HomeMy WebLinkAboutOrdinance 369 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of Ordinance No. 369
adopted by the Atascadero City Council at a regular meeting thereof held on
December 14, 1999, and that it has been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 369
URGENCY ORDINANCE
OF THE CITY COUNCIL OF ATASCADERO
ESTABLISHING GAMING REGULATIONS
PREAMBLE: Purpose and Intent
The City Council of the City of Atascadero has previously provided for the regulation of card
tables within the City.
The California Gambling Control Act provides that the California Gambling Control
Commission shall deny a gambling license with respect to any gambling establishment that is
located in a city that does not have an ordinance governing wagering limits and other specified
items.
The City's current regulations do not contain several of the specified sections.
There are gaming establishments within the City whose licenses may be subject to revocation by
the California Gambling Control Commission should the City not amend its card table
ordinances, resulting in the loss of employment for the employees of such establishments, and
the loss of revenues to the City from various sources;
NOW THEREFORE, the City Council of the City of Atascadero does ordain that Section 3-
5.403 of the Atascadero Municipal Code is amended to read as follows:
3-5-403 Cardrooms
3-5.403(a) Card Table Defined: The term "card table" as used in this Chapter shall mean a
card table within a business premises where there is carried on any card game for
hire or for compensation, which game is not unlawful under the provision of
California Penal Code section 330, or any other provision of law.
3-5.403(b) (1) Licenses. It is unlawful for any person, firm association, corporation or
partnership to engage in or carry on the business of conduction or operating one
or more card tables unless there is in effect a card table license covering each such
card table, issued pursuant to the Atascadero Municipal Code and pursuant to
applicable state law.
(2) Standards for Issuance: No more than a total of five (5) card tables shall be
licensed to operate within the City under the provisions of this chapter. No one
permitee shall be authorized to operate more than a total of two card tables within
the City. No more than two card tables shall be operated or maintained within
any single business premises within the City. No card table license shall be
transferable to another location or permittee. No card table 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. 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
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Ordinance No.369
Page 2
license for any of the reasons specified in California Business and Profession
Code section 9850.
(3) Applications for Licenses: Any person desiring to obtain a card table license
shall apply pursuant to Atascadero Municipal Code Section 3-5.102 et seq. Every
application for a card room license shall be subject to objection by the
Department of Justice, Division of Gambling Control. If the Division of
Gambling Control objects to the issuance of a license, issuance shall be denied.
Such a denial may be reviewed only in accordance with the Gambling Control
Act.
(4) Revocation of Licenses: The City Council shall have the right to revoke any
card table license when the possessor thereof has violated, or permitted the
violation of, any of the terms of this chapter, or state law, including but not
limited to the Labor Code of the state of California. The City shall follow the
procedures set forth in Atascadero Municipal Code section 3-5.315 in processing
a revocation of a card table license.
(5) Annual Fee: There shall be an annual fee in the amount of$500.00 for each
card table licensed pursuant to the terms of this Code.
(6) 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.
3-5.403(c) Operating Restrictions: It shall be unlawful for any person, firm, association,
corporation or partnership to operate, or permit the operation of a card table
premises in violation of the following restricts and conditions of operation;
(1) Permitted Locations: The playing of all games permitted under this section
shall be confined to those designated areas of the cardroom premises as may be
set forth in the cardroom permit, and no playing of any games shall be permitted
at any other location within or upon the card room premises for which prior
written approval from the City has not been obtained. Furthermore, No cardroom
license shall be issued to carry on any card room activities where such business is
inconsistent with the Zoning Ordinance of the City. The Community
Development Department shall review all applications to very compliance with
this Chapter. In determining whether to approve the location of a proposed
cardroom, the City shall take into consideration the effect of the operation of a
cardroom on other sensitive uses located in the vicinity of the proposed cardroom,
including but not limited to schools, public parks or recreation areas, public
buildings with programs for minors, and religious institutions.
(2) Disorderly Conduct: All card table permittees, owners, operators, and
managers are responsible for insuring that no disorderly conduct occurs on or
around the cardroom premises, and that no other similar conduct occurs on or
around the cardroom premises such that it constitutes a breach of the peace or that
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Ordinance No.369
Page 3
is otherwise detrimental to the public health, safety, or welfare.
(3) 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.
(4) Bets or Wagers: No card table 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.
3-5.403(d) Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 ordinance. The City Council of the City of Atascadero hereby declares
that it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof, irrespective of the fact any one or more sections, subsections,
sentences, clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional.
PASSED AND ADOPTED at a meeting of the City Council held on December 14, 1999 by the
following vote:
AYES: Council Members Clay, Luna, Scalise and Mayor Johnson
NOES: Council Member Arrambide
ABSENT: None
ABSTAIN: None
Ray Jo so , Mayor
ATTEST:
Marcia McClure Torgerson, Cityerk
APPROVED AS TO FORM:
Ro anley, City Atto ney