Loading...
HomeMy WebLinkAboutAgenda Bill 6.APart4 10/04/2010Attachment E />~4. EDMUND 'G. BROWN JR. State of California ~`, DEPARTMENT OF JUSTICE ° ~` o Attor,Key General BUREAU OF GAMBLING CONTROL P. O. Box 168024 Sacramento, CA 95816-8024 • Public: (9.1.6) 263-0366 . Fax: (916) 263-3403 July 15, 201:0 Mr. Derek Farmer Senior Planner City of Petaluma 11 English Street Petaluma, California 94952 ~~~~~~~ 'JUL 1.9 2010 COMMWi ITY DEVELGPMENT DEPARTMENT Re: City of Petaluma's Cardroom Ordinance Dear Mr. Farmer: On July 7, 20:10,. the Bureau;of Gambling Control (Bureau) received the proposed amendments to Sections 9.080• and 9.090 of the. City of Petaluma's~ ordinance in accordance with Business and Professions Code section 19961.1. The Bureau's review of the proposed amendments fourid,no apparent violation of the Gambling Control Act. Upon approval ,and adoption of the proposed amendments; please provide the Bureau with a signed certified copy of the amendments. If you have anyquestions, please contact Analyst Brenda Weygandt of my staff at (916) 263-5413,. Thank~you for your cooperation in this matter. ,~ Sincerely,: ~e -~ NORM PIERCE Assistant Bureau Chief Bureau of Garribling Control For EDMUND G. BROWN JR Attorney General 65 Attachment F ~f P~t~~Ul'~'1~ ll :English Street Post Office Box 61--Petaluma, California- 94953 Mayor M. Patricia Hilligoss Councilmembers Jack W. Cavanagh Michael Davis Bonnie Nelson Nancy C. Read Brian Sobel Lynn C. Woolsey PLANNING DEPARTMENT (707) 778-4301 December 9,1992 Patti Gaeir 1721 Chehalis Drive Petaluma, CA 94954 RE: Sonoma Joe's Cardroom _.- 5151 Montego Way, APN 007-421-16 Dear Ms. Gaeir: At the meeting of November 24, 1992, the Petaluma Planning Commission considered your application for a Conditional Use Permit -to ~ allow 'the establishment of a 'cardroom to operate 24 hours/day Within the existing facilities of ,the Sonoma Joe's restaurant.. The minutes of the meeting indreate that the Plaiuung Commission approved the application based on the findings. and subject to the following amended conditions: Note: Addition =italics Deletion = s#t~eo~ Findines: 1. The proposed cardroom, as conditioned, will conform fo the; requirements and intent of°-the Petaluma Zoning Ordinance for uses permitted within the C-H zone. 2. Therpropgsed ca.rdroom, as conditioned, will conform to the requirements and intent,, goals, and policies of the Transportation, 'and Local Economy Chapters of the Petaluma General Plan. 3. The proposed ~ eardroom, as conditioned, will not constitute a nuisance or be detrimental fo the public welfare of the community. 4. The existing free-standing. signs are non-conforming .and their removal will achieve consistencywith Article 25 of the Zoning Ordinance. 66 .Conditions: 1. All requirements of the Chief of Police must be complied with, including: a. The. parking .lot shall be well lighted and marked in such a fashion as to maximize the free- and. easy movement of pedestrians and vehicles. There shall be open visibility-to all parts_ of the parking lot. Said lighting and marking improvements shall be reflected on the site masterplan` which shall be reviewed and approved by the Planning Director and ;Chief of Police prior to the commencement of the business. Lighting improvements shall be installed prior to occupancy of the cardroom unless an alternate improvement schedule (phasing) is approved by the Police Chief. b. The applicant shall. provide the Police Department with a comprehensive written security plan for the location and the operation of the business prior to commencement of use. The plan shall include policies, procedures and the actual numbers ;of security people on the premises at any given time of day. c. The applicant/owner .shall coordinate a monthly :meeting with the Police Department for the first twelve months of operation. d. For each year following the first year of operation, the .applicant/owner shall arrange an annual review of the operation wifh the Police Department. 2. Twenty-four (24) hour operation of the cardroom is not permitted until such time as the Petaluma Municipal Code has been amended appropnately. 3. The applicant shall. produce a masterplan for circulation and landscaping for staff review and approval prior to commencement of use by the cardroom. All components of'this plan shall be installed within one year following the granting of this Conditional Use Permit,. subject to staff review' and approval, unless an alternate improvement phasing is approved by the Planning Director. A good faith performance bond shall- be provided to the City prior. to commencement of the cardroom use. The following requirements shall be included in the masterplan: a. Parking designed to City Standards for 136 vehicles. b. Landscaping consisting of trees, shrubs. and' groundcover designed in a manner consistent with the City's landscape guidelines. In addition to typical landscaping, the landscape plan shall incorporate tree clusters along 'the parking:lots east and west boundaries in islands and at both ends of the two r rows of, parking to the east of the building. Plantings within these interior islands should Ue of type(s) and density that will .not. obstruct visual surveillance of -the parking lot: All required plant material shall be served by a City approved. irrigation system. c. Improvement and modification to the triangular island at the. terminus of Montego Way shall be made to the satisfaction of the City Engineer in, order to improve ease and safety of ingress and egress. Said improvements shall be completed pugsuant to plans reviewed and approved by the City Engineer, prior to :occupancy and commencement of use. b~ d. Parking lot drainage improvements shall be provided as deemed to be necessary by the City Engineer (scope to. be limited to on-site improvements). 4. A sign permit shall. be obtained from the Building Division for the on-site free standing: ign oriented towards Highway 101 prior to the commencement of use of the cardroom. Staff .shall: work with applicant to consider minor modifications to the on-site sign to bring it closer into conformance, to the extent possible. Said-e~-site~~ee- e~o~~flc-~~at-Qf--xse. The off-site free-standing sign`located on Old Redwood Highway .adjacent to the Steel Bear Deli shall be removed prior to the occupancy of the cardroom use. 5. Any additional outdoor advertising signs shall be submitted for review and approval by the Planning Department.. All signs must conform to the Zoning Ordinance and be compatible with the building and surroundings. `. 6. The following conditions of the Engineering Department shall be met prior to commencement of user 7 8. '9. a. The landscape island located in Montego Way is not part of the City street system. Proposed improvements of this and adjacent parcels may result in restnctmg access.. to some parcels by large delivery trucks. It is the recommendation of the: Traffic Engineer, therefore; that alternative access and `island configuration be considered by affected property owners. There shall be no outdoor storage of materials or equipment unless screened from view to staff 'satisfaction. The applicant shall obtain all necessary -permits pursuant to Chapter 620 of the Petaluma Municipal Code prior to commencement of business activities. 10. This use permit may be recalled to the Planning Commission. for review at any time due to complaints regarding lack of compliance with conditions of approval, traffic congestion, noise generation, or other adverse operating:, characteristics. At such time, the Commission .may revoke the use permit or add/modify conditions of approval. If you feel that these findings, and conditions do not accurately reflect the action of the Commission, please contact the project planner immediately so that the discrepancy can be rectified. 68 The unused utility pole on the site near the freeway shall be gemoved prior to the commencement. of the cardroom use orshall be used for parking. lot lighting, subject to staff review and approval Please be advised that. in any case where a Conditional, Use Permit ..has not been. used within .one (1) year after the date of granting by the Commission, the permit. shall. expire :unless a request for an .extension is submitted. An extension for no more than one additional year may be submitted by the applicant to the Planning Department thirty (30) days prior to the one year limit. If after the one. (1) year extension period has expued and a Conditional Use Permit has -not .been used,.. then w~.thout further action the permit shall be null and void. Sincerely, Pamela Tuft . Planning Director cc: City Clerk City Engineer Building Inspector County Assessor File No. CUP92032 Re~all: 10/24/93. (hg) Mr, and Mrs. Montego, 5151 Montego Way, Petaluma, CA 94954 gaeir/pcmin-7 6`~ Attachment G ~D16~Tl~Ii'7 G: ~BROT3'11~.JIt. ~~=. ,~~ate a~'L'aLaforFriat ~4itUrney'(xe~eral I3EP~T1t^~N~' O~ JiT,STIC~' BUREACJ OF GA~'1'!BL)1~'G CE4NTROL P,A. Box.t68424 5acremcato, CA 95816-8424 Public,. (916) 263366 Fax: (916) 2b3-3403 l:~ebrtfary 23,_ 2049 Messrs.lVioore and Hood City of Petaluma P:4. Box 601 Petaluma, California 94953-00.61 Re: City of Petaluma's Gambling~Ordinance Dear Messrs. Moore and Rood: This letter is in response: to°yout~ letter, dated December 1'0',,00$, requesting direction on how to reduce the`ntiunlier of cardroom Licenses in the City of Petaluma and move the seven card tables from the River Card Roam :to the 101 Casino. Business and L'rofessiu~tis (B8cP) Cade section 19961,: subdivision (a}, among other things, provides tliat.a local. otdinance mad be amended without the approval of the electors to expand gambling by' a change tlzat'resultstn:an increase of less than 25 percent. Subdivision (b}, among.other things,, defines expansion ofgambling to include a changeahat "when compared to that authorized on January 1, 1996," xesults in aii uzerease of 2S' percent ar rriore in the number of gambling tables that may be operated in:a gambling establishment, B&P Code section 19962 provides, among other il~i,ngs, that an ordinance in effect~on January i, 19.90, may nqt be~ amended to provide for an expansion of gambling. "in that jurisdiction" beyond that permitted on January 1, 1996. In evaluating tb,e_proposed amendment to. the Petaluma Ordinance,:the Bureau lies>to look to the provisions of B&P ~Code~ section 19961 which gQVern anyproposed change: in the lair. That section, as noted above„ requires a con~paison to the number of gamliling~tables~that may be operated in a gambling establishment "when compared to.:that -authorized' on January 1, 1996." The Bureau reviewed the ;1993 Petaluma Ordinance (same ordinance. was iri effect on 7anuary 1, 1996), which contains the restriction that no cardioom shall'liave rriore than fifteen tables. The pragosed transfer of`7 tables to a cardroani already having.:1S tables wanld be an increase of 25 percent:or more and, thereforey would not be permissible without the approval of the voters. However, a maximum of 3 tables could be: added absent submission ofthe proposed amendment to the Iocal voters. 7D Messrs. Moore and Hood February 23, 2a~9 Page 2 If the Petaluma C)rdinan~e-is amended to allow three additional tables, please submit the proposed amendment to the Bureau ~or;revi.ew anal comment, before the ordinance is adopted by: the city ar countp, and provide the Bureau with a signed certified copy of the amendments. If you have any questions, please coataet Analyst Brenda Weygaud# of my staff at {91 ~ 2'63=5413. Thank you for your cooperation in this matter. Sincerel3t„ NQRM PIERCB Assistant Bureau Chief $uireau of Gambling Control FoF EDMUND G. BROWN Jlt. ~i.ttorney General cc: David Tierney CGCC~ 7~ ~ 1. ... 54 ~ TL Y."~ a 1 Y '~ I V ~1t.~~~ V ~T~I ~®I ®~1'~e l~~A®~TfJJ' La~~ 1W ~ V Ll L Y ~~L' ~ Business .and Professions Code Section 19800 et seq. Articles 1 thru 17 Title 4. Business 12egulations Division 18: California Gambling Control Commission Title 11. Law Division 3. Gambling Control ` AN~l~EI- JANtJ'Y 1, 2009 .DEPARTMENT OF JUSTICE .BUREAU OF GAMBLING CONTROL THLS PUBLICATION IS NOT A LEGAL DOCUMENT This publication was designed as an aid to gambling establishments and other interested , ` parties by providing the text, current as of the date of .publication, of the. Gambling Control';% Act and related administrative regulations. There:. is no.representation,'warranty, or guarantee thatthis compilation is error-free or comprehensiveYof gambling-related laws and regulation` and this publication is not a substitute forthe advice of an attorney. 7 ' ~ -_ ti. I..q +x'1 7 \ S E }i b t ; Zl ~Y+L+. ~ ~N ~a~~ ~~~ 1 t x Il ~ Y ? 'C{ w ~ ~'Y }6p ~'~Yt .S: f ~ } t ~c ~ ~ }' S K - ~ Y 1 V'fJ ~ ~. M ~ 'I ~'~~ x' jix~i4 `~ JZ 1 , A ` C f ~ iJ i ' ' t f ~ 1 ~....y „~ Sn 'H 4+~-f4; Y; h71ti'1 ".h}~"ki ~ 1 t .t F~'~ rt ~f~ ~ ` ~ 1 , . ~ 1 I I ~ ~ I Y Its' - } ~ ~ z , : a 7 rt ~Y~ 1f11 .117 {afyl .1 ty t,~i~ ~}7^F~~~ t'~`~' , a ' ~ ~ 4 i7 CC _ ~ yyO,, v. ~ i u •~ vUi G. •~ 0.. ° O ~ N~. U '~ ~ 'b^ 'p .~ 4t ~~ p N~~ O O .~ O c9 'E U -N 4~ ~ .9 O N cC •.+ U cn ~~. ~ .~ U .d ^' ~ U ~' U ~' cd .C c•Yd O~ O ~. rOit ~ ~ bC "O ~ 'b ~' ~ ~ rn ^ ~ ~ cd ~Ny. 00 •+"C^+ V'1 ~ ~ a U U [Yd O ~ ~ O 0 ~.C: N [b N N •cd on T ~ w N ~ o ~ ccJC ° o o ~ .~ 4' ~ ~ °- ~ ~ y ~ .~ ~ o ~ . ~y N ~51 t{.. [A 4. ~ Y 'b ° w ~ y•o ° ° c0 a"O o~~.•w•0.~ •J •a ,b ~ Q~.fl ~n c~ [°'~-ro°'.o~c `~ o ~ ~ 0.F U y .~ R ~_ o ~ '~. ,~ ~' ~ OD ¢ O ~ ~. .~+ W ~ '~ a'OU+ 'N. 7 4. +~' X N 4a 0.:4- Cn Z ~ a' O O U] r+ • ~ N O ~ ~ a .~ ~ s., vT L, U - N. O r-° N 4•, Q'. 4., -~ b ° ~ ~. N ~O U q U 7 G O ~~ ~ ti.. p. c~ r O ~ a = O ~y ~ N O~ N y -p .O. C 4^ C ~ C. +'O.+ ~ 'DA ~ ~ N. +•'~- '9 N U~ N NN ~ ~'. ° ~ .5 N O U O ° 41 af~„~ ° Y V1 y .. ~ y ~ •y C ~ CO -p a .-. •C .-~ ~ u V ~ ~' N LL Y '~ > ~ ° N '~ C.7 c a~ ~ ° O' .°"~ C C vOi O. C C >, C v t~;" ~ ~ ~ .sa m. -a +-• C ~ a~ In ° c•o~~~ ~Y y~EU~..a .~Y~y3?• U ~ R...~°~~~-.,-ate ~o~• u .''~' U Y N C rn L ~ :, ^ ~; C~, ~ N 0. G O [ ~ i-: - '7 ca GO O > cCd N p• R• 'a C ~ v7 ++ ,cYd N C .V p •id' c0 ~ 0\ ~ O ~ cd C' ~i0, N ~,,, •C1 ~~'V ~4~,~ U p y U ys.. y ~ ~ ~ ~,~ aai °' '~ ~ 3'b a'o ~ ~ h ~, v ~ ~ ~ a°i ~ v° _°? a ~;ti o~ ~ E Qwy o o ~~ o~ o, ~ ~ p co v'~y•=•a, ~ o•~ Y ~ ~ ~ ~ ~ •i o v"•_-oid•>,.~ ° ° o a~ N c 0 0•~ ° ~ y~_ ~ o ~ ~? F,•~ ° aai c U c 5 ~ ¢ Ly•U.~,a ~ ~ ° G•`~ m >>..-. .fl C O •~ ++ C U ° (y' N U N '. N N v e^ ~ ++ cd. y. N ~O ~ t, Lr Y Vi ^ y O •~ 4. O U ~ t*~. U cd "' A ~ •> rn •~ p ~ cd` V O ~ b N ~, y C C!! .C. •~ U C' U U ~ ~ ~ ~ ~ 7 .~ O ~ x ~i ° O p U O N N' ~ c~ ..-r q v~ a) O ~ ~ ~ b cd c0 '_' c3 vUi U F" ~ 4~ v°i ~ a5 U w ° •a •J a. do •,~ " ~ ~ a ~ ~; U o ~ ,,. c, ~ S .~ 6 ° 5 ^ CQ ~ L a „ y o ~. ~ c 3 ° G :~ o >~:~ ar ~. •° °' •o' ea a „"o v o a~ ~ '-°"° `b 'd ~ ?v ¢ ~ ~ S ~ °°' °' a, c ° ~ o :~ ~ ;~ ^ .o c~.°° aUi a ~ o o `J '"o. rn °~'~ 'fl Y ° O O 'G ° ° >, ~ d a v a~ cOa Y O V .~ ~ .~ 1 "° ,~ ~ ^ S °' •~ ra ° ,~ ~ ~ •~ o d ~ ~ ocD °~ a°i ,~ y .fl Cq ~ w ca i :5 . ~ • 7 M N rn !]~ et U rn O :rn z C .fl 4~ ~ 4~ G b [ ~^^ 'G ~ 7 ~ ~ y rn \p S ~O cC ~ GJ H ~ y ~p U. ~. ~ '~ ~ r+ N ~ r-+ N 'a. °\ cd a > .,U„ G..a O\ ~^, ei'•' 'C 01 Ol V ~ ~~ L]. ~..• ° U N U 01 ~ ~ O~ ° ': c °~ ° °' ~° a ° .n °:. aYi ,-~ Z. -o io O_ .. Z m cD ca .. r _ ; F kr el ~ y ~ r ..~ .6+_ ~t .. t ~ ~_ r wp h = -.Y~_. ~A r. 9~ rt ~~ d"+~4~ Gti `,~,4 ~~,y,~.,4 ~ ~'' 7~. Y' ~ ~ N _. Y, It ~~35 Tm~ ~, h` -i. ~ -~ "' ~ ' ~. r~ ~- ,.: ~.. ., ,.,.. .x , . ~ ~ r r, - ... _ .. _. 1 9 1 + o-u ° ° °' S ~ ~ c CiD °' a-Oi •.=. o a`"i .^a" ~ m c: a' o °~ ra ~'' aD ~ ~ . ~ ° ,a"'i ~ o" .~ o v •,~ ro m '~ ~ o S .N y an'i ~ °' °O1` .~ o ° o3n S ~ ~ c °' N N ~ zy '~~"• '~'.~ ~ ° ~ ~ C •'••~ ~ N•.'~C'' bA~ cu O • ~ ~ .N DO M O ° C on ° an . _ .~ .5 o w .~ ~. ~ • ES U c 3 .5 m G . v ° o ~ ~ c~ •S s0. a'"i :D: •~ .5 a ~ ~ .n ° •C v A ~, o cCa m •°7 ° ~ 6 ~ ~ ;~' •_ c S p ~ L °-fl.a h ° ~2.°• ~ o~ L ~•,'~ ~ c Y ~ dog o~ ~ a°i ~ ~ S ~ .~ ~'~ >, ~ c~ >°, ~In°i 'D ob ~ 3 ~ ~ ~.5 c ~~ tna`i ~ ~•N ~,o U ~„ ° a v c ai o p. a~i v. ° .n ° an a°i ~ ° rn a° a ° E °. a. ,~ '° a r? .S > >°, ~''~ ~~ .S• c ~.S ~ o ,ra ~ aal~,~,_.~ .5;~ ~4°,-, •~ ~ ~ ~ S ~.~ ~ C7 0,~:~ ~ o o ~~ a O O 7U. C d ,~;+ O ~? .a 'y ~ N ~.+ '~ N~ ca N. O U ru N O U bA U ''' cd V ."d U ~' O ~ .c ° ° ~ p .n b .C coi ° ~' ~ P. axi ~ ° `'" ~ ~'' ~ ~ o...° b [ ~ •~ •~, o '~ o ~ T ~ ^ C ~ ~ U ~ ~ - ~. ~ a.r :~ cd Y b C ,~.:~ N N ^ N p, ,~ N ~"" O 'a ~ ° 'C. 'O. ~ N = O~ U ~D U +~ 'y •~ .O~ ,~ N 7 N C~ 5~ U O _ ++ O q N L O O ~ O~ c{tl± N 3 1U-1 ° V ~ Cam) ~ C 'cJ ~ FU., U •'° ~ ~ • ° ~ ~ ~ ~ `~ ~.+ (~ ~ ~ O a ~... •N1 Y ~ ~ LC ~ 'r • O. ~ " ~ vi a'v, :~'. ~ ;~ v~ °, °p .5 -o v o -o ° ~ 5'rn ~ v ~ o r9 v ~ ~ •5 -, >,• L m U N ~ N U ~ ~ G t3.,.p N v..0~~" tr O "O Off. cd N _:: U ,_, U ~, nl~ r^ U C_ ~. o ~' o o `'-' o~D ~ ~' o '~, ~ ~ N -d a`i w ~ ~ ~ °°' y v sta. ,~ ~ .~ o ^~o ~~ ° ~ ° F c`Oi o •° a o° ° o ° ~ ~ •n~i ~ ~ ° ;S a• ~ o ° 'D o •~ >, ,~ 5 c .5 S pi., .~' "' m ° "~ c°a c°i c °i >, ~ ti ° ~ ~ ° ~ a ~ :5 0 °' o ~ ~ °~ ~ :~ a a, ~ ..a°, o on ~ . ~ ~ v ° ° c ~ ~ . ~ c °~ o' o ~ a a ~ o ~ C v ~ ~ ~ U ~ a .o U S +•' ' ~ ~ '+•+ w., p C ° v C v] U ~ ~ ° U :+ ~ ~+ r... S .a _ S ~ v 4. • G ~' of ~?. ~ ~:'•~ .~.~ ° ea C Y C e~ C .o • ~ a 3 • o; ° ~ ~ ~ ~ rn , en a~ ~ a ~.•.o U.a~' °•o a• a .~~~ xapv~ S ~. °a~5 L~°a.° ~ ~ Q 'v a ~° •,fl v7 o ti an o 0 2 °? 'o ~a oA A. a s ~ U~ a c -~ b '~ .Oi ~• O F"' ..+ .s7 Q ~ c0 ~i', C U du cO •'>~ L :a 'L7 O -'D O ~ cd ~' L. •{~. O y~.~ ,++'n N r~ N n Cc1 .r... ^.~ U C°N "" '~-t •.OOi cd N L1. p O Y O~ •^~ A ^p, V ~O ~.r ,D cd •~ G •Cj ." ~ O •O N .~ U U i v.0 v~.' ] •5~ v a) ~" OD,~ ro V ~ N ,~-+' ~ ~' *' vl vi C ~. y ~ U ', ~ O .j ~ p a~i y .~ 4r O u a..r v U v +-+ ~ Q +'~ F+ ctl 3 .-~ ~. ~ ~ >~ ~ U '~° U ft7 •^ ~ .«m 73 ,~ ,, _ y - - _ - _ Attachment H ESE-EVE ~aR ~. szoio CITY MANAGER March 15, 201.0 Mr. John Brown, City Manager City of Petaluma 30 English Street . Petaluma, CA 94952 Dear John, Thank you for meeting with us last Thursday, March.ll, 2010,. to discuss the future plans for the 101 Casino, including. in the increase in tables from fifteen to eighteen to meet our patron needs, pursuant to local requirements. As you know, we cu[rently have eighteen tables. in our facility, with three tables that remain covered at all times to stay within the legal limit as provided by city ordnance and by the State of California. Currently,. we have an application pending with the state to increase our table limit to eighteen and wish to go through the process with the City of Petaluma to change the appropriate. ordnance and Conditional Use Permit (CUP) to allow us to operate at aneighteen-table limit, within city guidelines. In our discussions you have been most helpful, understanding that we have the capacity at our facility to accommodafe'the additional tables, since they are already in place, but three remain unused at all times. Additionally, you have been kind in expressing your satisfaction with the 101 Casino in Petaluma and your feeling that three additional tables will not present an additional burden of any'kind to city services. With this letterwe ask that vve be put. in contact with whomever we need to work with to process this request and also appreciate your willingness to move our request along as quickly as the schedule may allow. When we met you .indicated the possibility of a 45-day notification'period. We are hoping that within that timefrane we may also. have the opportunity'to process our request to completion, perhaps adminisfrativelyand without having to appear before commissions or council. Thank you in advance for your assistance with this matter and please do riot hesitate to email/call with any questions. cerely ou avid Tierney . Owner Representative/Designated Agent 515 P4OiVTE6t0 WAY; PETALIlMA, CA -94952 Phone: (707) 795-69.21 Fax: (707) 795-6925 N9a9ing Q-ddress:'P.O. BOX 751535, PETALUP7A, CA 94975 74 Attachment I May 3, 2010 Mr. Geoff Bradley Planning Department. City of Petaluma 30 English Street Petaluma, CA 94952 Dear Geoff, The attached project.package is submitted in connection with the request of the 101 Casino to expand from 15 tables to 18 tabies,:pursuant to local requirement`s, and to create an..opportunity to move the River Cardroom (owned by Jahn Park) to'a location within 1000 feet of the 101 Casino. As you know, we currently have eighteen tables in our 101 Casino facility, with three tables that remain covered at-all times to stay witbin the legal limit as provided by city ordnance. We wish to change that nurdber by going through a process with~the City of Petaluma to change the appropriate ordnance and to obtain a Conditional Use Permit (CUP) allowing us to operate at an eigbt~en-table limit, within city guidelines. In our discussions .you have been most helpful, understanding that we,bave the capacity at our facility to accornm-odate the:additional tables, since they are already in place, and tmderstanding out desire to expand,:as well. We would offer the following reasons for granting our request: •Our application falls within>city guidelines and purview. •We are an exemplary ,community partner. One that proyides:numerous employment opportunities for Petaluma residents, along with tax proceeds to city coffers. Expansion will create more jobs and revenue for the city, and since our players often visit from out: of the area, increased hotel occupancy, local dining and shopping in Petaluma. •Our security profile is the best in the legion and ourxelatonship with local law enforcement, particularly the Petaluma,Police Department, is superb. We have an extensive security program, including an array of cameras throughout and around the facility and we have had very few patron issues: Moreover, on more than one occasion we have beenhelpful to law enforcement, z5 utilizing our security capability to help the police address crime related issues in areas close to our location. •Opening additional tables toplay will not affect parking;in any way. G~irrently, we have enough .players on-site to fill more than eighteen tables. Players however, are currently waiting for a space to open at one of the fifteentables now available. 6We provide a safe gaming experience; along with~a sepazate family oriented dining experience offered at a very good price to residents; of Petaluma. ~We are a good community, citizen and partner; donating money to many local charities, including acting as a major sponsorfo help save the Butter°and Eggs Dayparade. •As part of the application: we will be working with theBuilding Department to rectify any and all pemutting issues. We look forwardto answering any questionsyou may have regaxding:processing our request. Thank you as always. sincerely yours, David Tierney Owner Representative and Designated Agent 10.1 Casino and River Cazdroom 5151 NiOINTERO VUAY, PETAUNiA ~- 94952 Phone: (707) 795=6121: Fax: (707) 795-6925 Mailing Address:: PO. BOX 751535, PE'f'ALUMA, ~A 94975 7~ Attachment J Chapter 9 CardFoom Establishments 9.010 -Definitions As used ih this chapter, the following words, phrases, and terms shall have the following meanings: A. Cardroom. Any room open to the public for'the lawful playing of cards;, regardless.of whether the tables, chairs, and other furniture and fixtures are temporary orpermanent or at mes used for other purposes. B. Chief of Police. The Chief of Police of the City or his authorized representative. C. City. The City of Petaluma, California. D. Conducted. Shall include the terms "operated", "engaged in", "allowed", "permitted" and "suffered" within its meaning. E. Conviction. A plea orverdict ofguilty or a conviction following a plea of nolo contendere. The record: of conviction of the crime shall be conclusive-evidence: of thefast that the conviction occurred, but only of thatfact, and the Chief of Police. may inquire into the circumstances surrounding the commission of the crime for purposes of applying the provisions of this ordinance. F. Dealer. Any individual dealing a gambling game, or who operates or manages such gsme'or games on a premises authorized underthis chapter. G. Exempt Organization. A nonprofit society, club, fraternal, labor, or other organization having adopted bylaws, duly elected officers andlor directors, and a bona fide membership which has applied for and obtained tax exempt status as.:an.exempt organization #rom the Franchise Tax~Board ofthe State of California and the Internal Revenue Service under the IntemaCRevenue Code of the United States. H. Financial Interest. Any direct or indirect interest in the management, .operation, ownership, profits or revenue (gross or net) of a.gaming club. A "directfinancial interest" means a monetary'investmerit in a gaming club or the premises and business,ente~prises directlyrelated.to it. An "indirectfiriancial interest" means owning one percent (1%) or more of any`entity, i.e., any business, corporation; partnership: or trust, that in turn has a direct financial interest in a Cardroom. The following are examples of indirect financial' interests: 1. The stock or other. securities of a corporation that owns a Cardroom. 2. A partnership intere5t,in~a partnership that owns a Cardroom.. 3. The interests of either or both the income beneficiaries. or remaindermen of a revocable or irrevocable Vustthatowns a cardroombrholds afinancial interesf in one. 4. Any;lease or othecrentaLagreemeritwith a Cardroom as a lessee or renter, the rental for which is based in any part on the`profits or revenue (gross or net) ofahe Cardroom. 5. Any loan made by a private lender to a Cardroom. 6. Any other interest in the management, operation, profit, revenue (gross or net) of a Cardroom. I. Gambling. The playing, for money or chips representing .money, or for any other thing of value, of those card .games which are not unlawful under the laws ofthe State of Galifomia. J. Gambling Licensee. Any person or persons who are currently licensed uhder Chapter 6.20 of the Petaluma Municipal Code. Ordinance No. 2300 N.C.S.' 63 ~7 played uvithin the:.cardroom, There are.no wagering limits established by this ordinance.for purposes of Business and Professions Codeaection 19860. A minimum. of two signs are to.be clearly and prominently posted within the cardroom and one sign on each table where a card game'is being played stating the minimum and maximum betting amount. 9.020 -Zones for cardroom Establishments cardroom establishments are permitted:only in the commercial zones C1, C2, M111A, MU1B,'MU2 and BP as idehtified by the Zoning Ordinance: No such establishment shall be pe"rmitted in any area outside of one of these commercial zones. 9.030 -Conditional Use Permit Required' It shall be unlawful forany person to estatilish~or operate, or cause or permitto be operated, any cardroom establishment without firs[ obtaining a cohditional use permit as defined and set forth in Sectioh 24:030 of the Petaluma Zoning Ordinance. Such permit shall not be denied. on the basis that. the business to 'be established is a cardroom establishment, if the establishment is in conformance with the requirements of this Chapter. 9.040 -Permit Application A. Any person, association, partnership, corporation, or other entity; desiring, .to obtain a cardroom estabGshmen[ conditional use permit shall file pan application°withthe Community Development DePartmerit oh a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee ih the amount established'by Ciry Council resolution. B. The application for a conditional use permit shall contain the following.information: 1. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall'set forth the name of the corporation;exactiy as sliown.,in its article of incorporation, the date .and place of .incorporation, the names and. addresses of the officers, directbrs, and each stocktiolderowning more than 10% of the stock of the corporation, If the applicantis a partnership, the app[ication shall set forth the name and. residence address, of each of the partners, including limited partners. If one or more ofi the partners is a corporation, the .provision of this. chapter pertaining to a corporate applicant shall apply. The applicant corporation. or partnership shall designate one of its officers or general partners to act as its responsible manager'officer. 2. Name, address and telephone number of the person who shall:manage and operate theestablishment for which the permit' is requested. The name and address of a. person authorized to accept service of legal notices. 3. -The proposed business home of the cardroom establishment and description of the type of games to be played. 4. Street address of the proposed cardroom establishment and the assessor parcel number for the property. 5. A plotplan for the property depicting the location of the building housing the cardroom establishment on the property. 6: Any other information reasonably necessary to accomplish the purposes of Gfiapter 9. 7. The<proposed and existing hours of operation shall be listed in an application for a new or amended conditionaluse permit. 8. A Potion, Safety and Seeurity Plan shall be prepared that includes but is not limited to, the periods oftime and staffing levels for security personnel, duties, responsibilities. and qualifications of security staff for review by the Chief of Police prior to scheduling the Conditional Use Permit before the Planning Ordinance No: 2300. N.C.S. 65 .1 9:052 - Conditional Use'Permit Conditions The Director of Planning may recommend conditioning the issuance of a cardroom conditional use permit by imposing reasonable conditions to insure compliance. with the provisions. of Chapter 9; and other sections of the .Petaluma Zoning Ordinance and Municipal Code. cardroom conditional use permits shallbe subject to annual review.by the Planning Commission. 9.054 -Conditional Use Permit-Valid for Specified Location/Esta6lishmentlPermittee Each permit issued pursuantto Chapter 9 is only valid: A. For the permittee specified in the conditional use permit application. B. For the business name'for thecardroom establishment listed in the conditional use permit application. C. The specific type of establishment described in the conditional use permit application. D. The specified location described in the conditional use permit. E. For the specified hours of operation as authorized in the approved Conditional Use Permit. F. When a Patron Safety and 'Security Plan has been submitted and reviewed and approved by the Police Department 9.056 -Sale or Transfer ofBusiness A. No conditional use,.permit issued pursuant to this article may be assigned or transferred without the prior written consideration and'approval of the Police Chief and Community Development:Director. The applicant shall apply for a transfer on a form. provided 6y the Community Development Directonand shall pay a nonrefundable application processingfiee inthe amount established by City Council resolution. Considerationof the sale or transfer shall be done in accordance with conditional; use permit procedures set forth in Section 24.030 of the Zoning Ordinance with the exception of Section 24.030(L} pertaining to transfer rights. B. Transferof partnership or cotpofate ownership. An application for'approval of a transfer of a conditional use permit shall be required, prior to any change in an interestin a partnership.or ownership of ten pereent'(10%} or more of the stock of a corporation to any person not listed. on the application. filed by said applicant pursuant to Section 9.040. C. An application for transfer of a cardroom conditional use permit may be.dened'for any of the grounds specified for denial of an ..original conditioral use permit application in section :9.050. Procedures for notice of denial of a transfer and appeal thereof shall be'iaentical to those procedures for denial of a conditional use permit application specified iirSection Z4,030(F). :9:058 -New .Conditional .Use Permit Required Anew conditional use permit isrequireii'in any,of the following situations: A. Prior to any change in the location of-the cardroom establishment; B. Prior to-the conversion of any existing cardroom establishment to any other type of cardroom establishment as described herein; C. Upon receiving approval from the Finance Department regarding a proposed name change, the Community Development. Department may approve the new- name. No change in ownership, location, size, operation andlor intensification of use can occurwith a name change proposal; D. Prior to the enlargement or'expansion of any existing cardroom including but not limited to physical expansion of the facility or expansion of the nature of the business, e.g., hours of operation, scope of activities, number of Ordinance No. 2300 N.C.S. 67 .~ c1 C. All indebtedness of the cardroom business exceeding one percent of the book value of the business shall. be disclosed in writing to the Chief of Police within ten ,days after such indebtedness exists, excluding indebtedness from commercial lending ihstitutiohs ortrade creditors. 9.110 -Operations. Regulations It is unlawful to operate a cardroom in violation of any of the following regulations: A. Physical Arrangements: 1. Not more than one cardroom shall be located atone address. 2. No establishment~licensed,as a cardroom shalC operate or maintain in use more tables for the playing of legal games than the numberfor which the conditional use permit authorizes and for which the business license tax has been paid. 3. Legal games shall be located and conducted on what is commonly known as the street- floor of the cardroom.. premises. 4. Legal games shall be located in one or more rooms and so arranged that the gaming tables in a room and the players at'the tables;shall be.plainly visible from the main doorway into such cardroom, and no wall, partition,. screen, or similar swcture between any main doorway into a cardroom and any gaming .table shall be permitted if it interferes.with uch vsibility,'exceptfor such other physical=arrangement of a .cardroom which has been approved by the Chief of Police. 5. During all hours of operation,'the outsitle doors to the cardroom and the main doors to the gaming rooms must tie unlocked-and accessible to the general public: . 6. cardroom facilities. may operate up io 24 hours a day, seven days a week as dictated by individual conditional use permits. 7. The legal gaming., areas~of the cardroom shall be separated from other;activities on the premises to the safisfaction of the Ctiefi'~f Police. 8. Any part and all of the cardroom shall be open to police inspection during all hours:of operation. 9. The maximum number of players;involved in legal gaming. atany onetime shall not exceed a total, of the number ten (10)'multplied by the maximum number of tables the licensee is authorized to operate under the conditional use permit. 10..Any deviation" ih the approved Patron Safety and Security Plan requires ah amended conditional use permit sothat the Police :and Community Development Departments can !review and approve any changes. This conditional use permit amendment can be approved by the Community Development :Director. However, this item may be brought to the Planning, Commission for review should there be a request#or a public hearing. B. Operations Procedures.. No licensee; agent, or employee of a licensee, shall: 1. Allow or permit money to be used as ante or bet in any legal game in any cardroom. Anteing or betting shall be done by using tokens, chips, or other representatives ofmoney. 2. Loan money or permit money to be loaned, with. or without security; to any persons, except to an identified house: player, as a stake in any legal game. Ordinance No. 2300 N.C.S. 69 a~ 9.130 -Special cardroom Fees Required The City Council may require the payment of impact fees as prescribed by Resolution upon the approval of a conditional use permit for the establishment or expansion of a cardroom. 9.140 -Loans Prohibited No cardroom licensee, nor any other person required to disclose information under this chapter, shall loan money or any other thing of value or representing value to any player at any game in a cardroom. 9.150- Notification of Terminated Employees .Every cardroom licensee shall notify the Chief of Police wfthintwo working days after any employee is terminated for any reason. 9.160 -House. Players A~cardroom licensee, or any persons. employed. by a cardroom licensee, when off-duty is nat required,to identify themselves as a house player when playing any game in any cardroom in the Ciry. 9.170 -Incentives Prohibited No cardroom licensee shall furnish any alcoholic beverages to any player in a cardroom, onto any ,person, as an inducement to play or to continue playing. The term"ihcentive" means without charge to-the recipient, or at'a price~or other consideration below that normally charged by the establishmentfiorsnch item. Ordinance No. 2300 N.C.S. ~~ $'