HomeMy WebLinkAboutOrdinance 2072 N.C.S. 06/15/1998i
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ORDINANCE NO. 2072 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Matt Mavuire
Mary Stompe
AN ORDINANCE AMENDING SEVERAL SECTION OF THE PETALUMA ZONING
ORDINANCE 1070 N.C.S. TO PROVIDE REVISED REGULATIONS
CARDROOMS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. On April 14, 1998, the Planning Commission held a duly noticed public
hearing on the proposed amendments to the City of Petaluma Zoning Ordinance.
Section 2. Following a public hearing, the Planning Commission recommended
approval of the amendments to the Petaluma Zoning Ordinance.
Section 3. The City Council finds that the amendments to the text of the Zoning
Ordinance are exempt from the requirements of the California Environmental Quality Act
(CEQA) under the General Rule, Section 15061 of the CEQA Guidelines, because these
changes represent minor modifications which are intended to clarify provisions,
streamline procedures and implement existing adopted regulations.
Section 4. The City Council further finds that the proposed amendments are in
general conformity with the intent, goals, policies and programs of the Petaluma General
Plan and any applicable plans to provide for orderly growth and development within the
City.
Section 5. The City Council further finds that the public necessity, convenience and
general welfare required or clearly permit the adoption of the proposed amendments.
NOW THEREFORE, BE IT RESOLVED, that the City Council hereby amends
Ordinance 1072 N.C.S. as follows:
Add to Section 1-203, Definitions, to read:
Ancillary Use. A use which is subordinate to the principal use. For the
purposes of determining subordinate use, the following may be considered
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in comparison to the principal use: intensity of activity, proportion of total
space utilized; hours of operation. etc.
Within Section 21-300, General Standards and Considerations Governing Conditional
Uses, add Section 21-301.5 to read:
The intensity of activity.
Add Section 21-303.5 to read:
The proportion of total space utilized.
Add to Section 21-420, Definitions, to read:
K. "Hours of operation" means the hours that a cardroom may
operate. A cardroom may operate 24 hours a day, seven days a
week, or as authorized by the individual conditional use permit.
Re -letter the list of definitions with as shown below:
L. "House Player" means an employee engaged, financed, or paid by
the licensee for the purpose of starting and/or maintaining a
sufficient number of players in a card game.
M. "Interested Person" means any member, stockholder, officer,
director, partner, principal, associate, individual, trustee, or
combination thereof holding any financial interest in a licensee, or
who has the power to exercise influence over the operation of a
cardroom or a licensee.
N. "Legal Gaming" means any game played with cards or other
similar devices for currency, check, credit or other thing of value
which is not prohibited and made unlawful by Chapter 9
(commencing with Section 319) or Chapter 10 (commencing with
Section 330) of Title 9 of Part 1 of the Penal Code.
O. "License" means the license issued under Chapter 6.20 of the
Petaluma Municipal Code by the City to an applicant permitting
the operation of a cardroom owned by the applicant.
P. "Licensee" means the individual or entity that owns a cardroom
and to whom a license to operate a cardroom has been issued by
the City.
Q. "Manager" means anyone who represents the interest of the
licensee in the operation of a cardroom, whose duties include but
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may not be limited to: (1) the making or changing of policy; (2)
approving credit; (3) hiring or firing of employees; (4) generally
exercising independent judgment in the operation of the cardroom.
A manager need not have a financial interest in the cardroom. A
manager must be an employee of the licensee, or if not an
employee, then a person having a financial interest as a partner, a
shareholder, or trustee of the cardroom (but not otherwise).
R. "Organized Crime" means a structured criminal syndicate
composed of professional criminals who primarily rely on unlawful
activity as a way of life.
S. "Person" means and includes individual, partnership, corporation,
association, club, firm, or entity of any character whatsoever.
Add the following definition to read:
T. A Patron Safety and Security Plan is that document which describes
the methods that are implemented and qualifications of the
permanent staff and use of contract personnel hired by the
cardroom owners, operators or managers to provide for the safety
and security of the cardroom patrons.
Re -letter the list of definitions as shown below:
U. "Private Lender" means any person other than a state or federally
regulated bank or savings and loan association, a credit union, any
other recognized financial institution doing business with the public,
that has loaned or advanced, or is obligated to loan or advance
money to a cardroom if either the payment of interest or principal
of such loan is based in any part on the profits or revenue (gross or
net) of the cardroom, or by virtue of the loan, such person has the
power to exercise influence over the operation of a cardroom.
V. "Qualified Transferor" shall mean: (1) a person, partnership, or
corporation holding a cardroom license; (2) a person holding stock
in a corporate licensee; and/or (3) a person having a partnership
interest in a partnership license.
W. "Registrant" is any person who has filed an application under the
Gaming Registration Act of California (California Business and
Professions Code, Subsection 19800 et seq) hereafter "Gaming
Registration Act
X. "Transfer of a Financial Interest" shall mean the assignment,
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Y. "Transfer of a License" shall mean the assignment, bequest,
conveyance, demise, gift, grant, lease, loan, sublease or transfer of a
cardroom license.
Add the following definition to read:
Z. "Wagering Limits" is the minimum and maximum amount
established by the individual cardroom owner, operator or manager
that may be used for betting purposes for any game played within
the cardroom. 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.
Add Section 21-420.8(B)(7), Permit Application, to read:
7. The proposed and existing hours of operation shall be listed
in an application for a new or amended conditional use
permit.
Add Section 21-420.8(B)(8), Permit Application, to read:
8. A Patron Safety and Security Plan shall be prepared that
includes, but is not limited to, the periods of time 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 Commission.
Add Section 21-420.8(B)(9), Permit Application, to read:
9. If pertinent to the new or amended conditional use permit
application, wagering limits for the different games may be
requested by either the Police or Planning Departments.
Add Section 21-420.10(A)(7), Grounds for Conditional Use Permit Denial/Revocation, to
read:
7. The Patron Safety and Security Plan has not been submitted
or has not been approved by the Police Department.
Add Section 21-420.10(A)(7), Grounds for Conditional Use Permit Denial/Revocation, to
read:
8. Wagering limits were not submitted, if pertinent to the
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Add Section 21-420.10(A)(7), Grounds for Conditional Use Permit Denial/Revocation, to
read:
8. Wagering limits were not submitted, if pertinent to the
conditional use permit application.
Amend Section 21-420.10(C), Grounds for Conditional Use Permit Denial/Revocation, to
read:
C. A cardroom conditional use permit may be suspended for up to one
year or revoked for any of the reasons specified as grounds for
conditional use permit denial in Section (A)(1-8) above.
Add Section 21-420.14(E) Conditional Use Permit Valid for Specified
Location/Establishment/Permittee, to read:
E. For the specified hours of operation as authorized in the approved
CUP.
Add Section 21-420.14(F) Conditional Use Permit Valid for Specified
Location/Establishment/Permittee, to read:
F. When a Patron Safety and Security Plan has been
submitted and reviewed and approved by the Police Department.
Amend Section 21-420.16, Sale or Transfer of Business, to read:
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 Planning Director. The applicant
shall apply for a transfer on a form provided by the Planning
Director and shall pay a nonrefundable application processing fee in
the amount established by City Council resolution. Consideration of
the sale or transfer shall be done in accordance with conditional use
permit procedures set forth in Section 26-500 of Zoning Ordinance
1072 N.C.S. with the exception of Section 26-511 pertaining to
transfer rights.
Amend Section 21-420.18, New Conditional Use Permit Required, to read:
C. Upon receiving approval from the Finance Department regarding a
proposed name change, the Planning Department may approve the
new name. No change in ownership, location, size, operation and/or
intensification of use can occur with a name change proposal.
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Section 21-420.8.
Add Section 21-420.18(F), New Conditional Use Permit Required, to read:
F. Prior to any change to the Patron Safety and Security Plan.
Delete Section 21-420.26(B), Limit on Locations and reletter Section 21-420.26 (C) to
21.420.26 (B)
Add Section 21-420.30(A)(10), Operations Regulations, to read:
Any deviation in the approved Patron Safety and Security Plan
requires an amended conditional use permit so that the Police and
Planning Departments can review and approve any changes. This
conditional use permit amendment can be approved by the Planning
Director. However, this item may be brought to the Planning
Commission for review should there be a request for a public
hearing .
Amend Section 21-420.30(C)(1), General Requirements, to read:
a. The minimum and maximum wagering limits, time
charged, or other fee charged players for the use of
the tables;
C. A copy of the current valid Gambling License issued
under the Gambling Control Act.
Amend Section 21-420.30(C)(4)(a), General Requirements, to read:
a. The minimum and maximum wagering limits, time
charged, or other fee charged players for the use of
the tables.
Add Section 21-420.30(C)(4)(d), General Requirements, to read:
d. Wagering limits shall be listed as part of the
information that shall be addressed in annual report
that is submitted to the Police Department.
The declaration shall be accompanied by a complete copy of
all registration and re -registration applications (and exhibits)
filed by the licensee and all persons having a financial
interest in the licensee under the Gaming
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Registration Act and Gambling Control Act; provided that
copies of a current Gambling License shall be filed
forthwith after their receipt with the Chief of Police if not
obtained by the time this declaration is filed, hereunder,
and each of which copies shall be declared by the registrant
under penalty of perjury to be a complete copy.
21-420.40 House Players. A cardroom licensee, or any persons employed by a
cardroom licensee, when off -duty is not required to identify themselves as
a house player when playing any game in any cardroom in the City.
INTRODUCED and ordered Posted/RxWithis 1st day of June
1998.
ADOPTED this 15th day of June , 1998, by the following vote:
AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
a::\ed5\cardroom\cardord. doc
APPROVED AS TO FORM:
City Attorney
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Ord. 2072 NCS
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