§ 52-3.707. Action.

(a)

Cause. The sheriff shall deny the initial or renewed application if, after an investigation, the sheriff concludes that the applicant is disqualified for any of the following reasons:

(1)

Failure of the applicant to clearly establish eligibility and qualifications in accordance with this chapter;

(2)

Failure of the applicant to provide information, documentation, and assurances required by this chapter or requested by the sheriff, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to any fact material to qualification;

(3)

Conviction of a felony, including a conviction by a federal court or a court in another state for a crime that would constitute a felony if committed in California;

(4)

Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the ten-year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to Sections 1203.4, 1203.4a, or 1203.45 of the Penal Code; provided, however, that the granting of relief pursuant to Sections 1203.4, 1203.4a, or 1203.45 of the Penal Code shall not constitute a limitation on the discretion of the sheriff under subsection (b) of this section;

(5)

Association of the applicant with criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code;

(6)

Contumacious defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by Section 186.2 of the Penal Code;

(7)

The applicant is less than twenty-one years of age;

(8)

The applicant is disqualified from holding a state gambling license;

(9)

The state objects to the issuance of a work permit to the applicant.

(b)

Character and Background of Applicant Warranting Issuance of Permit. The sheriff shall not issue a work permit unless, based on all of the documents and information submitted by the applicant or obtained by way of investigation, the sheriff concludes that the applicant is:

(1)

A person of good character, honesty and integrity;

(2)

A person whose prior activities, criminal record, if any, reputation, habits, and associations do not pose a threat to the public interest of the county, or to the effective regulation and control of controlled gambling, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of controlled gambling or in the carrying on of the business and financial arrangements incidental thereto;

(3)

A person who is in all other respects qualified to hold a permit as provided in this chapter.

(c)

Issuance. Unless an applicant is disqualified pursuant to subsection (a) of this section or the sheriff determines that a permit should not issue pursuant to subsection (b) of this section, the sheriff will issue a twelve-month nontransferable permit to the applicant, pursuant to such conditions, if any, as the sheriff believes conducive to effectuating this chapter. Any such conditions will be noted on the permit.

(d)

Fee. The permit issuance fee is fifty dollars, which must be paid by the permittee immediately upon issuance of a permit. This fee is nonrefundable and will not be prorated.

(e)

Appeals. Permit denials may be appealed as follows:

(1)

An appeal from a denial based on subsections (a)(1) through (8) of this section, inclusive, is governed by Chapter 14-4 of this code, and shall be made only on the ground of mistake with respect to a disqualifying factor;

(2)

An appeal from a denial based on subsection (a)(9) shall be made to the California Gambling Control Commission, pursuant to California Business and Professions Code Section 19912(c)(3);

(3)

An appeal from a denial based on subsection (b) of this section is governed by Chapter 14-4 of this code.

(Ords. 2005-07 § 2, 98-28, 82-62 § 3, 82-44, 1779, 1458: § 52-2.408, § 52-2.410: prior code §§ 5209, 5210).