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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establishments in California were regulated under The Gaming Registration Act and in 1997, the State Legislature repealed The Gaming Registration Act and enacted the Gambling Control Act ("Act"), California Business and Professions Code Section 19800, et seq., to regulate gambling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and, by letter dated July 16, 2003, has advised that various provisions of Section 16.6-1 reflect provisions of the repealed Gaming Registration Act and that amendments to the City's local ordinance should be adopted to reflect the provisions of the Act; and WHEREAS, the City Council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. INVH\599386.1 081903-04706002 1 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 ~~." APPROVED: Thomas W. Springer, 4:.. f INVH\599386.1 081903-04706002 2 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. '-...' (Seal)