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HomeMy WebLinkAboutOrd 1995-2655 ORDINANCE NO. 2655 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.20TO ALLOW IN CHULA VISTA ANY FORM OF GAMBLING ALLOWED AT ANY OTHER LOCATION WITHIN THE STATE SUBJECT TO APPI~OVAL OF AND QUALIFICATION UNDER A GAMBLING PLAN 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: "Chapter 5.20 GAMBLING" Sections: 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 Cardroom-Defined. 5.20.020 License-Required-Issuance to person under certain age prohibited. 5,20.030 License-Number permitted and transferability. 5.20,035 Consolidation-Permitted. 5.20.040 License-Initial issuance procedure. 5.20.050 License-Tax and attaching of receipts. 5.20.060 License-Applications required-Contents-Issuance prerequisites. 5.20.070 Work permits required-Application contents-Investigation fee issuance-Period of validity. 5.20.080 Identification badges to be worn. 5.20,090 License-Grounds for revocation. 5,20.100 Rules and Regulations generally, 5.20.110 Games permitted-conditions. 5.20.120 Hours and days of operation. 5.20.130 Drinking of intoxicating beverages prohibited. 5.20.140 Minors prohibited from patronage or employment. 5.20,150 Maximum number of players per table. 5.20,160 Maximum number of tables on premises-Arrangement. 5.20.170 Supervision of game playing, 5.20.180 Bets and wagers permitted when. 5.20.190 Charges for game playing-Maximum designated. Ordinance 2655 Page 2 5.20.200 Signs to be posted in cardroom-Contents 5.20.210 License-Revocation criteria. 5.20.220 License-Additional grounds for revocation. Subchapter 3. Horse and Dog Wagering 5.20.230 On-Site and Satellite Horse and Dog Wagering Subchapter 4. Sports Book 5.20.240 Sports Book Allowed Subject to Gaming Plan Subchapter 5. Casino Gaming 5.20.250 Casino Gaming Allowed Subject to Gaming Plan Subchapter 6. Video Gaming 5.20.260 Video Gaming Allowed Subject to Gaming Plan Subchapter 7. Other Gaming 5.20.270 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. 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 Ordinance 2655 Page 3 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 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 2o 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. lord 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 carry on, 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 billlard 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. lord. 1305 §2 (part), 1970; prior code §9.102(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 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 Ordinance 2655 Page 5 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 §9.102(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 gaming plan. If such 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 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 §1 (part), 1992; Ord. 2364 §1,1990; Ord. 2347 §1, 1990; Ord. 2015 §1 (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 Ordinance 2655 Page 6 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 §9.102(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 §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 ' 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 Ordinance 2655 Page 7 by fingerprints of persons financially interested. (Ord. 2528 51 (part), 1992; Ord. 1969 51 (part), 1982; Ord. 1305 §2 (part), 1970; prior code §9.102(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 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 51 (part), 1992; Ord. 2408 51 (part), 1990; Ord. 1969 51 (part), 1982; Ord. 1961 51 (part), 1982; Award 1680 §1 (part), 1976; Ord. 1305 52 (part), 1970; prior code 59.102(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 51, 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 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 Ordinance 2655 Page 8 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. lord. 1305 §2 (part), 1970; prior code § 9.102(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. lord. 1305 §2 (part), 1970; prior code §9.103 (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. (0rd. 2528 §I (part), 1992; Ord. 1305 §2 (part), 1970; prior code §9.103(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 Ordinance 2655 Page 9 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 §9.103(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 §2 (part), 1970; prior code §9.103(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 §2 (part), 1970; prior code §9.103(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 the number of players permitted at anyone card table in any game. Until the adoption of the Chula Vista Gaming Plan, no more than eight players shall be permitted at any one card table. (Ord. 1305 §2 (part), 1970; prior code §9.103(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 §9.103(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 Ordinance 2655 Page 10 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 §9.103(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 §1 (part), 1992; Ord. 1952 §1 (part), 1981; Ord. 1305 §2 (part), 1970; prior code §9.103(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 (9.375) 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 §9.103(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 §1 (part), 1992; Ord. 1305 §2 (part), 1970; prior code §9.103(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 §1 (part), 1992; Ord. 782 (part), 1962; prior code §9.21). Ordinance 2655 Page 11 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 define sports book wagering if same is regulated thereunder. Ordinance 2655 Page 12 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 :/ ~ ~ p f y i, · ! / ~"""'-- . 1 Richard P. Emerson ch,ef o, Po.ce Ordinance 2655 Page 13 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Rindone, Horton NAYS: Councilmembers: Padilia ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirle~'Horton, Mayor ATTEST: Beverly .~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2655 had its first reading at a regular meeting held on the 21st day of November, 1995 and its second reading and adoption at a special meeting of said City Council held on the 28th day of November, 1995. Executed this 28th day of November, 1995. Beverly ~(. Authelet, City Clerk