CHAPTER 10-02 Revised Ordinance of 2006
GAMBLING SECTIONS:
10-0201. Games of Chance.
10-0202. Application for Local Gambling License or Site Authorization.
10-0203. Limitation on Site Authorizations.
10-0204. Limitation on Hours and Participation of Games of Chance.
10-0205. Availability of Records.
10-0206. Work Permits.
10-0207. Failure to Display Work Permit -- Revocation or Suspension.
10-0208. Failure to Obtain a Work Permit.
10-0209. Revocation of Site Authorization.
10-0210. Hearing Before City Council.
10-0211. Severability Clause.
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10-0201. GAMES OF CHANCE. Notwithstanding any other provision of the ordinances of the City of Harwood to the contrary, it shall not be unlawful to play or conduct games of chance pursuant to Chapter 53-06.1 of the North Dakota Century Code, as that chapter may be amended from time to time, and any implementing rules and regulations of the Attorney General and guidelines established by the City of Harwood by ordinance or resolution.
10-0202. APPLICATION FOR LOCAL GAMBLING LICENSE OR SITE AUTHORIZATION. Applicants must operate more than two establishments at one time, except for the following game types: Raffles, Electronic 50/50 Raffles, Calcuttas, or a combination of the three. One of the governing board shall be a resident of the City of Harwood. No person or entity shall conduct a game of chance as defined in Section 10-0201 without first having obtained a license or site approval as required by state law. Applications for local gaming licenses, or applications for site approval shall be made to the City Auditor of the City of Harwood. No site
authorization nor gambling license shall be granted by the City of Harwood unless the applicant follows the procedures and pays the fees as set by the City by resolution, which resolution shall be on file with the City Auditor.
10-0203. LIMITATION ON SITE AUTHORIZATIONS. No site authorization for pull tabs, jars, punch boards, twenty-one, or sports pools shall be granted by the City except to premises having
an on-sale liquor license from the City of Harwood. This section shall not repeal site authorizations in effect on the date this ordinance is adopted, nor shall it apply to renewals of site authorizations in effect on the date this ordinance is adopted. Provided, however, that the renewal of site authorizations which would otherwise be prohibited by this section may not expand the type of gambling to be conducted at the site, nor the maximum number of black jack tables to be used at the site over the types of gambling and number of tables permitted by the site authorization in effect on the date of the adoption of this ordinance.
10-0204. LIMITATION ON HOURS AND PARTICIPATION OF GAMES OF CHANCE. A person under 21 years of age may not participate in the games of pull tabs, jars, punch boards, twenty-one, or sports pools. No games of chance shall be conducted in licensed liquor premises, or at premises for which site authorizations have been granted by the City of Harwood other than during the hours when alcoholic beverages may be dispensed in accordance with the applicable regulations of the State of North Dakota and the City of Harwood.
10-0205. AVAILABILITY OF RECORDS. The person or entity obtaining the site authorization shall make available to the City and/or the North Dakota Attorney General's office for inspection and audit any and all records relating to the expenses, proceeds, and distribution of the proceeds from the authorized site. Failure to do so upon reasonable notice shall be grounds for suspension or
revocation of the site authorization.
10-0206. WORK PERMITS. All gaming employees at sites authorized to conduct games of chance under the Class A and Class B license provisions of the North Dakota charitable gambling laws for
any form of gambling in Harwood shall be required to have a work permit. Gaming employees for purposes of this section shall be defined as dealers, overseers, pit bosses, bingo operators, pull tab operators, accountants, bookkeepers and the gaming committee directly connected with the operation and supervision of the card tables, tip jars and other gaming activities. The procedure and
requirements for obtaining a work permit are as set out below:
1. The person applying for his or her work permit shall submit an application on a form provided by the City Auditor. The form shall include such information as the City may reasonably require with respect to the identity and personal history of the applicant. The truthfulness of the information supplied by the applicant shall be sworn by the applicant under oath in writing. The application shall be accompanied by the fingerprints and a recent photograph of the applicant meeting the specifications of the City.
2. The applicant shall accompany his application with a non-refundable fee in the amount of $20.00. The license shall only permit the person to be a gaming employee within the City of Harwood for a particular charitable organization. If the applicant desires to work for a different charitable organization within the City of Harwood, the applicant must apply for another work
permit. The cost for a subsequent permit whether as a result of losing the first permit, or changing the charitable organization for which a person is employed shall be accompanied with a non-refundable fee in the amount of $5.00. The applicant for a subsequent permit shall not have to complete another initial application form. However, the person seeking a subsequent permit to
work for a different charity shall fill out a form listing the name of the charity by which he/she was formerly employed, the name of the new charity with whom he/she is going to be employed, and the reason for his/her change of employment. If he/she was discharged or allowed to resign, the applicable facts shall be listed on said form.
3. The application for a work permit shall be submitted to the City Auditor, who may request any law enforcement agency to review the same. The City Auditor shall issue or deny the work permit not more than thirty (30) days after the applicant has submitted to the City a completed application form accompanied with the required photograph, fingerprints and application fee. The City shall not issue a work permit to any person:
(a) Who is under the age of twenty-one (21);
(b) Who submits false information on his/her application;
(c) Who has been convicted of a felony within the last two (2) years;
(d) Who has been convicted of any misdemeanor involving theft of property or services, shoplifting or related criminal offense within the last two (2) years;
(e) Who is determined by the Attorney General of the State of North Dakota to have participated in organized crime or unlawful gambling;
(f) Who is otherwise determined by the gambling enforcement officer to not be a fit and proper person to engage in such work pursuant to Section 53-06.1-06(10)(b) of the North Dakota
Century Code.
4. A person who has been denied a work permit pursuant to this section shall have the right to appeal the denial to the Harwood City Council by filing a written notice of appeal with the Harwood City Auditor within ten (10) days after the receipt of the denial of the work permit. Upon failure to file such notice within the ten (10) day period, the action of the gambling enforcement officer denying such work permit shall be final and conclusive. The gambling enforcement officer upon denial of a work permit shall give the applicant written notice of the denial setting forth the reason for the denial and the appeal procedure.
5. All gaming employees required to have a work permit shall be required to conspicuously display it about his/her person while engaged in gaming activities.
6. No person shall be required to have or display a work permit prior to ____________, 2006.
10-0207. FAILURE TO DISPLAY WORK PERMIT - REVOCATION OR SUSPENSION. Failure to display the work permit as required by this Chapter shall be cause for revocation or suspension of a gaming employee's work permit. The gambling enforcement officer shall notify the person of the revocation or suspension of his permit for violation of this section which revocation shall go into effect ten (10) days after receipt of the notice. The notice shall also state that the employee has ten (10) days from the receipt of the notice to file a written appeal with the City Auditor requesting a hearing before the City Council.
10-0208. FAILURE TO OBTAIN A WORK PERMIT. It shall be unlawful for a person to work as a gaming employee without obtaining a proper work permit as required by this chapter, or to
work as a gaming employee after such work permit has been revoked or is under suspension pursuant to this chapter.
10-0209. REVOCATION OF SITE AUTHORIZATION. It shall be the responsibility of the holder of a site authorization not to allow persons to work as gaming employees at their site who do not have the proper work permit. In addition, it shall be the responsibility of the holder of the site authorization to require all its gambling employees to display their work permit as required by this chapter. The gambling enforcement officer shall notify the City Council if the holder of a site authorization is not complying with the provisions of this section, and such noncompliance shall be grounds for suspension or revocation of the site authorization. In addition, the gambling enforcement officer shall notify the City Council if the holder of the site authorization is violating any of
the terms of the site authorization issued by the City of Harwood, or any applicable state law or regulations of the Attorney General. Such noncompliance with the provisions of the site authorization,
state law, or regulations of the Attorney General shall also be grounds for suspension or revocation of the site authorization.
10-0210. HEARING BEFORE CITY COUNCIL. Any person who is denied a work permit, or whose work permit is suspended or revoked, and who files a written appeal within the ten (10) day period shall be entitled to a hearing before the City Council to review the denial, suspension, or revocation. The hearing shall be held at the next regularly scheduled meeting of the City Council after the written appeal has been filed with the City Auditor. A sound recording shall be kept of the hearing, and after the completion of the hearing the City Council shall prepare its findings in writing.
The City Auditor upon receipt of notice from the gambling enforcement officer that there are grounds to suspend or revoke a site authorization, shall notify the holder of the site authorization of the date at which the City Council will have a hearing to determine whether or not to suspend or revoke the site authorization. There shall be a sound recording of such hearing, and after the completion of the hearing the City Council shall make its findings in writing.
10-0211. SEVERABILITY CLAUSE. The invalidity of any section, clause, sentence or any provisions of this ordinance shall not affect the validity of any part of this ordinance which can be given affect without such invalid part or parts.