SECOND READING AND ADOPTION
C:\Program Files\eSCRIBE\TEMP\1503810813\1503810813,,,2nd Reading Ordinance.docx ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA READOPTING
THE CHULA VISTA GAMING PLAN AS AN APPENDIX TO
CHULA VISTA MUNICIPAL CODE CHAPTER 5.20
GAMBLING
WHEREAS, since 1995, the City has regulated card clubs via ordinances codified in the Chula Vista Municipal Code and via its Gaming Plan, adopted and amended by Resolution; and
WHEREAS, the California Gaming Control Commission has asked the City to incorporate its Gaming Plan into its ordinances; and
WHEREAS, the adoption of this ordinance is not a “project” that might impact the physical environment subject to environmental review under the California Environmental Quality Act under State CEQA sections 15061(b)(3) [the “common sense” exemption], Guidelines section 15060(c) and is categorica lly exempt from such review under State CEQA Guidelines section 15321 [“enforcement actions by regulatory agencies”].
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chula Vista Municipal Code Chapter 5.20.001 is hereby amended to read as follows:
5.20.001 Gaming plan adopted by ordinance
In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula Vista specifically by this chapter, the City Council is hereby authorized to adopt by ordinance after public hearing, and from time to time amend by ordinance after public hearing, a gaming plan (“Chula Vista gaming plan,” or alternatively “gaming plan”), which gaming plan shall contain such provisions and regulations as the City Council shall deem appropriate, including but not limited to the following:
A. Types of gaming allowed;
B. Hours and days of operations;
C. Location of gaming;
D. Auditing of gaming establishments;
E. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount the Council deems appropriate;
F. Maximum number of players per table;
Ordinance
G. Bets and wagers permitted;
H. Charges for gaming;
I. Licensing, including number of licensees and consolidation;
J. Drinking of intoxicating beverages;
K. Maximum number of tables on premises;
L. Every aspect of operation of gaming establishments.
However, the Chula Vista gaming plan shall not allow any form or type of gaming within the City which is not allowed by law.
Notwithstanding the foregoing, no gaming plan may be approved by the Council without receipt and consideration by the Council, at a public hearing, of the comments and recommendations of the Chief of Police and the City Manager; and no permit or license thereunder may be issued without the concurrence of both the Chief of Police and the City Council. The gaming plan shall have, at a minimum, a provision that requires permits to be issued to specific operators and makes it mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council jointly.
Section II. Chula Vista Municipal Code Chapter 5.20.035 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 their sole discretion, grant additional licenses to a Person having an interest in or holding a license to any cardroom in the City, but then only in accordance with the procedures set forth in this chapter or the Chula Vista gaming plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or 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 pr esently married to an existing licensee, is 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 has a license or owns sh ares in a corporation that owns a license, or has some other relation to a licensed cardroom as specified in the Chula Vista gaming plan.
Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a cardroom licensee or a Per son 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 III. Chula Vista Municipal Code Chapter 5.20.130 is hereby amended to read as follows:
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5.20.160 Maximum number of tables on premises and in the City.
Unless otherwise allowed by the Chula Vista gaming plan, no more than eight tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, 20 tables shall be permitted.
Under 5.20.030, if four licenses were issued, the maximum number of tables allowed in the Chula Vista would be 40 tables.
Section IV. Repeal
Section 5.20.002 of the Chula Vista Municipal Code, entitled “All California gaming allowed subject to gaming plan” is hereby repealed.
Section 5.20.006 of the Chula Vista Municipal Code, entitled “Characterization of gaming plan” is hereby repealed.
Section V. Readoption of the Chula Vista Gaming Plan
The Chula Vista Gaming Plan, as adopted and amended to date by resolution of the City Council of the City of Chula Vista is hereby readopted by this ordinance as an appendix to Chapter
5.20 of the Chula Vista Municipal Code and shall hereafter be amended by ordinance as permitted by state law and the City Charter.
Section VI. 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 VII. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicabl e state and federal law and this Ordinance shall be construed in light of that intent. To the extent the provisions of the Chula Vista Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as it is existed ea rlier or as the provisions of the Chula Vista Gaming Pan existed earlier, those provisions shall be construed as continuations of those earlier provisions, as not as new enactments.
Section VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. Publication
Ordinance
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
Tiffany Allen Marco A. Verdugo
City Manager City Attorney