SAN JOSE -- Police Chief Chris Moore held a hearing Friday to consider whether the city should permit eighth-floor gaming at the newly opened Casino M8trix card room and said he will render a decision before his planned retirement at the end of January.

Multi-floor gambling has been a major sticking point for police in issuing permits for the M8trix, a $50-million Las Vegas-style reinvention of the former Garden City Casino on Saratoga Avenue.

The card room's owners want to allow games on the top floor of the M8trix' 165-foot tower with sweeping views to offer a unique, luxurious alternative to the ground-floor gambling.

But police officials charged with ensuring compliance with San Jose's gambling laws cited concerns about their ability to adequately monitor activity on the top floor, concerns echoed by M8trix' competition, Bay 101 which also opposed approval.

Moore signed off on the permit for ground-floor games in July, allowing the M8trix to open in August, but said the eighth-floor issue would take more time to review. The M8trix owners in September filed a claim for damages against the city citing at least $10,000 in alleged costs for delayed permitting.

Contact John Woolfolk at 408-975-9346. Follow him on Twitter at Twitter.com/johnwoolfolk1.