The URL can be used to link to this page

Home My WebLink AboutAgenda Report - October 15, 2014 I-02AGENDA ITEM Crry or Lonr C oulqcrr. C onnMUNrcATIoN AGENDA TITLE:lntroduce Ordinance Amending Lodi Municipal Code Chapter 5.12 - Cardrooms, by Repealing and Re-enacting Section 5.12.140 (C) "Rules and Regulations" MEETING DATE:October 15,2014 PREPARED BY:City Attorney REGOMMENDED ACTION: lntroduce Ordinance amending Lodi Municipal Code Chapter 5.12 - Cardrooms, by repealing and re-enacting Section 5.12.140 (C) "Rules and Regulations." BACKGROUND INFORMATION: At the August 6, 2014 City Council meeting, staff requested direction from the City Council regarding an amendment to the Restaurant to arow two add*..,d,ffi:T:i#,.::ill,iï,ï"01"ff;:lfl,lff,iÏilÏfi"lHl,init ",,,number of tables permitted within the City of Lodi at 15. Following Council approval of the request, the proposed change was submitted to the Attorney General's office for review and approval. By letter dated September 22, 2014 (copy attached), the Attorney General's office has approved the requested change in the number of cardroom tables from 13 to 15, and caps the total number of tables permitted in the City of Lodi at 15. The Police Department and Community Development Department have both indicated that they have no history of complaints or enforcement issues as to the operation of the Wine Country Cardroom and Restaurant. Therefore, staff recommends that the City Council introduce the attached Ordinance. F¡SGAL IMPAGT: Unknown revenue increase to the General Fund FUNDING AVAILABLE: Not applicable. Ap agdich, City Attorney APPROVED: r-z l*Stephen Schwabauer, City M ORDINANCE NO. ____ AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 – CARDROOMS – BY REPEALING AND REENACTING SECTION 5.12.140 (C), “RULES AND REGULATIONS” ===================================================================== BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 – Cardrooms is here amended by repealing and reenacting Section 5.12.140 (C), “Rules and Regulations,” and shall read as follows: C. Not more than thirteenfifteen tables shall be permitted in any cardroom. No more than thirteenfifteen tables shall be permitted to operate within the city. SECTION 2. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuant to law and shall become effective 30 days from the date of passage and adoption. Approved this ___ day of _______, 2014 PHIL KATZAKIAN MAYOR ATTEST: JENNIFER M. ROBISON City Clerk 2 State of California County of San Joaquin, ss. I, Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Ordinance No. ____ was introduced at a regular meeting of the City Council of the City of Lodi held October 15, 2014, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held _______________, 2014, by the following vote: AYES: COUNCIL MEMBERS – NOES: COUNCIL MEMBERS – ABSENT: COUNCIL MEMBERS – ABSTAIN: COUNCIL MEMBERS – I further certify that Ordinance No. ____ was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved to Form: JANICE D. MAGDICH City Attorney Pleøse immediøtely conJirm receipt of this føx b1t culling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-I9TO ADVERTISING INSTRUCTIONS SUBJEGT: PUBLISH DATE: SUMMARY OF ORDINANCE NOS. I898 _ 19OO SATURDAY, OCTOBER I8, 2OI4 I -GAL AD TEAR SHEETS WANTED: One (1) þlease SEND AFFIDAVIT AND BILL TO: LNS ACGT. #O5lOO52 DATED: ORDERED BY: THURSDAY, OCTOBER 16, 2014 JENNIFER M. ROBISON C¡TY CLERK NIFER ROBISON, CMC CLE JENNIFER M. ROBISON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 ELENA STODDARD ADMINISTRATIVE CLERK rance of this Legal in the Newspaper - Copy to FileV SEND PROOF OF ADVERTISEMENT. THANK YOU! ! N :\Administration\Ct,EIìK\OrdSunrmaries\Advins.doc at of all at onFaxedtotheSentinelat369-1 084 I LNS Phoned to confirm ) C¡TY OF LODI ORDINANCE NO. 1898 AN oRDINANcE oF THE LoDI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 8 - HEALTH AND SAFETY. BY ADDING CHAPTER 8.30, "REGULATION OF MARIJUANA CULTIVATION," W¡THIN THE CITY OF LODI' The purpose of this ordinance is to enact regulations regarding the cultivation of marijuana in a manner that protects the health, safety, and welfare of the community. lntroduced October 1,2014; adopted October 15,2014', and effective November 15, 2014. AYES: Hansen, Mounce, and Mayor Katzakian; NOES: Johnson; ABSENT: Nakanishi. ORDINANCE NO. I899 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNIC¡PAL CODE GHAPTER 15.20 - FIRE CODE - BY ADDING SECTION 15.20.275, "ELECTRONIC RECORDS." The purpose of this ordinance is to permit electronic filing of records, in conformity with the California Fire Code and Title 19 of the California Code of Regulations, which will allow the City of Lodi Fire Prevention Department to meet the goát of keeping paperless records and increasing compliance, lntroduced October 1, 2014; adopted October 15, 2014; and effective November 14, 2014. AYES: Hansen, Mounce, and Mayor Katzakian; NOES: Johnson;ABSENT: Nakanishi. ORDINANCE NO. I9OO AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 _ CARDROOMS - BY REPEALING AND REENACTING SECTION 5.12.140 (C), "RULES AND REGULATIONS." The purpose of this ordinance is to allow two additional tables in any cardroom, increasing the number from 13 to 15; and capping the total number of tables permitted within the City of Lodi at 15. lntroduced October 15, 2014.Adnnfirrn rarill ha ¡nn S lrlnrraml"rar I O tñ'lÁ AYES: Hansen, Johnson, Mounce, and Mayor Katzakian; NOES: None; ABSENT: Nakanishi Jennifer M. Robison, City Clerk City of Lodi October 16,2014 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. I9OO AN ORDTNANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 - CARDROOMS - BY REPEALING AND REENAGTING SECTION 5.12.140 (C), "RULES AND REGULATIONS" On Thursday, October 16,2014, in the City of Lodi, San Joaquin County, California, a certified copy of a Ordinance No. 1900 (attached hereto, marked Exhibit "A"), was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 16,2014, at Lodi, California. ORDERED BY JENNIFER M. ROBISON CITY CLERK ifer M son, CMC Clerk Elena Stoddard Administrative Clerk ordsummaries\aadecpost2. doc ORDINANCE NO. 19OO AN ORDTNANCE OF THE LOql ClrY CqU!\clL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 _ CARDROOMS - BY REPEALING AND REENACTING sEcTloN 5.12.140 (C), "RULES AND REGULATIONS', BE IT ORDA¡NED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 - Cardrooms - is here amended by repeal¡ng and reenacting Section 5.12.140 (C), "Rules and Regulations," and shall read as follows: C. Not more than fifteen tables shall be permitted in any cardroom. No more than fifteen tables shall be permitted to operate within the city. SECTION 2. No M atorv Dutv of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which impo employee thereof, a mandatory duty of care towards outside of the City so as to provide a basis of civil liab ses upon the City, or any officer or persons or property within the City or ility for damages, except as othenruise imposed by law. SECTION 3. Severabilitv. lf any provision of this ordinance orthe application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 5. This ordinance shall be published pursuantto law and shall become effective 30 days from the date of passage and adoption. Approved this 19th day of November, 2014 PHIL KATZAKIAN MAYOR ATTEST: JENNIFER M. ROBISON City Clerk State of California County of San Joaquin, ss. Jennifer M. Robison, City Clerk of the City of Lodi, do hereby certify that Ordinance No-lgoo was introduced at a reoular meeting of the City Council of the City of Lodi held October 15,2014, and was therãafter passed, adopted, and ordered to print at a regular meeting of said Council held November 19, 20 AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - 14,by the following vote: I further certify that Ordinance No. 1900 was approved and signed by the Mayor on the date of its passagè and the same has been published pursuant to law. JENNIFER M. ROBISON City Clerk Approved to Form JANICE D. MAGDICH City Attorney 2