Ordinance 2003-15
ORDINANCE NO. 2003-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 16.6-1 OF CHAPTER
16 OF THE GILROY CITY CODE, ENTITLED OFFENSES-
MISCELLANEOUS, TO UPDATE VARIOUS REFERENCES
PERTAINING TO GAMBLING REGULATION
WHEREAS, prior to 1997, gambling establishments in California were regulated under
The Gaming Registration Act and in 1997, the State Legislature repealed The Gaming
Registration Act and enacted the Gambling Control Act ("Act"), California Business and
Professions Code Section 19800, et seq., to regulate gambling establishments in the State of
California; and
WHEREAS, the State Legislature in the Act authorized local jurisdictions to enact
ordinances that are not inconsistent with the Act; and
WHEREAS, pursuant to the Act, the Division of Gambling Control ("Division") of the
Department of Justice regulates gambling establishments in the State and reviews local
ordinances to assure that the business of gambling throughout the State operates under uniform,
minimum standards of regulation of permissible gambling activities; and
WHEREAS, the City of Gilroy ("City") has adopted Section 16.6-1 pertammg to
Cardrooms, of Chapter 16, entitled Offenses - Miscellaneous, of the Gilroy City Code to
regulate the business of gambling and gambling establishments within the City; and
WHEREAS, the Division has reviewed Code Section 16.6-1 and, by letter dated July 16,
2003, has advised that various provisions of Section 16.6-1 reflect provisions of the repealed
Gaming Registration Act and that amendments to the City's local ordinance should be adopted to
reflect the provisions of the Act; and
WHEREAS, the City Council desires to adopt the amendments recommended by the
Division to update Section 16.6-1 to reflect current provisions of the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
(a) Gilroy City Code Section 16.6-1 is amended as follows:
1. All references to "The Gaming Registration Act" are changed to read "the
Gambling Control Act."
2. All references to the Bureau of Investigation are deleted.
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ORDINANCE NO. 2003-15
3. All references to the "Gaming Registration Program" are changed to read,
"Division of Gambling Control."
4. In Section 16.6-I(c), the term "registration" is changed to read "license."
5. Section 16.6-1(n)(lO) is amended to read:
In addition to any other restrictions provided by law, no cardroom
identification card shall be issued to anyone who is disqualified
from holding a State gambling license for any of the reasons
specified in the Gambling Control Act, California Business and
Professions Code section 19800, et seq.
(b) Except as specifically amended herein, Section 16.6-1 shall remain in full force
and effect.
SECTION II
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
The City Council of the City of Gilroy hereby declares that it would have passed and adopted
this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more
provisions may be declare invalid or unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after the date of its
passage and adoption.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF GILROY
this 6th day of October, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN, MORALES,
PINHEIRO, VELASCO and SPRINGER
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
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APPROVED:
Thomas W. Springer,
4:..
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ORDINANCE NO. 2003-15
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2003 -15 is an original ordinance, or a true and correct copy of a city ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the
6th day of October, 2003, at which meeting a quorum was present, and has been published or
posted pursuant to law.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 9th day of October, 2003.
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(Seal)