San José Municipal Code § 16.33.010 Notice of minor violation; imposition of monetary fines.
16.33.010 - Notice of minor violation; imposition of monetary fines.
A. Conduct, action, or failure to act by a Cardroom Permittee, Licensee or Employee may be treated as a minor violation if the Administrator determines that:
1. The conduct, act, or failure to act was not of a nature, quality, or extent that it affected the integrity of any Controlled Game conducted on the Cardroom Premises;
2. The conduct, act, or failure to act was not willful or intentional; or
3. The conduct, act, or failure to act was not part of a continuing pattern or practice of the Cardroom Permittee or Licensee.
B. For each minor violation, the Administrator may assess a monetary penalty against the Cardroom Permittee in an amount up to, but not to exceed, two thousand dollars ($2,000) per incident.
C. The aggregate of all monetary penalties assessed pursuant to Subsection B. above, shall not exceed one hundred thousand dollars ($100,000) per calendar year with respect to any one (1) Cardroom Permittee.
D. A decision of the Administrator to impose a monetary penalty under this Section shall be final upon written notice to the Cardroom Permittee, and shall not be subject to challenge, appeal, or review save and except, and only to the extent that the decision is arbitrary or capricious. If the Cardroom Permittee files a request for a hearing pursuant to Subsection F., the Cardroom Permittee shall make an advance deposit of the monetary penalty with the Administrator within ten (10) calendar days of the notice of monetary penalty. If the Cardroom Permittee does not contest the notice of monetary penalty, the monetary penalty shall be paid to the City within thirty (30) calendar days from the date of the notice of minor violation.
E. If the Administrator finds that a minor violation has occurred, and imposes monetary penalties under this Section, the facts and circumstances constituting the minor violation shall not be the subject of any other regulatory action, nor shall they be used or considered in connection with any future regulatory action, or enforcement proceedings against the Cardroom Permittee. A minor violation shall not constitute a violation of the terms of any permit or license held or enjoyed by a Cardroom Permittee and/or Licensee.
F. If the Cardroom Permittee contends that the imposition of the minor violation is arbitrary or capricious or lacking in substantial evidentiary support, the Cardroom Permittee shall file a written request for hearing with the Administrator within ten (10) calendar days of the date of the notice of monetary penalty. Upon a timely request for hearing, the Chief of Police shall designate a hearing officer, who will set a hearing for such determination. The minor violation shall be upheld if the hearing officer determines that the imposition of the minor violation was not arbitrary or capricious or lacking in substantial evidentiary support.
G. The notice of minor violation and any additional report submitted by the Administrator shall constitute prima facie evidence of the respective facts contained in those documents. Discovery is not permitted; however, within a reasonable time prior to the hearing, the parties shall exchange any reports or documents that the party intends to rely upon at the hearing. The Cardroom Permittee shall have the burden of proving its challenge. The hearing will be informal, with the Cardroom Permittee and the City having the opportunity to present evidence, documents and testimony regarding the minor violation. Technical rules relating to evidence and witnesses shall not apply, nor will cross-examination be authorized without express permission by the hearing officer. Any relevant evidence which is not unduly repetitious, including hearsay evidence, may be admitted into the record and considered, and is sufficient in itself to support a finding, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of that evidence over objection in a civil action. The hearing will be scheduled by the hearing officer in a reasonable time period after written notice of request for hearing is filed with the Administrator. The hearing officer shall have the authority to control the conduct of the proceeding, including the ability to limit testimony and the admissibility of evidence that is unduly repetitious or make any other rulings or place other limitations on the administrative hearing consistent with the informal nature of the proceeding. The written decision of the hearing officer shall be served upon the Cardroom Permittee within a reasonable period of time after the close of the hearing. The written decision of the hearing officer will be final upon service on the Cardroom Permittee and shall contain a notice setting out the provisions contained in Section 1.16.010 of this Code.
(Ords. 28517, 29039, 30616.)