HomeMy WebLinkAboutOrdinance 1739 (Card Rooms & Gambling)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify that the foregoing Charter
Ordinance No. 1739 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 10.36 RELATING TO CARD ROOMS, TO ADD A NEW SECTION 10.36.130
ADOPTING REGULATIONS REQUIRED FOR COMPLIANCE WITH THE STATE GAMBLING
CONTROL ACT, AND TO DELETE SECTION 10.36.070 RELATING TO A
PROHIBITION OF ALCOHOLIC BEVERAGES"
is a true and correct copy of an Ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 7th day
of JUNE, 1999, published as required by City Charter in the MARIN INDEPENDENT
JOURNAL, a newspaper published in the City of San Rafael and passed and adopted as
an Ordinance of said City at a REGULAR meeting of the City Council of said City held
on the 21st day of JUNE, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
24th day of JUNE, 1999.
�e G ��€r k
JEANNE M. LEON NI, City Clerk
ORDINANCE NO. 1739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING CHAPTER 10.36 RELATING TO
CARD ROOMS, TO ADD A NEW SECTION 10.36.130
ADOPTING REGULATIONS REQUIRED FOR COMPLIANCE
WITH THE STATE GAMBLING CONTROL ACT, AND TO
DELETE SECTION 10.36.070 RELATING TO A PROHIBITION
OF ALCOHOLIC BEVERAGES.
WHEREAS, the City of San Rafael regulates card room operations in the City pursuant
to Chapter 10.36 of the San Rafael Municipal Code; and
WHEREAS, no additional card rooms may be licensed in the City of San Rafael
pursuant to San Rafael Municipal Code Section 10.36.045, and there now exists in the City of
San Rafael one licensed card room at which four card tables are permitted, known as Club San
Rafael (formerly Pete's 881 Club), the license for which is held by Robert Randolph Pellolio,
which license may not hereafter be transferred to any person pursuant to San Rafael Municipal
Code Section 10.36.100; and
WHEREAS, the State of California in 1997 adopted the Gambling Control Act, codified
at Business and Professions Code Sections 19800 et seq., which required pre-existing card rooms
permitted by local jurisdictions to obtain a State gambling license, which licenses would be
denied unless the local jurisdictions adopted ordinances containing certain regulations as
specified in Business & Professions Code Section 19851; and
WHEREAS, the City of San Rafael Card Room Ordinance does not contain all of the
regulations specified by the aforementioned Gambling Control Act; and
WHEREAS, Robert Randolph Pellolio has requested the City Council of the City of San
Rafael to amend its Card Room Ordinance to comply with Gambling Control Act, having
DRIGINV
received a letter, dated December 2, 1998, threatening to deny his pending application for a State
gambling license unless the City of San Rafael amended its ordinances to contain all of the
regulations specified in the Gambling Control Act;
WHEREAS, Robert Randolph Pellolio also has requested the City Council to eliminate
the prohibition on alcoholic beverages in card rooms as currently contained in San Rafael
Municipal Code Section 10.36.070, and the City Council has concluded, based upon advice and
input from City staff, that the deletion of that provision will not create any public safety
problems or otherwise be detrimental to public welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1.
Chapter 10.36 of the San Rafael Municipal Code is amended to add Section 10.36.130
which shall read as follows:
Section 10.36.130 -- Regulations Required for Compliance with Gambling Control Act.
In order to comply with the requirements of the Gambling Control Act of the State of
California, codified at Business and Professions Code Sections 19800 et seq., any card room
licensed and permitted to operate in the City of San Rafael, subject to the provisions of this
Chapter, shall be subject to the following additional regulations as well as any other applicable
provisions of the Gambling Control Act and any successor statutes:
1. Hours of Operation. The card room shall conspicuously post its hours of
operation at all entrances and exits of the premises in which the card room is operating, in order
to give law enforcement officials and patrons adequate notice of the hours during which the card
room will be open for business. Such posted operation hours shall conform to the limitations on
operating hours contained in Section 10.36.080.
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2. Patron Securitv and Safetv. The card room shall be responsible for and liable for
the security and safety of its patrons in and around the premises in which the card room is
operating. Each card room shall conspicuously post inside the card room a patron security and
safety plan, in order to give law enforcement and patrons adequate notice of such plan.
3. Location of Card Room. The card room shall not be located in any zoning district
where it is not permitted as a matter of right or by use permit pursuant to the provisions of Title
14 of this Code.
4. Waeering Limits. The card room shall adopt and enforce wagering limits for each
controlled game permitted under California Penal Code Section 337j(e) and any successor
statutes, which wagering limits shall be subject to such limitations as may be set by the State of
California or by the City of San Rafael by Resolution adopted by the City Council. Such
wagering limits shall be conspicuously posted at or near each card table in order to give patrons
adequate notice of the applicable wagering limits.
5. Number of Tables. The maximum number of card tables permitted in the card
room, and the maximum number of card tables permitted in the City of San Rafael, shall be four
card tables. Each card table shall accommodate no more than ten patrons at one time.
6. Work Permits. No person shall be employed by the card room as an employee,
nor serve as an independent agent for the card room, unless he or she has a valid work permit
issued by the State of California. Copies of such work permits shall be available for inspection
by the City's law enforcement officials during the card room's hours of operation.
DIVISION 2:
Section 10.36.070 of the San Rafael Municipal Code is hereby deleted.
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DIVISION 3:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordi-
nance. The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 4:
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation, published, and circulated in the City of San Rafael, and shall be in full force and
effect thirty (30) days after its final passage.
ATTEST:
A.'Zz��
M. LEONCINI, City Clerk
The foregoing Ordinance No. 1739 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 7°i day of June, 1999 and ordered passed to print by
the following vote, to wit:
AYES: Councilmembers : Cohen, Hel l er, Mi 11 er, Phi 11 i ps & Mayor Boro
NOES: Councilmembers : None
ABSENT: Councilmembers : None
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and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 21 s t day of JUNE '1999.
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JEA.NNM. LEONC , City Clerk