10.36.070 EXCEPTIONS.

The provisions of Sections 10.36.040 through 10.36.060 shall not apply to:

(1) Occasional private games, otherwise lawful, carried on for purely social purposes in a private home. Said provisions shall not apply to otherwise lawful games, other than card games, conducted by a private group of customers, for the sole purpose of determining which member of said group shall pay for food, refreshments or beverages for immediate consumption by the group;

(2) Any gambling house in existence within the City on February 6, 1967, provided that the continued operation thereof shall be subject to the following:

(a) Only those persons owning and/or operating a gambling house on February 6, 1967, shall conduct the operation. This license may not be sold, given away or transferred, nor may the premises for which the license is issued be changed; provided, however, that the location of the premises may be changed in accordance with the procedures set forth below in subsection 1.

No change of location shall be permitted to a more restrictive use zone than is the existing location for the gambling establishment; no change shall be permitted to a location more than 1000' from the existing location; and no change of location shall be permitted to a location within a residential zone.

1. Application shall be made and shall be subject to the procedures for issuance of a Special Use Permit, Chapter 27.74.

(b) The owner and/or operator desiring to take advantage of this exception shall, on or before the effective date hereof, and annually thereafter, not later than January 31st of each year, register with the chief of the Police Department. Such registration shall be on forms provided and shall indicate the name and address of the owner and/or operator, the location of the premises and the number of tables provided,

(c) No gambling shall be permitted between the hours of eight a.m. and twelve noon of any day. The hours of operation shall be posted so as to provide notice to patrons,

(d) No more than three tables, seating not more than seven each, at which gambling is allowed shall be permitted. Tables shall not be increased in tournaments and/or special events,

(e) An annual business license fee in the amount of one hundred dollars per table shall be paid at the office of the license collector at the time of registration

(f) The gambling house shall prepare and submit to the Police Department a patron security and safety plan in and around the gambling establishment. The plan shall be submitted at the time of the payment of the annual business license fee. It may include cameras, personnel, and other security and safety measures. The owner shall be responsible for the security and safety of patrons; if the owner limits liability, the limits shall be posted so as to give notice to patrons.

(g) Wagering shall be limited to table stakes. "Table stakes" shall mean that a player is limited to betting only those chips that he or she has purchased prior to the commencement of play of a particular hand of cards or bet. The player cannot purchase additional chips during the pay of a particular hand of cards or bet. Wagering limit shall be posted so as to give notice to patrons.

The arrest and conviction of anyone for the violation of any statute or ordinance regulating gaming within an excepted premises shall automatically suspend this exception and said gambling house shall cease operation upon notice by the chief of the Police Department.