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HomeMy WebLinkAboutAgenda Packet 1995/11/28 Tuesday, November 28, 1995 6:00 p.m. 1. ROLL CALL: "I declare tln""r penalty of perjury that I am em .10 'e:! b, Le City of ellu:a Vista in the Od.lee 01 La :::i~y Clerk an'J tha~ I posted tis I\._cn,),~o,i..e on the Bulletin Board at the PU')l>c 'erv'ces 8u IJin: und at~~n" Council Chambers DATED, /1/.:I.21? SIGNED 81 0--- Puhlic Services Building Soecial Mealin. of the City of Chula Vista City Council CALL TO ORDER Councilmembers Alevy _. Moot _' Padilla _. Rindone _. and Mayor Horton _' 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. ORDINANCE 2655 BUSINESS AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE TO ALLOW IN CHULA VISTA ANY FORM OF GAMBLING ALLOWED AT ANY OTHER LOCATION WITHIN THE STATE SUBJECT TO APPROVAL OF AND QUALIFICATIONS UNDER A GAMBLING PLAN ADOPTED BY RESOLUTION OF THE COUNCIL (secnnd readine and adnotion) - It bas come to tbe attention of the City Attorney that the State has adopted SB 100 which will become effective on and after 1/ I /96 and which proports to prohihit cities from amending their gaming ordinance to expand gaming in that jurisdiction for at least three years, This prohihition on local control of gaming will probably be extended heyond 1999 if a comprehensive scheme for the regulation of gaming is allowed in the State. Staff recommends Council place the ordinance on second reading and adoption, (City Attorney) ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council'sjurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. OTHER BUSINESS 4. CITY MANAGER'S REPORTfS) a. Scheduling of meetings. 5. MAYOR'S REPORT(S) Agenda -2- November 28, 1995 6. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to the Regular City Council Meeting on December 5, 1995 at 4:00 p.m. in tbe City Council Chambers. * * * COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT * * * The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special acconunodations to access, attend, and/or participate in a City meeting, activity. or service request such accommodation at least forty-eight hours in advance for meetings and five days for scbeduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) (619) 585-5655. California Relay Service is also available for tbe bearing impaired. dJ-{J ORDINANCE NO. 2655 ~~ r\'~- rr<;fJ<( ORDINANCE OF THE CITY COUNCIL OF THE CITY OF~~ULA VISTA AMENDING CHAPTER 5.20 TO ALLOW IN CMP-A VISTA ANY FORM OF GAMBLING ALLOWED A~'NY OTHER LOCATION WITHIN THE STATE SUBJECT~ APPROVAL OF AND QUALIFICATION UNDER A GAMB~~LAN ADOPTED BY RESOLUTION OF THE COUNCIL. ~~. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 5.20 of the Municipal Code is hereby amended to read as follows: Sections: "Chapter 5.20 GAMBLING" Subchapter 1. Chula Vista Gaming Plan 5.20.001 Gaming Plan Adopted by Resolution. 5.20.002 All Gaming Allowed Subject to Gaming Plan 5.20.003 Effect of Adoption of Gaming Plan. 5.20.004 Inconsistencies with Chula Vista Gaming Plan 5.20.005 Savings Clause Subchapter 2. Cardrooms 5.20.010 5.20.020 5.20.030 5.20.035 5.20.040 5.20.050 5.20.060 5.20.070 5.20.080 5.20.090 5.20.100 5.20.110 5.20.120 5.20.130 5.20.140 5.20.150 5.20.160 5.20.170 5.20.180 5.20.190 Cardroom-Defined. License-Required-Issuance to person under certain age prohibited. License-Number permitted and transferability. Consolidation-Permitted. License-Initial issuance procedure. License-Tax and attaching of receipts. License-Applications required-Contents-Issuance prerequisites. Work permits required-Application contents-Investigation fee issuance-Period of validity. Identification badges to be worn. License-Grounds for revocation. Rules and Regulations generally. Games permitted-conditions. Hours and days of operation. Drinking of intoxicating beverages prohibited. Minors prohibited from patronage or employment. Maximum number of players per table. Maximum number of tables on premises-Arrangement. Supervision of game playing. Bets and wagers permitted when. Charges for game playing-Maximum designated. ~~ Ordinance 2655 Page 2 5.20.200 5.20.210 5.20.220 Subchapter 3. 5.20.230 Subchapter 4. 5.20.240 Subchapter 5. 5.20.250 Subchapter 6. 5.20.260 Subchapter 7. 5.20.270 5.20.001 Signs to be posted in cardroom-Contents License-Revocation criteria. License-Additional grounds for revocation. Horse and Dog Wagering On-Site and Satellite Horse and Dog Wagering Sports Book Sports Book Allowed Subject to Gaming Plan Casino Gaming Casino Gaming Allowed Subject to Gaming Plan Video Gaming Video Gaming Allowed Subject to Gaming Plan Other Gaming Other Gaming Allowed Subject to Gaming Plan Section 1. Chula Vista Gaming Plan Gaming Plan Adopted by Resolution. In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula Vista specifically by this chapter, the city council is hereby authorized to adopt by resolution after public hearing, and from time to time amend by resolution after public hearing, a gaming plan ("Chula Vista Gaming Plan", or alternatively "gaming plan") which gaming plan shall contain such provisions and regulations as the city council shall deem appropriate, including but not limited to, the following: 1. Types of gaming allowed, including but not limited to card games, on-site horse and dog wagering, sports book, casino games, video gambling, etc., 2. Hours and days of operations. 3. Location of gaming. 4. Auditing of gaming establishments. 5. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount Council deems appropriate. 6. Maximum number of players per table. 7. Bets and wagers permitted. 8. Charges for gaming. 9. Licensing, including number of licensees and consolidation. 10. Drinking of intoxicating beverages. 11 . Maximum number of tables on premises. 12. Every aspect of operation of gaming establishments. However, the Chula Vista Gaming Plan shall not allow any form or type of gaming within the city which is not allowed at least at one other location anywhere within the State of California, or federal or Native American enclave or reservation located within the Ordinance 2655 Page 3 jurisdictional boundaries of the state. Notwithstanding the foregoing, no gaming plan may be approved by the council without receipt and consideration by the council, at a public hearing, of the comments !Ind recommendations of the chief of police and the city manager; and no permit or license thereunder may be issued without the concurrence of both the chief of police and the city council. The gaming plan shall have, at a minimum, a provision that requires permits to be issued to specific operators and makes it mandatory that the permit issuing authority is vested in both the chief of police and the city council jointly. 5.20.002 All California Gaming Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all gaming lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and is permitted. on the condition it complies with, is consistent with, and is permitted by and under the Chula Vista Gaming Plan, as same may be adopted and amended by resolution from time to time. 5.20.003 Preeminence and Priority of Gaming Plan. Notwithstanding anything else in this chapter to the contrary, all gaming and any operational controls thereon which may be allowed pursuant to the Chula Vista Gaming Plan shall be deemed to be allowed by this chapter of the Municipal Code, and by the enacting ordinance without further amendment of said code or ordinance as if same were contained herein. 5.20.004 Inconsistencies with Chula Vista Gaming Plan Any inconsistencies between the provisions of this chapter and the Chula Vista Gaming Plan shall be governed by the provisions of the Chula Vista Gaming Plan. 5.20.005 Savings Clause If any part of this chapter is held for any reason to be illegal, it is the intent of the council and city that each and every remaining provision hereof not held illegal shall be legal and remain in full force and effect despite the declaration of illegality as to such part. 5.20.006 Characterization of Gaming Plan The Chula Vista Gaming Plan, when and if adopted, shall not be deemed to be an ordinance of the city, but instead shall, for all intents and purposes, be deemed to be a resolution of the city. Ordinance 2655 Page 4 Subchapter 2. Cardrooms 5.20.010 Cardroom-Defined. Unless otherwise expanded by the Chula Vista Gaming Plan, for the purpose of this chapter, a "cardroom" is defined to be any space, room or enclosure furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games, and the use of which is available to the public. (Ord 2112 ~ 1, 1985; Ord 1305 ~2 (part), 1970; prior code ~9.101). 5.20.020 License-Required-Issuance to person under certain age prohibited. Unless otherwise allowed by the Chula Vista Gaming Plan, it is unlawful for any person, for himself or for any other person, firm or corporation, to engage in or carryon, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the city without first having secured a license from said city so to do, according to each and every requirement of this chapter or without complying with each and every regulation pertaining to such cardroom. Unless otherwise allowed by the Chula Vista Gaming Plan, it is unlawful for any person to maintain or operate any card table in connection with any cigar store, pool or billiard hall or any other business, or a room in which card tables are maintained in the city without such person first having obtained from the council a license authorizing such person to maintain and operate such card table or tables or card table business. Unless otherwise allowed by the Chula Vista Gaming Plan, no license shall be issued to any person under the age of twenty-one years. (Ord. 1305 ~2 (part), 1970; prior code ~9.1 02(1)). 5.20.030 License-Number permitted and transferability. Unless otherwise allowed by the Chula Vista Gaming Plan, the number of licenses authorized for issuance under the provisions of this chapter shall be limited, based upon the population of the city as shown upon the population certified by the state Department of Finance. Unless otherwise allowed by the Chula Vista Gaming Plan, the number so authorized shall be one per forty thousand residents or any fraction thereof. Unless otherwise allowed by the Chula Vista Gaming Plan, all such licenses shall be issued in accordance with the provisions of this chapter; provided, however, unless otherwise provided by the Chula Vista Gaming Plan, those persons holding a license to conduct cardroom operation upon the effective date of this section may continue to hold such licenses subject to the revocation provisions set forth in this chapter. Unless otherwise allowed by the Chula Vista Gaming Plan, any license issued pursuant to this chapter may be transferred upon the approval of the chief of police to a person meeting all of the requirements for the initial issuance of such a cardroom license, subject to the ratification of the city council which approval may be withheld in the sole discretion of the chief of police and which ratification may be withheld in the sole discretion of the city council, and such approval and ratification may, but is not required to, be based entirely or in part on the assessment by the chief of police or, as Ordinance 2655 Page 5 applicable, the city council, of the character of the proposed licensee, or when, in the opinion of the approving or ratifying entity, there appears to be good cause why such person should not operate a cardroom; provided, however, that, unless otherwise provided by the Chula Vista Gaming Plan, with the exception of those licenses which have been issued prior to the effective date of the ordinance set forth in this section and Section 5.20.040, no license may be so transferred unless the holder thereof has been operating a cardroom for three years at a fixed location in the city. For the purposes of this section, unless otherwise provided by the Chula Vista Gaming Plan, it shall be deemed to be a transfer of a license requiring approval of the chief of police and ratification by the city council if a shareholder of a corporate licensee transfers any shares in the corporate licensee. Unless otherwise provided by the Chula Vista Gaming Plan, it shall also be deemed to be a transfer of a license requiring ap- proval of the chief of police and ratification by the city council if a partner of a partnership licensee transfers all or any portion of his or her partnership interest. (Ord. 2528 ~ 1 (part), 1992; Ord. 2347 ~1, 1990; Ord. 2150 ~1 (part), 1986; Ord. 1738 ~1 (part). 1977; Ord. 1305 ~2 (part), 1970; prior code ~9.1 02(2)). 5.20.035 Consolidation-Permitted. Unless otherwise expanded or provided by the Chula Vista Gaming Plan, notwithstanding the provisions of Section 5.20.160 regarding the maximum number of tables on premises, the city council may, in their sole discretion, grant one additional license, but no more than one (unless otherwise allowed by the Chula Vista Gaming Plan) to a person having an interest in or holding a license to any cardroom in the city but then only in accordance with the procedures set forth in this chapter or the Chula Vista Gaming Plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by Section 5.20.030 or the gaming plan. If suoh application for an additional single license is granted, the maximum number of tables permitted in the consolidation of two cardrooms is twelve (12) unless otherwise provided by the Chula Vista Gaming Plan. No licensee may obtain or have issued more than two licenses 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, if they are presently married to an existing licensee, if they are the parent or child of an existing licensee, if they own shares in a oorporation that owns a license or has a partnership interest in a license, if they own a partnership interest in a partnership that has a license or owns shares in a corporation that owns a license or if some other relation as specified in the Chula Vista Gaming Plan exists. 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. (Ord. 2528 ~ 1 (part), 1992; Ord. 2364 ~ 1, 1990; Ord. 234 7 ~ 1, 1990; Ord. 2015 ~ 1 (part). 1982). 5.20.040 license-Initial issuance procedure. 1" " Ordinance 2655 Page 6 Unless otherwise allowed by the Chula Vista Gaming Plan, all licensees shall comply with the provisions of this chapter or such other provisions set forth in the Chula Vista Gaming Plan. Any applicants requesting a license as permitted in Section 5.20.030 shall pay a nonrefundable fee as presently designated, or as may in the future be amended by resolution, in the master fee schedule, Section 5.20.040, or the gaming plan, to cover the cost of investigation. Unless otherwise provided by the Chula Vista Gaming Plan, no applicant requesting a license pursuant to this section may have any financial or other interest as set forth in Section 5.20.035 in any other cardroom license, or application pending therefore. Unless otherwise provided by the Chula Vista Gaming Plan, each application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. The initial period for issuance of new cardroom licenses shall be the month of May, 1977, and in the month of May in subsequent years should there be additional licenses available. After the termination of the open period in May, no further licenses shall be issued until the succeeding open period unless otherwise provided by the Chula Vista Gaming Plan. Unless otherwise provided by the Chula Vista Gaming Plan, in the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in Section 5.20.030, based upon population, the chief of police shall conduct a public lottery to select those applicants who shall be investigated to determine if they are qualified to be issued any available cardroom licenses as approved by the chief of police, subject to ratification of the city council. Upon the issuance of available cardroom licenses, the chief of police shall authorize the refund of any application fee to any persons who were not subject to investigations unless otherwise provided by the Chula Vista Gaming Plan. (Ord. 2528 ~ 1 (part), 1992; Ord. 2506 ~ 1 (part). 1992; Ord. 2408 ~ 1 (part), 1990; Ord. 2015 ~ 1 (part), 1982; Ord. 1961 ~ 1 (part). 1982; Ord. 1738 ~ 1 (part), 1977; Ord. 1305 ~2 (part), 1970; prior code ~9.1 02(3)). 5.20.050 license-Tax and attaching of receipts. Unless otherwise provided by the Chula Vista Gaming Plan, the license tax for maintaining or operating any card table or card table business in the city is payable quarterly in advance and fixed at a sum as presently designated, or as may in the future be amended, in the Master Tax Schedule, Section 5.20.050, or the Gaming Plan. Unless otherwise provided by the Chula Vista Gaming Plan, the city finance officer shall issue a receipt for each separate card table license as in this section required, and such receipt shall be attached to such card table and preserved thereon during the full term for which such receipt was issued. (Ord. 2408 ~1 (part). 1990; Ord. 1305 ~2 (part). 1970; prior code ~9.102(4)). 5.20.060 license-Application required-Contents-Issuance prerequisites. Unless otherwise provided by the Chula Vista Gaming Plan, an applicant for a cardroom license shall submit his application to the chief of police, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the business. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application. The " Ordinance 2655 Page 7 term "persons financially interested" shall include all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors, lessees, the owner or owners of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. (Ord. 2528 ~ 1 (part). 1992; Ord. 1969 ~ 1 (part). 1982; Ord. 1305 ~2 (part), 1970; prior code ~9.1 02(5)). 5.20.070 Work permits required-Application contents-Investigation fee- Issuance-Period of validity. A. The manager of a cardroom, if he is other than the person or persons whose names appear on the application for the cardroom license, must obtain a work permit from the chief of police. He shall submit his application for such work permit to the chief of police, which application shall be under oath and shall include, among other things, the past criminal record, if any, of the applicant and shall be accompanied by the fingerprints of the applicant. An application for a manager work permit shall be accompanied by the required feels) or the required renewal feels). The work permit, when issued, shall be valid for one year. The chief of police may deny such work permit, if, in his opinion, the applicant therefor should not be permitted to act as manager in lieu of management by the licensee of the cardroom. B. Employees in card rooms must obtain a work permit from the chief of police. Applications for such work permits shall be submitted under oath and contain such information as may be deemed by the chief of police to be necessary to determine whether the applicant is a proper person to be employed in a cardroom. The chief of police may deny such work permit if, in his opinion, the applicant therefor should not be permitted to be employed in a cardroom. Each application for a work permit shall be accompanied by the required feels)' or the required renewal feels). Such permits shall be valid for one year. C. The provisions of this section may be modified by the Chula Vista Gaming Plan. (Ord. 2506 ~ 1 (part), 1992; Ord. 2408 ~ 1 (part), 1990; Ord. 1969 ~ 1 (part). 1982; Ord. 1961 ~1 (part). 1982; Award 1680 ~1 (part), 1976; Ord. 1305 ~2 (part), 1970; prior code ~9.1 02(6)). 5.20.080 Identification badges to be worn. Every manager and employee of a cardroom licensed according to the provisions of this chapter shall, at all times when present in such card rooms, wear an identification badge containing his photograph, age, address and description of such individual. The provisions of this Section may be modified by the Chula Vista Gaming Plan. (Ord. 2005 ~ 1, 1982; Ord. 1305 ~2 (part), 1970; prior code ~9.102(7)). 5.20.090 License-Grounds for revocation. Licenses for cardrooms may be revoked in the manner and for the reasons set forth in Ordinance 2655 Page 8 Section 5.02.180 et seq. of this code and for the further reason consisting of a violation of any of the provisions of this chapter, or for allowing persons other than those named in the application on file with the city council to own an interest in or have direct management of such cardroom; provided however, that direct management of such cardroom may be accomplished by the employment of a manager pursuant to the provisions of 'Section 5.20.070; for maintaining a greater number of tables than the number set forth in the application; or for maintaining such cardroom business upon premises which are or have become unsuitable or an improper place therefor. The provisions of this Section may be modified by the Chula Vista Gaming Plan. (Ord. 1305 ~2 (part). 1970; prior code ~9.1 02(8)). 5.20.100 Rules and regulations generally. It is unlawful to operate a cardroom in violation of any of the regulations and rules set forth in the Chula Vista Gaming Plan, or Sections 5.20.110 through 5.20.200 herein, unless otherwise allowed or regulated by the Chula Vista Gaming Plan. (Ord. 1305 ~2 (part). 1970; prior code ~9.1 03 (part)). 5.20.110 Games permitted-conditions. Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more restrictive than the provisions hereof, all card games which have been determined by the attorney general to be within the permissible subject of local licensing by California cities may be played in any licensed cardroom on the following conditions, except that pai-gow, Super Pan, California 22 and panguingue may not be played unless they are permitted to be played under the terms and conditions set forth in the Chula Vista Gaming Plan: 1. A written set of rules ("games rules") for a proposed card game are on file with the city and have been approved, in writing, by the chief of police at the time of playing the game. Said approval may be amended, conditioned or revoked from time to time in the sole discretion of the chief of police. 2. A copy of the approved game rules showing thereon the approval of the chief of police are posted in the cardroom in a conspicuous place readily available to the patrons or prospective patrons and visible from any seat at any card table on the premises. 3. The game is played strictly according to said game rules. Variations of the game, unless specifically described in the game rules, shall not be allowed. (Ord. 2528 ~ 1 (part), 1992; Ord. 1305 ~2 (part). 1970; prior code ~9.1 03(1)). 5.20.120 Hours and days of operation. Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more Ordinance 2655 Page 9 restrictive than the provisions hereof, licensed card rooms may operate seven days a week, 24 hours per day. Until adoption of the Chula Vista Gaming Plan, no card table licensed under the provisions of this code which is maintained or operated in connection with any other business shall be used for any card game from one o'clock a.m. to nine o'clock a.m. of any day and all places which are devoted exclusively to the operation or maintenance of a card table business shall be kept closed each day from one o'clock a.m. to nine o'clock a.m; and no card table shall be used for any card game on Sunday except from midnight until one a.m. (Ord. 2528 ~ 1 (part), 1992; Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(2)). 5.20.130 Drinking of intoxicating beverages prohibited. Unless otherwise allowed by the Chula Vista Gaming Plan, no license shall permit the drinking of any intoxicating liquor in the premises licensed under the provisions of this code. (Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(3)). 5.20.140 Minors prohibited from patronage or employment. No person under twenty-one years of age shall be permitted to play any game at any card table in the city. No person under twenty-one years of age shall be employed where any card table is maintained in the city unless otherwise allowed by the Chula Vista Gaming Plan. (Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(4)). 5.20.150 Maximum number of players per table. Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more restrictive than the provisions hereof, there shall be no limit on !lets er "NallerS the number of olavers oermitted at anvone cardtable in any game. Until the adoption of the Chula Vista Gaming Plan, no more than eight players shall be permitted at anyone card table. (Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(5)). 5.20.160 Maximum number of tables on premises-Arrangement. Unless otherwise allowed by the Chula Vista Gaming Plan, no more than eight (8) tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, twelve (12) tables shall be permitted, and said playing area shall be located on the ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom, unless otherwise allowed by the Chula Vista Gaming Plan. The holder of a cardroom license may appeal the visibility requirement to the zoning administrator. (Ord. 2528 ~ 1 (part), 1992; Ord. 2347 ~3, 1990; Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(6)). 5.20.170 Supervision of game playing. Ordinance 2655 Page 1 0 All cardrooms and/or card tables licensed under the provisions of this chapter shall be supervised by the operator or an employee of the operator of the cardroom, to assure that games played on said tables are played strictly in accordance with the terms of this chapter and the provisions of the Penal Code of the state of California. The provisions of this Section may be modified by the Chula Vista Gaming Plan. (Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(7)). 5.20.180 Bets and wagers permitted when. Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more restrictive than the provisions hereof, there shall be no limit on bets or wagers in any game. Until adoption of the Chula Vista Gaming Plan, no bet or wager in any game shall exceed the sum of thirty dollars, and only table stakes shall be permitted, and no jackpots shall be allowed unless otherwise allowed. (Ord. 2528 ~ 1 (part), 1992; Ord. 1952 ~ 1 (part), 1981; Ord. 1305 ~2 (part), 1970; prior code ~9.1 03(8)). 5.20.190 Charges for game playing-Maximum designated. Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula Vista Gaming Plan if more restrictive than the provisions hereof, there shall be no limit on the charge which may be collected from any player for the privilege of participating in any game. Until the adoption of the Chula Vista Gaming Plan, no charge in excess of thirty-seven and a half cents ($.375) per hand per player shall be collected from any player for the privilege of participating in any game. (Ord. 2528 ~1 (part), 1992; Ord. 1952 ~1 (part), 1981; Ord. 1305 ~2 (part), 1970; prior code ~9. 1 03(9)). 5.20.200 Signs to be posted in cardroom-Contents. Unless otherwise allowed by the Chula Vista Gaming Plan, there shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating which games have been approved for play at said cardroom by the chief of police or Chula Vista Gaming Plan, and stating the charge per hour exacted from each player for the privilege of playing. In addition to the foregoing, each table shall identify by prominent sign located thereon the game which is currently being played at said table unless otherwise allowed by the Chula Vista Gaming Plan. (Ord. 2528 ~ 1 (part), 1992; Ord. 1305 ~2 (part), 1970; prior code ~9.103(10)). 5.20.210 license-Revocation criteria. licenses for card rooms may be revoked in the manner and for the reasons set forth in Section 5.02.180 et seq. of this code or the Chula Vista Gaming Plan, and for any violation of any of the provisions of this chapter or the gaming plan. The city may, but is not required, to impose a fine in lieu of revocation or institute such other remedy as is permitted in the Ordinance 2655 Page 11 Gaming Plan. (Ord. 2528 ~1 (part), 1992; Ord. 782 (part), 1962; prior code ~9.21). 5.20.220 License-Additional grounds for revocation. Unless otherwise allowed by the Chula Vista Gaming Plan, additional grounds for revocation shall include: A. Allowing persons other than those named in the application on file with the city council to own an interest in, or have direct management of, such cardroom; B. Maintaining a greater number of tables than the number set forth in the application; C. Maintaining such cardroom business upon premises which are or have become unsuitable or an improper place therefor. D. Violation of the provisions of the gaming plan. (Ord. 782 (part), 1962; prior code ~9.22). Subchapter 3. Horse and Dog Wagering 5.20.230 On-Site and Satellite Horse and Dog Wagering Notwithstanding anything else to the contrary herein contained, all horse and dog wager, whether on-site or by satellite, lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and is permitted. All such horse and dog wagering, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the city to engage in sports book wagering and be conducted pursuant to the rules and regulations of the city as may be set forth in the Chula Vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The gaming plan shall further define horse and dog wagering if same is regulated thereunder. Subchapter 4. Sports Book 5.20.240 Sports Book Wagering Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all sports book wagering lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and is permitted. All such sports book wagering, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the City to engage in sports book wagering and be conducted pursuant to the rules and regulations of the city as may be set forth in the Chula Vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The gaming plan shall further Ordinance 2655 Page 1 2 define sports book wagering if same is regulated thereunder. Subchapter 5. Casino Gaming 5.20.250 Casino Gaming Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all casino gaming lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and is permitted. All such casino gaming, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the city and be conducted pursuant to the rules and regulations of the city as may be set forth in the Chula Vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The gaming plan shall further define casino wagering if same is regulated thereunder. Subchapter 6. Video Gaming 5.20.260 Video Gaming Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all video gaming lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and is permitted. All such video gaming, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the city and be conducted pursuant to the rules and regulations of the city as may be set forth in the Chula Vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The gaming plan shall further define video gaming if same is regulated thereunder. Subchapter 7. Other Gaming 5.20.270 Other Gambling Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all gambling lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and is permitted. All such other gambling, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the city and be conducted pursuant to the rules and regulations of the city as may be set forth in the Chula Vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The gaming plan shall further define such other gambling if same is regulated thereunder. " Presented by: Approved as to form by: Richard P. Emerson Chief of Police Ordinance 2655 Page 1 3 Bruce M. Boogaard City Attorney ORDINANCE NO. ;( ~.55' A<\O~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~~,\ CHULA VISTA AMENDING CHAPTER 5.20 TO ALLOW IN .~~ ~V- CHULA VISTA ANY FORM OF GAMBLING ALLOWED AT ~' ANY OTHER LOCATION WITHIN THE STATE SUBJE~~~~ APPROVAL OF AND QUALIFICATION UNDER A GJ\t4J:W!t"NG PLAN ADOPT.ED BY RESOLUTION OF THE ~?.~YL. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: section 1. section 5.20 of the Municipal Code is hereby amended to read as follows: "Chapter 5.20 sections: Subchapter 1. 5.20.001 5.20.002 5.20.003 5.20.004 5.20.005 Subchapter 2. 5.20.010 5.20.020 5.20.030 5.20.035 5.20.040 5.20.050 5.20.060 5.20.070 5.20.080 5.20.090 5.20.100 5.20.110 5.20.120 5.20.130 5.20.140 5.20.150 GAMBLING8 Chula vista Gaming Plan Gaming Plan Adopted by Resolution. All Gaming Allowed Subject to Gaming Plan Effect of Adoption of Gaming Plan. Inconsistencies with Chula vista Gaming Plan savings Clause Cardrooms Cardroom-Defined. License-Required-Issuance to person under certain age prohibited. License-Number permitted and transferability. Consolidation-Permitted. License-Initial issuance procedure. License-Tax and attaching of receipts. License-Applications required-con tents-Issuance prerequisites. Work permits required-Application contents-Investigation fee issuance-Period of validity. Identification badges to be worn. License-Grounds for revocation. Rules and Regulations generally. Games permitted-conditions. Hours and days of operation. Drinking of intoxicating beverages prohibited. Minors prohibited from patronage or employment. Maximum number of players per table. 1 5.20.160 5.20.170 5.20.180 5.20.190 5.20.200 5.20.210 5.20.220 Subchapter 3. 5.20.230 subchapter 4. 5.20.240 Subchapter 5. 5.20.250 Subchapter 6. 5.20.260 Subchapter 7. 5.20.270 Maximum number of tables on premises-Arrangement. supervision of game playing. Bets and wagers permitted when. Charges for game playing-Maximum designated. Signs to be posted in cardroom-Contents License-Revocation criteria. License-Additional grounds for revocation. Horse and Dog wagering On-site and Satellite Horse and Dog Wagering sports Book sports Book Allowed subject to Gaming Plan Casino Gaming Casino Gaming Allowed Subject to Gaming Plan Video Gaming video Gaming Allowed subject to Gaming Plan Other Gaming Other Gaming Allowed subject to Gaming Plan section 1. Chula vista Gaming Plan 5.20.001 Gaming Plan Adopted by Resolution. In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed in Chula vista specifically by this Chapter, the City Council is hereby authorized to adopt by resolution after public hearing, and from time to time amend by resolution after public hearing, a gaming plan ("Chula vista Gaming Plan", or alternatively "Gaming Plan") which Gaming Plan shall contain such provisions and regulations as the City council shall deem appropriate, including but not limited to, the following: 1. Types of gaming allowed, including but not limited to card games, on-site horse and dog wagering, sports book, casino games, video gambling, etc., 2. Hours and days of operations. 3. Location of gaming. 4. Auditing of gaming establishments. 5. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an amount Council deems appropriate. 6. Maximum number of players per table. 7. Bets and wagers permitted. 8. Charges for gaming. 9. Licensing, including number of licensees and consolidation. 2 10. Drinking of intoxicating beverages. 11. Maximum number of tables on premises. 12. Every aspect of operation of gaming establishments. However, the Chula vista Gaming Plan shall not allow any form or type of gaming within the City which is not allowed at least at one other location anywhere within the state of California, or federal or Native American enclave or reservation located within the jurisdictional boundaries of the state. Notwithstanding the foregoing, no Gaming Plan may be approved by the Council without receipt and consideration by the council, at a pUblic hearing, of the comments and recommendations of the Chief of Police and the City Manager; and no permit or license thereunder may be issued without the concurrence of both the Chief of Police and the City Council. The Gaming Plan shall have, at a minimum, a provision that requires permits to be issued to specific operators and makes it mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council jointly. 5.20.002 All California Gaming Allowed SUbject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all gaming lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the city of Chula vista and shall be and is permitted, on the condition it complies with, is consistent with, and is permitted by and under the Chula vista Gaming Plan, as same may be adopted and amended by resolution from time to time. 5.20.003 Preeminence and priority of Gaming Plan. Notwithstanding anything else in this Chapter to the contrary, all gaming and any operational controls thereon which may be al- lowed pursuant to the Chula vista Gaming Plan shall be deemed to be allowed by this Chapter of the Municipal Code, and by the enacting Ordinance without further amendment of said Code or Ordinance as if same were contained herein. 5.20.004 Inconsistencies with Chula vista Gaming Plan Any inconsistencies between the provisions of this Chapter and the Chula vista Gaming Plan shall be governed by the provisions of the Chula vista Gaming Plan. 5.20.005 Savings Clause If any part of this Chapter is held for any reason to be illegal, it is the intent of the Council and City that each and every remaining provision hereof not held illegal shall be legal 3 and remain in full force and effect despite the declaration of illegality as to such part. 5.20.006 Characterization of Gaming Plan The Chula vista Gaming Plan, when and if adopted, shall not be deemed to be an ordinance of the city, but instead shall, for all intents and purposes, be deemed to be a resolution of the city. Subchapter 2. Cardrooms 5.20.010 Cardroom-Defined. Unless otherwise expanded by the Chula vista Gaming Plan, for the purpose of this chapter, a "cardroom" is defined to be any space, room or enclosure furnished or equipped with a table used or intended to be used as a card table for the playing of cards and similar games, and the use of which is available to the public. (Ord. 2112 Sl, 1985; Ord. 1305 S2 (part), 1970; prior code S9.101). 5.20.020 License-Required-Issuance to person under certain age prohibited. Unless otherwise allowed by the Chula vista Gaming Plan, it is unlawful for any person, for himself or for any other person, firm or corporation, to engage in or carryon, or to maintain or conduct, or cause to be engaged in, carried on, maintained or conducted, any cardroom in the city without first having secured a license from said city so to do, according to each and every requirement of this chapter or without complying with each and every regulation pertaining to such cardroom. Unless otherwise allowed by the Chula vista Gaming Plan, it is unlawful for any person to maintain or operate any card table in connection with any cigar store, pool or billiard hall or any other business, or a room in which card tables are maintained in the city without such person first having obtained from the council a license authorizing such person to maintain and operate such card table or tables or card table business. Unless otherwise allowed by the Chula vista Gaming Plan, no license shall be issued to any person under the age of twenty-one years. (Ord. 1305 S2 (part), 1970; prior code S9.102 (1)). 5.20.030 License-Number permitted and transferability. Unless otherwise allowed by the Chula vista Gaming Plan, the number of licenses authorized for issuance under the provisions of this chapter shall be limited, based upon the population of the city as shown upon the population certified by the state Department of Finance. Unless otherwise allowed by the Chula vista Gaming Plan, the number so authorized shall be one per forty thousand residents or any fraction thereof. Unless otherwise allowed by the 4 "'f Chula vista Gaming Plan, all such licenses shall be issued in accordance with the provisions of this chapter; provided, however, unless otherwise provided by the Chula Vista Gaming Plan, those persons holding a license to conduct cardroom operation upon the effective date of this section may continue to hold such licenses subject to the revocation provisions set forth in this chapter. Unless otherwise allowed by the Chula vista Gaming Plan, any license issued pursuant to this chapter may be transferred upon the approval of the chief of police to a person meeting all of the requirements for the initial issuance of such a cardroom license, sUbject to the ratification of the City Council which approval may be withheld in the sole discretion of the Chief of Police and which ratification may be withheld in the sole discretion of the City Council, and such approval and ratification may, but is not required to, be based entirely or in part on the assessment by the Chief of Police or, as applicable, the City Council, of the character of the proposed licensee, or when, in the opinion of the approving or ratifying entity, there appears to be good cause why such person should not operate a cardroom; provided, however, that, unless otherwise provided by the Chula vista Gaming Plan, with the exception of those licenses which have been issued prior to the effective date of the ordinance set forth in this section and Section 5.20.040, no license may be so transferred unless the holder thereof has been operating a cardroom for three years at a fixed location in the city. For the purposes of this section, unless otherwise provided by the Chula vista Gaming Plan, it shall be deemed to be a transfer of a license requiring approval of the Chief of Police and ratification by the City Council if a shareholder of a corporate licensee transfers any shares in the corporate licensee. Unless otherwise provided by the Chula vista Gaming Plan, it shall also be deemed to be a transfer of a license requiring approval of the Chief of Police and ratification by the City Council if a partner of a partnership licensee transfers all or any portion of his or her partnership interest. (Ord. 2528 ~1 (part), 1992; Ord. 2347 ~1, 1990; Ord. 2150 ~1 (part), 1986; Ord. 1738 ~1 (part), 1977; Ord. 1305 ~2 (part), 1970; prior code ~9.102(2)). 5.20.035 Consolidation-Permitted. Unless otherwise expanded or provided by the Chula vista Gaming Plan, notwithstanding the provisions of section 5.20.160 regarding the maximum number of tables on premises, the city Council may, in their sole discretion, grant one additional license, but no more than one (unless otherwise allowed by the Chula vista Gaming Plan) to a person having an interest in or holding a license to any cardroom in the city but then only in accordance with the procedures set forth in this chapter or the Chula vista Gaming Plan and only if the total number of licenses issued, including consolidated licenses as two separate licenses, does not exceed the maximum permitted by Section 5.20.030 or the 5 Gaming Plan. If such application for an additional single license is granted, the maximum number of tables permitted in the consoli- dation of two cardrooms is twelve (12) unless otherwise provided by the Chula vista Gaming Plan. No licensee may obtain or have issued more than two licenses 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, if they are presently married to an existing licensee, if they are the parent or child of an existing licensee, if they own shares in a corporation that owns a license or has a partnership interest in a license, if they own a partnership interest in a partnership that has a license or owns shares in a corporation that owns a license or if some other relation as specified in the Chula vista Gaming Plan exists. 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. (Ord. 2528 SI (part), 1992; Ord. 2364 S1, 1990; Ord. 2347 SI, 1990; Ord. 2015 S1 (part), 1982). 5.20.040 License-Initial issuance procedure. Unless otherwise allowed by the Chula vista Gaming Plan, all licensees shall comply with the provisions of this chapter or such other provisions set forth in the Chula Vista Gaming Plan. Any applicants requesting a license as permitted in section 5.20.030 shall pay a nonrefundable fee as presently designated, or as may in the future be amended by resolution, in the Master Fee Schedule, section 5.20.040, or the Gaming Plan, to cover the cost of investigation. Unless otherwise provided by the Chula vista Gaming Plan, no applicant requesting a license pursuant to this section may have any financial or other interest as set forth in section 5.20.035 in any other cardroom license, or application pending therefore. Unless otherwise provided by the Chula vista Gaming Plan, each application shall be totally independent and unassociated with any other application being submitted for the purpose of obtaining such a license. The initial period for issuance of new cardroom licenses shall be the month of May, 1977, and in the month of May in subsequent years should there be additional licenses available. After the termination of the open period in May, no further licenses shall be issued until the succeeding open period unless otherwise provided by the Chula vista Gaming Plan. Unless otherwise provided by the Chula vista Gaming Plan, in the event that there are applications in excess of the number of licenses available in accordance with the limitations set forth in section 5.20.030, based upon population, the Chief of 6 -' ~ , Police shall conduct a public lottery to select those applicants who shall be investigated to determine if they are qualified to be issued any available cardroom licenses as approved by the Chief of POlice, subject to ratification of the city council. Upon the issuance of available cardroom licenses, the Chief of Police shall authorize the refund of any application fee to any persons who were not subject to investigations unless otherwise provided by the Chula vista Gaming Plan. (Ord. 2528 S1 (part), 1992; Ord. 2506 S1 (part), 1992; Ord. 2408 S1 (part), 1990; Ord. 2015 S1 (part), 1982; Ord. 1961 S1 (part), 1982; Ord. 1738 S1 (part), 1977; Ord. 1305 S2 (part), 1970; prior code S9.102(3)). . 5.20.050 License-Tax and attaching of receipts. Unless otherwise provided by the Chula vista Gaming Plan, the license tax for maintaining or operating any card table or card table business in the city is payable quarterly in advance and fixed at a sum as presently designated, or as may in the future be amended, in the Master Tax Schedule, section 5.20.050, or the Gaming Plan. Unless otherwise provided by the Chula Vista Gaming Plan, the city finance officer shall issue a receipt for each separate card table license as in this section required, and such receipt shall be attached to such card table and preserved thereon during the full term for which such receipt was issued. (Ord. 2408 S1 (part), 1990; Ord. 1305 S2 (part), 1970; prior code S9.102(4)). 5.20.060 License-Application prerequisites. Unless otherwise provided by the Chula vista Gaming Plan, an applicant for a cardroom license shall submit his application to the Chief of POlice, which application shall be under oath, and shall include, among other things, the true names and addresses of all persons financially interested in the bus iness. The past criminal record, if any, of all persons financially or otherwise interested in the business shall be shown on such application. The term "persons financially interested" shall include all persons who share in the profits of the business, on the basis of gross or net revenue, including landlords, lessors, lessees, the owner or owners of the building, fixtures or equipment. The application shall also be accompanied by fingerprints of persons financially interested. (Ord. 2528 S1 (part), 1992; Ord. 1969 S1 (part), 1982; Ord. 1305 S2 (part), 1970; prior code S9.102(5)). required-con tents-Issuance 5.20.070 Work permits required-Application contents-Investigation fee- 7 Issuance-Period of validity. A. The manager of a cardroom, if he is other than the person or persons whose names appear on the application for the cardroom license, must obtain a work permit from the chief of police. He shall submit his application for such work permit to the chief of police, which application shall be under oath and shall include, among other things, the past criminal record, if any, of the applicant and shall be accompanied by the fingerprints of the applicant. An application for a manager work permit shall be accompanied by the Required Fee(s) or the Required Renewal Fee(s). The work permit, when issued, shall be valid for one year. The chief of police may deny such work permit, if, in his opinion, the applicant therefor should not be permitted to act as manager in lieu of management by the licensee of the cardroom. B. Employees in cardrooms must obtain a work permit from the chief of police. Applications for such work permits shall be submitted under oath and contain such information as may be deemed by the chief of police to be necessary to determine whether the applicant is a proper person to be employed in a cardroom. The chief of police may deny such work permit if, in his opinion, the applicant therefor should not be permitted to be employed in a cardroom. Each application for a work permit shall be accompanied by the Required Fee(s), or the Required Renewal Fee(s). Such permits shall be valid for one year. C. The provisions of this section may be modified by the Chula vista Gaming Plan. (Ord. 2506 S1 (part), 1992; Ord. 2408 S1 (part), 1990; Ord. 1969 Sl (part), 1982; Ord. 1961 S1 (part), 1982; Award 1680 Sl (part), 1976; Ord. 1305 S2 (part), 1970; prior code S9.102(6)). 5.20.080 Identification badges to be worn. Every manager and employee of a cardroom licensed according to the provisions of this chapter shall, at all times when present in such cardrooms, wear an identification badge containing his photograph, age, address and description of such individual. The provisions of this section may be modified by the Chula vista Gaming Plan. (Ord. 2005 Sl, 1982; Ord. 1305 S2 (part), 1970; prior code S9.102(7)). 5.20.090 License-Grounds for revocation. Licenses for cardrooms may be revoked in the manner and for the reasons set forth in section 5.02.180 et seq. of this code and 8 for the further reason consisting of a violation of any of the provisions of this chapter, or for allowing persons other than those named in the application on file with the city council to own an interest in or have direct management of such cardroom; provided however, that direct management of such cardroom may be accomplished by the employment of a manager pursuant to the provisions of section 5.20.070; for maintaining a greater number of tables than the number set forth in the application; or for maintaining such cardroom business upon premises which are or have become unsuitable or an improper place therefor. The provisions of this section may be modified by the Chula vista Gaming Plan. (Ord. 1305 S2 (part), 1970; prior code S9.102(8)). 5.20.100 Rules and regulations generally. It is unlawful to operate a cardroom in violation of any of the regulations and rules set forth in the Chula vista Gaming Plan, or sections 5.20.110 through 5.20.200 herein, unless otherwise allowed or regulated by the Chula vista Gaming Plan,. (Ord. 1305 S2 (part), 1970; prior code S9.103 (part)). 5.20.110 Games permitted-conditions. Effective upon adoption of a Chula vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula vista Gaming Plan if more restrictive than the provisions hereof, all card games which have been determined by the Attorney General to be within the permissible subject of local licensing by California cities may be played in any licensed cardroom on the following conditions, except that pai- gow, Super Pan, California 22 and panguingue may not be played unless they are permitted to be played under the terms and conditions set forth in the Chula vista Gaming Plan: 1. A written set of rules ("Games Rules") for a proposed card game are on file with the City and have been approved, in writing, by the Chief of Police at the time of playing the game. Said approval may be amended, conditioned or revoked from time to time in the sole discretion of the Chief of Police. 2. A copy of the approved Game Rules showing thereon the approval of the Chief of Police are posted in the Cardroom in a conspicuous place readily available to the patrons or prospective patrons and visible from any seat at any card table on the premises. 3. The game is played strictly according to said Game Rules. variations of the game, unless specifically described in the Game Rules, shall not be allowed. 9 ../' ,,./ -1 (Ord. 2528 S1 (part), 1992; Ord. 1305 S2 (part), 1970; prior code S9.103(1)). 5.20.120 Hours and days of operation. Effective upon adoption of a Chula vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula vista Gaming Plan if more restrictive than the provisions hereof, licensed cardrooms may operate seven days a week, 24 hours per day. until adoption of the Chula vista Gaming Plan, no card table licensed under the provisions of this code which is maintained or operated in connection with any other business shall be used for any card game from one o'clock a.m. to nine o'clock a.m. of any day and all places which are devoted exclusively to the operation or maintenance of a card table bus- iness shall be kept closed each day from one o'clock a.m. to nine o'clock a.m; and no card table shall be used for any card game on Sunday except from midnight until one a.m. (Ord. 2528 Sl (part), 1992; Ord. 1305 S2 (part), 1970; prior code S9.103(2)). 5.20.130 Drinking of intoxicating beverages prohibited. Unless otherwise allowed by the Chula vista Gaming Plan, no license shall permit the drinking of any intoxicating liquor in the premises licensed under the provisions of this code. (Ord. 1305 S2 (part), 1970; prior code S9.103(3)). 5.20.140 Minors prohibited from patronage or employment. No person under twenty-one years of age shall be permitted to play any game at any card table in the city. No person under twenty-one years of age shall be employed where any card table is maintained in the city unless otherwise allowed by the Chula vista Gaming Plan. (Ord. 1305 S2 (part), 1970; prior code S9.103(4)). 5.20.150 Maximum number of players per table. Effective upon adoption of a Chula vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula vista Gaming Plan if more restrictive than the provisions hereof, there shall be no limit on bets or wagers in any game. until the adoption of the Chula vista Gaming Plan, no more than eight players shall be permitted at anyone card table. (Ord. 1305 S2 (part), 1970; prior code S9.103(5)). 5.20.160 Maximum number of tables on premises-Arrangement. 10 , Unless otherwise allowed by the Chula vista Gaming Plan, no more than eight (8) tables shall be permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms operating under two consolidated licenses, twelve (12) tables shall be permitted, and said playing area shall be located on the ground floor and the tables shall be arranged so that the playing surface of each table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom, unless otherwise allowed by the Chula vista Gaming Plan, . The holder of a cardroom license may appeal the visibility requirement to the zoning administrator. (Ord. 2528 Sl (part), 1992; Ord. 2347 S3, 1990; Ord. 1305 S2 (part), 1970; prior code S9.103(6)). 5.20.170 supervision of game playing. All cardrooms and/or card tables licensed under the provisions of this chapter shall be supervised by the operator or an employee of the operator of the cardroom, to assure that games played on said tables are played strictly in accordance with the terms of this chapter and the provisions of the Penal Code of the state of California. The provisions of this section may be modified by the Chula vista Gaming Plan. (Ord. 1305 S2 (part), 1970; prior code S9.103(7)) . 5.20.180 Bets and wagers permitted when. Effective upon adoption of a Chula vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula vista Gaming Plan if more restrictive than the provisions hereof, there shall be no limit on bets or wagers in any game. until adoption of the Chula vista Gaming Plan, no bet or wager in any game shall exceed the sum of thirty dollars, and only table stakes shall be permitted, and no jackpots shall be allowed unless otherwise allowed. (Ord. 2528 Sl (part), 1992; Ord. 1952 Sl (part), 1981; Ord. 1305 S2 (part), 1970; prior code S9.103(8)). 5.20.190 Charges for game playing-Maximum designated. Effective upon adoption of a Chula Vista Gaming Plan that addresses the subject matter of this section, but only to the extent allowed by the Chula vista Gaming Plan if more restrictive than the provisions hereof, there shall be no limit on the charge which may be collected from any player for the privilege of participating in any game. Until the adoption of the Chula vista Gaming Plan, no charge in excess of thirty-seven and a half cents ($.375) per hand per player shall be collected from any player for the privilege of participating in any game. (Ord. 2528 Sl (part), 1992; Ord. 1952 Sl (part), 1981; Ord. 1305 S2 (part), 1970; prior 11 code S9.103(9)). 5.20.200 Signs to be posted in cardroom-Contents. Unless otherwise allowed by the Chula vista Gaming Plan, there shall be posted in every cardroom in letters plainly visible from all parts thereof, signs stating which games have been approved for play at said cardroom by the Chief of Police or Chula vista Gaming Plan, and stating the charge per hour exacted from each player for the privilege of playing. In addition to the foregoing, each table shall identify by prominent sign located thereon the game which is currently being played at said table unless otherwise allowed by the Chula vista Gaming Plan. (Ord. 2528 S1 (part), 1992; Ord. 1305 S2 (part), 1970; prior code S9.103(10)). 5.20.210 License-Revocation criteria. Licenses for cardrooms may be revoked in the manner and for the reasons set forth in section 5.02.180 et seq. of this code or the Chula Vista Gaming Plan, and for any violation of any of the provisions of this chapter or the Gaming Plan. The city may, but is not required, to impose a fine in lieu of revocation or institute such other remedy as is permitted in the Gaming Plan. (Ord. 2528 S1 (part), 1992; Ord. 782 (part), 1962; prior code S9.21) . 5.20.220 License-Additional grounds for revocation. Unless otherwise allowed by the Chula vista Gaming Plan, additional grounds for revocation shall include: A. Allowing persons other than those named in the application on file with the city council to own an interest in, or have direct management of, such cardroom; B. Maintaining a greater number of tables than the number set forth in the application; C. Maintaining such cardroom business upon premises which are or have become unsuitable or an improper place therefor. D. Violation of the provisions of the Gaming Plan. (Ord. 782 (part), 1962; prior code 59.22). Subchapter 3. Horse and Dog Wagering 5.20.230 On-site and Satellite Horse and Dog Wagering 12 Notwithstanding anything else to the contrary herein contained, all horse and dog wager, whether on-site or by satellite, lawfully allowed to exist at any location in the state of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula vista and shall be and is permitted. All such horse and dog wagering, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the city to engage in sports book wagering and be conducted pursuant to the rules and regulations of the City as may be set forth in the Chula vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The Gaming Plan shall further define horse and dog wagering if same is regulated thereunder. Subchapter 4. Sports Book 5.20.240 Sports Book Wagering Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all sports book wagering lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula vista and shall be and is permitted. All such sports book wagering, before it may be occur in the city of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the City to engage in sports book wagering and be conducted pursuant to the rules and regulations of the city as may be set forth in the Chula vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The Gaming Plan shall further define sports book wagering if same is regulated thereunder. Subchapter 5. Casino Gaming 5.20.250 Casino Gaming Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all casino gaming lawfully allowed to exist at any location in the state of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula vista and shall be and is permitted. All such casino gaming, before it may be occur in the city of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the city and be conducted pursuant to the rules and regulations of the City as may be set forth in the Chula vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The Gaming Plan shall 13 further define casino wagering if same is regulated thereunder. Subchapter 6. Video Gaming 5.20.260 Video Gaming Allowed Subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all video gaming lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the City of Chula vista and shall be and is permitted. All such video gaming, before it may be occur in the city of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the City and be conducted pursuant to the rules and regulations of the City as may be set forth in the Chula vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The Gaming Plan shall further define video gaming if same is regulated thereunder. Subchapter 7. Other Gaming 5.20.270 Other Gambling Allowed subject to Gaming Plan Notwithstanding anything else to the contrary herein contained, all gambling lawfully allowed to exist at any location in the State of California, including but not limited to, any federal enclave or Native American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in the city of Chula vista and shall be and is permitted. All such other gambling, before it may be occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has received a permit from the City and be conducted pursuant to the rules and regulations of the City as may be set forth in the Chula vista Gaming Plan, as same may be adopted and amended from time to time by resolution after public hearing. The Gaming Plan shall further define such other gambling if same is regulated thereunder." Presented by: Approved as to form by: Richard P. Emerson Chief of Police Bruce M. Boogaard City Attorney E:\GAMB2.WP 14 ~)