§ 10-42. Table operation fee.

(a)

In addition to any application or renewal license fees imposed by the city pursuant to chapter 22, article II, divisions 2 and 3, upon the business of a cardroom, such cardroom shall be charged a quarterly table operation fee for each card table operated by the licensee or to be operated by the applicant. The amount of this quarterly fee shall be as prescribed by the city manager and shall be based upon the cost to the city of enforcement and administration of this article as provided by section 22-31. Exempted from this quarterly fee are additional tables used for promotional or tournament play; provided, however, that the total number of regular tables plus promotional or tournament tables in use shall not exceed the maximum number of allowable tables as provided in either subsection 10-45(a) or the licensee's special business license, whichever is less. Such promotional or tournament play and the use of such additional tables for such promotions and tournaments shall not exceed four days in any calendar month. The chief of police shall be notified seven days in advance of the promotional or tournament events and shall be notified of the duration and dates of such events.

(b)

The quarterly table operation fee shall be paid quarterly by the applicant or licensee to the finance director. The first quarterly fee shall be due at the filing of the initial application for a special business license to conduct a cardroom. Thereafter, the quarterly due dates for payment of the quarterly table operation fee shall be on January 1, April 1, June 1, and September 1; except that, if any of these days falls on a Sunday or a city holiday, the quarterly due date for payment shall be the day after such Sunday or city holiday. The quarterly table operation fee shall be delinquent if not received or postmarked on or before the quarterly due date for payment as such quarterly due date is defined in this subsection. Prior to the beginning of each quarter, the licensee shall notify the chief of police as to the number of tables to be operated for that new quarter and shall pay to the finance director the table operation fee accordingly. If the licensee reduces the number of tables in operation during a quarter, the city shall not rebate any of the previously paid table operation fee for that quarter. If the licensee desires to increase the number of tables in operation during a quarter, the licensee shall pay to the finance director the appropriate table operation fee for that entire quarter regardless of when the additional tables are added.

(c)

On the denial by the chief of police of an application or a renewal of a special business license to conduct a cardroom, the quarterly table operation fee paid by the applicant or licensee at the time of filing the initial application or the renewal shall be rebated to the applicant or licensee by the finance director. The rebate shall not be made by the finance director until the appeal period on the denial has elapsed or, if an appeal is filed, until a final decision upholding the denial has been made and the appeal has become final in the administrative or judicial process, whichever is applicable. If the applicant's or licensee's appeal of the denial is granted, the applicant or licensee shall owe and pay the appropriate table operation fee to the finance director prior to the issuance of the special business license.

(Ord. No. 97-01, § 2(4.22.085), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 98-02, § 8, 3-25-1998)