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Resolution 2009-28 RESOLUTION NO. 2009-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESCINDING RESOLUTION NO. 2009-15, AND RE-ESTABLISHING THE GAMES AUTHORIZED FOR PLAY IN CARDROOMS PURSUANT TO GILROY CITY CODE SECTION 16.6-1 ET SEQ WHEREAS, the Cardroom Ordinance at Gilroy City Code Section 16.6-1 (q), authorizes the City Council to adopt by resolution a list of permissible games that cardrooms are permitted to allow to be played on their premises under the Cardroom Ordinance; and WHEREAS, no game may be played in any cardroom unless it is listed as a permissible game; and WHEREAS, the City Council adopted Resolution No. 2009-15 on June 8, 2009 listing permissible games within the City pursuant to the Cardroom Ordinance and adding thereto "No Bust 21st Century Blackjack 5.1" and WHEREAS, immediately thereafter, it was brought to the City's attention that Section 16.6-1 (q) of the City Code states that". .. The permitted games may not be banking games or percentage games." "No Bust 21st Century Blackjack 5.1" is a "banking game" under the definition in section 16-1(a)(3) of the City Code, and therefore the game is prohibited from play at established cardrooms within the City, and cannot be added as a permissible game by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED that: The City Council hereby rescinds Resolution 2009-15, in effect removing the "No Bust 21st Century Blackjack 5.1" game from the listing of permissible games, and reaffirms the permissible card games stated below pursuant to section 16.6-1(q): 1. Low Ball 2. Stud Hi 3. Hi Draw Poker 4. Hold 'Em Poker 5. Pan (Panguingue) 6. Razz (Seven Stud/Lo Poker) 7. Draw Poker - Jack's Back RESOLUTION NO. 2009-28 PASSED AND ADOPTED this 6th day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: lLAC1795718.1 062909-04706083 ARELLANO, BRACCO, DILLON, TUCKER, WOODWARD NONE PINHEIRO GARTMAN APPROVED: -~-~~~ ~ Dion Bracco, Mayor Pro empore RESOLUTION NO. 2009-28 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2009-28 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of July, 2009, 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 8th day of July, 2009. S wna Freels, C City Clerk of the City of Gilroy (Seal)