Chandler City Code § 58-1 Tele-track wagering facility site license required.
58-1. - Tele-track wagering facility site license required.
No person shall operate a tele-track wagering site within the City without first obtaining and properly maintaining in force a license for a racing meeting and pari-mutuel wagering from the State as required by A.R.S. § 5-101 et seq. and also from the City of Chandler as provided herein.
58-1.1. Application. A person desiring to obtain a tele-track wagering facility site license shall make application to the Management Services Director (Director), who shall refer such application to the Development Services Department, Police Department and Fire Department for appropriate recommendations. The application shall be in such form as prescribed by the Director and shall be fully completed before processing by the Director. The application must be submitted at least forty-five (45) days prior to the proposed date of providing tele-track wagering within the City; however, this provision may be waived by the Director.
The application shall include a description of the proposed tele-track wagering activity and shall include, but not be limited to, the required information set forth in this subsection.
A. Full name and address of the applicant and owner/managing agent of the property on which the wagering facility is to be located.
B. Proof of current license from the Arizona Racing Commission to conduct tele-track wagering within the State of Arizona.
C. Proof of a liquor license allowing for on-site consumption of alcohol in effect for the site at which the tele-track wagering is to be located.
D. Designation of managing agent of the applicant and managing agent of the owner of the property on which the tele-track wagering will be located.
E. Name, address and telephone number of statutory agent in Arizona if either the applicant or the owner of the site is a corporation.
F. A floor plan containing an accurate drawing to scale of all buildings upon the premises and the lot lines of the parcel on which the activity will take place.
G. A vicinity ownership map showing and labeling all lots within three hundred (300) feet of the exterior boundaries of the lot on which the activity is to be located. The three hundred-foot measurement shall exclude any public property or public rights-of-way.
H. A vicinity ownership list and mailing labels properly addressed, containing names and mailing addresses, with correct zip codes, of owners of all parcels required to be shown on the vicinity ownership map as depicted on the last assessment of property by Maricopa County.
I. A parking plan showing all parking spaces available upon the site for the applicant's use.
58-1.2. Application fee and license fee.
A. The application shall be accompanied by a nonrefundable application fee in the sum of two hundred dollars ($200.00) and the annual license fee as required herein.
B. The annual license fee is:
1. Twelve hundred dollars ($1,200.00) per year for up to four (4) pari-mutuel betting windows or tote machines.
2. Four hundred dollars ($400.00) per year for each pari-mutuel window or tote machine in excess of four (4).
The annual license fee for an initial license may be prorated on a monthly basis. The license shall be valid from July 1 of each year through June 30 of the following year.
58-1.3. Public hearing on license; notice.
A. The City Council shall hold a public hearing on the initial application for license, and notice of said hearing shall be given by the applicant at least fifteen (15) days prior to the hearing in the following manner:
1. Notice shall be published at least once in a newspaper of general circulation in the City.
2. Notice shall be posted on the affected property.
3. Notice shall be mailed by first class mail to each owner as listed on the vicinity ownership list. The Director may require additional notice if he/she deems necessary.
B. After public hearing, the Council may issue the license with any conditions it deems necessary or may deny said license.
58-1.4. Display of license nontransferability. A licensee shall display the license set forth in this section in a conspicuous place within the facility. No license shall be transferable.
58-1.5. Renewal. Annually, at least thirty (30) days prior to the first day of July of each year, a licensed tele-track wagering facility site shall apply to the Director for renewal of the license. Application shall be made and reviewed as an original application except that:
A. No application fee is payable on a renewal application; except if said renewal application is not timely filed, a late fee in the sum of one hundred ($100.00) shall be imposed.
B. Public hearing and notice shall be conducted only if required by the Director.
58-1.6. Revocation, hearing.
A. A license may be revoked if the operation at the facility site is not in the best interests of the City. The license shall be revoked for any of the following:
1. Any violation of the laws governing wagering within the State of Arizona or the sale of liquor within the State of Arizona.
2. There occurs on the facility site repeated acts of violence or disorderly conduct.
3. The licensee knowingly files an application or other documents with material information which is false or misleading or has given testimony in an investigation or other proceedings which is false or misleading.
4. The licensee is delinquent for more than thirty (30) days in the payment of any applicable taxes or fees to the City.
5. To revoke a license, the Director shall deliver or mail by certified mail to the business address as shown by the license application a written notice that such license is revoked. The reason for revocation shall be set forth in the notice together with the provisions of subsection (c) hereof on hearing and appeal rights. A revoked license shall be surrendered to the Director on demand.
B. The Director shall grant on demand to any licensee or managing agent whose license has been revoked a full hearing on the merits of such revocation. Appeal of the Director's decision to the City Council shall be made within seven (7) calendar days after the receipt of the Director's notice or revocation, and failure to demand a hearing within such time will constitute full waiver. The decision of the Council is final.
(Ord. No. 4840, § 1, 12-10-18)