Ordinance 1999-04ORDINANCE 99-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY, CALIFORNIA, AMENDING CITY CODE SECTION
16.6-1 ET SEQ., SETTING FORTH REGULATIONS
REGARDING CARDROOMS
WHEREAS, the Legislature of the State of California has amended California Business
& Professions Code section 18000 et seq., the Gambling Control Act; and
WHEREAS, the new State Gambling Control Act requires that local government, by
ordinance, regulate cardroom operations within its jurisdiction, and requires certain provisions in
said ordinance; and
WHEREAS, it is the propose and intent of the City Council of the City of Gilroy to
hereby amend the Gilroy City Code Section 16.6-1 et seq., to comply with the requirements of
California Business & Professions Code 18000 et seq.; and
WHEREAS, the City Council of the City of Gilroy finds that the operation of cardrooms
within its jurisdiction is already regulated by the City of Gilroy, and in accordance with State law
intends to specifically address (1) the hours of operation of cardrooms, (2) the security and safety
of cardroom patrons, (3) the location of cardrooms near existing sensitive land uses and, (4) the
State's authority to object to the issuance of a cardroom identification card to a cardroom
employee within the City's jurisdiction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I
Gilroy City Code Section 16.6-1 et seq., is amended as follows:
Sec. 16.6-1(a)(4) shall become section 16.6-1(a)(4)(i), and section 16.6-1(a)(4)(ii) shall
\TJG\438282.02
91-033004706002
-1- Ord. 99-4
be added and read as follows:
(4)(a)(ii) Division means the State of California, Department of
Justice, Division of Gambling Control and any successor divisions
or agents of the State of California that may have responsibility
for, and jurisdiction over, gambling control within the State.
Sec. 16.6-1(n)(10) shall be added and read as follows:
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 California Business & Professions Code section
19850.
Sec. 16.6-1(n)(11) shall be added and read as follows:
Every application for a cardroom identification card shall be
subject to objection by the Division. If the Division objects to the
issuance of a cardroom identification card, issuance of the card
shall be denied. Such a denial may be reviewed in accordance with
the Gambling Control Act.
Sec. 16.6-1(r) shall be amended to read as follows:
(r) Permitted locations.
(1) The playing of all games permitted under this section shall be
confined to those designated areas of the cardroom premises as
may be set forth in the cardroom permit, and no playing of any
games shall be permitted at any other location within or upon the
cardroom premises for which prior written approval from the City
Administrator has not been obtained.
(2) Cardrooms shall be located only in those certain districts as set
forth in the Gilroy Zoning Ordinance. A cardroom permit shall be
issued only if the premises meet all requirements of the Zoning
Ordinance. and the a_nplicant obtains all required zoning permits.
In determining whether to approve the location of a proposed
cardr0om, the Ci_ty shall take into consideration the effect of
operation of a cardroom on other sensitive uses located in the
vicinity_ of the proposed cardroom, including but not limited to
schools, public parks or recreation areas, hospitals, public
buildings with pro,ams for minors, and religious institutions. As
used in this section, the terms fi)"school" shall mean the term as
defined in Gilroy Zoning Ordinance section 28.10(n); (ii)'_'public
park or recreation area" shall mean the t~rm as defined in Gilrov
Zoning Ordinance section 28.10(k): (iii)"public building with
\TJG\438282.02 -2- Ord. 99-4
914~33004706002
pro.ams for minors" shall mean the term as defined in Gilroy
Zoning Ordinance section 28.10ilk and "religious institution" shall
mean the term as definext in ~ilroy Zoning Ordinance section
28,10(1).
Sec. 16.6-1(cc) shall be amended to read:
(cc) Disorderly conduct XT
....... , .... j or ........ All cardroom permittees.
owllcr~, operators, and managers are responsible for insuring that
no di~ordorly conduct occurs on or around the cardroom premises.
and that no oth~ similar conduct occurs on or around the cardroom
premises such that it constitutes a breach of the peace or that is
otherwise detrimental to the public health, safe .ty. or welfare.
Sec. 16.6-1(ee) shall be added and read as follows:
(ce) Hours of Operation. Unless the hours of operation for a
cardroom are restricted in the cardroom permit, a cardroom may
operate twenty-four (24) hours per day. Each cardroom permittee
shall clearly post the hours of operation of the cardroom so as to
provide law enforcement and the cardroom patrons adequate notice
of the hours of operation.
Section II
This ordinance shall take effect and be in full force thirty (30) days fi-om and aRer its
adoption and approval.
If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have adopted this ordinance and each and every provision herein,
//
//
//
//
//
//
\TJG\438282,02 -3- Ord. 99-4
91-033004706002
irrespective of the possibility that one of more provisions might be declared invalid..
PASSED AND ADOPTED this 19th day of April; 1999, by the following votes:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
ARELLANO, GWFORD, MORALES,
ROWLISON, SPRINGER, SUDOL,
GILROY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ATTESt, ;
Rhonda Pellin, City Clerk
\TJG\4382§2.02 -4- Ord. 99-4
91-033004706002
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 99-4 is an original ordinance, duly adopted by the Council of the City of Gilroy al
a regular meeting of said Council held on the 19th day of April, 1999, at which meeting a quorum
was present.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 19th day of May, 1999.
City Clerk of the City of Gilroy
(Seal)