ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF COMMERCE, CALIFORNIA, AMENDING SECTION 5.48.060, OF CHAPTER 5.48, OF TITLE 5 OF THE COMMERCE MUNICIPAL CODE, RELATING TO CARD CLUB GAMING TABLES WHEREAS, the City of Commerce (the “City”) is a general law city, incorporated under the laws of the State of California; and WHEREAS, California Business and Professions Code Section 19961 provides that any amendment to any ordinance that would result in an expansion of gambling in a city shall not be valid unless the amendment is submitted for approval to the voters of the city and is approved by a majority of the electors voting thereon; WHEREAS, California Business and Professions Code Section 19961 provides that an increase of 25 percent or more in the number of gambling tables in a city shall be considered an expansion of gambling requiring the approval of the voters of the city; WHEREAS, the City’s current Card Club Ordinance provides that the no more than three hundred seventy-four licensed tables or units shall be allowed to operate in any card club establishment; WHEREAS, the City’s current Card Club Ordinance provides that the no more than three hundred seventy-four licensed tables or units shall be allowed to operate within the City; WHEREAS, the City Council wishes to amend the City’s Card Club Ordinance to expand the number of licensed tables or units from three hundred seventy-four to two thousand five hundred that are allowed to operate within any card club establishment and within the City; NOW, THEREFORE, THE PEOPLE OF THE CITY OF COMMERCE DO ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Commerce hereby finds and declares the recitals set forth hereinabove are incorporated herein and by this reference are made part of the findings.
SECTION 2. The City Council hereby amends Section 5.48.060 of Chapter 5.48 of Title 5 of the Commerce Municipal Code to read as follows:
5.48.060 – License – Application – Content
Applicant may not be licensed by city without first obtaining a gambling license from the California Gambling Control Commission. Subject to the provisions of Section 5.48.040, and subject to the provisions of this chapter, an application shall be filed by 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. 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 administrator may require, the following information:
(1) The date of the application;
(2) The true name of the applicant;
(3) The status of the applicant as being an individual, firm, association, co-partnership, joint venture, or corporation; (4) If the applicant is an individual, the residence and business address of such applicant; (5) If the applicant is other than an individual, the name, residence, and business address of each of the co-partners or members of the firm, co-partnership, trustor, trustee or joint venture and the name, residence, and business addresses of each of the principal officers and directors of the association or corporation applicant; (6) The proposed location of the business for which the license is sought; (7) That the type and nature of the game proposed to be played shall be draw poker, panguingue or other gambling games approved by ordinance or resolution of the city council, and that no other game or games are proposed; (8) The number of tables or other units to be placed, employed, or used; (9) A description of any other business conducted or proposed to be conducted at the same location; (10) A description of the building proposed for such usage; (11) A statement that such building will conform to all the laws of the state and the city for occupancies of the nature proposed; (12) A statement that the applicant understands that the application shall be considered by the council only after a full investigation and report have been made by the city law enforcement agency having governmental jurisdiction and the building official or their authorized representatives; (13) 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 immediate suspension and revocation; (14) A statement that the applicant has read the provisions of this chapter and particularly the provisions of this section and understands the same; and (15) A full and complete financial statement of the applicant, whether he is an individual, corporation, partnership, or other entity, and a full and complete financial statement of each person to be a partner of the applicant, regardless of whether the partner is to be a limited partner or general partner, and a full and complete financial statement of each officer and/or director of the corporation or other entity; provided, however, the financial statement required by this subsection shall be a confidential qualified document and shall not be open to public inspection but shall be available only to those city officials having direct jurisdiction over the provisions of this chapter and to any court of competent jurisdiction where any matter relating thereto may be actually pending. All information as required by this subsection shall be recorded on a standardized form "statement of financial interests" and filed with the city clerk. (16) The city council shall not consider any application for any license contemplating less than a minimum of thirty-five licensed tables or units. (17) No more than three hundred seventy-four two thousand five hundred licensed tables or units shall be allowed to operate in any card club establishment. (18) No more than three hundred seventy-four two thousand five hundred licensed tables or units shall be allowed to operate within the city. (19) Licensee shall post the minimum and maximum wager, if any, permitted at each gaming table in a conspicuous place on or near each gaming table.
SECTION 3. This Ordinance shall be submitted to the electorate of the City of Commerce for approval at the March 7, 2023 Special Municipal Election.
SECTION 4: Severability. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this title; it being hereby expressly declared that this title, and each section, subsection, sentence, clause, and phrase hereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of the fact that any single section subsection, sentence, clause, or phrases be declared invalid or unconstitutional.
SECTION 5. This Ordinance requires the majority vote of the electorate voting in its favor in order to become a valid and binding ordinance in the City of Commerce. This Ordinance shall be considered adopted upon the date that the vote is declared by the legislative body and shall thereafter become effective pursuant to and consistent with the Government Code and Election Code.
ENACTED BY THE PEOPLE OF THE CITY OF COMMERCE, STATE OF CALIFORNIA AT THE MARCH 7, 2023 SPECIAL MUNICIPAL ELECTION. ______________________________
Oralia Y. Rebollo
Mayor
ATTEST:
___________________________
Lena Shumway
City Clerk