HomeMy WebLinkAboutOrd 2023-3558
ORDINANCE NO. 3558
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 5.20.035 TO
AUTHORIZE A LICENSEE TO HOLD MORE THAN TWO
CITY LICENSES, SUBJECT TO THE MAXIMUM NUMBER OF
CITY LICENSES ALLOWED BY LAW
WHEREAS, cardrooms in the City are subject to the requirements set forth in Chapter 5.20
of the Chula Vista Municipal Code; and
WHEREAS, section 5.20.030 of the Chula Vista Municipal Code establishes the maximum
number of cardroom licenses that can be issued in the City, which is determined on the basis of
population; and
WHEREAS, section 5.20.035 of the Chula Vista Municipal Code currently provides that a
cardroom licensee can hold no more than two licenses unless otherwise permitted under the Chula
Vista Gaming Plan; and
WHEREAS, the City desires to amend section 5.20.035 to allow licensees to hold
additional licenses so long as the total number of licenses issued in the City, including consolidated
licenses counted as two separate licenses, does not exceed the maximum number permitted by
section 5.20.030.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. That Section 5.20.035 of Chapter 5 of the Chula Vista Municipal Code, is
hereby amended to read as follows:
5.20.035. Consolidation -- Permitted
Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding
the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City
Council may, in its sole discretion, grant additional licenses to a Person having an interest in or
holding a license to operate, any cardroom in the City, but then only in accordance with the
procedures set forth in this chapter and the Chula Vista gaming plan and only if the total number
of licenses issued, including consolidated licenses counted as two separate licenses, does not
exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. If such
application for an additional single license is granted, the maximum number of tables permitted in
the consolidation of two licenses is 12, unless otherwise provided by the Chula Vista gaming plan.
Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an
interest in, or hold, an existing license if said Person is a designated licensee, is presently married
to an existing licensee, the parent or child of an existing licensee, owns shares in a corporation that
owns a license, or has a partnership interest in a license, owns a partnership interest in a partnership
that owns a license or owns shares in a corporation that owns a license, or has some other relation
to a licensed cardroom as specified in the Chula Vista gaming plan.
Ordinance No. 3558
Page No. 2
Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever
a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to
operate an additional cardroom or acquires a financial interest in an additional cardroom.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause, or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or
phrases of the Ordinance be declared invalid, unenforceable, or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
\[SIGNATURES ON THE FOLLOWING PAGE\]
Ordinance No. 3558
Page No. 3
Presented by Approved as to form by
Eric Crockett Jill D.S. Maland
Deputy City Manager/Director of Economic Lounsbery Ferguson Altona & Peak
Development Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
th
California, this 28 day of November 2023, by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: Cardenas
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3558 had its first reading at a regular meeting held on the 14th day of November
2023, and its second reading and adoption at a regular meeting of said City Council held on the
28th day of November 2023 and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk