Ordinance 2016-10ORDINANCE NO. 2016-10
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING CHAPTER 16,
ENTITLED "OFFENSES — MISCELLANEOUS" BY
AMENDING SECTION 16.6 -1 PERTAINING TO THE
NUMBER OF PERMITTED TABLES AT THE
GARLIC CITY CARDROOM
WHEREAS, pursuant to California Constitution article XI, section 7, and the City
Charter, section 600, the City Council has the authority to enact ordinances which promote
the public health, safety and general welfare of its residents; and
WHEREAS, Business and Professions Code section 19961.06 and the Gilroy City
Code Section 16.6 -1 regulates the number of cardroom tables permitted per cardroom; and
WHEREAS, on March 28, 2016, the City received a letter from the Department of
Justice of Gambling Control stating that it did not object to the addition of two (2) cardroom
tables at the Garlic City Cardroom; and
WHEREAS, this Ordinance is exempt from the requirements of the California
Environmental Quality Act of 1970 ( "CEQA "), as amended, because it does not involve an
activity that may cause either a direct physical change in the environment or a reasonably
foreseeable indirect physical change in the environment.
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 amend Section 16.6 -1 (p) to read as follows:
"16.6 -1 Cardrooms.
(p) Table Restriction. No permittee, or the permitee's employee, shall use, operate
or permit the use of operation of more cardroom tables than those permitted by its
cardroom permit and for which the permitee 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 ten (10 ) tables. All
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tables shall be located in the same room and be visible from the entrance of the Card
Room.
SECTION II
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 any one or more sections,
subsections, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION III
This Ordinance shall be in full force and effect thirty (30) days after its
passage and adoption.
PASSED AND ADOPTED this 6th day of June, 2016, by the following roll call vote:
AYES: COUNCILMEMBERS: AULMAN, BRACCO, HARNEY,
LEROE -MU%Z, TUCKER, VELASCO and WOODWARD
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
VED:
Perry oo ard, Mayor
ATTEST:
Freels, City Clerk
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -10 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 6`" day of June, 2016, 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 7h day of June, 2016.
Shaav M Freels, MMC
Ci / /Clerk of the City of Gilroy
(Seal)