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HomeMy WebLinkAboutAgenda Statement 1988/04/26 Item 16• ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT :;Ev~;i: iEF,VaNG AND ADOPTION Item 16 Meeting Date 4/26/88 Ordinance ~ ~~ ~ Amending Section 1.20.020 and Chapter 9.12 of the Municipal Code to regulate the operation of Fraternal Benefit Society gamerooms Resolution Amending the Master Fee Schedule to include aI,li~ense fee for Fraternal Benefit Society gamerooms Director "Public Safety City Manager ~y (4/5ths Vote: Yes No X ) %' ~.. At the February 2, 1988 Council meeting, the Council referred back to staff the issue of granting a cardroom license to the Chula Vista Elks' Lodge No. 2011. Staff had recommended denying the license request, however, the intent of the Council was to allow card playing within the Elks' Lodge. Staff was directed to develop an alternative to the existing cardroom ordinance which would allow limited card playing within the Elks' Lodge thereby allowing the Elks to obtain a State gaming license. RECOMMENDATION: That Council: a. Approve the ordinance and place it on the first reading. b. Adopt a resolution amending the Master Fee Schedule to include a license application fee for Fraternal Benefit Society gamerooms. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Elks Lodge is a members only, non-profit Fraternal Benefit Society. The Elks would like to sponsor a limited-use cardroom within their lodge specifically for their members' entertainment. At the recommendation of their parent organization, the Grand Lodge of the Elks, they filed with the State Department of Justice, Gaming Registration Program for a State gaming license. This request was denied since the Chula Vista Elks Lodge did not have any local authorization to play cards. The Elks are requesting the City adopt a special ordinance which would allow them to legally play cards at their lodge. The Police Department has reviewed this request, met with the representatives of the Elks, and then developed an alternative which will satisfy the Elks request and the concerns of the Police Department. ~he recommendation is to adopt an amendment to the Municipal Code section on ambling. This new ordinance will allow Fraternal Benefit Societies, as defined by the Revenue and Taxation Code, to obtain a license to play some card games in their facility, under very specific guidelines. Page 2, Item 16 Meeting Date~~/88 The new sections in general provide guidelines for the licensing and legal operation of a non-profit gameroom where society members may play draw poker, to-ball poker, and contract or auction bridge. These are the only games allowed within the cardroom ordinance. The specific requirements include the following: Licensing 1. Applicant must be a Fraternal Benefit Society, as defined by the Revenue and Taxation Code 23701b. 2. Applicant must be established within the Chula Vista Community for a minimum of two (2) years. 3. A complete application must be submitted to the Chief of Police. 4. Any application which is denied may be appealed to the City Council. Operating Rules 1. Card games will be open to members of the society only. These games will not be open to the public. There shall be a maximum of two (2) tables with no more than eight (8) players per table. 3. Gameroom operating hours shall be from 10:00 a.m. to midnight two days per week maximum, closed on Sundays. 4. The maximum bet allowed is $1.00, with no more than three raises. 5. No alcohol will be served or consumed at the table, no intoxicated players. 6. No fee to play. 7. Must allow Police access to gameroom. The Police Department's main concerns in allowing the Elks an exemption from the cardroom ordinance, was to prevent any dubious organization from attempting to qualify for the same exemption, and then running a for-profit cardroom. The proposed amendment to the Municipal Code provides very specific rules under which an organization may play cards. These guidelines are written in such a way that it would not be possible to abide by the guidelines and make a profit running a cardroom. Because of these specific requirements, the Police Department does not anticipate any major city-wide impact from the ordinance. here will be no increase in the type of card playing the Council wants to ~_ • Page 3, Item 16 Meeting Date 4J ~ 88 limit, the profit oriented cardrooms. The only increase in card playing would be the enjoyment games where individuals play mostly just for the fun of playing. During the course of the review of the Municipal Code chapter on gambling (9.12) it was determined that Sections 9.12.010 through 9.12.040 were no longer required for Police enforcement. The corresponding sections of the Penal Code (330 and 330a) provide for adequate legal control of gambling. In order to clarify the intent of the chapter, the City Attorney has recommended that Sections 9.12.010 and 9.12.020 be amended and Sections 9.12.030 and 9.12.040 be repealed. These changes will provide a clear statement of the prohibition of all gambling within the City of Chula Vista, subject to specific exemptions. As to environmental review, it has been determined that this project is exempt under General Rule Clause 15061 (b3). FISCAL IMPACT: All applications for a F must be accompanied by a $50 fee. The fee the investigation of the applicant. The p existing Master Fee Schedule to include the revenue may range from $50 to $250 depending organizations such as the VFW, Eagles, Lions, WPC 0131N • by the City Co Heil of Chula Vista, California Dated raternal Benefit Society gameroom will cover the costs of conducting roposed resolution will amend the $50 gameroom fee. The anticipated on requests from other qualifying Optimists. by tfTe City Council of Chula Vista, California Dated ~ G ,__~~_ ~,. < ~`