RESOLUTION
NO.
R2020-
088
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
NAPA,
STATE
OF
CALIFORNIA,
APPROVING
A
USE
PERMIT
TO
OPERATE
A
NINE-
TABLE
CARD
ROOM
AT
505
LINCOLN
AVENUE
AND
DETERMINING
THAT
THE
ACTIONS
AUTHORIZED
BY
THIS
RESOLUTION
ARE
EXEMPT
FROM
CEQA
WHEREAS,
on
December
28,
2018,
Polvora
Inc. ("
Applicant"),
submitted
an
application (
PL18-
0135)
for
a
use
permit
pursuant
to
Napa
Municipal
Code ("
NMC")
Chapter
17. 60 ("
Use
Permit")
to
operate
a
card
room
with
13 tables
at
the
property
identified
as
505
Lincoln
Avenue ("
Site") (
APN:
044-
220-
008) (
collectively,
the "
Project");
and
WHEREAS,
as
part
of
the
Project,
the
Applicant
requests
amendments
to
Napa
Municipal
Code (
NMC)
Chapter
5. 16 (
Card
Rooms)
to
increase
the
maximum
number
of
card
tables
from
5 to
9,
to
increase
the
allowable
number
of
patrons
for
each
table
from
10 to
15,
and
remove
the
restriction
prohibiting
the
consumption
of
alcohol
in
a
card
room.
In
addition,
the
Applicant
requested
approval
of
zoning
text
amendments
to
NMC
Chapters
17. 10 (
Commercial
District
Regulations)
and
17. 52 (
Site
and
Use
Regulations)
to
add "
card
rooms"
as
a
conditionally
allowable
use
within
the
Community
Commercial
Zoning
District;
and
WHEREAS,
in
accordance
with
California
Business
and
Professions
Code
Section
19961.
1,
City
Staff
submitted
the
Applicant'
s
proposed
amendments
to
NMC
Chapters
5. 16,
17. 10
and
17. 52 ("
Card
Room
Ordinance
Amendments")
to
the
California
Department
of
Justice,
Bureau
of
Gambling
Control (
the "
Bureau")
for
review
and
comment,
and
the
Bureau
indicated
in
a
letter
dated
June
4,
2020,
that
the
proposed
amendments
appear
permissible;
and
WHEREAS,
on
September
19,
2019,
the
Planning
Commission
held
a
noticed
public
hearing
on
the
revised
application
in
accordance
with
NMC
Section
17. 66.
090
and
recommended
approval
of
the
proposed
Card
Room
Ordinance
Amendments
and
Use
Permit
to
the
City
Council;
and
WHEREAS,
the
City
Council
has
considered
all
information
related
to
the
Use
Permit
Application,
as
presented
at
the
public
meetings
of
the
City
Council
identified
herein,
including
any
supporting
reports
by
City
Staff,
and
any
information
provided
during
public
meetings.
NOW,
THEREFORE,
BE
IT
RESOLVED
by
the
City
Council
of
the
City
of
Napa
as
follows:
Section
1. The
City
Council
hereby
finds
that
the
facts
set
forth
in
the
recitals
to
this
Resolution
are
true
and
correct
and
establish
the
factual
basis
for
the
City
Council'
s
adoption
of
this
Resolution.
R2020-
088
Page
1 of
9 June
16,
2020
Page
1 of
12 ATTACHMENT 2
Section
2. The
City
Council
hereby
determines
that
the
Project
is
exempt
from
the
requirements
of
the
California
Environmental
Quality
Act (
CEQA)
pursuant
to
Section
15301
of
the
CEQA
Guidelines (
Categorical
Exemptions;
Class
1),
which
exempts
operations
of
existing
structures
involving
no
or
negligible
expansion
of
existing
or
former
use;
and
in
accordance
with
Section
15303
of
the
CEQA
Guidelines
which
exempts
the
conversion
of
existing
small
structures
from
one
use
to
another
where
only
minor
modifications
are
made
to
the
exterior
of
the
structure.
The
proposed
use
would
operate
within
an
existing
facility
which
formerly
housed
a
similar
use (
restaurant)
that
exhibited
a
similar
level
of
intensity
and
function.
No
expansion
of
the
building
footprint
is
proposed.
In
addition,
the
zoning
text
amendments
requested
by
the
Applicant
would
merely
add
a
card
room
as
a
conditionally
allowed
use
within
the
Community
Commercial
District
and
increase
the
number
of
permitted
tables
from
5 to
6. Under
the
Project,
the
number
of
card
rooms
allowed
within
the
City
would
continue
to
be
limited
to
one
and
no
additional
card
room
permits
would
be
issued
beyond
the
existing
permit
that
would
be
transferred
to
the
Applicant.
The
exceptions
to
categorical
exemptions
identified
in
Section
15300.
2 of
the
CEQA
Guidelines
are
inapplicable
because
the
Site
is
in
an
urbanized
area
with
no
environmentally
sensitive
habitats
or
species
of
concern
on
the
Site,
there
has
been
no
successive
effort
to
intensify
land
uses
in
the
area,
and
no
unusual
circumstances
exist
that
would
pose
a
reasonable
possibility
of
having
a
significant
effect
on
the
environment,
and
the
Project
would
not
impact
a
historic
resource.
Based
on
this
analysis,
no
significant
environmental
effects
would
result
from
the
Project
and
the
use
of
categorical
exemptions
is
appropriate.
Section
3. The
City
Council
hereby
approves
a
Use
Permit
for
the
Polvora
Card
Room
as
defined
on
the
plans
dated
August
28,
2019 (
with
revisions
dated
February
25,
2020)
and
submitted
as
a
part
of
the
subject
application
and
as
amended
by
this
Resolution
and
approves
the
wagering
limits
contained
in
Exhibit"
A"
attached
hereto
and
incorporated
herein
pursuant
to
NMC
Section
5. 16.
130
and
makes
the
following
findings
in
support
of
the
approvals:
A.
The
proposed
use
is
in
accord
with
the
General
Plan,
applicable
specific
plans,
the
objectives
of
the
Zoning
Ordinance
and
the
purposes
of
the
district
and
overlay
district
in
which
the
site
is
located.
The
Site
is
located
within
the
CC-
482 —
Community
Commercial
General
Plan
Designation
which
provides
for
commercial/
retail
establishments
including
entertainment
uses.
The
operation
of
a
card
room
within
the
CC
Land
Use
District
would
be
consistent
with
the
mix
of
uses
envisioned
for
the
District
and
would
comply
with
applicable
development
standards.
B.
The
proposed
use,
together
with
the
conditions
applicable
thereto,
will
not
be
detrimental
to
the
public
health,
safety,
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity,
or
to
the
general
welfare
of
the
City.
R2020-
088
Page
2 of
9 June
16,
2020
Page
2 of
12 ATTACHMENT 2
As
conditioned,
the
operation
of
the
card
room
would
not
generate
impacts
that
would
be
detrimental
to
the
public
health,
safety,
or
welfare.
The
proposed
use
would
be
appropriately
located
in
a
commercial
area
that
is
not
directly
proximate
to
residential
or
other
sensitive
uses.
The
card
room
operation
would
be
confined
to
the
interior
of
the
building
with
some
restaurant
seating
located
outdoors
consistent
with
past
restaurant
operations.
In
addition,
State
and
Local
oversight
of
the
gaming
operation
and
the
provision
of
an
approved
security
plan
will
ensure
that
the
card
room
would
operate
in
a
manner
that
limits
any
impacts.
Accordingly,
as
conditioned,
the
Project
would
not
be
detrimental
to
the
public
health,
safety,
or
welfare,
or
materially
injurious
to
properties
or
improvements
in
the
vicinity,
or
to
the
general
welfare
of
the
City.
C.
The
proposed
use
complies
with
each
of
the
applicable
provisions
of
the
Zoning
Ordinance.
The
proposed
use
would
comply
with
the
applicable
provisions
of
the
Zoning
Ordinance,
as
proposed
to
be
amended.
The
proposed
zoning
text
amendment
to
NMC
Chapter
17. 10
requested
by
the
Applicant
would
add
card
rooms
as
a
conditionally
permitted
use
in
the
Community
Commercial
District.
Staff
has
reviewed
the
application
for
compliance
with
the
applicable
provisions
of
the
Zoning
Code
and
found
that
it
meets
all
applicable
regulations.
Section
4. The
City
Council'
s
approval
of
the
Use
Permit
for
the
Project
is
subject
to
the
following
conditions:
1. This
Use
Permit
authorizes
the
Applicant
to
operate
a
9-
table
card
room
on
the
Site
in
accordance
with
the
plans
dated
August
28,
2019 (
with
revisions
dated
February
25,
2020),
and
submitted
as
a
part
of
the
subject
application,
as
amended
by
these
conditions
of
approval.
The
Applicant
may
install
a
total
of
12 tables;
however,
no
more
than
9 tables
shall
be
operational
at
one
time.
2. The
Applicant
shall
make
an
annual
presentation
to
the
City
Council
following
each
of
the
first
three
years
of
operation,
to
demonstrate
compliance
with
the
obligations
under
this
Use
Permit.
3. The
Applicant
shall
obtain
a
permit
from
the
Police
Chief
to
operate
a
card
room
in
accordance
with
Section
5. 16.
020
of
the
Municipal
Code
prior
to
commencing
card
room
operations
on
the
Site.
4. The
Applicant
shall
comply
with
all
provisions
of
NMC
Chapter
5. 16,
the
card
room
permit
issued
by
the
Police
Chief,
the
conditions
of
this
Use
Permit,
the
California
Gambling
Control
Act,
the
regulations
of
the
California
Gambling
Control
Commission,
any
gambling
licenses
issued
by
the
California
Gambling
Control
Commission
and
all
other
applicable
laws
governing
card
rooms.
R2020-
088
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9 June
16,
2020
Page
3 of
12 ATTACHMENT 2
5. The
Applicant
shall
obtain
the
required
licenses
and
other
approvals
from
the
California
Gambling
Control
Commission (
CGCC)
prior
to
commencing
gaming
operations
on
the
Site.
6. The
Applicant
shall
comply
with
the
rules
for
wagering
limits
approved
by
the
City
Council,
attached
to
this
Resolution
as
Exhibit "
A"
and
shall
post
such
rules
at
each
table
in
accordance
NMC
Section
5. 16.
130.
7. The
Applicant
shall
comply
with
all
requirements
of
Napa
Municipal
Code
Section
5. 16.
110 (
regarding
hours
of
operation),
except
that
the
card
room
is
not
authorized
to
operate
24 hours
per
day.
The
card
room
is
authorized
to
operate
between
the
hours
of: (
a)
8:
00 a.
m.
Monday
and
2:
00 a.
m.
Tuesday, (
b)
8:
00 a.
m.
Tuesday
and
2:
00 a.
m.
Wednesday, (
c)
8:
00 a.
m.
Wednesday
and
2:
00 a.
m.
Thursday, (
d)
8:
00 a.
m.
Thursday
and
4:
00 a.
m.
Friday, (
e)
8:
00 a.
m.
Friday
and
4:
00 a.
m.
Saturday, (
f)
8:
00 a.
m.
Saturday
and
4:
00 a.
m.
Sunday,
and (
g)(
1)
8:
00 a.
m.
Sunday
and
2:
00 a.
m.
Monday
except
that,
if
the
Monday
is
a
holiday [
as
defined
by
California
Government
Code
Section
6700], (
g)(
2)
8:
00 a.
m.
Sunday
and
4:
00 a.
m.
Monday).
8. A
full
service
restaurant
shall
be
in
operation
at
all
times
when
the
card
room
is
in
operation.
9. The
eastern
deck
shall
be
closed
to
customers
no
later
than
10:
00pm.
10. Consistent
with
NMC
Section
5. 16.
140,
the
maximum
number
of
card
tables
that
may
be
in
use
on
the
Site
at
any
one
time
is
nine(
9).
The
maximum
number
of
tables
allowed
on
the
Site
is
twelve (
12).
The
number
of
patrons
at
each
card
table
shall
not
exceed
ten (
10),
except
that
two (
2)
tables
may
have
up
to
fifteen (
15)
patrons.
11. Any
card
table
not
in
active
operation
shall
be
covered
and
prominently
labeled
as
being
non-
operational.
The
cover
and
sign
shall
be
approved
in
writing
in
advance
by
the
Chief
of
Police
prior
to
commencement
of
any
gaming
operations
on
the
Site.
12. Tables
not
in
use
shall
be
under
24-
hour
video
surveillance
with
IP
based
cameras.
The
Napa
Police
Department
shall
be
given
permission
for
remote
viewing
of
the
camera(
s).
Minimum
requirements
for
the
camera(
s)
are:
a.
IP
Based
b.
Password
protected
c.
Accessed
from
the
internet
d.
Use
File
Transfer
Protocol (
FTP)
e.
The
system
shall
maintain
recordings
for
7 days
13. All
gaming
activities
and
card
tables
shall
be
confined
to
the
interior
of
the
building
in
the
areas
designated
on
the
approved
plans
for
gaming.
No
such
activities
shall
be
conducted
outside
on
the
deck/
outdoor
seating
areas
or
in
any
other
area
not
designated
for
gaming
on
the
approved
plans.
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9 June
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2020
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12 ATTACHMENT 2
14. Security
shall
be
provided
at
all
times
when
the
business
is
in
operation
in
accordance
with
the
Ace&
Vine
Security
Plan (
dated
December
2018)
as
submitted
with
the
Use
Permit
application
and
as
amended
by
this
Resolution
and
on
file
with
the
Planning
Division.
15. The
Applicant
shall
amend
the
Ace &
Vine
Security
Plan (
dated
December
2018)
to
include
the
revisions
requested
in
the
letter
from
Police
Lieutenant
Gary
Pitkin
dated
May
31,
2019
and
shall
submit
the
revised
plan
to
the
Police
Chief
for
review
and
approval
prior
to
commencing
gaming
operations
on
the
Site.
16. All
persons
engaged
in
or
assisting
with
the
sales
or
service
of
alcoholic
beverages
on
the
Site
shall
complete
an
approved
course
on
Responsible
Beverage
Service
RBS)
or
LEAD (
ABC
certified)
prior
to
engaging
in
or
assisting
in
the
sales
of
alcohol.
17. No
alcoholic
beverages
shall
be
sold
to
any
obviously
intoxicated
person
or
to
a
person
under
the
age
of
21. 18.
All
sellers/
servers
shall
check
the
identification
of
any
purchaser
of
alcoholic
beverages
suspected
of
being
under
the
age
of
25. Forms
of
government
identification
with
photograph
such
as
a
driver'
s
license
or
identification
card
are
accepted
forms
of
identification.
19. No
alcoholic
beverage
may
be
served
on
the
premises
between
1:
30 AM
to
6:
00AM,
and
no
alcoholic
beverages
may
be
consumed
on
the
premises
after
2:
00 AM.
20. The
Applicant
shall
prohibit
loitering
in
the
parking
lot
and
in
front
of
the
building
entrance
at
all
times.
21. The
Applicant
shall
keep
the
parking
lot
and
other
outdoor
areas
free
of
litter
and
trash
at
all
times.
22. The
Applicant
shall
make
every
effort
to
assist
patrons
that
are
intoxicated
in
acquiring
alternative
safe
transportation
such
as
a
cab
or
sober
driver.
23. This
Use
Permit
shall
be
subject
to
review
for
potential
enforcement,
modification,
or
revocation,
in
accordance
with
NMC
Chapter
17. 72.
24. All
conditions
of
approval
shall
be
printed
verbatim
on
one
of
the
first
three
pages
of
all
the
working
drawing
sets
used
for
issuance
of
Building
Permits (
architectural,
structural,
electrical,
mechanical
and
plumbing)
and
shall
be
referenced
in
the
sheet
index.
The
minimum
font
size
utilized
for
printed
text
shall
be
12 point.
25. All
exterior
lighting
on
the
Site
shall
be
properly
shielded
and
directed
downward
to
preclude
glare
conditions
that
might
impact
adjacent
properties
or
public
streets.
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2020
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12 ATTACHMENT 2
26. Prior
to
issuance
of
a
Building
Permit (
if
applicable),
the
Applicant
shall
pay
all
applicable
fees
at
the
rates
in
effect
at
the
time
of
payment
for
the
Project
involved,
including
but
not
limited
to:
a.
Affordable
Housing
Impact
Fee;
and
b.
Public
Art
Contribution (
or
compliance
with
the
public
art
installation
pursuant
to
NMC
Section
15. 108),
if
applicable.
27. Additional
Approvals
Required:
a.
Approval
of
this
Use
Permit
is
subject
to
the
Napa
Sanitation
District
approving
any
required
sanitary
sewer
improvements.
b.
Approval
of
this
Use
Permit
is
subject
to
the
Environmental
Health
Division
of
the
County
of
Napa
approving
any
required
food
facility
permits.
28. As
documented
by
the
Applicant
in
its
letter
to
the
City
dated
October
24,
2019,
the
Applicant
has
modified
the
Project
to
incorporate
the
payment
of
a
Supplemental
Table
Fee
as
described
in
this
Condition
No.
28. In
addition
to
the
Applicant'
s
obligation
to
pay
the
City
a
business
license
tax
in
accordance
with
NMC
Chapter
5. 04 (
in
particular
the
tax
of$
500
per
year
per
table,
as
set
forth
in
NMC
Section
5. 04.
370(
D)),
the
Applicant
shall
pay
the
City
a
Supplemental
Table
Fee
of
10,
000
per
year
per
table.
As
used
in
this
Section,
the
number
of
tables
for
which
the
Supplemental
Table
Fee
is
owed
shall
equal
the
number
of
tables
which
the
Applicant
is
permitted
to
have
in
operation
in
accordance
with
this
resolution,
which
is
nine.
To
illustrate
the
payment
of
the
Supplemental
Table
Fee,
the
nine
tables
authorized
by
this
resolution
will
generate
a
total
of$
90,
000
to
the
City
every
year.
At
the
request
of
either
party,
both
parties
shall
negotiate
in
good
faith
to
execute
a
written
agreement
to
implement
the
payment
of
the
Supplemental
Table
Fee,
in
accordance
with
this
Section.
The
Applicant
shall
pay
the
Supplemental
Table
fee
to
the
City
at
the
same
time
as
the
business
license
tax
required
by
NMC
Chapter
5. 04.
City
General
Conditions:
29. Consistent
with
the
City'
s
Sign
Ordinance,
no
portable (
e.
g.
A-
frame,
portable,
rotating,
flashing,
animated,
moving
or
having
the
appearance
of
moving,
inflatable)
signs
are
permitted
on
the
site.
30. No
outdoor
speakers
are
approved
as
a
part
of
the
Use
Permit.
31. The
plans
submitted
for
a
Building
Permit
shall
identify
the
locations
of
all
mechanical
and
utility
equipment,
including
transformers
and
backflow
devices.
32. All
mechanical
and
utility
equipment,
including
transformers
and
backflow
devices
must
be
screened
and/
or
integrated
into
a
building
structure.
Screens
shall
not
be
used
where
they
would
disproportionately
increase
the
mass
of
the
building
or
R2020-
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6 of
12 ATTACHMENT 2
introduce
elements
that
are
inconsistent
with
the
high
level
of
design
quality
reviewed
as
part
of
the
Use
Permit.
Because
transformers
and
backflow
prevention
devices
are
regularly
maintained
and
tested,
screening
is
required
to
meet
certain
criteria
for
the
accessibility
and
visibility.
Landscaping
and
screening
of
devices
must
be
installed
prior
to
issuance
of
a
Certificate
of
Occupancy
for
the
Project.
33. Construction
activities
shall
be
limited
to
7:
00 a.
m.
to
7:
00 p.
m.
Monday
through
Friday
and
8:
00 a.
m.
to
4:
00 p.
m.
on
weekends
or
legal
holidays,
unless
a
permit
is
first
secured
from
the
City
Manager(
or
his/
her
designee)
for
additional
hours.
There
will
be:
no
start-
up
of
machines
nor
equipment
prior
to
8:
00 a.
m.,
Monday
through
Friday;
no
delivery
of
materials
nor
equipment
prior
to
7:
30 a.
m.
nor
past
5:
00 p.
m.,
Monday
through
Friday;
and
no
servicing
of
equipment
past
6:
45 p.
m.,
Monday
through
Friday.
34. Unless
otherwise
specifically
provided,
each
condition
of
approval
shall
be
satisfied
prior
to
issuance
of
a
building
permit,
or
if
a
building
permit
is
not
required,
prior
to
the
commencement
of
use.
Each
condition
of
approval
related
to
the
operation
of
the
Project (
including
the
card
room
and
restaurant)
shall
be
ongoing
for
the
term
of
this
Use
Permit.
35. No
use
authorized
by
this
Use
Permit
may
commence
until
the
Applicant
has
executed
any
agreement
required
by
these
conditions
of
approval.
36. Applicant
shall
pay
all
applicable
fees
and
charges
at
the
required
time
and
at
the
rate
in
effect
at
time
of
payment(
in
accordance
with
the
City'
s
Master
Fee
Schedule;
see
individual
departments
regarding
the
timing
of
fee
payment
requirements).
37. Applicant
shall
design
and
construct
all
improvements
and
facilities
shown
on
any
approved
tentative
map,
site
plan,
plans
and
specifications,
or
other
approved
documents,
to
comply
with
the
General
Plan,
any
applicable
Specific
Plan,
the
NMC,
City
ordinances
and
resolutions,
the "
Standard
Specifications"
of
the
Public
Works
and
Fire
Departments,
and
the
approved
tentative
map,
site
plan,
plans
and
specifications,
and
other
approved
documents.
38. The
time
limit
within
which
to
commence
any
lawsuit
or
legal
challenge
to
this
Use
Permit
is
governed
by
Section
1094.
6 of
the
Code
of
Civil
Procedure,
unless
a
shorter
limitations
period
is
specified
by
any
other
provision.
Under
Section
1094.
6,
any
lawsuit
or
legal
challenge
to
any
quasi-
adjudicative
decision
made
by
the
City
must
be
filed
no
later
than
the
90th
day
following
the
date
on
which
such
decision
becomes
final.
Any
lawsuit
or
legal
challenge,
which
is
not
filed
within
that
90-
day
period,
will
be
barred.
39. To
the
full
extent
permitted
by
law,
the
Applicant
shall
indemnify,
defend,
release
and
hold
City (
including
its
officers,
elected
or
appointed
officials,
employees,
volunteers,
and
agents)
harmless
from
and
against
any
and
all
liability
or
claims
including
actions,
demands,
damages,
injuries,
settlements,
losses,
or
costs
including
legal
costs
and
attorney'
s
fees]) (
collectively, "
Liability")
by
any
person,
including
Applicant,
of
any
nature,
arising
out
of,
pertaining
to,
or
relating
to
the
R2020-
088
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9 June
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2020
Page
7 of
12 ATTACHMENT 2
processing,
conditioning
or
approval
of
any
application
submitted
by
Applicant
relating
to
the
Site
or
to
Applicant'
s
operations
on
the
Site
pursuant
to
these
Project
approvals,
including
without
limitation (
1)
any
such
application
or
action
relating
to
the
Site; (
2)
any
failure
to
comply
with
all
applicable
laws
and
regulations;
or (
3)
the
design,
installation
or
operation
of
Project
improvements
and
regardless
whether
the
actions
or
omissions
are
alleged
to
be
caused
by
City
or
Applicant.
City
shall
promptly
notify
Applicant
of
any
such
Claim
and
shall
reasonably
cooperate
in
the
defense
of
any
such
claim
or
action.
City
grants
these
Project
approvals
in
express
reliance
on
Applicant'
s
acceptance.
of
the
obligations
described
in
this
paragraph.
Applicant'
s
breach
of
any
obligation
described
in
this
paragraph
shall
entitle
City
to
injunctive
relief,
money
damages,
and
is
grounds
for
revocation
of
these
Project
approvals.
40. If
the
Applicant
is
not
the
owner
of
the
Site,
all
agreements
required
to
be
executed
by
this
Resolution
must
be
executed
by
the
Owner(
s)
as
well
as
the
Applicant.
41. The
conditions
of
approval
of
this
Use
Permit
set
forth
herein
include
certain
fees,
dedication
requirements,
reservation
requirements
and
other
exactions.
Pursuant
to
Government
Code
Section
66020(
d)(
1),
these
conditions (
and
mitigations)
constitute
written
notice
of
the
statement
of
the
amount
of
such
fees
and
a
description
of
the
dedications,
reservations,
and
other
exactions.
You
are
hereby
notified
that
the
90-
day
period
in
which
you
may
protest
those
fees,
the
amount
of
which
has
been
identified
herein,
dedications,
reservations
and
other
exactions
required
in
connection
with
this
Use
Permit
has
begun.
If
you
fail
to
file
a
protest
complying
with
all
the
requirements
of
Section
66020,
you
will
be
legally
barred
from
later
challenging
such
exaction.
42. Violation
of
any
term,
condition,
mitigation
measure
or
Project
description
relating
to
this
Use
Permit
is
unlawful,
prohibited
and
a
violation
of
the
Napa
Municipal
Code
and
can
result
in
revocation
or
modification
of
this
Use.
Permit
and/
or
the
institution
of
civil
and/
or
criminal
enforcement
and/
or
abatement
proceedings.
43. This
Use
Permit
would
not
have
been
granted
but
for
the
applicability
and
validity
of
each
and
every
one
of
the
specified
mitigations
and
conditions,
and
if
any
one
or
more
of
such
conditions
and
mitigations
is
found
to
be
invalid
by
a
court
of
law,
this
Use
Permit
would
not
have
been
granted
without
requiring
other
valid
conditions
and/
or
mitigations
consistent
with
achieving
the
purpose
and
intent
of
such
approval.
44. This
resolution
shall
become
effective
immediately
upon
adoption.
The
Use
Permit
shall
be
effective
thirty (
30)
days
after
the
City
Council'
s
adoption
of
an
ordinance
amending
NMC
Section
17. 10
to
add
cardrooms
as
a
conditionally
permitted
use
in
the
Community
Commercial
District
and
amending
NMC
Chapter
5. 16
to
increase
the
maximum
number
of
card
tables
from
5 to
9,
to
increase
the
allowable
number
of
patrons
for
each
table
from
10 to
15,
and
remove
the
restriction
prohibiting
the
consumption
of
alcohol
in
a
card
room.
The
Use
Permit
is
subject
to
the
expiration
provisions
of
NMC
Section
17. 68.
170
and
may
be
extended
in
accordance
with
the
requirements
of
NMC
Section
17. 68.
130.
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Page
8 of
9 June
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2020
Page
8 of
12 ATTACHMENT 2
I
HEREBY
CERTIFY
that
the
foregoing
Resolution
was
dUly
adopted
by
the
City
Council
of
the
City
of
Napa
at
a
public
meeting
of
said
City
Council
held
on
the
16th
day
of
June,
2020,
by
the
following
vote:
AYES:
Alessio,
Luros,
Sedgley,
Gentry
NOES:
Techel
ABSENT:
None
ABSTAIN:
None
ATTEST:
Tiff
y
Carran
City
Clerk
Approved
as
to
form:
7(
j4g -
Michael
W.
Barrett
City
Attorney
R2020-
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Page
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9 June
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2020
Page
9 of
12 ATTACHMENT 2
EXHIBIT "
A"
Polvora/
Ace &
Vine -
Rules
on
Wagering
Limits
Wagering
limits
for
each
card
game
will
comply
with
the
respective
tables
below,
which
shall
be
approved
by
the
State
of
California
Department
of
Justice,
Bureau
of
Gambling
Control.
All
wagering
limits
will
be
clearly
visible
at
each
table
in
order
to
give
patrons
adequate
notice.
Limit
Texas
Hold'
em
and
Omaha
Hiqh/
Low
Split
8 or
better
For
schedule
options
1 through
10,
the
table
limit
as
shown
below:
Schedule
Table
Limit
Option
1 3-$
6 2
4$
8 3
6-$
12 4
10-$
20 5
30-$
40 6
30-$
60 7
40-$
80 8
100-
200
9 200-$
400
10 300-$
600
11 400-$
800
No
Limit
Texas
Hold'
em
For
schedule
options
1 through
7,
the
table
limit
as
shown
below:
Schedule
Buy
In
Limit
Option
1 40-$
200
2 100-$
500
3 300-$
1000
4 500-$
3000
5 500+
6 1,
000+
7 2,
000+
Pot
Limit
Omaha
For
schedule
options
1 through
7,
the
table
limit
as
shown
below:
Schedule
Buy
In
Limit
Option
1 50-$
300
2 100-$
500
3 300-$
1000
4 300+
5 500+
6 1,
000+
7 2,
000+
R2020-
088
1 Page
10 of
12 ATTACHMENT 2
EXHIBIT "
A"
Three
Card
Poker
For
schedule
options
1 through
3,
the
table
limit
as
shown
below:
Schedule
Wagering
Limit
Option
1 5-$
600
2 10-$
1000
3 25-$
3000
Ultimate
Texas
Hold-
em
For
schedule
options
1 through
3,
the
table
limit
as
shown
below:
Schedule
Wagering
Limit
Option
1 5-$
600
2 10-$
1000
Baccarat
For
schedule
options
1 through
3,
the
table
limit
as
shown
below:
Schedule
Wagering
Limit
Option
1 5-$
600
2 10-$
1,
000
3 25-$,
3000
4 100-$
5,
000
Bonus
Wagers
1 5-$
100
2 10-$
300
Pai
Gow
Poker
For
schedule
options
1 through
3,
the
table
limit
as
shown
below:
Schedule
Wagering
Limit
Option
1 5-$
600
2 10-$
1000
3 25-$
3000
4 100-$
5,
000
Bonus
Wagers
1 5-$
100
2 10-$
300
R2020-
088
2 Page
11 of
12 ATTACHMENT 2
EXHIBIT "
A"
No
Bust
21st
Century
Black
Jack
For
schedule
options
1 through
3,
the
table
limit
as
shown
below:
Schedule
Wagering
Limit
Option
1 5-$
600
2 10-$
1000
3 25-$
3000
4 100-$
5,
000
Bonus
Wagers
1 5-$
100
2 10-$
300
R2020-
088
3 Page
12 of
12 ATTACHMENT 2