HomeMy WebLinkAboutOrdinance 2072 N.C.S. 06/15/1998 t
1 Jl1L 1 51998
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7 ORDINANCE NO. 2072 N.C.S.
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l0 Introduced by Councilmember Seconded by Councilmember
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12 Matt Ma~'uire Mary Stompe
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l4 AN ORDINANCE AMENDING SEVERAL SECTION OF THE PETALUMA ZONING
15 ORDINANCE 1070 N.C.S. TO PROVIDE REVISED REGULATIONS
16 CARDROOMS
17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
is FOLLOWS:
19
20 Section 1. On April 14, 1998, the Planning Commission held a duly noticed public
2l hearing on the proposed amendments to the City of Petaluma Zoning Ordinance.
22
23 Section 2. Following a public hearing, the Planning Commission recommended
24 approval of the amendments to the Petaluma Zoning Ordinance.
25
26 Section 3. The City Council finds that the amendments to the text of the Zoning
27 Ordinance are exempt from the requirements of the California Environmental Quality Act
28 (CEQA) under the General Rule, Section 15061 of the CEQA Guidelines, because these
29 changes represent minor modifications which are intended to clarify provisions,
30 streamline procedures and implement existing adopted regulations.
31
32 Section 4. The City Council further finds that the proposed amendments are in
33 general conformity with the intent, goals, policies and programs of the Petahima General.
34 Plan and any applicable plans to provide for orderly growth and development within the
35 C1ty.
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37 Section 5. The City Council further finds that the public necessity, convenience and
38 general welfare required or clearly permit. the adoption of the proposed amendments.
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4o NOW THEREFORE, BE IT RESOLVED, that the City Council hereby amends
41 Ordinance 1072 N.C.S. as follows:
42
43 Add to Section 1-203, Definitions, to read:
44
45 Ancillary Use. A use which is subordinate to the principal use. For the
46 purposes of determining subordinate use, the following may be considered
1
Ord. 2072 NCS Page 1 of 7
l in comparison to the principal use: intensity of activity, proportion of total
2 space utilized; hours of operation. etc.
4 Within Section 21-300, General Standards and Considerations Governing Conditional
5 Uses, add Section 21-301.5 to read:
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7 The intensity of activity.
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9 Add Section 21-303.5 to read:
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> > The proportion of total space utilized.
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l 3 Add to Section 21-420, Definitions, to read:
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15 K. "Hours of operation" means the hours that a cardroom may
16 operate. A cardroom may operate 24 hours a day, seven days a
17 week, or as authorized by the individual conditional use permit.
18
19 Re-letter the list of definitions with as shown below:
20
21 L. "House Player" means an employee engaged, financed, or paid by
22 the licensee for the purpose of starting and/or maintaining a
23 sufficient number of players in a card game.
24
25 M. "Interested Person" means any member, stockholder, officer,
26 director, partner, principal, associate, individual, trustee, or
27 combination thereof holding any financial interest in a licensee, or
28 who has the power to exercise influence over the operation of a
29 cardroom or a licensee.
30
31 N. "Legal Gaming" means any game played with cards or other
32 similar devices for currency, check, credit or other thing of value
33 which is not prohibited and made unlawful by Chapter 9
34 (commencing with Section 319) or Chapter 10 (commencing with
35 Section 330) of Title 9 of Part 1 of the Penal Code.
36
37 O. "License" means the license issued under Chapter 6.20 of the
;8 Petaluma Municipal Code by the City to an applicant permitting
39 the operation of a cardroom owned by the applicant.
40
41 P. "Licensee" means the individual or entity that owns a cardroom
42 and to whom a license to operate a cardroom has been issued by
43 the City.
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45 Q. "Manager" means anyone who represents the interest of the
46 licensee in the operation of a cardroom, whose duties include but
Ord. 2072 NCS Page 2 of 7
1 may not be limited to: (1) the making or changing of policy; (2)
2 approving credit; (3) hiring or firing of employees; (4) generally
3 exercising independent judgment in the operation of the cardroom.
4 A manager need not have a financial interest in the cardroom. A
5 manager must be an employee of the licensee, or if not an
6 employee, then a person having a financial interest as a partner, a
7 shareholder, or trustee of the cardroom (but not otherwise).
8
9 R. "Organized Crime" means a structured criminal syndicate
to composed of professional criminals who primarily rely on unlawful
11 activity as a way of life.
12
13 S. "Person" means and includes individual, partnership, corporation,
14 association, club, firm, or entity of any character whatsoever.
15
16 Add the following definition to read:
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18 T. A Patron Safety and Security Plan is that document which describes
19 the methods that are implemented and qualifications of the
20 permanent staff and use of contract personnel hired by the
21 cardroom owners, operators or managers to provide for the safety
22 and security of the cardroom patrons.
23
24 Re-letter the list of definitions as shown below:
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26 U. "Private Lender" means any person other than a state or federally
27 regulated bank or savings and loan association, a credit union, any
28 other recognized financial institution doing business with the public,
29 that has loaned or advanced, or is obligated to loan or advance
3o money to a cardroom if either the payment of interest or principal
31 of such loan is based in any part on the profits or revenue (gross or
32 net) of the cardroom, or by virtue of the loan, such person has the
33 power to exercise influence over the operation of a cardroom.
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35 V. "Qualified Transferor" shall mean: (1) a person, partnership, or
36 corporation holding a cardroom license; (2) a person holding stock
37 in a corporate licensee; and/or (3) a person having a partnership
38 interest in a partnership license.
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40 W. "Registrant" is any person who has filed an application under the
41 Gaming Registration Act of California (California Business and
42 Professions Code, Subsection 19800 et seq) hereafter "Gaming
43 Registration Act".
44
45 X. "Transfer of a Financial Interest" shall mean the assignment,
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Ord. 2072 NCS Page 3 of 7
1 Y. "Transfer of a License" shall mean the assignment, bequest,
2 conveyance, demise, gift, grant, lease, loan, sublease or transfer of a
3 cardroom license.
4
5 Add the following definition to read:
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7 Z. "Wagering Limits" is the minimum and maximum amount
8 established by the individual cardroom owner, operator or manager
9 that may be used for betting purposes for any game played within
1o the cardroom. A minimum of two signs are to be clearly and
11 prominently posted within the cardroom and one sign on each table
12 where a card game is being played stating the minimum and
13 maximum betting amount.
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15 Add Section 21-420.8(8)(7), Permit Application, to read:
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17 7. The proposed and existing hours of operation shall be listed
18 in an application for a new or amended conditional use
19 permit.
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21 Add Section 21-420.8(8)(8), Permit Application, to read:
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23 8. A Patron Safety and Security Plan shall be prepared that
24 includes, but is not limited to, the periods of time and
25 staffing levels for security personnel, duties, responsibilities
26 and qualifications of security staff for review by the Chief of
27 Police prior to scheduling the Conditional Use Permit before
28 the Planning Commission.
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3o Add Section 21-420.8(8)(9), Permit Application, to read:
31
32 9. If pertinent to the new or amended conditional use permit
33 application, wagering limits for the different games may be
34 requested by either the Police or Planning Departments.
35
36 Add Section 21-420.10(A)(7), Grounds for Conditional Use Permit DeniaURevocation, to
37 read:
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39 7. The Patron Safety and Security Plan has not been submitted
40 or has not been approved by the Police Department.
41
42 Add Section 21-420.10(A)(7), Grounds for Conditional Use Permit DeniaURevocation, to
43 read:
44
45 8. Wagering limits were not submitted, if pertinent to the
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1 Add Section 21-420.10(A)(7), Grounds for Conditional Use Permit Denial/Revocation, to
2 read:
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4 8. Wagering limits were not submitted, if pertinent to the
5 conditional use permit application.
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7 Amend Section 21-420.10(C), Grounds for Conditional Use Permit DeniaURevocation, to
8 read:
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1o C. A cardroom conditional use permit may be suspended for up to one
11 year or revoked for any of the reasons specified as grounds for
12 conditional use permit denial in .Section (A)(1-8) above.
13
14 Add Section 21-420.14(E) Conditional Use Permit Valid for Specified
15 Location/Establishment/Permittee, to read:
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17 E. For the specified hours of operation as authorized in the approved
18 CUP.
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20 Add Section 21-420.14(F) Conditional Use Permit Valid for Specified
21 Location/Establishment/Permittee, to read:
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23 F. When a Patron Safety and Security Plan has been
24 submitted and reviewed and approved by the Police Department.
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26 Amend Section 21-420.16, Sale or Transfer of Business, to read:
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28 A. No conditional use permit issued. pursuant to this article may be
29 assigned or transferred without the prior written consideration and
3o approval of the Police Chief and Planning Director. The applicant
31 shall apply for a transfer on a form provided by the Planning
32 Director and shall pay a nonrefundable application processing fee in
33 the amount established by City Council resolution. Consideration of
34 the sale or transfer shall be done in accordance with conditional use
35 permit procedures set forth in Section 26-500 of Zoning Ordinance
36 1072 N.C.S. with the exception of Section 26-511 pertaining to
37 transfer rights.
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39 Amend Section 21-420.18, New Conditional Use Permit Required, to read:
40
41 C. Upon receiving approval. from the Finance Department regarding a
42 proposed name change, the Planning Department may approve the
43 new name. No change in ownership, location, size, operation and/or
44 intensification of use can occur with a name change proposal.
45
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Ord. 2072 NCS Page 5 of 7
1 Section 21-420.8.
2
3 Add Section 21-420.18(F), New Conditional Use Permit Required, to read:
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5 F. Prior to any change to the Patron Safety and Security Plan.
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7 Delete Section 21-420.26(B), Limit on Locations and reletter Section 21-420.26 (C) to
s 21.420.26 (B)
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1o Add Section 21-420.30(A)(10), Operations Regulations, to read:
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12 Any deviation in the approved Patron Safety and Security Plan
13 requires an amended conditional use permit so that the Police and
14 Planning Departments can review and approve any changes. This
15 conditional use permit amendment can be approved by the Planning
16 Director. However, this item may be brought to the Planning
17 Commission for review should there be a request for a public
18 hearing .
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20 Amend Section 21-420.30(C)(1), General Requirements, to read:
21
22 a. The minimum and maximum wagering limits, time
23 charged, or other fee charged players for the use of
24 the tables;
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26 c. A copy of the current valid Gambling License issued
27 under the Gambling Control Act.
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29 Amend Section 21-420.30(C)(4)(a), General Requirements, to read:
30
31 a. The minimum and maximum wagering limits, time
32 charged, or other fee charged players for the use of
33 the tables.
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35 Add Section 21-420.30(C)(4)(d), General Requirements, to read:
36
37 d. Wagering limits shall be listed as part of the
3s information that shall be addressed in annual report
39 that is submitted to the Police Department.
ao
41 The declaration shall be accompanied by a complete copy of
42 all registration and re-registration applications (and exhibits)
43 filed by the licensee and all persons having a financial
44 interest in the licensee under the Gaming
45
6
,
1 Registration Act and Gambling Control Act; provided that
2 copies of a current Gambling License shall be filed
3 forthwith after their receipt with the Chief of Police if not
4 obtained by the time this declaration is filed, hereunder,
5 and each of which copies shall be declared by the registrant
6 under penalty of perjury to be a complete copy.
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8 21-420.40 House Players. A cardroom licensee, or any persons employed by a
9 cardroom licensee, when off-duty is not required to identify themselves as
1 o a house player when playing any game in any cardroom in the City.
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12
~3 INTRODUCED and ordered Posted/1~)~l!Ithis 1st day of June ,
14 1998.
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15 ADOPTED this 15th day of June 1998, by the following vote:
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18 AYES: Keller, Torliatt, Hamilton, Read, Stompe, Vice Mayor Maguire, Mayor Hilligoss
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20 NOES: None
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22 ABSENT: None
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24 ABSTAIN: None ' y
26 _ " ,ayor
27 r
28 ATTEST: APPROVED AS TO FORM:
29 7
31 City Clerk City Attorney
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34 a::Aed5\cardroom\cardord.doc
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Ord.. 2072 NCS Page 7 of 7