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Ordinance 2013-05ORDINANCE NO. 2013-05 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 16, ENTITLED "OFFENSES — MISCELLANEOUS" BY AMENDING SECTION 16.6 -1 PERTAINING TO CARDROOMS WHEREAS, the Gilroy City Code Section 16.6 -1 authorizes the City Council to adopt by resolution a list of permissible games that are allowed to be played in cardrooms within the City; and WHEREAS, no games may be played in any cardroom unless it is listed as a permissible game; and WHEREAS, on September 10, 2012, the City Council considered a request from Garlic City Casino to amend Chapter 16 to establish new unlimited wagering in accordance with that set by the State of California, to allow that any game be played within the City of Gilroy as approved by the State of California; and to allow that any game approved by the State of California be approved by, or on -file with, the Chief of Police, thereby not requiring City Council approval for new state approved games; and, WHEREAS, on September 10, 2012, staff reported that it does not appear there will be any adverse impacts to the City of Gilroy associated with unlimited wagering and the playing of any game; and WHEREAS, on September 10, 2012, the City Council approved designating the Chief of Police as the City official to approve games and the elimination of unlimited wagering with a sunset of one year from adoption of this ordinance; and, WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Gilroy City Code, Chapter 16, entitled "Offenses- Miscellaneous ", Section 16.6 -1, entitled " Cardrooms" is hereby amended to repeal Sections 16.6 -1 (p), (q) and (s) in their entirety and to replace them with new Sections 16.6 -1(p), (q) and (s) to read as follows: IDUNG011066359.3 ORDINANCE NO. 2013-05 102912 - 04706083 2 "16.6 -1 Cardrooms. (p) Table Restriction. No permittee, or the permittee's employee, shall use, operate or permit the use or operation of more cardroom tables than those permitted by its cardroom permit and for which the permittee previously has paid the required table permit fees. The number of tables located at a cardroom shall not be increased without prior approval of the city council and prior payment of the appropriate table permit fees. In any event, no cardroom shall operate more than eight (8) tables. All tables shall be located in the same room and be visible from the entrance of the cardroom. (c) Permitted Games. The games permitted within the city boundaries are those permitted by local, state, and federal law, and shall also be played pursuant to the rules of play approved by the chief of police. It shall be unlawful for any cardroom permittee, or its agent or employee, to allow the playing of anygames not permitted by the provisions of this section or state law, or to allow the playing of any permitted game in a manner other than in strict conformance with the rules of play approved by the chief of police. (1) There shall be trial period of one year commencing on April 3, 2013. The chief of police will monitor the cardrooms for any adverse impacts during the trial period, and report back to the city council no later than the end of the trial period. After consideration of the recommendation and findings of the chief of police, the city council may accept the report, resulting in the games continuing to be permitted, and the one year trial period to be no longer in effect. (s) Wagers. There shall be no limits on any person playing within the cardroom premises to make a single ante, wager or bet. (1) There shall be trial period of one year commencing on April 3, 2013. The chief of police will monitor the cardrooms for any adverse impacts during the trial period, and report back to the city council no later than the end of the trial period. After consideration of the recommendation and findings of the chief of police, the city council may accept the report, resulting in the no limit on single antes, wagers or bets to continue, and the one year trial period to be no longer in effect. SECTION VIII If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each section, subsection, sentence, clause ORDINANCE NO. 2013 -05 3 or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION IX This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED this 4th day of March, 2013, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS: ATTEST: 1. AA�vna Freels, Ci Clerk AULMAN, BRACCO, LEROE- MUNOZ, TUCKER, WOODWARD and GAGE NONE ARELLANO APPROVED: Donald Gage, Mayor ORDINANCE NO. 2013-05 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2013 -05 is an original ordinance, or 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 0 day of March, 2013, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 5th day of March, 2013. City Clerk of the City of Gilroy (Seal)