HomeMy WebLinkAboutOrdinance 2293 N.C.S. 11/19/2007 EFFECTIVE DATE ORDINANCE NO. 2293 N.C.S.
OF ORDINANCE
December 19, 2007
1 Introduced by Seconded by
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5 Mike O'Brien Teresa Barrett
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11 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
12 AMENDING PETALUMA ZONING ORDINANCE SECTIONS 21-420.2, 21-420.30
13 AND DELETING SECTION 21.420.20 PERTAINING TO CARD ROOMS
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16 WHEREAS, the Petaluma Municipal and Zoning Code contain provisions pertaining to the
17 regulation of card rooms; and,
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19 WHEREAS, letters have been received by the City of Petaluma (City) from the Attorney
20 General requesting that certain technical and substantive changes be made to the City's
21 existing ordinances; and,
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23 WHEREAS, the requested changes include amendments to the Petaluma Municipal
24 Code governing wagering limits in gambling establishments; and,
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2& WHEREAS, the position of the Attorney General is that the City's current ordinance fail to
27 comply with state law in that it either fails to mention wagering limits or delegates the setting of
28 such limits to individual gambling establishments; and,
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30 WHEREAS, the Attorney General has indicated he would deny a gambling license with
31 respect to any gambling establishment that is within the City if the City's ordinance does not
32 govern wagering limits in gambling establishments (by either prescribing maximum wagering
33 limits or specifying that there are no wagering limits); and,
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1 WHEREAS, the Gambling Control Commission placed a condition on a gambling
2 establishment located within the City whereby the license was conditioned upon the local
3 gambling ordinance coming into compliance with Gambling Control Act (Business and
4 Professions Code section 19860(a) (4)) within 12 months of issuance/renewal of said license; and,
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6 WHEREAS, the gambling establishment's license renewal may be impacted if the
7 ordinance is not revised per the Attorney General's interpretation of the Gambling Control Act;
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10 WHEREAS, there currently exists references in the current City ordinance to the now
11 repealed Gambling Registration Act that has been superseded by the Gambling Control Act;
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14 WHEREAS, the current Gambling Control Act requires local ordinances to either allow
15 public card rooms or private card rooms, but not both.
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17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
18 FOLLOWS:
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20 Section 1. The above recitations are true and correct.
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22 Section 2. Petaluma Municipal Code Section 21-420.2(W) is amended to read as follows:
23 "Registrant is any person who has filed an application under the 6~ Registration Gambling
24 Control Act of California (California Business and Professions Code section 19800 et seq.)
25 hereafter Gambling Control Act."
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27 Section 3. Petaluma Municipal Code Section 21-420.20 is hereby deleted in its entirety.
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29 Section 4. Petaluma Municipal Code Section 21-420.30(C) (1) (c) is amended to read as
30 follows: "A copy of the current valid gambling license issued under the 6~a+~~ Gambling
31 Control Act."
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1 Section 5. The last paragraph of Petaluma Municipal Code Section 21-420.30(C)(4) shall be
2 amended to read: "...The declaration shall be accompanied by a complete copy of all
3 registration and re-registration applications (and exhibits) filed by the licensee and all persons
4 having a financial interest in the licensee under the Gambling
5 Control Act shall be filed provided that copies of a current Gambling License shall be filed
6 forthwith after their receipt with the Chief of Police if not obtained by the time this declaration is
7 filed, hereunder, and each of which copies shall be declared by the registrant under penalty of
8 perjury to be a complete copy."
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10 Section 6. Petaluma Municipal Code Section 21-420.2(Z) is amended to read as follows:
11 "Wagering limits is the minimum and maximum amount that may be used for betting purposes
12 for any game played within the card room. There are no wagering limits established by this
13 ordinance for purposes of Business and Professions Code section 19860. A minimum of two signs
14 are to be clearly and prominently posted within the card room and one sign on each table
15 where a card game is being played stating the minimum and maximum betting amount."
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17 Section 7. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
18 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
19 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
20 validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
21 hereby declares that it would have passed and adopted this ordinance and each and all
22 provisions thereof irrespective of the fact that any one or more of said provisions be declared
23 unconstitutional, unlawful or otherwise invalid.
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25 Section 8. The City Council finds that adoption of this ordinance is exempt from the
26 California Environmental Quality Act ("CEQA"), pursuant to Section 15060(c) (3) (the activity is
Ordinance No. 2293 N.C.S. Page 3
1 not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the
2 California Code of Regulations).
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4 Section 9. This ordinance shall become effective thirty (30) days after the date of its
5 adoption by the Petaluma City Council. Said ordinance or a synopsis shall be posted and/or
6 published for the period and in the manner required by City Charter.
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8 INTRODUCED and ordered posted/e~ this Sth day of November, 2007.
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10 ADOPTED this 19th day of November, 2007 by the following vote:
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12 Ayes: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Torliatt
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14 Noes: None
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16 Abstain: None
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18 Absent.: None
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24 Pamela Torliatt, Mayor
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27 ATTEST: APPROVED AS TO FORM:
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31 Claire Cooper, City Clerk Eric W. Danly, City ney
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