§ 5-58. Suspension.

(a)

Any race track or wagering establishment license issued under the provisions of this article may be suspended as provided in this section. Except for suspensions under subsections (b) or (c) of this section, suspensions under this section shall be for a prescribed period of time, not to exceed sixty (60) days.

(b)

Upon any suspension or revocation of any state racing, wagering or gaming license which is required for the race track or wagering establishment licensed under this article, the city license for the race track or wagering establishment shall be deemed automatically to be suspended without further action by the city until the state license is reinstated or reissued or until such suspension or revocation of the state license is finally overturned by a court of competent jurisdiction. Upon such automatic suspension of the city race track or wagering establishment license as provided in this subsection, the holder of the city license shall immediately cease all racing or wagering activity and shall promptly notify the city manager or his designee of the suspension or revocation of the state license.

(c)

The licensee shall promptly notify the city manager or his designee if the licensee or any of its owners, managers or employees, and in the case of a corporation, its principal officers, directors and principal shareholders, since the license application or last previous license renewal, have been charged with any felony, been charged with any violation of law or regulation related to racing, wagering or gaming, or been made 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; together with information on the charge, civil action or administrative proceeding and on the violation(s) alleged. If the city manager or his designee determines that reasonable cause exists that the licensee or any of its owners, managers or employees, and in the case of a corporation, its principal officers, directors and principal shareholders have violated any law or regulation related to racing, wagering or gaming, in any jurisdiction, the city manager or his designee may suspend the license for the race track or wagering establishment pending the final determination of the charge, civil action or administrative proceeding or pending action on any proposed revocation of the city license.

(d)

The race track or wagering establishment license may be suspended by the city manager or his designee upon one or more of the following grounds:

(1)

Reasonable cause exists to believe the licensee has failed to comply with the provisions of this chapter.

(2)

The licensee is convicted by a court of competent jurisdiction of a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(3)

The licensee is found responsible in any civil action or administrative proceeding for a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(4)

Reasonable cause exists to believe the licensee has committed a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(5)

Any owner, manager or employee of the licensee, and in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, are convicted by a court of competent jurisdiction of a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(6)

Any owner, manager or employee of the licensee, and in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, are found responsible in any civil action or administrative proceeding of a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(7)

Reasonable cause exists to believe that any owner, manager or employee of the licensee, and in the case of a corporate licensee, any of its principal officers, directors or principal shareholders, has failed to comply with the provisions of this chapter or has committed a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(8)

The licensee is delinquent in payment of any privilege license taxes or use taxes owed to the city.

(9)

Reasonable cause exists to believe that the security plan for the race track or wagering establishment is inadequate or needs to be updated or modified; that unlawful gambling by a minor or minors has occurred at the race track or wagering establishment; or that alcoholic beverages have been purchased or consumed by a person or persons under the lawful drinking age on the premises of the race track, or in the wagering establishment or, with respect to multiple use facilities, anywhere on the premises of the multiple use facility.

(10)

Reasonable cause exists to believe that the licensee has made a false statement on or in connection with its license application or application for last previous license renewal or that any false, incomplete or misleading information has been provided by the licensee on or in connection with such license or renewal application.

(Ord. No. 1690, § 4, 5-28-91)