HomeMy WebLinkAboutOrd 1252-1999ORDINANCE NO. 1252- 99
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTH SAN FRANCISCO AMENDING CHAPTER 6.36 OF THE
MUNICIPAL CODE REGARDING REGULATION OF CARD ROOMS
WHEREAS, the Business and Professions Code authorizes the City of South San Francisco to adopt
regulations concerning gambling establishments and card rooms; and
WHEREAS, the California Division of Gambling Control has notified the City that amendments to the
City's ordinance regulating card rooms are required in order to make the ordinance consistent with state law;
and
WHEREAS, if appropriate amendments are not made to the City's card room ordinance before a business'
provisional gambling license expires, the business must close its doors until a new license is acquired; and
WHEREAS, the City's sole card room subject to the Division of Gambling Control's regulations possesses
a provisional license that expires on December 31, 1999, thus requiring that business to close if the City's
ordinance is not amended before that date; and
WHEREAS, if the business' provisional license becomes invalid, the business will be forced to close, and
persons employed by the card room would be unable to work and provide for their families, the City would
lose tax revenue generated by the card room operations, and the residents of the City would lose a valuable
recreational activity, thus affecting the public health, safety, and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 6.36.010 of the South San Francisco Municipal Code entitled "Purpose and
scope" is hereby amended to read as follows:
"This chapter is adopted for the purpose of regulating the business of card rooms (gambling clubs) as
hereinafter defined. In adopting this chapter, the city council recognizes that there is currently no zone
district in the City of South San Francisco in which card rooms are a permitted use or use permitted subject
to obtaining a use permit. Further, state law currently mandates that no gaming club shall be located within
the territorial limits of any city which had not permitted gaming clubs prior to January 1, 1984, unless a
majority of electors voting thereon affirmatively approve a measure permitting legal gambling within that
city. Therefore, no gaming clubs may be established or located in South San Francisco without a vote of
the people as set forth above. Nevertheless, one gaming club is currently in existence is South San Francisco
as a preexisting lawful nonconforming use. It is the intent of the city council that this chapter shall apply
to and regulate the existing card room and any others that might hereafter be established in compliance with
the Gambling Control Act and as a result of the approval of legal gambling by the electors of this city."
|
SECTION 2: Section 6.36.050 of the South San Francisco Municipal Code entitled "Identification
cards, action of chief of police" is hereby amended to add the following provision:
"(e) The California Division of Gambling Control shall have the authority to object to the issuance of any
work permit."
SECTION 3: Section 6.36.060, subdivision (b), of the South San Francisco Municipal Code entitled
"Card rooms, operations regulated" is hereby amended to read:
"(b) No card room shall contain more tables for the playing of cards than the number for which a business
license fee has been paid for the current calendar year; but in no case shall any establishment contain more
than ten tables."
SECTION 4: Section 6.36.060, subdivision (d), of the South San Francisco Municipal Code entitled
"Card rooms, operations regulated" is hereby amended to read:
"(d) No card room may be located at a site other than where gaming establishments are currently located
without approval of the city council. Card rooms shall be located on the ground floor, and no card games
shall be played or permitted to be played at any other location within or upon the premises."
SECTION 5: Section 6.36.060 of the South San Francisco Municipal Code entitled "Card rooms,
operations regulated" is hereby amended to add the following provision:
"(q) The card room operator shall ensure the security and safety of its patrons and the general public in and
around the establishment."
SECTION 6: Findings of Urgency and Effective Date
Pursuant to Government Code Sections 36934 and 36937, the City Council hereby finds and declares that
the facts set forth above constitute an emergency, and finds and declares that this Ordinance is necessary to
protect the public health, safety and welfare from the current and immediate threat which the City Council
finds is posed by the threatened closing of businesses subject to the City's card room ordinance. This
Ordinance shall become effective immediately upon four-fifths vote of the City Council.
SECTION 7: Severability
In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such
section or portion shall be deemed severable and all other sections or portions hereof shall remain in full
force and effect.
SECTION 8. Publication
This ordinance shall be published once, with the names of those City Councilmembers voting for or
against it, in the San Mateo Times, a newspaper of general circulation in the City of South San
Francisco, as required by law.
Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held
the 17 day of movember ,1999, by the following vote:
AYES: Councilmembers Joseph A. Fern~k~q, glJ~on~ R, Mullin, John P. Penna
NOES: Mayor Pro Tem Matsumoto and Mayor James L. 'Datzman
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 17
day of November ,1999.
\~FS 1 \SYS\WPD~MNRSW~405\0 I\ORD\ 1999~May~gamb~ng.doc
I I II1