HomeMy WebLinkAboutOrd. No. 1999-1055
ORDINANCE NO. 1055
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 5.28 OF THE
LAKE ELSINORE MUNICIPAL CODE
REGARDING CARDROOMS
WHEREAS, Chapter 5.28 of the Lake Elsinore Municipal Code establishes regulations
for the operation of Cardrooms in the City; and
WHEREAS, the Gambling Control Act, California Business & Professions Code
Sections 18000, et seq., was recently amended to include certain additional requirements
regarding the regulation of gambling establishments by local jurisdictions; and
WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore
to amend Chapter 5.28 of the Lake Elsinore Municipal Code in order to comply with the
requirements of the Gambling Control Act; and
WHEREAS, the City Council of the City of Lake Elsinore specifically desires to amend
Chapter 5.28 of the Lake Elsinore Municipal Code in order to include provisions regarding
(1) wagering limits in Cardrooms, (2) the total number of card tables in each Cardroom, (3) the
total number of card tables in the City, (4) limiting the issuance of work permits to reflect the
restrictions set forth in Business & Professions Code Section 19850.A., and (5) the ability of the
Division of Gambling Control to object to an application for a work permit; and
WHEREAS, pursuant to State law and the request by the State Department of Justice,
Division of Gambling Control, such amendments must take effect not later than December 31,
1999.
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NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain
as follows:
Section 1.
to read as follows:
Section 5.28.140 of the Lake Elsinore Municipal Code is hereby amended
"5.28.140 Number of tables. No license or renewal thereof shall be issued for a
Cardroom with less than thirty (30) card tables or more than one hundred (100)
card tables. In addition, no more than five hundred (500) card tables are
authorized to operate in the City as a whole."
Section 2. Section 5.28.180 of the Lake Elsinore Municipal Code is hereby amended
to add the following:
"F. The Sheriff s Department shall deny an application for a work permit to
any applicant who is: (1) disqualified for any of the reasons set forth in
Business and Professions Code Section 19850A.(a); or (2) objected to by
the State Department of Justice, Division of Gambling Control and any
successor divisions or agents of the State of California that may have
responsibility for, and jurisdiction over, gambling control within the State.
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Section 3.
to read as follows:
Section 5.28.200 of the Lake Elsinore Municipal Code is hereby amended
"5.28.200 Location; Change of Location.
A. The location of Cardrooms shall comply with the Zoning Ordinance of the City of
Lake Elsinore and meet the requirements of this Chapter.
B. Any change in location of a Cardroom may be made only after written request by
the permittee/licensee to the City Clerk and approval of the new location by the
City Council."
CardroomOrdinance40 14.000
11/17/99
Section 4. A new Section 5.28.270 is hereby added to the Lake Elsinore Municipal
Code to read as follows:
"5.28.270 Wagering limits, house rules and posting requirements.
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B.
All table and wagering limits shall be fixed by the Cardroom in its
discretion and shall comply with all applicable federal, state and local
laws, ordinances and regulations.
There shall be posted in a conspicuous place in the Cardroom the
following:
(1) the minimum buy-in, wagering limits, and any and all charges or
other fees assessed players at a table;
(2) a set of detailed house rules applicable to the games played, which
shall be posted in the form of a printed rule book;
(3) a copy of the current valid city license/permit and the licensee's
current gambling license issued under the Gambling Control Act as
codified in Division 8, Chapter 5 of the California Business and
Professions Code;
(4) The hours during which the Cardroom will remain open for
business."
A.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Lake Elsinore hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that anyone or more section, subsection, sentence, clause, phrase or
portion may be declared invalid or unconstitutional.
_ Section 6. In accordance with the amendments to the Gambling Control Act and for
the immediate preservation of the public peace, health and safety, this Ordinance shall take effect
immediately upon passage by a four-fifths vote ofthe City Council.
PASSED, APPROVED AND ADO
,1999.
A'r~t:. .
'2)k U
Vicki Kasad, City Clerk
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UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
KELLEY, PAPE, SCHIFFNER, BRINLEY
NONE
METZE
NONE
CardroomOrdinance40 14.000
2
11/17/99
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
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I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Urgency Ordinance was introduced, read and approved by title only
on November 23, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
~MLERK
CITYQF LAKE ELSINORE
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(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1055 of said Council, and that the same has not been amended or repealed.
DATED:--November 24,1999
1- .'YI
VI~S~CLERK
CITY" OF LAKE ELSINORE
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(SEAL)