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A cardroom permit may be issued for a period of one year upon the recommendation of the chief of police, subject to the following conditions and qualifications:

A. No applicant shall be recommended for a cardroom permit if:

1. The applicant has knowingly misstated, misrepresented, concealed or withheld any material fact on the application for permit; or

2. Such applicant has previously been convicted of a felony or of any narcotics violation; or

3. Any said cardroom is proposed to be located within any area of the city which is zoned residential; or if said cardroom location is adjacent to a residential area and, in the opinion of the chief of police, the operation of a cardroom in such location would tend to cause a public nuisance or a police problem; or

4. Said cardroom is proposed to be located within five hundred feet of a public school, church, hospital, children’s playground or any other public facility where the presence of said cardroom might tend to promote a demoralizing effect or cause a police problem or create a public nuisance.

B. The action of the chief of police in recommending the denial of such a permit on the basis of any part of this section shall be subject to an appeal to the city council. Notice of such appeal shall be filed in writing with the city clerk within ten days after the denial of said permit. Upon failure to file such notice of appeal within the ten-day period, the action of the chief of police in denying such permit shall be final and conclusive. (Ord. 95-15 § 1, 1995; Ord. 79-7 § 5, 1979)