Adelanto City Council
December 4, 2023

AMENDED
AGENDA

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL,

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
DECEMBER 4, 2023
11:00 a.m.

City Council
Gabriel Reyes, Mayor
Daniel Ramos, Mayor Pro Tem
Joy Jeannette, Councilor
Angelo Meza, Councilor
Amanda Uptergrove, Councilor
City Manager
Jessie Flores
City Attorney
Todd Litfin
Meetings held:
2 nd & 4th Wednesday
Adelanto Governmental Center
City Council Chambers
11600 Air Expressway, Adelanto Open Session: 11:00 a.m.

City Council, essential staff, and the public are allowed to be physically present inside Council Chambers and will be seated the recommended distance from each other. Public participation is also call-in or via written correspondence.

NOTE: PLEASE TURN CELL PHONES OFF OR PLACE THEM ON VIBRATE DURING THE CITY COUNCIL MEETING AS A COURTESY TO OTHERS. Thank you, Administrative Staff The City Council Agenda packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council within 72 hours of a regular meeting, shall be made available for public inspection at the reception counter in City Hall at 11600 Air Expressway, Adelanto, CA 92301, during normal business hours. Members of the public can view the agenda or download any staff reports in advance by accessing the City website at www.ci.adelanto.ca.us on Thursday the week before the scheduled meeting.

The public may view the meeting or participate / comment remotely as follows:
• All of our meetings are streamed live at
https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.
• Participate via zoom please log in using any of the options below:

Teleconference https://us06web.zoom.us/j/93146444676
Or Telephone:
1-669-444-9171
Webinar ID: 931 4644 4676#
Passcode 7601
Submit written comments:
1 SPECIAL MEETING
December 4, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting. Send emails to [email protected]; written correspondence may be sent to Brenda Lopez, 11600 Air Expressway Adelanto CA 92301.

Rules of Decorum
“Members of the Public are advised that all PAGERS, CELLULAR TELEPHONES and any OTHER COMMUNICATION DEVICES are to be turned off upon entering the City Council Chambers.” If you need to have a discussion with someone in the audience, kindly step out into the lobby. Under the Government Code, the City Council may regulate disruptive behavior that impedes the City Council Meeting.

Disruptive conduct may include, but is not limited to:
• Screaming or yelling during another audience member’s public comments period; • Profane language directed at individuals in the meeting room; • Throwing objects at other individuals in the meeting room; • Physical or verbal altercations with other individuals in the meeting room; and • Going beyond the allotted three-minute public comment period granted.

When a person’s or group’s conduct disrupts the meeting, the Mayor or presiding officer will request that the person or group stop the disruptive behavior, and WARN the person or group that they will be asked to leave the meeting room if the behavior continues.

If the person or group refuses to stop the disruptive behavior, the Mayor or presiding officer may order the person or group to leave the meeting room, and may request that those persons be escorted from the meeting room. Any person who, without authority of law, willfully disturbs or breaks up a City Council meeting is guilty of a misdemeanor. (Pen. Code, § 403.) It should also be noted that any person who WILLFULLY disturbs or breaks up the City Council meeting may be arrested for a misdemeanor offense. (Penal Code, § 403.)

MEMBERS OF THE PUBLIC WISHING TO ADDRESS THE CITY COUNCIL MEMBERS

ARE REQUIRED TO FILL OUT A SPEAKER REQUEST FORM AND PLACE IT IN THE TRAY ON THE PODIUM PRIOR TO MEETING. Thank you, Administrative Staff The City Council packet may be reviewed by the public at the reception counter in City Hall. Any writings or documents pertaining to an open session item, provided to a majority of the City Council Members within seventy-two (72) hours of a Regular Meeting and twenty-four (24) hours of a Special Meeting. Members of the public can view the agenda or download any staff reports in advance by accessing the City’s website at www.ci.adelanto.ca.us on the Thursday of the week before the scheduled meeting.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (760) 246-2300, ext. 11123, no later than seventy-two (72) hours prior to the meeting per 28 CFR 34.102.104.
2 SPECIAL MEETING
December 4, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us TIME: _____________
ROLL CALL: Councilor Jeannette ________
Councilor Meza ________
Councilor Uptergrove ________
Mayor Pro Tem Ramos ________
Mayor Reyes ________
INVOCATION:

FLAG SALUTE: ______________________
B. CONSENT CALENDAR
Items on the Consent Calendar are considered routine in nature and non-controversial, and require no further discussion by the City Council. They may be acted on in one motion unless a member of the City Council requests a separate discussion on an item.

MOTION APPROVING THE CONSENT CALENDAR AS PRESENTED

1. Waiver of Full Reading of Ordinances. Proposed action to waive full reading (except title) of all ordinances appearing on this City Council agenda as authorized by Government Code Section 36934, unless otherwise directed by the City Council.

M__________________S__________________ACTION__________________ C. NEW BUSINESS – SUCCESSOR AGENCY
PUBLIC COMMENT: CLOSE PUBLIC COMMENT:

1. FINDINGS THAT A CERTAIN COOPERATIVE AGREEMENT WAS FOR LEGITIMATE

REDEVELOPMENT PURPOSES AND APPROVAL OF REPAYMENT OF THE COOPERATIVE AGREEMENT. (TODD/JESSIE)
RECOMMENDATION:

Adopt a Resolution finding that the Cooperative Agreement was for a legitimate redevelopment purpose and approving repayment for the Cooperative Agreement principal amount.

A. CALL TO ORDER—SPECIAL MEETING
3 SPECIAL MEETING
December 4, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us SUCCESSOR AGENCY RESOLUTION NO. 23-05

RESOLUTION OF THE ADELANTO SUCCESSOR AGENCY MAKING A FINDING THAT

A CERTAIN COOPERATIVE AGREEMENT WAS FOR A LEGITIMATE

REDEVELOPMENT PURPOSE AND APPROVING REPAYMENT OF THE COOPERATIVE

AGREEMENT FROM TAX INCREMENT REVENUES GENERATED WITHIN THE CITY OF ADELANTO REDEVELOPMENT PROJECT AREA TO THE CITY OF VICTORVILLE.

M__________________S__________________ACTION__________________ D. NEW BUSINESS
OPEN PUBLIC COMMENT: CLOSE PUBLIC COMMENT:

1. FIRST READING OF ORDINANCE AMENDING ADELANTO MUNICIPAL CODE CHAPTER

5.16 “CARD CLUBS” (JESSIE/ DR. KEINAN )
RECOMMENDATION: Staff recommends that City Council consider and approve the first reading of an Ordinance amending Chapter 5.16 of the Adelanto Municipal Code pertaining to Card Clubs.

ORDINANCE NO. (NEXT IN LINE)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, AMENDING CHAPTER 5.16 “CARD CLUBS” OF THE ADELANTO

MUNICIPAL CODE
M__________________S__________________ACTION__________________ E. ADJOURNMENT
The next Regular Meeting of the City Council will be held on December 13, 2023, at 7:00 p.m.

TIME OUT:

M__________________S__________________ACTION____________________ 4 SPECIAL MEETING
December 4, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

I, BRENDA LOPEZ, CITY CLERK OF THE CITY OF ADELANTO, OR MY DESIGNEE,

HEREBY CERTIFY THAT A TRUE, ACCURATE COPY OF THE FOREGOING AGENDA WAS POSTED ON DECEMBER 2, 2023, TWENTY-FOUR (24) HOURS PRIOR TO THE MEETING PER GOVERNMENT CODE 54954.2 IN THE GOVERNMENTAL CENTER’S DISPLAY CASE, 11600 AIR EXPRESSWAY, THE ADELANTO POST OFFICE, AND ADELANTO LIBRARY IN ADELANTO, CALIFORNIA.

Brenda Lopez, City Clerk, CMC
F. DECLARATION OF POSTING
5 SPECIAL MEETING
December 4, 2023
11600 Air Expressway • Adelanto, CA 92301 • (760) 246-2300 • www.ci.adelanto.ca.us

YOUR CITY GOVERNMENT
CHARTER CITY: Ratified by the electors of the City at an election on November 3, 1992. “A Charter City can do what the Charter permits it to do, so long as there is not direct violation of the State Constitution.”
CITY COUNCIL: The City Council is the legislative and policy-making body of the City. The City Council is composed of one elected Mayor and four Council Members, elected at large (to represent the entire City), to serve four (4) year, staggered terms.

CITY MANAGER: The City Manager is the chief executive officer responsible for the day-to-day administration of City affairs.

CITY COUNCIL MEETING: The regular meeting of your City Council is a vital part of the democratic process in the conduct of the City’s affairs. These meetings are open to the public and conducted by your elected representatives who are responsible, as a body, for the operation of Adelanto’s City government. The City Council appreciates your interest and urges citizen participation in government matters.

LEGISLATIVE TERMS
ORDINANCES: Ordinances are the means by which the City enacts its local laws. Unless an urgent situation exists, ordinances will first be presented at a City Council meeting as a “first reading.” At a subsequent City Council meeting, there will be a “second reading” and vote for or against adoption. Ordinances go into effect after a waiting period of thirty (30) days, in most cases, during which time the summary of the ordinance is published in a local newspaper approved for this purpose.

RESOLUTIONS: Resolutions and minute orders are the means by which the City Council formally adopts policies and/or approves specific actions. These go into effect upon adoption 6 Adelanto City Hall ~ 11600 Air Expressway, Adelanto, CA 92301 ~ (760) 246-2300 ~ Fax (442) 249-1121

AMENDED

SPECIAL MEETING

OF THE ADELANTO CITY COUNCIL

ADELANTO PUBLIC FINANCING AUTHORITY,

ADELANTO PUBLIC UTILITY AUTHORITY,

ADELANTO COMMUNITY BENEFIT CORPORATION,

AND THE SUCCESSOR AGENCY BOARD
DECEMBER 4, 2023
All of our meetings are streamed live at https://adelanto.granicus.com/ViewPublisher.php?view_id=1 and are also available for playback after the meeting.

Participate via zoom please log in using any of the options below:

Teleconference https://us06web.zoom.us/j/93146444676?pwd=YVU5anBFak1xSFZ4emNnNW9FNExiQT09

TIME TELECONFERENCE
To Participate and Call in for public comments:

Please call 1 669 444 9171 along with
conference code 931 4644 4676
Open Session – 11:00 a.m. Passcode: 7601

Dated: December 2,2023 Brenda Lopez, City Clerk, CMC
7 SUCCESSOR AGENCY BOARD REPORT
A D E L A N T O G O V E R N M E N T A L C E N T E R | 1 1 6 0 0 A I R E X P R E S S W A Y | A D E L A N T O , C A L I F O R N I A 9 2 3 0 1
DATE: December 4, 2023
TO: Honorable Chairman and Board Members
FROM: Jesse Flores, Executive Director
BY: Finance
SUBJECT: FINDINGS THAT A CERTAIN COOPERATIVE AGREEMENT WAS

FOR LEGITIMATE REDEVELOPMENT PURPOSES AND

APPROVAL OF REPAYMENT OF THE COOPERATIVE

AGREEMENT
STAFF RECOMMENDATION:

Adopt a Resolution finding that the Cooperative Agreement was for a legitimate redevelopment purpose and approving repayment for the Cooperative Agreement principal amount.

BACKGROUND:

On April 23, 2003, the City of Victorville (Victorville) and the City of Adelanto (Adelanto) entered into the Cooperative Agreement (Agreement) identifying a desire to cooperate and jointly participate in a project to reconstruct Air Expressway from Route 395 to Emerald Road and install traffic control signals and safety lighting at the intersection of Adelanto Road and Air Expressway (see Attachment B). The roadway improvement, located in both cities, was made to accommodate greater traffic resulting from the conversion of the former George Air Force Base to the commercial Southern California Logistics Airport, which was the focal point of the Victor Valley Economic Development Authority (VVEDA) Redevelopment Project Area.

The two Cities agreed that Adelanto would reimburse Victorville for Adelanto’s actual share of project costs, less the portion required to fund Adelanto’s portion of the startup, plan adoption, and administrative costs of VVEDA as provided in Section 34 of the 4th Amendment to the VVEDA Joint Powers Agreement.

All such revenues were to be applied to repayment of Adelanto’s share until Victorville would be fully reimbursed. The Agreement states that Adelanto’s share of costs shall come solely from tax increment revenues generated within the VVEDA Redevelopment Project Area.

The executed Cooperative Agreement identifies the source of funding from which Adelanto’s repayment shall come from as being that of the tax increment revenues generated within the VVEDA Redevelopment Project Area (Section 1.14), with Adelanto specifically agreeing to “reimburse Victorville for Adelanto’s share of Project cost, including design, construction, engineering, and administration, from tax increment 8 revenues generated within the Adelanto portion of the VVEDA Redevelopment Project Area” per Section

2.2. Prior to the dissolution of redevelopment agencies by ABx1 26, the VVEDA Redevelopment Agency distributed tax increment revenues to member jurisdictions pursuant to Section 34 of the Fourth Amended and Restated Joint Exercise of Powers Agreement (see Attachment C). Pursuant to Section 34, each VVEDA member jurisdiction received an allocation of tax increment revenues that could be spent within its portion of the VVEDA Project Area. This is why the Cooperative Agreement is entered into by the Cities of Victorville and Adelanto and why the Cooperative Agreement refers to Adelanto’s reimbursement made from “tax increment revenues generated within the VVEDA Redevelopment Project Area.”
Because the subject of the Cooperative Agreement and the identified funding source for reimbursement are located within the VVEDA Project Area, the VVEDA Successor Agency previously attempted to have the Cooperative Agreement approved as one of its enforceable obligations. The San Bernardino Countywide Oversight Board approved the obligation at its January 12, 2023 meeting. The item was denied by the State Department of Finance (DOF) in a letter dated March 6, 2023 (see Attachment D).

DOF stated that VVEDA was not a party to the agreement and that “the Agreement appears to obligate the Adelanto Successor Agency… and any actions related to the Agreement should be considered by those successor agencies who are party to the agreement” (referring to Adelanto and Victorville).

Approving the Cooperative Agreement as an enforceable obligation of the Adelanto Successor Agency satisfies both the spirt of the Cooperative Agreement (that repayment would be made from Adelanto’s tax increment revenues) and the direction from DOF that any actions related to the Cooperative Agreement should be considered by the Adelanto and/or Victorville Successor Agencies.

HSC Section 34171 (d)(1)(E) defines an enforceable obligation as legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy. The Cooperative Agreement entered into between Adelanto and Victorville neither violates the debt limit or public policy and by very definition of HSC Section 34171 (d)(1)(E), meets the requirements of an enforceable obligation. That, in combination with the clear demonstration of intent of repayment for the obligation from Adelanto’s tax increment revenues generated within the Adelanto portion of the VVEDA Redevelopment Project Area as evidenced in the Cooperative Agreement, supports the claim that the obligation is enforceable, and repayment should be permissible from Adelanto’s portion of tax increment revenues generated within the Adelanto portion of the VVEDA Redevelopment Project Area.

Adelanto would like to proceed with allocating tax increment revenues (now referred to as RPTTF) generated within the Adelanto portion of the VVEDA Redevelopment Project Area to repayment of the amount owed to the City of Victorville until the balance has been fully resolved. Finding that the agreement is an enforceable obligation and approving repayment will further the Adelanto Successor Agency dissolution by paying down outstanding liabilities.

FISCAL IMPACT:

Subject to this item’s approval, the Adelanto Successor Agency will include repayment of the Cooperative Agreement balance using RPTTF funding to be requested starting on the Recognized Obligation Payment Schedule for Fiscal Year 2025-26 and continuing into future years as needed until fully repaid. Repayment will be made using only tax increment revenues generated within the Adelanto portion of the VVEDA Redevelopment Project Area. Using the guidelines of HSC Section 34171(d)(1)(E), the outstanding balance of the obligation warranting repayment is $1,555,298. 9 RECOMMENDATION:

It is recommended the Successor Agency Board adopt a Resolution to make findings that the Agreement entered into was for legitimate redevelopment purposes and approve repayment via RPTTF generated within the Adelanto portion of the VVEDA Redevelopment Project Area. The resolution and supporting documentation will be submitted first to the San Bernardino Countywide Oversight Board (CWOB) for review and approval. If approved by the CWOB, the resolution and supporting documentation will be submitted to DOF, as required by HSC Section 34179 (h). This will commence the DOF review period.

ATTACHMENTS:

Attachment A – Cooperative Agreement Resolution
Attachment B – March 2003 Revised Cooperative Agreement Attachment C – Fourth Amended and Restated Joint Exercise of Powers Agreement Attachment D – March 6, 2023 Department of Finance Determination Letter 10 Successor Agency Resolution No. 23-05

SUCCESSOR AGENCY RESOLUTION NO. 23-05

RESOLUTION OF THE ADELANTO SUCCESSOR AGENCY MAKING A FINDING THAT

A CERTAIN COOPERATIVE AGREEMENT WAS FOR A LEGITIMATE

REDEVELOPMENT PURPOSE AND APPROVING REPAYMENT OF THE COOPERATIVE

AGREEMENT FROM TAX INCREMENT REVENUES GENERATED WITHIN THE CITY OF ADELANTO REDEVELOPMENT PROJECT AREA TO THE CITY OF VICTORVILLE.

WHEREAS, HSC 34171(d)(1)(E) defines an enforceable obligation as a legally binding and enforceable agreement or contract that is not otherwise void as violating the debt limit or public policy; and
WHEREAS, on April 23, 2003, the City of Victorville (Victorville) and the City of Adelanto (Adelanto) entered into an agreement identifying a desire to cooperate and jointly participate in a project to reconstruct Air Expressway from Route 395 to Emerald Road and install traffic control signals and safety lighting at the intersection of Adelanto Road and Air Expressway; and
WHEREAS, it was agreed that Adelanto shall reimburse Victorville for Adelanto’s actual share of project costs from tax increment revenues generated within the Adelanto portion of the Victor Valley Economic Development Authority (VVEDA) Redevelopment Project area less the portion required to fund Adelanto’s portion of the startup, plan adoption and administrative costs of VVEDA as provided in Section 34 of the VVEDA Joint Powers Agreement. All such revenues would have been applied to repayment of Adelanto’s share until Victorville was fully reimbursed, but the State Department of Finance (DOF) denied the item in a letter dated March 6, 2023 following the San Bernardino Countywide Oversight Board’s approval of the obligation in its January 12, 2023 meeting; and
WHEREAS, based on DOF’s denial of the item to be repaid through VVEDA and identifying that Adelanto’s Successor Agency is responsible for the repayment of the obligation, Adelanto would like to proceed with allocating tax increment revenues (now referred to as RPTTF) generated within the Adelanto portion of the VVEDA Redevelopment Project area to repayment of the amount owed to the City of Victorville until the balance has been fully resolved; and WHEREAS, finding that the agreement is an enforceable obligation and approving repayment will further the Adelanto Successor Agency dissolution by paying down outstanding liabilities.

NOW, THEREFORE, THE BOARD OF THE SUCCESSOR AGENCY TO THE

FORMER ADELANTO REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are incorporated herein. 11 Successor Agency Resolution No. 23-05

SECTION 2. For the purposes of HSC 34171 (d)(1)(E), the Board of the Successor Agency approves and authorizes the enforceable obligation, allowing for repayment of the obligation.

SECTION 3. The Adelanto Successor Agency shall reimburse the City of Victorville as specified in the Cooperative Agreement from Adelanto’s RPTTF generated by the Adelanto portion of the VVEDA Redevelopment Project area as permitted by the San Bernardino Countywide Oversight Board and the California Department of Finance, together with such changes as may be approved by the San Bernardino Countywide Oversight Board and the California Department of Finance.

SECTION 4. In retaining the responsibilities of the former Adelanto Redevelopment Agency as provided in California Health and Safety Code Section 34177, the Successor Agency Board expressly determines, recognizes, reaffirms, and ratifies the statutory limitation on the liability of the Successor Agency, Successor Agency Board, City of Adelanto, and City Council of the City of Adelanto in retaining the responsibilities of the Adelanto Redevelopment Agency under ABx1 26 and AB 1484. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City of Adelanto or any resources funds, or assets of the City to fund the Successor Agency as provided in this Resolution.

SECTION 5. The Executive Director is hereby authorized and directed to submit the Cooperative Agreement set forth in Exhibit ‘A’ to the Oversight Board for approval and transmittal to all required County and State agencies and to be posted as deemed appropriate by the Executive Director.

SECTION 6. The Board Chairman shall sign this Resolution, and the Board Executive Director shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
12 Successor Agency Resolution No. 23-05

PASSED, APPROVED AND ADOPTED this 4th day of December, 2023. ______________________________
Gabriel Reyes, Chairman
_______________________________
Brenda Lopez, Secretary
13 Successor Agency Resolution No. 23-05

I, Brenda Lopez, Secretary of the Board of the Successor Agency to the Former Adelanto Redevelopment Agency, do hereby certify that the foregoing Successor Agency Resolution No. 23-02 was duly and regularly adopted at a regular meeting of the Board of the Successor Agency to the Former Adelanto Redevelopment Agency on this 4th day of December, 2023 be the following vote to wit:

AYES: Directors, Jeannette, Meza, Uptergrove, Vice-Chairman Ramos and Chairman Reyes NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS THEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on the 4th day of December, 2023.
______________________________
Brenda Lopez, Secretary
14 15
16 17
18 19
20 21
22 Estimate of Work Done on:

Air Expressway St. Imp. Proj.

ENG. DEPT.

Est. No. 8, Page ___1__ of __3___Pages
Period ___2-28-04__ to ___4-20-04__
40510-65050-65062
Vance Corp.
2271 N. Locust Ave.

Rialto, CA 92377
ITEM

CONTRACT
QTY
TOTAL

QUANTITIES

TO DATE UNIT

CONTRACT

PRICES TOTALS
Victorville
Share
Adelanto
Share Victorville Adelanto
1 Mobilization 1 1.00 LS 137,300.00 137,300.00 50% 50% 68,650.00 68,650.00 2 Clearing & grubbing 1 1.00 LS 3,000.00 3,000.00 50% 50% 1,500.00 1,500.00 3 Roadway excavation 36,200 27,518.05 CY 2.70 74,298.74 36.10% 63.90% 26,821.84 47,476.89 4 Roadway embankment 2,700 27,518.05 CY 1.80 49,532.49 54.82% 45.18% 27,153.71 22,378.78 5 Unclassified excavation 20,000 0.00 CY 2.80 - 0.00 0.00 6 Roadside ditch grading 1 0.00 LS 7,000.00 - 0.00 0.00 AB 7 Asphalt concrete (AC) pavement 28,500 27,811.00 TON 33.20 923,325.20 50.5% 49.5% 466,279.23 457,045.97 274012.5 397318.2 225801.9 327412.7 8 Class II aggregate base 52,500 36,340.33 TON 9.90 359,769.27 50.5% 49.5% 181,683.48 178,085.79 59802.77 62792.91 9 Grind & recycle AC for aggregate base 26,500 44,068.50 SY 0.80 35,254.80 49.0% 51.0% 17,274.85 17,979.95 390205.6 787523.8 10 Place recycle AC pvmt as Class II AB 6,500 21,342.43 TON 2.35 50,154.71 49.0% 51.0% 24,575.81 25,578.90 0.504516 0.495484 11 Relocate light pole 1 1.00 EA 1,000.00 1,000.00 0% 100% 1,000.00 12 Relocate sign on private property 1 3.00 EA 427.00 1,281.00 0% 100% 1,281.00 13 Const. 8" curb & gutter per City STd. S-01 1,700 1,021.25 LF 8.75 8,935.94 0% 100% 8,935.94 AC 14 Const. 4" sidewalk & handicap ramp per City
Stds. S-04 & S-11
2,000 2,604.50 SF 4.00 10,418.00 0% 100% 10,418.00 274012.5 191808.8 225801.9 158061.3 15 Const. P.C.C. drive approach 600 1,021.25 SF 6.00 6,127.50 0% 100% 6,127.50 59802.77 62792.91 16 Const. P.C.C. cross gutter 600 1,904.00 SF 7.75 14,756.00 0% 100% 14,756.00 220854.2 412663 17 Adjust manhole to finished grade 15 2.00 EA 900.00 1,800.00 0% 100% 1,800.00 0.464807 0.535193 18 Adjust valve to finished grade 21 44.00 EA 20.00 880.00 50% 50% 440.00 440.00 19 Adjust vault to finished grade DELETED 2 0.00 EA 500.00 - 0.00 20 Traffic signing & striping 1 1.00 LS 12,500.00 12,500.00 50% 50% 6,250.00 6,250.00 21 Traffic signal @ Air Expressway/Adelanto Rd. 1 1.00 LS 172,400.00 172,400.00 0% 100% 172,400.00 22 Traffic control 1 1.00 LS 48,000.00 48,000.00 50% 50% 24,000.00 24,000.00 23 35" x 24" CMP arch culvert 512 512.00 LF 75.00 38,400.00 0% 100% 38,400.00 24 Major concrete structure - Culvert 1, cut-off wall
for drainage channel
45 45.00 CY 200.00 9,000.00 0% 100% 9,000.00

QUANTITIES

OF THIS

ESTIMATE

QUANTITIES

PREVIOUSLY

ESTIMATED

1.00 27,518.05

1.00 27,518.05
36,340.33
44,068.50
27,811.00

3.00 1,021.25
21,342.43

1.00 2.00

44.00 2,604.50
1,021.25
1,904.00

1.00 1.00

1.00 512.00

45.00 for drainage channel
25 Major concrete structure - Culvert 2, (3) 7'W x4'H
RCB
210 49.50 CY 1,310.00 64,845.00 0% 100% 64,845.00
26 Major concrete structure - Culvert 2, upstream
headwall
6 6.00 CY 1,135.90 6,815.40 0% 100% 6,815.40
27 Major concrete structure - Culvert 2, downstream
headwall
14 4.00 CY 1,135.90 4,543.60 0% 100% 4,543.60
28 Major concrete structure - Culvert 3, 7'W x 4'H
RCB
124 128.40 CY 785.50 100,858.20 83.5% 16.5% 84,216.60 16,641.60 29 Major concrete structure - Culvert 3, upstream
headwall
5 5.00 CY 1,135.90 5,679.50 0% 100% 0.00 5,679.50
30 Major concrete structure - Culvert 3, downstream
headwall
3 3.00 CY 1,135.90 3,407.70 100% 0% 3,407.70 0.00
31 Major concrete structure - Culvert 4, (4) 10'W x
6'H RCB
42 43.00 CY 1,180.00 50,740.00 84.4% 15.6% 42,824.56 7,915.44 32 Major concrete structure - Culvert 4, upstream
headwall
6 6.00 CY 1,135.90 6,815.40 0% 100% 0.00 6,815.40
33 Major concrete structure - Culvert 4, downstream
headwall
3 3.00 CY 1,135.90 3,407.70 100% 0% 3,407.70 0.00
34 6' high chain link fence DELETED 415 0.00 LF 26.00 - 50% 50% 0.00 0.00 35 18-in RCP -- Culvert 5 256 256.00 LF 54.00 13,824.00 100% 0% 13,824.00 0.00 36 Major concrete structure - Culvert 5, upstream
headwall
1 1.00 CY 2,725.00 2,725.00 100% 0% 2,725.00 0.00
37 Major concrete structure - Culvert 5, downstream
headwall
1 1.00 CY 2,725.00 2,725.00 100% 0% 2,725.00 0.00
38 Major concrete structure - Culvert 6, (2) 5'W x
2'H RCB
80 81.00 CY 773.00 62,613.00 100% 0% 62,613.00 0.00
39 Major concrete structure - Culvert 6, upstream
headwall
3 3.00 CY 1,163.00 3,489.00 100% 0% 3,489.00 0.00

49.50 6.00

5.00 3.00

4.00 128.40

3.00 43.00

6.00 1.00

81.00 256.00

1.00 3.00
headwall
23 Estimate of Work Done on:

Air Expressway St. Imp. Proj.

ENG. DEPT.

Est. No. 8, Page ___2__ of __3___Pages
Period ___2-28-04__ to ___4-20-04__
40510-65050-65062
Vance Corp.
2271 N. Locust Ave.

Rialto, CA 92377
40 Major concrete structure - Culvert 6, downstream
headwall
3 3.00 CY 1,163.00 3,489.00 100% 0% 3,489.00 0.00
41 Major concrete structure - Culvert 7, 5'W x 2'H
RCB
44 45.00 CY 1,042.00 46,890.00 100% 0% 46,890.00 0.00
42 Major concrete structure - Culvert 7, upstream
headwall
4 4.00 CY 1,163.00 4,652.00 100% 0% 4,652.00 0.00
43 Major concrete structure - Culvert 7, downstream
headwall
4 4.00 CY 1,163.00 4,652.00 100% 0% 4,652.00 0.00
44 Major concrete structure - Culvert 8, (7) 7'W x
3'H RCB
418 433.00 CY 526.00 227,758.00 100% 0% 227,758.00 0.00 45 Major concrete structure - Culvert 8, upstream
headwall
8 8.00 CY 1,163.00 9,304.00 100% 0% 9,304.00 0.00
46 Major concrete structure - Culvert 8, downstream
headwall
5 5.00 CY 1,163.00 5,815.00 100% 0% 5,815.00 0.00
47 Perimeter Road grading 18500 18,500.00 SF 0.18 3,330.00 3,330.00 48 Relocate perimeter fence 1235 1,542.00 LF 25.66 39,567.72 100% 0% 39,567.72 49 Temporary FAA fence & temp perimeter road 2150 2,435.00 LF 4.73 11,517.55 100% 0% 11,517.55 50 6' FAA chain link fence DELETED 415 0.00 LF - 0.00
51 CCO 1 Emerald Road (minus pcc gutter)1 1.00 LS 134,299.41 134,299.41 0% 100% 134,299.41 52 CCO 2 Additional AC (Emerald Rd) 230.54 234.54 TON 35.74 8,382.46 0% 100% 8,382.46 53 CCO 3 Install GeoGrid1 1.00 LS 41,920.37 41,920.37 0% 100% 41,920.37 54 CCO 4 Scarify & recompact 650000 650,000 SF 0.05 32,500.00 49.0% 51.0% 15,925.00 16,575.00 55 CCO 5 Finegrade site 650000 650,000 SF 0.11 71,500.00 49.0% 51.0% 35,035.00 36,465.00 56 CCO 6 Install Edison St. Light Conduit1 1.00 LS 833.85 833.85 0% 100% 833.85 57 CCO 7 Grade for Extra Sidewalk1 1.00 LS 1,782.13 1,782.13 0% 100% 1,782.13 58 CCO 8 Relocate Blow-Off Valve (Davies)1 1.00 LS 6,396.90 6,396.90 100% 6,396.90 59 CCO 9 Equip Delay1 1.00 LS 66,306.62 66,306.62 0% 100% 0.00 66,306.62 60 CCO 10 Wage Increases1 1.00 LS 17,123.01 17,123.01 50% 50% 8,561.51 8,561.51

45.00 4.00

3.00 8.00

5.00 4.00
433.00
2,435.00
18,500.00

25.00 1,517.00

1.00 650,000.00

1.00 234.54

1.00 1.00
650,000.00

1.00 1.00
60 CCO 10 Wage Increases1 1.00 1.00 LS 17,123.01 17,123.01 50% 50% 8,561.51 8,561.51 61 CCO 11 Road Excavation Delays1 1.00 LS 26,821.35 26,821.35 50% 50% 13,410.68 13,410.68 62 CCO 12 Trucking for Grinding Phantom1 1.00 LS 4,845.00 4,845.00 100% 0% 4,845.00 63 CCO 13 Install Trash Racks1 1.00 LS 21,240.45 21,240.45 64 CCO 14 Gwinco Extra Move-in, restock fee1 1.00 LS 4,493.90 4,493.90 65 CCO 15 Extra Driveways1 1.00 LS 3,424.82 3,424.82
66 CCO 16 C-18 Extra Signs, Striping1 1.00 LS 2,551.45 2,551.45 67 CCO 17 Ramirez- Manhole Adjustment 1.00 LS 1,060.50 1,060.50 68 CCO 18 Metal Beam Guardrail1 1.00 LS 6,800.46 6,800.46 69 CCO 19 Samrod Hand Pouring Curb1 1.00 LS 1,674.31 1,674.31 70 CCO Additional AC Testing1 1.00 LS 1,566.41 1,566.41 1,505,010.83 1,555,297.68 71 CCO Additional Month Rental Fence1 1.00 LS 1,147.00 1,147.00

0.00 -

0.00 -

0.00 -

0.00 -
TOTAL CONTRACT ITEMS: $ 3,104,267.81
$ 3,104,267.81
$ 70,000.00
APPROVED FOR PAYMENT ___________________, 2004 $ 70,000.00 $ 3,034,267.81
2,996,703.78 $ 2,548,628.13
__________________________________CITY ENGINEER $ 37,564.03 448075.65 $ 2,996,703.78

1.00 1.00
1 1.00

1.00 1.00

1.00 11
111
$ (70,000.00)

OTHER DEDUCTIONS

TOTAL DEDUCTIONS/RETENTION

TOTAL WORK DONE
PREPARED BY:

TOTAL MATERIALS ON HAND

TOTAL VALUE OF WORK DONE & MATERIALS ON HAND

TOTAL DUE TO DATE

TOTAL PREVIOUS PAYMENTS

TOTAL DUE THIS ESTIMATE
CHECKED BY:

RETENTION - 5% OF WORK DONE
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
Transmitted via email
March 6, 2023
Keith C. Metzler, Executive Director
Victor Valley Economic Development Authority
14343 Civic Drive
Victorville, CA 92392
Determination of Oversight Board Action
The Victor Valley Economic Development Authority Successor Agency (Agency) notified the California Department of Finance (Finance) of its January 12, 2023 Oversight Board (OB) Resolution on January 23, 2023. Pursuant to Health and Safety Code (HSC) section 34179 (h), Finance has completed its review of the OB action.

Based on our review and application of the law, OB Resolution No. 2023-15, finding that the Cooperative Agreement (Agreement) was for a legitimate redevelopment purpose and approving repayment for the Agreement from tax increment revenues generated within the City of Adelanto’s Victor Valley Economic Development Authority’s redevelopment project area to the City of Victorville, is not approved.

It is our understanding that the City of Victorville and the City of Adelanto entered into the Agreement pledging estimated funds of $1,610,000 and $1,580,000 respectively to complete a construction project. HSC section 34171 (d) (1) (E) states that the definition of an enforceable obligation includes any legally binding and enforceable agreement or contract. While the Agreement appears to obligate the Adelanto Successor Agency to reimburse the Victorville Successor Agency for project costs, the Agency is not a party to the Agreement. Therefore, the Agreement is not an obligation of the Agency, and any actions related to the Agreement should be considered by those successor agencies who are party to the agreement.

As authorized by HSC section 34179 (h), Finance is returning your OB action to the board for reconsideration.
88 Keith C. Metzler
March 6, 2023

Please direct inquiries to Todd Vermillion, Supervisor, or Dylan Newton, Staff, at (916) 322-2985.

Sincerely,

JENNIFER WHITAKER
Program Budget Manager
cc: Sydnie Harris, Treasurer, Victor Valley Economic Development Authority Linda Santillano, Countywide Oversight Board Representative and Chief Deputy, Property Tax, San Bernardino County Auditor-Controller
89 CITY COUNCIL AGENDA REPORT
DATE: December 4, 2023
TO: Honorable Mayor and City Council Members
FROM: Jessie Flores, City Manager
BY: Dr. Gil Keinan, Economic Development Consultant
SUBJECT: FIRST READING OF ORDINANCE AMENDING ADELANTO MUNICIPAL CODE CHAPTER 5.16 “CARD CLUBS”
STAFF RECOMMENDATION:

Staff recommends that City Council consider and approve the first reading of an Ordinance amending Chapter 5.16 of the Adelanto Municipal Code pertaining to Card Clubs.

BACKGROUND:

On September 22, 1992 the City of Adelanto adopted Section 5.16. into its municipal code to allow the operation of Card Clubs, further amended on September 26, 1995, and May 9, 2007.

A card club is defined as “a business or enterprise licensed … for the playing of games or card games, … and shall include any business activities incidental thereto that are conducted on the premises, such as, but not limited to, food, beverage, retail sales or valet services.” The last card club operating in Adelanto ceased operation before the year 2000.

The updated ordinance includes the following changes:
• Removal of reference to the dates of old ordinances
• Definitions:
o Including business activities operated by unaffiliated third parties (such as Valet parking).
o Includes definition for funding sources to account for casino credit and other promo currency.
o Updates to California Penal Code language and court decision procedures • License Application:
o Requirement to include a background investigation for key contacts in the business with 90 bi-annual renewals
o Inclusion of Bureau of Gambling Control and California Gambling Control Commission in Application review.
o Removal of specification of future location at the time of license application. o Requirement for applicant to have applied for a license with the State. • Building size minimum removed.
• Removal of the ability of a corporation to apply for a license. • Update of proposed fees and reporting to be competitive with other cities. • License issuance/renewal:
o Removal of mention of older licenses
o Setting parameters for new licenses: up to 10 years and must be in operation within a year from the date of issuance.
• Limitation on number of licenses: A maximum of 3 licenses, 93 tables, and a maximum of 31 tables in one club.
• Fines by the city set at $500 for each violation.
• A potential Card Club location must be in a Commercial or Mixed Use zone. • Removal of language regarding card tournaments
• Sale of a license to a future licensee cannot be approved in the first 5 years • Updates to Cheating, Unlawful Acts, Violations, and other procedures to match State penalties and procedures.

The proposed Ordinance has been reviewed by the California Department of Justice, Bureau of Gambling Control, and was found to be compliant with the Gambling Control Act which is the State law that governs Card Clubs.

FISCAL IMPACT:

The economic output of an average card club with hotel and food & beverage adopted to the city of Adelanto is estimated to be a total of $32m, including the creation of 280 jobs, and $765,080 in tax income to the city.

ATTACHMENTS:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, AMENDING CHAPTER 5.16 “CARD CLUBS” OF THE ADELANTO

MUNICIPAL CODE
91 ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ADELANTO, COUNTY OF SAN BERNARDINO, AMENDING CHAPTER 5.16 “CARD
CLUBS” OF THE ADELANTO MUNICIPAL CODE
WHEREAS, the City of Adelanto desires to amend its local laws pertaining to the regulation of Card Clubs within the City, and
WHEREAS, the proposed Ordinance has been reviewed by the California Department of Justice, Bureau of Gambling Control, and was found to be compliant with the Gambling Control Act.

THE CITY COUNCIL OF THE CITY OF ADELANTO DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. TITLE. This Ordinance shall be known as the “Adelanto Card Club Ordinance.’ SECTION 2. AMENDING CHAPTER 5.16 OF THE ADELANTO MUNICIPAL CODE. Chapter

5.16 of the Adelanto Municipal Code entitled “Card Clubs” is amended to read in its entirety as follows:

Chapter 5.16

CARD CLUBS
Sections:

5.16.010Definitions

5.16.020Licenses - Required

5.16.030Licenses - Applications

5.16.040Licenses - Corporations

5.16.050License Fees and Deposits

5.16.060Approval of Pointholder Fee

5.16.070Gross Revenue License Fees

5.16.080Investigations and Reports

5.16.090Granting and Denial of Application

5.16.100Denial of Application

5.16.110Issuance of Licenses
92 5.16.120Expiration of Licenses

5.16.130[Reserved.]

5.16.140Transfer and Assignment of Licenses

5.16.150Suspension and Revocation of Licenses, Fines

5.16.160Rules and Regulations

5.16.170Seat Rental and Other Playing Fees

5.16.180Application for Employment Identification Card

5.16.190Pointholders - Applications for Sale or Transfer of Points

5.16.200Pointholders - Updating of Investigations - Divestments

5.16.210Unlawful Act

5.16.220Exclusion of Persons from Card Clubs

5.16.230Administration of Chapter by City Manager

5.16.240Violations

5.16.010 Definitions.

For the purpose of this Chapter, the words and phrases set forth in this Section shall have the following meanings ascribed to them unless the context clearly requires to the contrary:

A. “Applicant” means any person who has filed an application seeking to be approved by the City as having an ownership interest in a licensed Card Club or a person seeking approval of pointholder status.

B. “Card Club” (also referred to as a “Gaming Club”) means a business or enterprise licensed under the provisions of this Chapter for the playing of games or card games, as defined in Subsections I. and P. of this Section, and may include any of Licensee’s business activities incidental thereto that are conducted on the premises, such as, but not limited to, food, beverage, retail sales or valet services.

Card Club shall exclude business activities operated by unaffiliated third-party entities.

C. “Card Room” means and includes that area or areas within the Card Club in which card games are conducted. Any license issued hereunder shall designate such card room areas.

D. “Commence” means and includes commence, begin, initiate, start, open and establish.

E. “Conduct” means and includes conduct, transact, maintain, prosecute, practice, manage, operate and carry on.

F. “Conviction” or “Convicted” means a plea of guilty, a final verdict of guilty, or a conviction following a plea of nolo contendere.

G. “Employee” means every person who is an agent of a Card Club Licensee or who acts under the direction of an owner or other employee of a Card Club Licensee or of a business conducted on the premises of a Card Club.

H. “Filing and Processing Fees” means the imposition, by the provisions of this Chapter, or a subsequent City Council resolution or ordinance, of fees or deposits to be used for the purpose of 93 reimbursing the City for its costs of administering the provisions of this Chapter.

I. “Funded player” shall mean any proposition player who plays controlled games at a licensed card club with financing provided by a funding source.

J. “Funding source” shall mean the person(s) who provide(s) the financing, including but not limited to loans, credit, currency, negotiable instrument, chips or any other representation or thing of value to a funded player for use in the playing of a controlled game at a Card Club.

K. “Funding source key management” shall mean every person with the actual or ostensible authority to manage, supervise, instruct, direct or control the funding source in the provision of financing, including but not limited to loans, credit, currency, negotiable instruments, chips or any other representation or thing of value to a funded player for use in the playing of a controlled game at a Card Club.

L. “Games” means any game permitted to be played at a Card Club pursuant to the California Penal Code or other provisions of State law as they now exist or as they are amended, or this Chapter.

M.“Gross Revenue of the Card Game Business” means and includes seat rental fees and any and all other table revenues directly derived from Card Games conducted on or within the Card Room, less any direct promotional expenses, and shall not include fees charged to players that are returned to the players as tournament or jackpot bonuses. As used herein, “direct promotions expenses” includes, but are not limited to, gambling chips provided by casinos to customers that have no cash value and cannot be redeemed for cash at any time, and player points that are used to incentivize customers to increase gaming play. Gross revenue of the Card Game Business does not include revenue derived from the sale of food, beverages, sundries or from any other non-gaming activities.

N. “Key management employee” shall mean every person with the actual or ostensible authority (1) to direct gaming operations, or (2) to direct supervisory and general employees of a card club engaged in its gaming operations, and (3) to direct the counting of, or accounting for, revenue generated by the club. The term “key management employee” includes, without limitation, those persons who fill such positions as shall be designated by the city manager as key employees.

O. “License” means License issued pursuant to this Chapter allowing the operation of a Card Club.

P. “Licensee” means the holder of a License.

Q. “License Fees” means business License taxes levied upon each licensee, pursuant to this Chapter.

R. “Owner” means every person, firm, association, partnership, corporation, or other entity having any interest, legal or equitable, in any Card Club or Card Club License.

S. “Person” means and includes a natural person, or any other legal entity.

T. “Playing Cards” or “Card Games” means the playing of a game or card game permitted to be played at a Card Club pursuant to the California Penal Code or other provisions of State law as they now exist or as they are amended, or this Chapter.

1. “Playing Cards” or “Card Games” also means the playing of any additional kind of game or gaming device or machine at a Card Club, whether or not such game or gaming device or machine involves the use of cards which are not prohibited and made unlawful by the California Penal Code or other provisions of State law as they now exist or as they are amended or this Chapter.

U. “Pointholder” means any person having any interest whatsoever, or at all, in the ownership of a Card Club, whether legal, equitable, or of whatsoever kind or character, including, but not limited to, trust beneficiaries, or stockholders of a corporation to whom a License is issued.

V. “Purpose to Commence” or “Purport to Conduct” means and includes any showing, representation, indication or action which:
94 1. By means of sign, advertisement or advertising matter, whether in, upon or about any premises or otherwise; or

2. By the appearance or arrangement of any premises; or

3. By acts or statements of any person, or by the agents, servants, or employees of any person, indicates, suggests, holds out or represents that any person is, would be, or appears to be conducting or in a position to conduct any business referred to in this Chapter within the City.

5.16.020 Licenses - Required.

A. It shall be unlawful for any person to commence or conduct, or purport to commence or conduct, within the City, any business, activity, enterprise, undertaking, or place, where tables or other items or units of furniture are used directly or indirectly for playing cards or card games for which a fee, commission, or compensation is directly or indirectly charged, accepted, or received from players who participate in any such playing of games, unless such person shall first obtained a License to do so under and in compliance with the provisions of this Chapter.

B. No application form for a License for a Card Club shall be received, filed or processed by the City Manager when the total number of current and valid license for Card Clubs in the City equals the total permitted pursuant to Section 5.16.130.

5.16.030 Licenses - Applications.

It is the declared policy of the city council that pointholders, key management employees, funded players, funded sources and funded sources key management apply for and be issued licenses by the City after a personal background investigation is completed, and that such persons be supervised so as to better protect the public health, safety, morals, good order and public welfare. Except as provided hereinbelow with respect to a card club license, no applicant, person or licensee shall acquire a vested right in any license issued, registration issued, finding of suitability, or approval granted by the city council at any stage in the proceedings.

Any person desiring or proposing to commence or conduct any business, activity, enterprise, undertaking, or place named, designated, specified or referred to in this Chapter for the playing of cards or card games shall file with the City Manager a written application for a License to do so as required by the provisions of this Chapter. Concurrently with the filing of the application, each person identified therein shall be fingerprinted by the City Manager or his/her designee, and no application shall be deemed filed until the fingerprinting is completed. Each such application shall contain and clearly and truthfully, under oath or affirmation, set forth and show, in addition to such other information as the City Manager shall require, the following information:

A. The date of the application;
B. The true name of the Applicant, and any other names by which the Applicant is or has been known;
C. The status of the Applicant as being an individual, firm, association, partnership, joint venture or corporation;
D. If the Applicant is an individual, the residence and business address of such Applicant; E. If the Applicant is other than a individual, the true name, residence and business address of 95 each pointholder, partner, principal, joint venturer, shareholder, director, or officer of the Applicant; and any other names by which said pointholders, partners, principals, joint venturers, shareholders, directors, or officers have been or are known; F. A full and complete financial statement of the Applicant, whether it is an individual, corporation, partnership, or other entity and a full and complete financial statement of each pointholder, partner and officer of the Applicant; provided, the financial statements required by this Subsection shall be deemed confidential in character and shall not be open to public inspection but shall be available to those city officials having jurisdiction over the provisions of this Chapter and to the Bureau of Gambling Control and California Gambling Control Commission;
G. The type and nature of the card games proposed to be played, and a statement by the Applicant that said games are not prohibited or made unlawful by the Penal Code or other provisions of State law as they now exist or as they are amended or this Chapter; H. The number of tables or other units to be placed, employed or used; I. A description of any other business conducted or proposed to be conducted at the same location;
J. A statement that the Applicant understands that the application shall be considered by the City Council only after a full investigation and report have been made by the City Manager; K. A statement that the Applicant understands and agrees that any business or activity conducted or operated under any License issued under such application shall be operated in full conformity with all the laws of the state and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, shall render any License therefore subject to disciplinary action, including, but not limited to, fines, suspension or revocation; L. A statement that Applicant, and each pointholder thereof, has applied for, or obtained a Gambling Establishment and Owner license from the California Gambling Control Commission, with proof thereof;
M. A statement that the Applicant has read the provisions of this Chapter and particularly the provisions of this Section and understands the same; and

5.16.050 License Fees and Deposits.

No application for a License shall be accepted or processed unless accompanied by a filing and processing fee of ten thousand dollars ($10,000.00) which shall not be refundable to Applicant. In the event Applicant successfully obtains a License in accordance with the terms and provisions of this Chapter, Applicant may apply and receive credit for said ten thousand dollars ($10,000.00) of said filing and processing fee toward the payment of the gross revenue license fees payable pursuant to the provisions of Section 5.16.070, less administrative costs, environmental costs and all other like costs expended by the City in conjunction with the processing and investigation of the application.

5.16.060 Approval of the Pointholder Fee.

No application for approval of pointholder status shall be accepted or processed unless accompanied by a filing and processing fee of three thousand dollars ($3,000.00) for each pointholder making 96 application for approval. No part of said three thousand dollars ($3,000.00) shall be refundable to Applicant.

5.16.070 Gross Revenue License Fees.

The following fees shall be paid by the applicant to the City as follows:

A. A quarterly license fee of $5,000.00 plus $400.00 for each gaming table in excess of 14, said license fee to be paid in advance for each calendar quarter no later than the fifteenth day of the first month of that quarter.

B. A quarterly permit fee in addition to the fees in subsection (A) of this section, with a minimum of $6,000, said fee to be paid by the fifteenth day of the month following the end of the calendar quarter.

The quarterly permit fee will be one percent of gross revenue not to exceed the amount listed on the quarterly permit fee schedule.

C. Permit Fee Schedule per Quarter Effective December 1, 2022.

QARTERLY GROSS REVENUE
$2,000,000 - $3,000,000 $6,000 + 3.0% of excess over $2,000,000 $3,000,000 - $4,000,000 $36,000 + 3.5% of excess over $3,000,000 $4,000,000 - $5,000,000 $71,000 + 4.0% of excess over $4,000,000 $5,000,000 and over $111,000 + 5.0% of excess over $5,000,000 D. Statement of Revenue. Each Licensee shall file with the City by the fifteenth (15th) day of first month of the succeeding calendar quarter, a statement under oath, showing the true and correct amount of gross revenue derived from the card game business licensed by the Licensees issued to or held by such Licensee for the preceding calendar quarter. Such statement shall be accompanied by the payment of the correct amount of Permit Fee due and owing in accordance with the provisions of Subsections B and C. of this Section, and such sums correctly reflecting the quarterly fees payable for the preceding quarter shall be accepted by the City, subject to the right of the City to audit the matters referred to in the statement and to determine the correctness of the figures as set forth in such statement and the amount payable to City pursuant to the provisions of Subsections B and C of this Section.

In addition to the foregoing, a certification shall be attached to the statement, or included therein, which certification or declaration shall be substantially in the following form:
"I hereby declare under penalty of perjury that the foregoing is true and correct." Licensee, Owner or Officer (strike out the title which is not applicable) E. Audit of Records. The books, records and accounts of any Card Club may be audited by the City. Such an audit shall be performed by a qualified accountant selected by the City Manager 97 and approved by the City Council. Any information obtained pursuant to the provisions of this Section or any statement filed by the Licensees shall be deemed confidential and shall not be subject to public inspection except as required by law or in connection with the enforcement of the provisions of this Chapter, but shall be available to persons charged by law with the administration of the provisions of this Chapter or pursuant to the order of any court of competent jurisdiction.

F. Refusal to Display Records. Any failure or refusal of any such Licensee to make and file any statement as required within the time required, or to pay any sums due by way of License Fees when the same are due and payable in accordance with the provisions of this Chapter, or to permit inspection of such books, records and accounts of such Licensee as are authorized by this Chapter shall be full and sufficient grounds for suspension and revocation of the License of any such Licensee.

5.16.080 Investigations and Reports.

A. Investigations Required. Whenever a completed application has been filed with the City Manager for a License pursuant to the provisions of this Chapter, the City Manager shall make an investigation which may include but are not limited to the following:

1. A full and complete investigation of the Applicant (including pointholders, partners and officers, if any);

2. A full and complete investigation as to the type of tables or units to be used at, or in connection with, the proposed business and the rules for and type of games proposed to be played, which investigation shall also include the proposed locations of the tables or other units in, within, or about the proposed place of business; and

3. A determination and proof that the Applicant, and each pointholder thereof, has applied for or obtained , prior to City Council action on the application, valid license from the California Gambling Control Commission.

B. Reports Required. The City Manager shall make such investigation within thirty (30) days from the date of the submission of a completed application and shall report to the City Council with reference thereto at the end of said thirty (30) day period. The City Manager shall make investigations as to all matters within his/her jurisdiction concerning the public health, welfare and safety as may be concerned with such application.

5.16.090 City Council Consideration of Application.

A. Consideration and Decision by City Council. Upon presentation and recommendation by the City Manager, the City Council shall consider the License application. The City Council may, in its discretion, decide to grant or deny the License. The decision of the City Council shall be final.

B. License Conditions. Any such License granted by the City Council shall be issued subject to all the terms, conditions, and provisions of this Chapter, as well as all applicable laws of the City, State and Federal governments; the City Council may impose additional conditions as may be reasonably necessary to ensure compliance with this Chapter. In the event the City 98 issues a conditional License, the conditional License shall be deemed effective upon the satisfaction of all conditions of approval.

5.16.100 Denial of Application.

The City Council may deny issuance of any License under the provisions of this Chapter in any of the following cases:

A. If the proposed business or activity to be operated is or will be in violation of any Federal, State or City law or regulation;
B. If the games for which a License is applied for are unlawful; C. If the Applicant, and each pointholder thereof, has not first applied for or obtained a license issued by the California Gambling Control Commission;
D. If any Applicant has made any false statement in the application or as to any other information presented as part of the application process; or E. If any Applicant does not have the financial capability or business organization to operate a Card Club in a manner which would adequately protect the patrons of the Card Club and the citizens of the community.

5.16.110 Location of Card Club.

A. A Card Club shall be located in a district designated for cardroom use in accordance with the Adelanto Zoning Code.

5.16.120 Expiration of Licenses; Renewal.

A. Expiration. Licenses may be granted for a maximum duration of ten (10) years.

B. Renewal. Prior to expiration, Licensees may apply for renewal of licenses. Renewal applications shall be processed in the same manner as a new application for a Card Club License.

C. All licenses issued by the City shall expire by operation of law if the Licensee fails to commence operations upon the later of: (i) twelve (12) months from the date of the issuance of the License; or (ii) the date of the adoption of this section. Upon a showing of Licensee’s good faith efforts to commence operations, the City Manager may extend the time for a Licensee to commence operations.

5.16.130 Limitation on Number of Licenses and Tables
A. The number of current Licenses for Card Clubs in the City authorized and outstanding, when added together, shall not at any time exceed a total of three (3).

B. The total number of tables allowed in the City shall be ninety-three (93). Not more than thirty-one (31) of the total number of tables shall be permitted in any single Card Club.

5.16.140 Transfer and Assignment of Licenses.
99 Any transfer or assignment of any License shall be considered for all purposes in the same manner as a new application for a Card Club License in the City and all the provisions of this Chapter applicable to new and original applications shall apply.

5.16.150 Suspension and Revocation of Licenses; Fines.

A. General. All Licenses issued pursuant to the provisions of this Chapter shall be subject to suspension or revocation in the time and manner set forth in this Section.

B. Grounds. Any License issued pursuant to the provisions of this Chapter shall be suspended or revoked if it is found that in the time and manner hereinafter described:

1. The California Gambling Control Commission has suspended or revoked a Licensee’s license; or

2. A Licensee, has violated, or permitted, allowed or caused the violation of any provision of this Chapter, any regulation issued pursuant to this Chapter, or any state law or regulation relating to the operation of a Card Club; or

3. A Licensee has failed to pay, when due and payable, any of the License Fees or other fees provided for in this Title;
or

4. A Licensee, has permitted, allowed or caused any violation of any condition of approval imposed upon the issuance of such License; or

5. A Licensee has made any fraudulent statement as to a material fact on an application form, or as to any other information presented as part of the application process.

C. Fines. In the event of a violation described in Subsection B.2., 3., 4. or 5. of this Section, a fine, not to exceed five hundred dollars ($500.00) for each violation, may be imposed on the licensee in lieu of suspension or revocation.

D. Action of City Manager. Whenever the City Manager has information that a violation, constituting a ground for suspension, revocation or fine has occurred, he/she shall forthwith investigate the same.

If he/she determines that such a violation has occurred, he/she shall forthwith set the matter for consideration by the City Council at its next most convenient meeting. The City Manager shall give notice of the time and the place of the hearing before the City Council to the Licensee not less than five (5) days in advance of the date set for such hearing.

E. Hearing. At the time set for such hearing, the City Council shall hear the evidence presented by the City Manager, or his/her designee, purporting to show that grounds exist for suspension, revocation or a fine; thereafter, the City Council shall permit the Licensee, and any other interested person, to present such evidence as may be relevant to dispute the existence of such facts. The City Council may continue the hearing from time to time, and if the City Council is satisfied that probable cause for revocation exists and that continued operation of the Card Club jeopardizes, or threatens to jeopardize, the public welfare, may suspend the License pending the conclusion of the hearing.

F. Decision of City Council. If based upon the evidence presented, the City Council finds that facts are presented which constitute grounds for suspension or revocation, it shall suspend or revoke the License or, in lieu of revocation or suspension, in the event of a violation described in Subsection B.2., 3., 4. or 5. of this Section, impose a fine, not to exceed ten thousand dollars ($10,000). If it finds that such facts are not present, it shall dismiss the proceedings. The decision of the City 100
Council shall be final and conclusive.

5.16.160 Rules and Regulations.

The following rules and regulations are established and promulgated by the City Council with reference to card clubs, card rooms and Card Games for which Licenses are issued under the provisions of this Chapter. Licensees holding or obtaining Licenses under the provisions of this Chapter, shall, in writing, agree to be bound by and observe each and all of the provisions of this Chapter relating to such Licenses.

RULE NO. 1: No Licensee shall use, operate or permit the use or operation of more tables or units than allowed pursuant to its License.

RULE NO. 2:

A. No Licensee shall permit any person to play in any game licensed by the provisions of this Chapter at any time while such person appears to be, or, in the opinion of the Licensee or its duly authorized agents or employees, is under the influence of intoxicating liquor or drugs and no person who is under, or who appears to be under, the influence of intoxicating liquor or drugs shall play in any such game.

B. No Licensee shall permit any person to enter the premises while such person appears to be, or, in the opinion of the Licensee, or its duly authorized agents or employees, is under the influence of intoxicating liquor or drugs.

RULE NO. 3: Each Licensee shall make available to any patron or potential patron of the Card Club, written players’ house rules in printed form that have been filed with and approved by the City Manager. Except in a duly authorized
tournament, no Licensee shall permit any person playing in any of the games licensed by this Chapter to make any individual bet or wager in excess of the maximum bets set forth for the particular game as specified in the players’ house rules.

RULE NO. 4: No Licensee shall operate or use any table or unit or manage, conduct or carry on any business or activity licensed by this Chapter after the time that such license issued by the City has been or is expired, suspended or revoked pursuant to this Chapter.

RULE NO. 5: Each and all of the games conducted or operated in the Card Club pursuant to the provisions of this Chapter shall be conducted and operated in full conformity with, and subject to, all the provisions of all applicable laws in existence in this State.

RULE NO. 6: No Licensee shall permit or allow any person under the age of twenty-one (21) years to play in any game licensed hereunder, or for any non-employee under the age of twenty-one (21) years to be present at any time in any area of the Card Club in which Card Games are being played.

RULE NO. 7: The only games permitted to be played in a licensed club shall be the Card Games as defined in Section 5.16.010 (Subsections I. and P.).

RULE NO. 8: The playing of all games provided for in this Chapter shall be confined to all areas designated as “Card Rooms” which shall be located on the first or ground floor of a licensed Card Club, and no playing of any game provided for or permitted by this Chapter shall be permitted at any other location of such premises.

RULE NO. 9: A Card Club shall be open for inspection during all hours to the City Manager, or his/her duly authorized representative, without a search warrant. The Card Club may be open twenty-four
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(24) hours a day and seven (7) days per week
RULE NO. 10: A Card Club may be licensed to operate not more than thirty-one (31) tables.

RULE NO. 11: A Card Club must be located in a commercial or mixed use zone.

RULE NO. 12: If a Licensee employs dealers for the convenience of the players so that no player deals, while so dealing, the dealer shall:

A. Other than dealing the cards and making collections as set forth in this Section, not participate in anyway in the game, not bet, and not take any percentage of the winnings; B. Collect the established seat rental fee or other playing fee provided for in Section 5.16.170 and segregate and secure said amounts for collection purposes; and C. Comply with regulations promulgated by the City Manager concerning identification standards.

RULE NO. 13: The giving of credit or lending of anything of value to a patron and the cashing of checks of patrons shall be permitted only if the Licensee's written check cashing and credit policies are submitted to and approved by the City Manager. No credit of any kind shall be extended to city employees or officers.

RULE NO. 14: Licensees holding valuables for safekeeping may do so only under the following conditions:

A. Only cash may be held; no other valuables, including coins or paper money worth more than face value, may be held.

B. No person may deposit money for safekeeping without the written approval of a managing employee of the Licensee. Money may be deposited or withdrawn only by the person named on the account. Accurate records of all deposits and withdrawals shall be kept for a period of not less than two (2) years. No person shall hold more than one (1) such account at any one (1) Card Club.

C. The actual deposits held and the records of all transactions shall be available for inspection by the City Manager upon demand.

RULE NO. 15: The Licensee shall provide reasonable security in order to safeguard the property and well-being of those who patronize the Card Club as well as all employees. The Licensee shall prepare a security plan and submit it to the City Manager for approval by the City Manager and Chief of Police.

RULE NO. 16: There shall be no wagering limits at any Card Club in Adelanto. The wagering limit may be determined exclusively by the Card Club.

5.16.170 Seat Rental and Other Playing Fees.

The Licensee shall determine, set and post, within the Card Club in a public place, seat rental and other playing fees charged to persons playing in games authorized by this Chapter.

5.16.180 Application for Employment Identification Card.

A. It is unlawful for any licensed Card Club in the City to employ any person who does not have a valid, unsuspended and unrevoked employment identification card, bearing the employee’s photograph.

B. Any person wishing to obtain an employment identification card shall file an application with the 102
City Manager. The application shall be complete in all respects and shall include photographing and fingerprinting. A processing fee in an amount set by the City Council shall be paid to the city for such fingerprinting and photographing, issuance of the identification card and for a background investigation to be conducted by the City Manager or his/her designee.

C. Each application for an employment identification card by any person wishing to obtain employment in the Card Club shall contain, in addition to such other information as the City Manager shall require, the following current information under penalty of perjury:

1. The true name and any other name by which the proposed employee has been known and all residence addresses during the past five (5) years;

2. Current occupation or employment;

3. Employment during the past five (5) years;

4. Physical characteristics, including, age, date of birth, height, weight, and color of hair and eyes;

5. Driver’s license and Social Security numbers;

6. A history of all arrests and convictions for any felony or misdemeanor offense, other than traffic violations, and of violations of any municipal codes or ordinances within the past ten (10) years; and

7. A current full face photo.

D. The City Manager shall process the application and may approve, conditionally approve, or deny such application. The City Manager may deny an application for an identification card in the following cases:

1. If the Applicant has been convicted of any crime punishable as a felony;

2. If the Applicant has been convicted of an offense involving dishonesty;

3. If the Applicant has engaged in bookmaking, loan sharking, or other illegal gambling activities or has been convicted of an offense involving such activities;

4. If the Applicant is not a person of good character, integrity and honesty;

5. If the Applicant has made any false statement in the application or as to any other information presented as part of the application process; or

6. If the approval of the Applicant would be inimical to the interests of legitimate gaming.

If an application is denied, the Licensee may appeal such denial on behalf of the Applicant by written notice to the City Manager who shall cause a hearing to be held within thirty (30) days after such notice. The City Manager or his/her designee may approve, conditionally approve, or deny such appeal. The hearing officer’s decision shall be final and conclusive. The cost of such hearing shall be borne by the Licensee.

E. An employment identification card may be suspended or revoked under the following circumstances:

1. The commission of any act which would have been grounds for the denial of an identification card pursuant to Subsection D. of this Section; or

2. The violation of any condition imposed in issuing such identification card. The identification card may be immediately suspended by the City Manager if the offense if such to cause an immediate threat to the public welfare. Such immediate suspension shall remain in effect for seven (7) days or until a final decision is rendered by a hearing officer appointed by the City Manager, whichever occurs first.

The hearing officer may suspend or revoke an identification card after a hearing following five (5) days notice to the employee. The employee shall be permitted to submit any relevant evidence to the hearing officer. The decision of the hearing officer shall be final, and all costs shall be borne by the 103
employee.

F. Unless specifically exempted by the City Manager in writing, each employee, at all times while acting within the scope of his employment on the Card Club premises, shall wear in a prominently visible place upon his person said identification card.

G.The information received by the City pursuant to the provisions of this Section shall be treated as confidential and shall be accessible only to those City officials having jurisdiction over the provisions of this Chapter, and to management personnel of the Licensee.

5.16.190 Pointholders - Applications for Sale or Transfer of Points.

A. It is unlawful for any Licensee or any person having any interest whatsoever or at all in the ownership of a Card Club, whether legal or equitable, or as trustor or trustee, or of whatsoever kind or character, to sell or transfer such points and/or
interest without the prior written consent and permission of the City Council.

B. Sales and transfers can not be approved any earlier than five (5) years from the date the License is issued.

C. Any person desiring to sell, transfer, assign, or otherwise hypothecate any point or interest in a Card Club duly licensed pursuant to the provisions of this Chapter shall file with the City Manager a written application for permission to transfer such interest, as is hereinafter described. Each such application shall contain and clearly and truthfully set forth, under oath and/or affirmation, and show, in addition to such other information as the City Manager and/or the City Council may require, the following information:

1. The date of the application;

2. The true name of the Applicant and proposed purchaser or transferee, and any other name by which the proposed purchaser or transferee has been known;

3. The status of the proposed purchaser or transferee as being an individual, corporation, association, partnership, joint venture, trustor or trustee;

4. The residence and business address for the last five (5) years of the proposed purchaser or transferee, if an individual;

5. If the transferee is other than an individual, the true name, residence and business address for the last five (5) years of each of the proposed purchaser or transferee pointholders, partners and officers;

6. A full and complete financial statement of the proposed purchaser or transferee, whether it is an individual, corporation, partnership or other entity, and a full and complete financial statement of each proposed purchaser or transferee pointholder, partner or officer; provided, the financial statements required by this Subsection shall be deemed confidential in character and shall not be open to public inspection, but shall be available to those city officials having jurisdiction over the provisions of this Chapter;

7. The name of the licensed Card Club for which a transfer of interest or point is sought;

8. The number of points and/or the nature of interest sought to be sold, transferred, assigned or otherwise hypothecated; and

9. A statement that the proposed purchaser has applied for or has been granted a license issued by the California Gambling Control Commission.
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10.A statement that the application will be considered by the City Council only after a full investigation and report has been made by the City Manager and the report of investigation forwarded to the City Council.

D. Investigation Required. Whenever an application pursuant to the provisions of this Section has been filed with the. City for a sale or transfer pursuant to the provisions of this Section, the City Manager shall promptly and diligently make an investigation and shall report to the City Council with reference thereto within thirty (30) days from the filing of the application, as follows:

1. A full and complete investigation of the proposed purchaser or transferee (including the proposed pointholders, partners or officers), including a determination that the proposed purchaser has applied for or obtained a valid Gambling Establishment and Owner license issued by the California Gambling Control Commission;

2. Concurrently with the filing of the application, each person named in the application as a proposed purchaser or transferee, or pointholder, partner or officer thereof, shall be fingerprinted by the City Manager or his designees, and no application shall be deemed filed until the fingerprinting is completed.

E. License Fees. Each such sale or transfer application shall be accompanied by a processing fee in the amount as established by Section 5.16.060, to cover the cost of the investigation. The fee shall be the property of and be retained by the City, whether the application for sale or transfer is granted or denied.

F. Granting or Denial of Application.

1. Whenever an application for such a sale or transfer is presented to the City Council, the City Council shall consider such application on the same basis as is applicable to a new License application.

2. The City Council shall not approve an application if the proposed purchaser or transferee has not first obtained a valid Gambling Establishment and Owner license issued by the California Gambling Control Commission. Otherwise, the City Council may, in its sole discretion, either approve, conditionally approve, or deny the application with or without specification of grounds. The decision of the City Council shall be final and conclusive.

3. The Applicant shall agree as part of this application that the sole and exclusive discretion as to the granting or denial of any such application shall be vested in the City Council.

5.16.200 Pointholders - Updating of Investigations - Divestments.

A. All owners and pointholders in any Card Club shall have their background investigations updated every two (2) years. Such updating shall consist of a check by teletype to Criminal Investigation and Identification in Sacramento, California, and the filing by each Licensee, owner or pointholder, and partner or officer thereof, of updated financial statements.

B. Any person having any interest whatsoever or at all in the ownership of a Card Club, whether legal or equitable, or a trustor or trustee, or of whatsoever kind or character, who has not previously submitted to the procedure required under Section 5.16.190.B. through E., shall file, as a prerequisite to the continued holding of an ownership interest, the application to be investigated, shall pay the fee, and shall be reviewed by the City Manager and City Council as provided in that section for persons applying for new ownership interest. If the City Council denies any application, 105
within one hundred twenty (120) days after the receipt of a notice of such denial, said person shall divest himself/herself of such ownership interest. The City Attorney may invoke appropriate civil remedies to enforce compliance.

C. 1. The approval of an owner or pointholder may be revoked by the City Council after a hearing held not less than thirty (30) days after notice has been given to the pointholder if the City Council finds that:
a. The Attorney General of the State has suspended or revoked the owner’s or pointholder’s registration under the Gaming Registration Act of the State, or after issuing a conditional registration, fails or refuses to issue, a valid registration; or b. An owner or pointholder has violated, or permitted, allowed, or caused the violation of, any provision of this Chapter, any regulation issued pursuant to this Chapter, any condition of approval imposed upon the issuance of the Card Club License, or any State law or regulation relating to the operation of a Card Club; or
c. An owner or pointholder has made any fraudulent statement as to a material fact on an application form or as to any other information presented as part of the application process; or d. An owner or pointholder is convicted of any crime involving illegal gambling or gaming activities or moral turpitude, or is convicted of a crime punishable as a felony.

2. The City Council, in making its decision, shall consider any mitigating factor presented by the owner or pointholder. The decision of the City Council shall be final.

3. The ownership interest shall be divested within one hundred twenty (120) days after the notice of revocation. The City Manager may extend the time to divest the ownership interest upon a showing of good faith. City Attorney may invoke appropriate civil remedies to enforce compliance.

4. No person required to divest an ownership interest in a Card Club following a revocation of approval shall transfer such ownership interest to his/her spouse, child, sibling, or parent or to his/her spouse's child, sibling or parent without the approval of the City Council.

5.16.210 Unlawful Act.

A. Unlawful Locations. It is unlawful for any person to play, or permit the playing, of any game regulated or referred to by the provisions of this Chapter at any place within the City, except upon a parcel of real property located entirely within the City limits that is designated for cardroom use in accordance with the Adelanto Zoning Code, and operated under a permit and licensed under licenses held or issued pursuant to the provisions of this Chapter.

B. Unlawful Games. It is unlawful for any person to play in, or permit the playing of, any game at any place licensed pursuant to this Chapter which game is not permitted by the provisions of this Chapter as amended, or in any game played in violation of this Chapter.

C. City Employees and Officers. It is unlawful to provide credit of any kind, or to provide gratuities, goods or services in, upon or about the card club to City employees or officers at reduced or no cost.

D. Operation of Card Clubs. It is unlawful for any operator of a Card Club permitted under this Chapter or for any owner, principal, employee or agent of a Card Club permitted under this Chapter:

1. To knowingly permit any unlawful activity to take place upon the premises of the Card Club or to fail to take reasonable steps to prevent such activities from taking place, including, but not 106
limited to, illegal gambling activities and cheating. The Licensee shall have the power to formulate reasonable policies and procedures to control such activities, and these policies and procedures may be published in the players’ house rules.

2. To permit any employee on duty to play in any of the games authorized by this Chapter other than pursuant to policies of the Licensee that are disclosed in the players’ house rules.

E. Cheating. It is unlawful for any person to attempt to gain any unfair advantage for any player in a licensed card game through a fraudulent technique or mechanical or electrical device.

Prohibited cheating techniques include, but are not limited to: dealing, drawing, distributing or burning any playing cards other than the top card of a deck; prearranging or shuffling any playing cards in a manner other than in a random manner; altering in any way the shape, appearance, texture or number of cards to play; switching any card; or using any apparatus or method to gain information not available to other players.

5.16.220 Exclusion of Persons from Card Clubs.

A Licensee may exclude or eject from the premises any person who has been engaged in or been convicted of bookmaking, loan sharking, the sale of controlled substances, illegal gambling activities, cheating, prostitution or whose presence in or about such Card Club would be inimical to the interest of legitimate gaming. No person shall be excluded or ejected solely on the basis of a protected classification.

5.16.230 Administration of Chapter by City Manager.

The City Manager shall formulate in writing all necessary rules and regulations to implement and administer the provisions of this Chapter, and shall do all things necessary and proper to carry out the spirit and intent of this Chapter, including, but not limited to:

A. Preserving and keeping all documents identified in this Chapter as confidential documents so that the contents thereof shall not become known except to persons required by law to administer or enforce this Chapter;
B. Promulgating and/or requiring prior approval of accounting procedures to be utilized by Licensees to ensure accurate reporting of Card Club revenues; and
C. Delegating the duties and powers vested in the City Manager by this Chapter to appropriate City employees or officers.

5.16.240 Violations.

It shall be unlawful for any person to violate any of the provisions of this Chapter. In the event of any violation, the City Manager shall promptly notify the licensee in writing of all of the facts upon which the violation is based, detailing with specificity the nature and extent of the facts that relate to the alleged violation, and the licensee shall have a reasonable time, as set forth in such notice, to cure such violation. The City Manager may, upon a showing of good cause, extend the time within which the violation shall be cured. All remedies and penalties prescribed by this Chapter or which are available under any other provision of the Municipal Code and any other provision of law or equity are cumulative.
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SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 4. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after passage in accordance with law, and shall cause this Ordinance and its certification, together with proof of publication, to be entered into the Book of Ordinances of the City of Adelanto.

PASSED, APPROVED AND ADOPTED THIS _____th DAY ________, 2023. ____________________________________
Gabriel Reyes, Mayor of the City of Adelanto
____________________________________
Brenda Lopez, City Clerk
APPROVED AS TO FORM:
__________________________________________
Todd Litfin, City Attorney
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I, Brenda Lopez, City Clerk of the City of Adelanto, California, do hereby certify that the foregoing Ordinance No. ____ was duly introduced for the first reading on the ___th day of ______, 2023 and regularly adopted at a regular meeting of the City Council of the City of Adelanto on this __________
th day of _________, 2023, by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I hereunto set my hand and affix the official seal of the City of Adelanto on this ___th day of ___________, 2023.
___________________________________
Brenda Lopez, City Clerk
SEAL
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