HomeMy WebLinkAboutAgenda Statement 1982/02/09 Item 13. COUNCIL AGENDA STATEMENT /3
Item -~
• Meeting Date
ITEM TI LE: Ordinance ~~69 - Amending Sections 5.20.060 and 5.20.070 of the
Municipal Code to Delete Citizen and Residency
Requirements SECOND READIRG AND ADOPTION
SUBMITT D BY: City Attorney (4/5ths Vote: Yes No
T is ordinance would eliminate the residency requirements for
c rdroom licensees and workers due to their suspect legal
v lidity.
R COMMENDATION: Place ordinance on First Reading
B ARD/COMMISSION RECOMMENDATION: N/A
D SCUSSION:
x )
B th Sections 5.20.060 and 5.20.070 of the Municipal Code contain
r sidency restrictions on people who wish to own, operate or work
i cardrooms. Residency restrictions have not held up well when
c allenged in the courts. There was a recent U. S. Supreme Court
d cision which barely (5-4) upheld a residency requirement for
C lifornia probation workers based upon the legal power they have
• o er parolees.
T ere is no similar justification that would support a residency
r quirement for cardroom owners or workers and in all likelihood,
i would be found unconstitutional. Residency requirements have
b en held to violate the constitutional rights of equal protec-
t'on and travel particularly when they restrict employment oppor-
t nities.
r these reasons, I would recommend that we delete our residency
quirements from the cardroom ordinance to protect us from poten-
al liability for the violation of the constitutional rights of
ogle who would not be able to qualify under our ordinance.
FISCAL IMPACT: N/A
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Form A-~13 (Rev. 11/79)