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Ordinance 2010-08 ORDINANCE NO. 2010-08 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 16, ENTITLED "OFFENSES - MISCELLANEOUS" BY AMENDING SECTION 16.1 PERTAINING TO CARDROOMS. WHEREAS, the Gilroy City Code Section 16.1 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 October 5,2009, the City Council directed staff to conduct research on the local effects of including No Bust 21st Century Blackjack 5.1 to the approved list of permitted games and the addition of three (3) gaming tables; and WHEREAS, on December 7,2009, staff reported minimal negative impacts on the City associated with the play of No Bust 21st Century Blackjack 5.1 and the inclusion of three (3) gaming tables; and WHEREAS, on December 7, 2009, the City Council approved a six (6) month trial period for the play of No Bust 21 st Century Blackjack 5.1 and the inclusion of three (3) additional gaming tables; 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 That Gilroy City Code, Chapter 16 [entitled "Offenses-Miscellaneous"], Section 16.1, entitled "Cardrooms" is hereby amended to repeal Sections 16.1 (P) and 16.1 (q) in their entirety and replace them with new Sections 16.61(p) and 16.1(q) to read as follows: "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 IJH\816717.1 033010..Q4706083 033010-04706083 ORDINANCE NO. 2010-08 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. For purposes of this subsection (P), the additional tables may be permitted for a six (6) month trial period and shall be decreased to five (5) tables if "No Bust 21 st Century Blackjack 5.1" is determined not to be a permitted game under subsection (q)(4) below. (q) Permitted Games. The games permitted within the city boundaries are those set by resolution of the city council, as may be amended from time to time, and that are also permitted under applicable 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 any game 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. The permitted games may not be banking games or percentage games. (1) For purposes of this subsection (q), "No Bust 21st Century Blackjack 5.1" may be permitted for a six (6) month trial period, with a limit of one (1) split hand, initial maximum bet not to exceed $100.00, maximum bet not to exceed $200.00 per person per round. A player is not allowed to double down on the originally dealt hand or a split hand if the bet would exceed the maximum $200.00 per person per round. Backline bets are allowed, but not to exceed the maximum $200.00 per person per round. The original player is not allowed to place additional bets in backline betting location. (2) This trial period shall commence on June 2, 2010 and shall be reviewed by the chief of police with a report to the city council on any adverse impacts due to "No Bust 21 st Century Blackjack 5.1" being allowed as a permitted game. The report shall be made to the City Council prior to the trial period ending, or by December 2, 2010. (3) If the chief of police finds that there are no adverse impacts from "No Bust 21st Century Blackjack 5.1" being a permitted game and recommends that it remain as a permitted game and the city council accepts and approves the chief of police's recommendation, "No Bust 21st Century Blackjack 5.1" shall be a permitted game without any further action by the city. (4) If the chief of police finds that there are adverse impacts from "No Bust 21 st Century Blackjack 5.1" being a permitted game and recommends that it should not remain as a permitted game and the city council accepts and approves the chief of police's recommendation, "No Bust 21st Century Blackjack 5.1" shall not be a permitted game without any further action by the city. This determination shall be a final action. SECTION VIII IJH\816717.1 2 ORDINANCE NO. 2010-08 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 or phrase hereof, irrespective of the fact that anyone 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 3rd day of May, 2010, by the following vote: AYES: COUNCILMEMBERS: BRACCO, DILLON, GARTMAN, TUCKER, WOOODW ARD NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ARELLANO, PINHEIRO APPROVED: - \ 'ciJt-~ ~ ~ J Dion Bracco, Mayor Pro Tempore ;;,. ATTE~T: (i /~ ,l ./ l I ! IJH\816717.1 3 ORDINANCE NO. 2010-08 I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2010-08 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 3rd day of May, 2010, 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 6th day of May, 2010. (Seal)