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Home My WebLink About2010/06/15 Item 5 CITY COUNCIL AGENDA STATEMENT ~ \ 'f:.. CITY OF ~ (HULA VISTA June 15, 2010 Iteml ITEM TITLE: REVIEWED BY: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12, SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICIP AL CODE CITY ATTORNEY'S OFFIC~r CITY ATTORl'-i"EY'S OFFICe#-- 4/STHS VOTE: YES 0 NO ~ SUBMITTED BY: SUMMARY The City Manager's Office received a citizen request that the provisions of the Chula Vista Municipal Code regulating bingo gambling be amended to reflect current state law regulating the same. Specifically, the request is to increase the limit on bingo gaming per game from the current limitation of$250.00 to $500.00. The California Legislature has recently amended Penal Code 9 326.5(n), which regulates the total value of prizes permitted for bingo gambling, to read: "The total value of prizes available to be awarded during the conduct of any bingo games shall not exceed five hundred dollars ($500) in cash or kind, Or both, for each separate game which is held." Accordingly, this proposed revision to the Chula Vista Municipal Code is lawful and necessary to bring it into conformance with state law. The citizen also requested that the provision prohibiting saved seatings at bingo games bc eliminated. See Chula Vista Municipal Code 9 9.12.190(P). Because this issue is not addressed or regulated by the California Penal Code sections governing bingo gambling this reVIsion can also be accomplished through Council action on this item. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Envirorunental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 ofthe state CEQA Guidelines because it will not result in a physical change in the envirorunent; therefore, pursuant to Section 15060( c)( 3) of the State CEQA Guidelines, the activity is not subject to the CEQA. Thus, no envirorunental review is necessary. 5-1 6/15/10, Item 5 Page 2 of 2 RECOMMENDATIONS Council adopt the ordinance. BOARDS/COMMISSION RECOMMENDATION N/A. DECISION MAKER CONFLICT This item is not site-specific therefore there are no conflicts based on the SOO-foot proximity of councilmember property holdings. FISCAL IMPACT None anticipated. ATTACHMENTS I. Proposed Redline Ordinance. Prepared by: Chance Hawkins, Deputy City Attorney, City Attorney's Office J:\Attomey\Chance Hawkins\StaffReps & Ords\Stf.Reprt.Bingo.Ord.Revision.doc 5-2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12, SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, the Chula Vista Municipal Code regulates bingo gambling in accordance with the California Penal Code and the regulations issued by the California Gambling Control Commission; WHEREAS, the California Legislature has recently amended sections of the Penal Code relating to bingo gambling; WHEREAS, the Chula Vista Municipal Code needs to be amended to reflect the current bingo gambling regulations contained in the California Penal Code; and WHEREAS, other than the amendments to Subsections I & P of Section 9.12.190, the remainder the Section 9.12.190 will remain the same. NOW, THEREFORE, the City Council of the City Of Chula Vista does, hereby, ordain as follows: SECTION I. That Chula Vista Municipal Code Chapter 9.12, Section 9.12.190, Subsections I & P, be amended to read as follows: 9.12.190 Bingo -Limitations. I. The total value of prizes awarded during the conduct of any bingo game shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. P. No admission fee, purchase or donation shall be required for entry into the bingo premises. This section shall not preclude no-smoking tables and tables designated for the handicapped. SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Chance Hawkins Deputy City Attorney Approved as to form by Bart C. Miesfe City Attorney J ,j `J ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.12, SECTION 9.12.190, SUBSECTIONS I AND P OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, the Chula Vista Municipal Code regulates bingo gambling in accordance with the California Penal Code and the regulations issued by the California Gambling Control Commission; WHEREAS, the California Legislature has recently amended sections of the Penal Code relating to bingo gambling; WHEREAS, the Chula Vista Municipal Code needs to be amended to reflect the current bingo gambling regulations contained in the California Penal Code; and WHEREAS, other than the amendments to Subsections I & P of Section 9.12.190, the remainder the Section 9.12.190 will remain the same. NOW, THEREFORE, the City Council of the City Of Chula Vista does, hereby, ordain as follows: SECTION I. That Chula Vista Municipal Code Chapter 9.12, Section 9.12.190, Subsections I & P, be amended to read as follows: 9.12.190 Bingo -Limitations. I. The total value of prizes awarded during the conduct of any bingo game shall not exceed $~599~500.00 in cash or kind, or both, for each separate game which is held. P. No admission fee, purchase or donation shall be required for entry into the bingo premises, ~~a "'°~° °''°" ~~' ~° ° °'' °°~•'~~a. This section shall not preclude no-smoking tables and tables designated for the handicapped. SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Chance Hawkins Deputy City Attorney Approved as to form by Bart C. Miesfe d City Attorney t~'`~.