(1) Any license issued pursuant to this article to a licensee for a casino which had not yet commenced operation pursuant to that license issued or was most recently renewed shall expire one year from the later of the date of the initial issuance of the license or the most recent renewal of the license, unless extended by the city council upon approval of an application filed pursuant to this article.

(2) Any license issued pursuant to this article to a licensee for a casino which had commenced operation pursuant to that license at the time issued or was most recently renewed shall expire 10 years from later of the date of the initial issuance of the license or the most recent renewal of the license. Renewal shall not be denied unless grounds exist for revocation consistent with this section.

(3) Notwithstanding subsection (2) of this section, any license issued pursuant to this article to a licensee who had commenced operation of a casino pursuant to that license at the time the license issued or was most recently renewed shall automatically expire in the event the licensee ceases to operate the licensed casino for a period of six consecutive months. If the city manager determines that a license has expired under this subsection (3), he or she shall provide written notice of that fact to the licensee by certified mail. Any attempt to exercise the rights conferred by the license on or after the tenth day after such a notice is mailed shall constitute a violation of this code unless the licensee has within that time filed a written request for a hearing before the city council. Such a hearing shall be restricted to the issue of whether the license has or has not expired pursuant to this subsection (3). The decision of the city council shall be final when rendered. Any acts of God or occurrences considered to be totally out of the control of the casino are exempt from causing a license to automatically expire in a period of six months. A reasonable time, as determined by the city, shall be determined for commencing operation after cessation for “acts of God.”

(4) For purposes of this section, a licensee is deemed to have commenced operation of a casino if the casino generates monthly gross revenues for at least two consecutive months in an amount that obligates the licensee to pay a license fee pursuant to CMC 5.08.860.

(5) Upon the expiration, revocation, or surrender of a license, no portion of any license deposit or fee shall be refunded. (Ord. 588 § 9, 2003; Ord. 505 § 3. 2002 Code § 6-32.12).