SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\1785881532\1785881532,,,Ordinance FINAL.docx ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 5.20. 035 TO
AUTHORIZE A LICENSEE TO HOLD MORE THAN TWO
CITY LICENSES, SUBJECT TO THE MAXIMUM NUMBER OF
CITY LICENSES ALLOWED BY LAW
WHEREAS, cardrooms in the City are subject to the requirements set forth in Chapter 5.20 of the Chula Vista Municipal Code;
WHEREAS, section 5.20.030 of the Chula Vista Municipal Code establishes the maximum number of cardroom licenses that can be issued in the City, which is determined on the basis of population;
WHEREAS, section 5.20.035 of the Chula Vista Municipal Code currently provides that a cardroom licensee can hold no more than two licenses, unless otherwise permitted under the Chula Vista Gaming Plan;
WHEREAS, the City desires to amend section 5.20.035 to allow licensees to hold additional licenses, so long as the total number of licenses issued in the City, including consolidated licenses counted as two separate licenses, does not exceed the maximum number permitted by section 5.20.030.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. That Section 5.20.035 of Chapter 5 of the Chula Vista Municipal Code, is hereby amended to read as follows:
5.20.035. Consolidation -- Permitted
Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City Council may, in its sole discretion, grant additional licenses to a Person having an interest in, or holding a license to operate, any cardroom in the City, but then only in accordance with the procedures set forth in this chapter and the Chula Vista gaming plan and only if the total number of licenses issued, including consolidated licenses counted as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. If such application for an additional single license is granted, the maximum number of tables permitted in the consolidation of two licenses is 12, unless otherwise provided by the Chula Vista gaming plan.
Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an interest in, or hold, an existing license if said Person is a designated licensee, is presently married to an existing licensee, the parent or child of an existing licensee, owns shares in a corporation that owns a license, or has a partnership interest in a license, owns a partnership interest in a partnership that owns a license or owns shares in a corporation that owns a license, or has some other relation to a licensed cardroom as specified in the Chula Vista gaming plan.
Ordinance
Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to operate an additional cardroom or acquires a financial interest in an additional cardroom.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Ch ula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by Approved as to form by
Eric Crockett, Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney