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Ordinance 2018-13ORDINANCE NO. 2018-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING GILROY CITY CODE SECTION 16.6 -1 OF CHAPTER 16, ENTITLED "OFFENSES — MISCELLANEOUS" PERTAINING TO PERMITTED GAMES AND CARDROOM WAGERS 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, on March 4, 2013, the City Council adopted Ordinance No. 2013 -05, which: (1) allowed for unlimited wagering within cardroom premises and for the playing of any game within the City of Gilroy, as approved by the State of California, for a one -year trial period; (2) designated the Chief of Police to monitor and report back to the City Council any adverse impacts during the trial period; and (3) permitted City Council to approve the continuation of unlimited wagering and all permitted games, after consideration and approval of the recommendation and findings of the Chief of Police; and WHEREAS the Chief of Police reported to City Council that unlimited wagering and the play of permitted games in the Garlic City Cardroom have not had any adverse impacts on the City of Gilroy; and WHEREAS on May 29, 2018, the City submitted a draft Ordinance amending the City Code to be consistent regarding wagering restrictions, to the Bureau of Gambling Control for their review; and WHEREAS, on July 3, 2018, the City received a letter from the Bureau of Gambling Control stating that it did not object to unlimited wagering limits or the play of all games permitted by local, state, and federal law, at the Garlic City Cardroom; and WHEREAS, the City has determined that the review and approval of the provision contained in this ordinance is exempt from environmental review under the California Environmental Quality Act ( "CEQA ") pursuant to the provisions of Section 15061(b) (3) of the CEQA Guidelines, which states that a prof ect is exempt from CEQA when "[t]he activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant impact to the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA ". JH104706083 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 ", Sections 16.6 -1 (q), (s) and (x) is hereby amended to read as follows "16.6 -1 Cardrooms. (q) Permitted Games. The games permitted within the city boundaries are those permitted by 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 games 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. (s) Wagers. There shall be no limits on any person playing within the cardroom premises to make a single ante, wager or bet. (x) Posted Rules of Play. It shall be the responsibility of each and every cardroom permittee to post the rules and regulations relating to cardrooms and permitted card games in a conspicuous and easily available location within the cardroom premises. Permittees, owners and managers shall be responsible to ensure that all cardroom employees have read and understood the posted rules. The posted rules shall include at least one (1) set of the rules of play for each permitted games as approved by the chief of police. These posted rules shall either be posted on a wall or other conspicuous place visible from any cardroom table, or printed and made available upon request to each and every person playing any game upon the cardroom premises, so long as a notice of the availability of said rules of play is conspicuously posted and visible from any cardroom table. The posted rules shall also include at least one (1) set of the following rules and regulations posted in a conspicuous and easily available location within the cardroom premises: (1) No person under the age of twenty -one (2 1) is permitted to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises; (2) No person who is obviously under the influence of an intoxicating beverage, narcotic or drug is permitted to play any game upon the cardroom premises or to be or remain in or upon the cardroom premises; (3) Disorderly conduct or any other conduct that constitutes a breach of the peace or that is otherwise detrimental to the public health, safety or welfare, is prohibited on or around the cardroom premises; (4) It is unlawful for any permittee, owner, manager, employee or other agent of permittee, or person having a financial interest in the cardroom to engage in the lending of money, chips, tokens, or other things of value, either real or promised, to any customer, player or other person on or about the cardroom premises for the ORDINANCE NO. 2018-13 4850 -0472 -56120 2 JH104706083 purpose of allowing that person to play cards upon the cardroom premises; (5) It is unlawful for any permittee, owner, manager or employee or other agent of permittee to cash or otherwise accept second party checks, or allow second party checks to be cashed or otherwise accepted, on or about the cardroom premises; (6) It is unlawful for any owner, operator, shareholder, manager, employee or any other person employed by or having a financial interest in the cardroom to be physically present upon the cardroom premises without having prominently displayed in plain view their own personal identification card; (7) It is unlawful for any permittee, owner, manager or employee of any cardroom to play cards upon the cardroom premises in which they have an interest unless he or she wears their identification card in plain view to all persons with whom they are playing cards. Managers or employees of any cardroom may only play cards upon the cardroom premises with their own, personal money 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 IX This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption. PASSED AND ADOPTED thisl7th day of September, 2018, by the following vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, LEROE- MUNOZ, TOVAR, TUCKER and VELASCO ABSENT: COUNCILMEMBERS: ORDINANCE NO. 2018-13 4850 -0472 -56120 3 JH104706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2018 -13 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 17th day of September, 2018, 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 19th day of September, 2018. City Clerk of the City of Gilroy (Seal)