§ 5-59. Revocation.

(a)

Any race track or wagering establishment license issued under the provisions of this article may be revoked as provided in this section.

(b)

Any of the following shall constitute grounds for revocation of a race track or wagering establishment license, if the city manager or his designee determines such revocation to be in the best interests of the city, its residents and businesses.

(1)

Revocation of any state racing, wagering or gaming license which is required for the race track or wagering establishment.

(2)

Failure of the licensee to immediately cease all racing or wagering activity and/or failure of the licensee to promptly notify the city manager or his designee, upon suspension or revocation of any state racing, wagering or gaming license for the race track or wagering establishment, as required by section 5-58(b) of this division.

(3)

Conviction by a court of competent jurisdiction of the licensee or any of its owners, managers or employees, and in the case of a corporation, its principal officers, directors and principal shareholders, of any felony or any violation of law or regulation related to racing, wagering or gaming, in any jurisdiction.

(4)

Adjudication, in any civil action or administrative proceeding in any jurisdiction, 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, are responsible for violation of any law or regulation related to racing, wagering or gaming.

(5)

The city manager or his designee finds that the licensee has committed a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(6)

The city manager or his designee finds 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 committed a felony or a violation of any racing, wagering or gaming law or regulation, in any jurisdiction.

(7)

Failure of the licensee to promptly notify the city manager or his designee and to provide the information required by section 5-58(c) of this division.

(8)

The licensee is delinquent in payment of any privilege license taxes or use taxes owed to the city and has not, upon reasonable notice, made such payment together with any applicable interest and penalties.

(9)

The city manager or his designee finds that the security plan for the race track or wagering establishment is inadequate or needs to be updated or modified and that the licensee has not, upon reasonable notice, made satisfactory improvements or modifications to the security plan.

(10)

The city manager or his designee finds that unlawful gambling by a minor or minors has occurred at the race track or wagering establishment and that the security measures of the licensee remain inadequate to prevent unlawful gambling by minors.

(11)

The city manager or his designee finds 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 and that the security measures of the licensee remain inadequate to prevent purchase or consumption of alcoholic beverages by those persons under the lawful drinking age.

(12)

The city manager or his designee finds 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.

(13)

The city manager or his designee finds that the licensee has failed to comply with the provisions of this chapter.

(c)

Upon revocation of the race track or wager establishment license, as provided in this section:

(1)

No application for reinstatement of the license or for a new race track or wagering establishment license at the same location shall be considered for a period of one year from the date of revocation, unless the applicant demonstrates by clear and convincing evidence to the city manager or his designee that extraordinary circumstances exist such that the interests of the city and its residents and businesses would best be served by consideration of the application prior to expiration of such one (1) year period.

(2)

Any application for reinstatement of the license shall comply in all respects with the requirements of this chapter for an application for a new license.

(Ord. No. 1690, § 4, 5-28-91)