HomeMy WebLinkAboutOrdinance 503 CERT'IF'ICATION
T, 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. 503, adopted by the
Atascadero City Council at a regular meeting thereof held on November 28, 2006, and that it has
been duly published pursuant to State Law.
DATED.
Marcia McClure Torgerson, C.M.C'
City Clerk
City of Atascadero,California
ORDINANCE NO. 503
a+ 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 FEES AND
EXPANSION 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 and
WHEREAS, for all of the reasons set forth herein the City Council of the City of
Atascadero ("City") desires to amend its annual license fee for gambling establishments 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, 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. Under the Gambling Control Act, no new gambling establishment may be opened in a
city or county in which a gambling establishment was not operating on or before January
1, 1984, except upon the affirmative vote of the electors of that city or county. The
City's Ordinance Code provides that no more than a total of five card tables shall be
licensed to operate within the City and no permittee shall be authorized to operate more
than a total of two card tables.
3. In 2005 the Legislature amended the Gambling Control Act to authorize a city or county
to amend its ordinance, without voter approval, to increase the number of tables allowed
in an gambling establishment up to 24.99%, or two tables, whichever is greater, when
compared to the number operated on January 1, 1996.
4. Any amendment to the city's cardroom ordinance must be submitted to the Division of
am Gambling Control for review and comment before the ordinance is adopted.
City of Atascadero
Ordinance No. 503
Page 2 of 10
5. The City amends its ordinance to increase the number of card tables at any establishment
to four. In addition, in any amendment to the cardroom ordinance, the City will review
the other provisions in the ordinance, including hours of operation, work permits,
licenses, games played, and any fees or taxes imposed.
Section 2: Section 3-5-105 of the Atascadero Municipal Code is hereby amended to read as
follows:
3-5.105 Cardrooms.
1. License Required. It shall be unlawful for any person for him/herself, or for any other
person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried
on, maintained, or conducted, any cardroom in the City without first having secured a
license from the City to do so according to each and every requirement of this section or
without complying with each and every regulation set forth in this section pertaining to
such cardroom. Each licensee and operator of a cardroom shall employ only those
persons who have obtained a work permit as defined and set forth herein.
2. Definitions
a. Act. Act shall mean the Gambling Control Act as codified in Division 8, Chapter
5 of the California Business &Professions Code (commencing with Section
19800).
b. Applicant. "Applicant"means every person who applies for a license to operate a
cardroom and every individual who requests a permit as provided for by this
chapter.
C. Billiard Parlor. For the purpose of this chapter, a"billiard parlor" or"pool room"
includes a fixed place of business of any kind where billiards, pool, snooker or
eight-ball or other similar games tables are maintained on the premises, whether
or not coin operated.
d. Card Games. "Card games" as used in this chapter means all forms of card games
authorized by the state of California.
e. Cardroom. "Cardroom" as used in this chapter means any building or structure, or
any portion of a building or structure, or any premises or place where any person
or persons are allowed to play a card game as defined in this section.
f. Card Table. "Card table" as used in this chapter means a card table within a
business premises where there is carried on any card game for compensation,
which game is not unlawful under the provisions of California Penal Code Section
330, or any other provision of law.
'�' g. Chief of Police. "Chief of Police"means the Chief of Police and his/her designee.
City of Atascadero
Ordinance No. 503
Page 3 of 10
h. Director of Administrative Services. "Director of Administrative Services" shall
be the Director and his/her designee.
i. Employee. "Employee"means every individual, employed either as an agent,
employee, or otherwise, of the licensee, as defined in this section, or under the
direction and control of the licensee of any cardroom, with or without
compensation. Anyone who is required to routinely enter into the card playing
area during the course of his or her duties is considered an employee. The term
"employee" does not include a bartender, culinary worker or other person not
directly connected with the cardroom operation.
j. License. "License" as used in this chapter means a grant from the City Council
authorizing a person as defined in this section to operate a cardroom within the
City of Atascadero.
k. Licensee. "Licensee"means the person, as defined in this chapter, to whom a
cardroom license has been issued pursuant to this chapter.
1. Person. "Person"means and includes any individual, partnership, corporation or
combination,business entity or combination thereof.
in. Work Permit. "Work permit"means a grant of permission from the Director of
Administrative Services to an individual allowed by this chapter to work as an
employee in a cardroom within the City of Atascadero.
3. License-Application-Bond. To apply for a cardroom license, a person shall take the
following steps:
a. Every applicant for a license shall first obtain a state gambling license as required
by the Gambling Control Act and the implementing regulations (California Code
of Regulations, Title 11, Division 3, Chapter 1, Article 1, Section 2000 et seq.).
Every applicant shall fully comply with the Act and the implementing regulations
including, but not limited to, Section 2050 of Title 11 of the California Code of
Regulations that requires an owner or a key employee, as defined by the Act, to
be on the premises, at all times that the establishment is open to the public unless
the Division of Gambling Control authorizes availability by telephone. Key
employees must obtain a key employee license as required by the Act;
b. File with the City Clerk a written application, signed by the applicant, setting
forth the nature of the business that he or she wishes to engage in and the place
where he or she proposes to establish such business, including the particular
building, and room or rooms;
C. The true and correct name and address of each applicant of the building or
structure within which the cardroom is proposed to be maintained shall be
tow included with the license application. Written consent from the owner of the
building or structure is required on the application;
City of Atascadero
Ordinance No. 503
Page 4 of 10
d. Submit a bond by an authorized surety company to be approved by the City
Council in the penal sum of five hundred dollars payable to the City. The
following condition shall be added to a cardroom license regarding the bond,
when approved by the City;
(1) Neither the applicant nor anyone in his/her employ in such business will
violate any ordinance of this City or any law of this state, or of the United
States of America, or any political subdivision or agency thereof, during
the time for which such license is granted. That upon a violation of the
condition of such bond, the same shall be and become due and payable to
such City and the penalty thereof may be recovered in a civil action. The
conviction of, or plea of guilty by, the person to whom such license is
issued, or anyone in his employ in such business for the violation of any
such ordinance or law, shall ipso facto work a forfeiture of such bond, and
any such conviction or plea of guilty shall be conclusive evidence of such
forfeiture, and in the event of such conviction or plea of guilty the license
shall be canceled;
e. That the applicant verify with the Director of Community Development, that the
subject property zoning permits the proposed cardroom use;
f. A statement that the applicant understands and agrees that the application shall be
considered by the City Council after a full investigation and reports, including any
available criminal and arrest and conviction offender information, have been
made by the Chief of Police, other City officials or their authorized
representatives. A statement that the applicant authorizes the City or its authorized
agents to update the investigation and background information on an annual basis
if the application is approved.
4. Standards for Issuance. The City Council shall consider and determine whether to issue a
license to operate a cardroom subject to the following conditions:
a. No more than a total of five (5) cardrooms shall be licensed to operate within the
City under provisions of this chapter.
b. No one permittee shall be authorized to operate more than a total of four(4)
cardrooms within City.
C. No more than four(4) card tables shall be operated and maintained within any
single business premises within the City.
d. No card table license shall be issued unless the location for the cardroom(s) is in
compliance with all applicable zoning and building regulations of the City. The
Community Development Department shall review all applications to verify
compliance with the Zoning Code. The Council shall consider the effect of the
am operation of a cardroom on other sensitive uses located in the vicinity of the
City of Atascadero
Ordinance No. 503
Page 5 of 10
cardroom, including but not limited to schools, public parks or recreational areas,
public buildings with programs for minors, and religious institutions.
e. No cardroom license shall be transferable to another location or permittee without
the approval of the City Council. Playing of all games shall be confined to those
designated areas of the cardroom premises as may be set forth in the cardroom
license. No playing of any games shall be permitted at any other location within
or upon the cardroom premises.
f. No cardroom license shall be issued to any person who has been convicted of any
felony, nor to any association, partnership or corporation of which any owner
thereof has been convicted of a felony.
g. In addition to any other restrictions provided by law, no card table license shall be
issued to anyone who is disqualified from holding a State gambling license for
any of the reasons specified in California Business and Profession Code section
19859.
h. Applicant shall provide to the City copies of all written reports filed with the
Division of Gambling Control pursuant to the Act or Title 11 of the California
Code of Regulations.
5. Cardroom Work Permit--Application and Denial.
a. Cardroom employees must obtain a cardroom work permit from the Director of
Administrative Services or his/her designee of the City of Atascadero. For the
purposes of this chapter, "cardroom enterprise employees" are defined as any
natural person employed in the operation of a gambling enterprise, including
without limitation, dealers, floor personnel, security employees, countroom
personnel, cage personnel, collection personnel, surveillance personnel, data-
processing personnel, appropriate maintenance personnel, waiters and waitresses,
and secretaries, or any other natural person whose employment duties require or
authorize access to restricted gambling establishment areas. Applications for
cardroom work permits shall be submitted under oath and contain the past
criminal record, if any, of the applicant, and such information as maybe deemed
necessary by the chief to determine whether the applicant is a proper person to be
issued a cardroom work permit. The application also shall be accompanied by
fingerprints, a recent photograph of the applicant and an amount equal to any
fingerprint processing fee required by the City.
b. A cardroom work permit shall not be issued to any person who would be
disqualified from holding a state gambling license for the reasons specified in
paragraphs (1) through(7), inclusive of subdivision (a) of Section 19859 of the
Act, or regarding whom the Division of Gambling Control of the State of
California has filed an objection to the City.
City of Atascadero
Ordinance No. 503
Page 6 of 10
C. The Director of Administrative Services or his/her designee may deny issuance of
cardroom work permit for any further cause deemed reasonable by the Director.
The action of the Director denying a cardroom work permit on the basis of this
section shall be subject to appeal to the City Council. Notice of such appeal shall
be filed with the City Clerk within ten days after the notice of denial of the
permit. Upon failure to file notice of appeal within the ten-day period, the action
of the Director denying the permit shall be final and conclusive.
d. Cardroom work permits shall be prominently displayed in the cardrooms by any
cardroom employees when they are working.
e. Each application for a cardroom work permit shall be accompanied by a fee as
established by City Council resolution. The fee shall not be returned in the event
that the permit is refused, revoked, or suspended, as provided in this chapter. The
permit shall be valid for one year from the date of issue; however, it may be
prorated quarterly. The date of expiration shall be prominently displayed on the
face of the permit.
f. The holder of a cardroom work permit shall not be restricted as to place of
employment.
g. A statement shall be signed by the applicant stating that the applicant understands
and agrees that the application shall be considered by the Director of
Administrative Services after a full investigation and reports, including any
available criminal and arrest and conviction offender information, have been
made by the Chief of Police and other City officials or their authorized
representatives. A statement shall be signed by the applicant stating that the
applicant authorizes the City or its authorized agents to update the investigation
and background information on an annual basis if the application is approved.
6. Permit Revocation or Suspension. The Director may revoke or suspend, and take
possession of any cardroom work permit issued under this chapter, upon any violation of
the provisions of this chapter. The action of the Director shall be subject to appeal to the
Council. Notice of such appeal shall be filed with the City Clerk within ten days after
notice of the revocation or suspension action. Upon failure to file notice of appeal within
the ten-day period, the revocation or suspension of the cardroom work permit shall be
final and conclusive.
7. Revocation of Licenses. The City Council shall have the right to revoke any cardroom
license when the possessor thereof has violated, or permitted the violation of, any of the
terms of this chapter. The City Council may also revoke any cardroom license when the
business being operated is not being conducted in accordance with the public health,
safety or welfare or when, in the discretion of the City Council, it is found that the
continued operation of such business will create or is creating a policy problem for the
�.. City. Prior to revoking any cardroom license, the City Council shall cause to be served
on the applicant a notice of its intention to do so at least five days prior to the date upon
which it intends to consider the matter of such revocation, and also stating the right of the
City of Atascadero
Ordinance No. 503
Page 7 of 10
licensee to appear before the City Council and to show cause why such license should not
be revoked. The decision of the City Council with respect to such revocation shall be
final.
8. Attendance by Minors. No person under the age of twenty-one shall be employed in or
allowed to frequent, remain in or visit any room or premises wherein is conducted or
operated any card table licensed under the provisions of this chapter.
9. Patron Security and Safety in and Around a Cardroom Establishment.
a. Each applicant for a cardroom license, at the time of application, and annually
thereafter, at the time of cardroom license renewal, shall present a plan for
security and safety of patrons of the cardroom in and around the cardroom
establishment. The plan shall set forth such provisions as are necessary to ensure
the safety and security of patrons, including measures taken or instituted to avoid
follow-home robberies. The holder of a cardroom license shall be liable for the
safety and security of patrons to the fullest extent under the law. Any effort on
the part of a cardroom licensee to limit such liability shall be clearly posted in
such a manner as to give adequate notice to patrons. The plan shall include a
detailed summary of all known incidents involving or affecting patron security
and safety in and around the cardroom establishment for the preceding year.
b. The Chief of Police or his/her designee may require, in his or her discretion, all
cardroom licensees to implement reasonable security measures to insure the safety
of patrons including, but not limited to, hiring private uniformed security guards.
If security guards are required, the Chief of Police shall determine the number and
hours of coverage.
C. During all hours of operation, doors at the cardroom establishment shall be
unlocked and accessible to the general public and open to police inspection.
Cardrooms shall be located and so arranged that card tables and the players at the
tables are plainly visible from the door opening of the cardroom when the door is
opened. No wall, partition, screen, or similar structure between the front door
opening and any card table located in the cardroom shall be permitted if it
interferes with such visibility.
10. Transfer and Assignment. Any transfer or assignment of any license shall be considered
for all purposes in the same manner as a new application for a cardroom license in the
City, and all the provisions of this chapter applicable to new and original applications
shall apply.
11. Annual Fee. Licenses shall be issued on an annual basis. The annual license fee, payable
each fiscal year beginning July 1, 2006, shall be established by resolution of the City
Council. The fees shall be payable to the City after the Council has approved the issuance
of the license but prior to the issuance of the license. The operator of a cardroom shall
"m pay the license fee set forth in this section regardless of the license fees he/she might pay
for other businesses. If the same person operates two (2) or more cardrooms,he/she shall
City of Atascadero
Ordinance No. 503
Page 8 of 10
pay on each cardroom the license fee set forth in this section and shall have a separate
license for each cardroom.
12. Police Access to Premises. The City Council finds that it is necessary and in the public
interest that law enforcement officers have access to any premises in which a card table is
being operated under the terms of this chapter. Any premises for which a license has been
issued under the provision of this chapter shall be deemed to constitute a public place,
and all police officers and peace officers shall at all times have access thereto during
business hours.
13. Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom may operate twenty-four(24) hours per day. Each permittee
shall clearly post the hours of operation of the cardroom so as to provide law enforcement
and cardroom patrons adequate notice of the hours of operation. If alcohol is served on
the premises (with the proper licenses from the Department of Alcohol Beverage
Control), all alcoholic beverages shall cease being served between the hours of 2:00 a.m.
and 6:00 a.m. each day.'
14. Bets or Wagers. No cardroom permittee, owner or employee shall allow any person
playing in any game to make any single bet or wager in excess of five hundred dollars
($500.00).
a. The wagering limit shall be five hundred dollars in the same hand. No cardroom
owner, operator, or employee shall permit any of the following:
(1) A person making aggregate bets in excess of five hundred dollars in the
same hand;
(2) Simultaneous hands or betting squares by the same player;
(3) Bets made by any owner, operator, or employee while on duty;
(4) Bets made by a shill or dummy player.
b. Wagering at any table shall be limited to table stakes. No side bets shall be
permitted. Table limits shall be posted in a location observable from the table.
The cardroom shall set individual table stake limits, not to exceed the wagering
limit. Table limits may be changed with not less than thirty minutes notice to the
patrons.
C. The wagering limit may be changed by council resolution.
15. Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor,
and any person found guilty thereof shall, upon conviction or plea of guilty, be punished
by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in
,... the jail of the City, or in the jail of the County of San Luis Obispo, for not more than
three months, or by both such fine and imprisonment, and when a fine is imposed the
City of Atascadero
Ordinance No. 503
Page 9 of 10
judgment may direct that the defendant be imprisoned in the county jail until such fine is
satisfied at the rate established by the county.
16. Severability. If any section, subsection, sentence, clause, phrase or portion of this section
is for any reason deemed or held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portion of this section. The City Council of the City of Atascadero hereby
declares that it would have adopted this section and each subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact any one or more subsections, sentences,
clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional.
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(3 0) 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
and a certified copy shall be posted in the office of the City Clerk, pursuant to Government Code
section 36933(c)(1).
City of Atascadero
Ordinance No. 503
Page 10 of 10
INTRODUCED at a regular meeting of the City Council held on November 14, 2006,
and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California,
on November 28, 2006 by the following roll call vote:
AYES: Council Members Clay, Luna, Pacas and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: One Vacancy
ATTEST: CITY OF ATASC�DERO
Marcia McClure Torgerson, C.M. Tom O'Malley, M or
City Clerk
APPROVED AS TO FORM:
Patrick L. nr' t, ity Attorney
arra