisdiction to which application was made if the grounds for the denial included any of the following, or if allegations were made by the jurisdiction during the license application process of any of the following: Lack of good character or unsatisfactory criminal background of any person involved with the license or applicant, misconduct, violation of regulations, or any similar grounds or allegations. If so, information shall be provided on the license or permit application and jurisdiction involved and on the grounds for denial. Additional information on license denials shall be provided by the applicant upon specific request by the city manager or his designee.

(5)

Whether the applicant or any of its owners, managers or employees, and in the case of a corporation, its principal officers, directors or principal shareholders, identified as required in this section, have been charged within the previous ten (10) years with any felony, been charged with any violation of law or regulation related to racing, wagering or gaming, or been the subject of or party to any civil action or administrative proceeding alleging any violation of law or regulation related to racing, wagering or gaming, in any jurisdiction. If so, information shall be provided on the charge, civil action or administrative proceeding and on the violation(s) alleged.

(6)

A detailed floor plan of the wagering establishment or the portion of the race track at which wagering will take place.

(7)

Information demonstrating that the proposed race track or wagering establishment use complies with all applicable zoning, building and land-use codes and regulations.

(8)

A security plan for the race track or wagering establishment.

(9)

Information on the city privilege tax license held or concurrently applied for by the applicant.

(10)

Plan of operation.

(11)

Approved parking plan with contingent overflow plan.

(Ord. No. 1690, § 4, 5-28-91; Ord. No. 1918, § 4, 12-10-96)