Administrator's discretion regarding regulatory action.
San José Municipal Code § 16.34.050
in effect16.34.050 - Administrator's discretion regarding regulatory action.
A. In determining the appropriate regulatory action to take against a person who is the subject of the regulatory action, the administrator may consider, but is not limited to, the following mitigating and aggravating factors:
1. The seriousness of any crimes constituting grounds for regulatory action for which the person who is the subject of the regulatory action has been convicted including, but not limited to:
a. The fines, jail or prison sentence, other punishment, restitution, and fees imposed by the court;
b. How much of the sentence was completed;
c. Whether the person paid his or her fines and provided full restitution to the crime victims;
d. Whether the person paid any other costs imposed by the sentencing court.
2. The nature of the conduct constituting the grounds for regulatory action.
3. The duration of the conduct constituting the grounds for regulatory action.
4. The numbers of instances of conduct constituting the grounds for regulatory action and whether or not the conduct is part of a pattern of misconduct.
5. Whether the conduct constituting the grounds for the regulatory action was deliberate or inadvertent.
6. The degree of injury to any victim, including the city, either financial or physical, caused by the conduct giving rise to the grounds for regulatory action.
7. The motivation of the person who is the subject of the regulatory action.
8. Restitution provided to the victim.
9. Whether the violations are continuing in nature.
10. Prior regulatory violations of this title, of Chapter 4.77 of Title 4 of this Code, or of state gambling law, and any regulatory action ordered pursuant to this title or any regulatory or other enforcement action taken by the state pursuant to the state gambling law.
11. Voluntary corrective action taken to correct the grounds for regulatory action prior to the regulatory action hearing.
12. Any other mitigating or aggravating circumstances the administrator may consider applicable.
B. In addition to the considerations set forth in Subsection A., the administrator may also consider the following additional mitigating and aggravating factors with regard to cardroom permittees that are subject to regulatory action:
1. Any criminal convictions of the cardroom permittee, or any stock ownership or key employee licensee, involving any crimes that would constitute grounds under this title for the denial, suspension, or revocation of a stock ownership or key employee license.
2. The commission of any act by the cardroom permittee or any stock ownership or key employee licensee, involving dishonesty, fraud or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another.
3. Whether the cardroom permittee or any stock ownership or key employee licensee, has previously operated in this or another state under a gambling, gaming or similar license or permit that has been revoked or suspended, the reasons therefor, and the actions of such person thereafter.
4. Whether the cardroom permittee or any stock ownership or key employee in this or another state has been denied a gambling, gaming or similar license or permit, the reasons therefor, and the actions of the person thereafter.
5. The business and credit history of the cardroom permittee and stock ownership licensees.
(Ord. 28517.)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT16GACO_CH16.34UNREACHEPR_PT1REACPR_16.34.050ADDIREREACFetched: 11/1/2026