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HomeMy WebLinkAboutOrdinance 540 Yrr CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 540, adopted by the Atascadero City Council at a regular meeting thereof held on June 9, 2009, and that it has been duly published pursuant to State Law. DATED: 9- ,fit M) , Marcia McClure Torgerson, C.M. City Clerk City of Atascadero, California rr ORDINANCE NO. 540 t.. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 3 OF THE ATASCADERO MUNICIPAL CODE, AMENDING THE CARDROOM ORDINANCE ADOPTED BY THE CITY OF ATASCADERO CONCERNING THE NUMBER OF TABLES WHEREAS, for all of the reasons set forth herein, the City Council of the City of Atascadero ("City") desires to amend its requirements regarding the number of gambling tables in the City. NOW THEREFORE,the City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds as follows. 1. The legislature, in enacting the Gambling Control Act (California Business and Professions Code Sections 19800 et.seq.) indicated its intent to have concurrent jurisdiction with local governments over gambling establishments in the state and to provide uniform, minimum standards of regulations of permissible gambling activities and the operation of lawful gambling establishments. As long as it is not inconsistent with the Act, any City or county has the authority to prohibit any gambling activity and impose more stringent local controls or conditions upon gambling than are imposed by the Act or by the Commission. The City may also inspect gambling premises to enforce applicable state and local laws, impose a local tax or license fee, and enact, amend, or enforce any local ordinance relating to licensing of gambling establishments. 2. Ordinance Number 503, adopted on November 28, 2006, codified in Atascadero Municipal Code Section 3-5.105 provides that no more than a total of five cardrooms shall be licensed to operate within the City and further that no one permittee shall be authorized to operate more than a total of four(4) cardrooms in the City,reference Section 3-5.105(d)(1) and (2). A subsequent review of the Ordinance Number 503 revealed that the Ordinance inadvertently used the term"cardrooms" instead of"card tables." 3. This Draft Ordinance will change the word"cardrooms" to "card tables" in Municipal Code Section 3-5.105(d)(1) and(2). 4. Any amendment to the City's Cardroom ordinance must be submitted to the Department of Justice for review and comment before the ordinance is adopted. In compliance with these regulations, the attached Draft Ordinance was forwarded by the City Attorney to the Department of Justice and the proposed amendment was found acceptable by the Department of Justice on April 17, 2009. wr. City of Atascadero Ordinance No. 540 Page 2 of 3 NIrr Section 2: Section 3-5.105(d)(1) and 3-5.105(d)(2) of the Atascadero Municipal Code are hereby amended to read as follows: 3-5.105 Cardrooms. (d) Standards for Issuance. The City Council shall consider and determine whether to issue a license to operate a cardroom subject to the following conditions: 1. No more than a total of five (5) card tables shall be licensed to operate within the City under provisions of this chapter. 2. No one permittee shall be authorized to operate more than a total of four(4) card tables within City. Section 3. Regulations Nonexclusive. The provisions of this ordinance regulating cardrooms are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Atascadero City Council. Section 4. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. Section 5. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15) days after its passage shall be published at least once in a newspaper of general circulation published and circulated within the City of Atascadero. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council City of Atascadero Ordinance No.540 Page 3 of 3 and a certified copy shall be posted in the office of the City Clerk, pursuant to Government Code section 36933(c)(1). INTRODUCED at a regular meeting of the City Council held on May 26, 2009, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on June 9, 2009 by the following roll call vote: AYES: Council Members Clay, Fonzi, Kelley, O'Malley and Mayor Beraud NOES: None ABSTAIN: None ABSENT: None CITY OF ATASCAffRO 411en Beraud Mayor ATTEST: Mato-, w L-U n6 Marcia McClure Torgerson, C.M.C. City Clerk APPROVED AS T FORM Brian A. Pierik City Attorney am ORDINANCE NO. 540 wo AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 3 OF THE ATASCADERO MUNICIPAL CODE, AMENDING THE CARDROOM ORDINANCE ADOPTED BY THE CITY OF ATASCADERO CONCERNING THE NUMBER OF TABLES WHEREAS, for all of the reasons set forth herein, the City Council of the City of Atascadero ("City") desires to amend its requirements regarding the number of gambling tables in the City. NOW THEREFORE, the City Council of the City of Atascadero DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds as follows. 1. The legislature, in enacting the Gambling Control Act (California Business and Professions Code Sections 19800 et.seq.) indicated its intent to have concurrent jurisdiction with local governments over gambling establishments in the state and to provide uniform, minimum standards of regulations of permissible gambling activities and the operation of lawful gambling establishments. As long as it is not inconsistent with the Act, any City or county has the authority to prohibit any gambling activity and impose more stringent local controls or conditions upon gambling than are imposed by the Act or by the Commission. The City may also inspect gambling premises to enforce applicable state and local laws, impose a local tax or license fee, and enact, amend, or enforce any local ordinance relating to licensing of gambling establishments. 2. Ordinance Number 503, adopted on November 28, 2006, codified in Atascadero Municipal Code Section 3-5.105 provides that no more than a total of five cardrooms shall be licensed to operate within the City and further that no one permittee shall be authorized to operate more than a total of four(4) cardrooms in the City,reference Section 3-5.105(d)(1) and (2). A subsequent review of the Ordinance Number 503 revealed that the Ordinance inadvertently used the term "cardrooms" instead of"card tables." 3. This Draft Ordinance will change the word "cardrooms" to "card tables" in Municipal Code Section 3-5.105(d)(1) and (2). 4. Any amendment to the City's Cardroom ordinance must be submitted to the Department of Justice for review and comment before the ordinance is adopted. In compliance with these regulations, the attached Draft Ordinance was forwarded by the City Attorney to the Department of Justice and the proposed amendment was found acceptable by the Department of Justice on April 17, 2009. wr City of Atascadero Ordinance No. 540 Page 2 of 3 �wwr Section 2: Section 3-5105(d)(1) and 3-5.105(d)(2) of the Atascadero Municipal Code are hereby amended to read as follows: 3-5.105 Cardrooms. (d) Standards for Issuance. The City Council shall consider and determine whether to issue a license to operate a cardroom subject to the following conditions: 1. No more than a total of five (5) card tables shall be licensed to operate within the City under provisions of this chapter. 2. No one permittee shall be authorized to operate more than a total of four(4) card tables within City. Section 3. Regulations Nonexclusive. The provisions of this ordinance regulating cardrooms are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Atascadero City Council. Section 4. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. Section 5. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 6. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15) days after its passage shall be published at least once in a newspaper of general circulation published and circulated within the City of Atascadero. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be ow published at least five (5) days prior to and fifteen (15) days after adoption by the City Council City of Atascadero Ordinance No. 540 Page 3 of 3 and a certified copy shall be posted in the office of the City Clerk, pursuant to Government Code r. section 36933(c)(1). INTRODUCED at a regular meeting of the City Council held on May 26, 2009, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on June 9, 2009 by the following roll call vote: AYES: Council Members Clay, Fonzi, Kelley, O'Malley and Mayor Beraud NOES: None ABSTAIN: None ABSENT: None CITY OF ATASCADD RO Hen Beraud Mayor ATTEST: low Marcia McClure Torgerson, C.M.C. City Clerk APPROVED AS T FORM Brian A. Pierik City Attorney err