RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Opposing The Two Statewide Ballot Measures That Would Expand Gaming In California WHEREAS, the City Council of the City of Emeryville (“City Council”), has thoroughly reviewed the two following statewide sports wagering ballot measures that seek to expand gaming in California and that will appear on the November 8, 2022, California statewide ballot: (a) Proposition 26, The California Sports Wagering Regulation and Unlawful Enforcement Act and (b) Proposition 27, The California Solutions to Homelessness and Mental Health Act; and
WHEREAS, the City Council finds that the two ballot measures are harmful to the interests of the people of the City of Emeryville and to the people of the State of California because they would (a) permit gaming entities to offer new gaming games and to regulate themselves, (b) fail to adequately protect minors from the new gaming games, (c) exclude the State of California from regulating the new gaming games to meaningfully protect the public and (d) fail to require independent audits of all revenues from the new gaming games; and
WHEREAS, the City Council also finds that that the ballot measures are harmful to the interests of the City of Emeryville that authorizes local gaming, because the ballot measures will not permit cardrooms, regulated by cities, to offer new gaming games and will lead to decreased general fund revenues to the City of Emeryville that the City uses to provide services to its residents; now, therefore, be it RESOLVED, by the City Council of the City of Emeryville that the City Council opposes the California Sports Wagering Regulation and Unlawful Enforcement Act (Proposition 26) that will appear on the November 8, 2022, statewide ballot; as it would grant monopoly control of gaming in the state to existing gaming tribes, would grant gaming tribes and racing tracks the exclusive right to conduct Sports Wagering in the state, would expand tribal gaming by granting gaming tribes the exclusive right to conduct games played with dice and roulette in the state, would exempt gaming tribes from paying taxes to the state or local governments, would require racing tracks to pay only a ten percent (10%) tax on their sports wagering revenues, would not prohibit minors from gambling at Indian Casinos, would not require regulation of such gaming by the state, and would not provide for any accountability and, be it, further
RESOLVED, by the City Council of the City of Emeryville that the City Council also opposes Proposition 26 because it would expand the Private Attorney General Act (PAGA) that permits gaming tribes to bring frivolous lawsuits against card rooms to enforce existing laws that already are enforced by the Attorney General, District Attorneys, Bureau of Gambling Control and California Gambling Control Commission, and would permit huge fines on card rooms, causing them to have to defend themselves at great expense and potentially be forced out of business, depriving the City of Emeryville of tax revenues received from the card rooms that is used to provide municipal services to their residents including police and fire protection and social services for youth and senior citizens and, be it, further
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE Resolution No. _____
Opposition to Statewide Ballot Propositions 26 & 27
City Council Meeting | October 4, 2022
RESOLVED, by the City Council of the City of Emeryville that the City Council opposes the California Solutions to Homelessness and Mental Health Act (Proposition 27) that will appear on the November 8, 2022, statewide ballot which would grant the exclusive right to conduct Online Sports Betting in the state to gaming tribes and their designated operators and would permit Online Sports Betting operators to control all Online Sports Betting transactions in the state in place of the State of California, and be it, further RESOLVED, by the City Council of the City of Emeryville that the stated obligation in Proposition 27 on Online Sports Betting Operators to pay a 15% tax surcharge to the State of California to fund programs for Homelessness and Mental Health is an empty promise, because it allows these operators to reduce the amount of their tax surcharge by the amounts of their license fees and other expenses and would not require gaming tribes to pay taxes to the state or to local governments, and be it, further RESOLVED, by the City Council of the City of Emeryville that the City Council opposes both measures based on the foregoing reasons.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 4, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE