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HomeMy WebLinkAboutAgenda Report - May 16, 2018 H-01CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 5, "Permits and Regulations", Chapter 5.12 "Cardrooms" by Repealing and Re-enacting Section 5.12.140(F) "Rules and Regulations" to Increase Hours of Operation from 20 to 24 Hours per Day MEETING DATE: May 16, 2018 AGENDA ITEM PREPARED BY: City Attorney's Office RECOMMENDED ACTION: Introduce ordinance amending Lodi Municipal Code Title 5, "Permits and Regulations", Chapter 5.12 "Cardrooms" by repealing and re- enacting Section 5.12.140(F) "Rules and Regulations" to increase hours of operation from 20 to 24 hours per day. BACKGROUND INFORMATION: By letter dated December 19, 2017 (attached), Parkwest Casino has submitted a request to the City to amend Lodi Municipal Code Section 5.12.140(F), to increase the hours of operation allowed under the current ordinance from 20 to 24. The current City Ordinance reads as follows: "Cardrooms may be operated seven days a week and shall not open until the hour of nine a.m. Cardrooms shall close no later than five a.m. A cardroom shall adopt a schedule of hours of operation before it shall be allowed to operate. Such schedule of hours shall be clearly posted at the cardroom in order to provide adequate notice of its hours of operation." Such an increase is permissible under Business & Professions Code section 19961.05. Senate Bill 654 was recently passed and became effective January 1, 2018, allowing cardrooms to operate 24 hours per day, seven days a week, given the appropriate local ordinance and use permit. The amendment to the cardroom ordinance has been reviewed and approved by the California Attorney General's Office (see attached correspondence dated Apri1l3, 2018 from the Department of Justice). The Police Department and Community Development Department have both indicated that they have no objections to Parkwest Casino's request to increase the hours of operation from 20 to 24 hours per day. RECOMMENDATION: Introduce the attached ordinance amending Lodi Municipal Code Title 5, "Permits and Regulations", Chapter 5.12 "Cardrooms" by repealing and re-enacting Section 5.12.140(F) "Rules and Regulations" to increase hours of operation from 20 to 24 hours per day FISCAL IMPACT: Unknown increase in revenue to the General Fund. a dich City . M g Attorney APPROVED: INV-bauer • anager Ste D SNIDER, DIEHL, SLOUP R & RASMUSSEN, LLP ATTORNEYS AT LAW December 19, 2017 Janice Magdich City Attorney P. O. Box 3006 Lodi, CA 95241 Re: City of Lodi Cardroom Ordinance Dear Ms. Magdich: Stephen C. Snider Trenton M. Diehl Sasha D. Sloup Alexandra R. Poletti Craig Rasmussen U DEC 2 4 2017 CITY ATTORNEY'S OFFICE This office represents Lodi Cardroon, Inc., owner of the Parkwest Casino located at 1800 S. Cherokee Lane in Lodi. The purpose of this letter is to request action by the Lodi City Council to change the Lodi City Code of Ordinances, as it relates to the operating hours of any cardroom within the City. That section is currently found at 5.12.140 C of the Lodi Municipal Code. That provision reads, in part, that: "Cardrooms may be operated seven days a week and shall not open until the hour of 9:00 a.m. Cardrooms shall close no later than 5:00 a.m." Senate Bill 654 recently passed and will become law effective January 1, 2018. It would allow cardrootns to operate twenty-four hours per day, seven days a week, given the appropriate local ordinance and use permit. This Bill will be codified as Section 19961.05 of the California Business and Professions Code, at Section 1. In pertinent part, it provides that a City "... may amend its ordinance to increase the operating hours of a gambling establishment up to twenty- four hours a day, seven days a week." Based upon this Amendment to the Business and Professions Code, we would respectfully request that the City consider amending the Cardroom Ordinance cited above to allow for operations twenty-four hours per day, seven days per week. Twenty-four hour operations.would offer benefits both to my client and the City. The Cardroom would provide for twenty-four hour security present at the premises. This would serve as a deterrent to criminal activity in the area. Twenty-four hour operations would even out the comings and goings of the patrons and traffic. Finally, it carries a potential for increased revenue which would benefit both the owners, and the City, based upon the local gambling revenue tax. 1 1 1 1 West Tokay Street, PO. Box 560 Phone: (209) 334-5144 Lodi, California 95241-0560 www.Iodilaw.com Fax: (209) 333-1034 Page 2 of 3 December 19, 2017 We are aware that if the City were to enact this Amendment that we would require an amendment to our Use Permit as well before commencing twenty-four hour operations. The first step in this process would be an amendment to the Gambling Ordinance. Thanks for your consideration of the foregoing request. Please do not hesitate to contact me if you have any questions or comments regarding the foregoing. By SCS:yj Very truly yours, SNIDER, DIEHL & RASMUSSEN, LLP cc: Steve Schwabauer, City Manager XAVIER BECERRA State of California Attorney General DEPARTMENT OF JUSTICE April 13, 2018 Janice D. Magdich, City Attorney City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 Re: City of Lodi --- Cardroom Proposed Ordinance Amendment Dear Ms. Magdich: BUREAU OF GAMBLING CONTROL 2450 DEL PASO ROAD, SUITE 100 SACRAMENTO, CA 95834 APR 1 9 2018 CITY ATTORNEY'S OFFICE On April 9, 2018, the Bureau of Gambling Control (Bureau) received the proposed amendment to the City of Lodi's (City) Municipal Code section 5.12.140, subdivision F, related to the gambling establishment's hours of operation. The City's proposed amendment was submitted in accordance with Business and Professions Code section 19961.1. The Bureau reviewed the City's proposed amendment for compliance with the California Gambling Control Act (Act) and offers the following comments. Currently, Municipal Code section 5.12.140, subdivision F, states that, "Cardrooms may be operated seven days a week and shall not open until the hour of nine a.m. Cardrooms shall close no later than five a.m. A cardroom shall adopt a schedule of hours of operation before it shall be allowed to operate. Such schedule of hours shall be clearly posted at the cardroom in order to provide adequate notice of its hours of operation." The City proposes to amend this section to read as follows: "Cardrooms may be operated twenty-four hours per day, seven days a week. A cardroom shall adopt a schedule of hours of operation before it shall be allowed to operate. Such schedule of hours shall be clearly posted at the cardroom in order to provide adequate notice of its hours of operation." On September 11, 2017, Senate Bill 654, Chapter 244, Statutes of 2017, was enacted and added Business and Professions Code section 19961.05. Effective January 1, 2018, a local jurisdiction may amend its ordinance to increase the operating hours of a gambling establishment to up to 24 hours a day, seven days a week. The Bureau reviewed the amendment and determined that the City's proposed amendment to its Municipal Code governing the hours of operation complies with the Act. Janice D. Madich April 13, 2018 Page 2 Upon approval and adoption of the proposed amendment, please provide the Bureau with a signed certified copy of the amendment. In addition, please provide the Bureau with a complete copy of the City's Municipal Code, Chapter 5.12, Cardrooms. If you have any questions, please contact Analyst Kenneth Larsen at (916) 559-6013 or at kenneth.larsen@doj.ca.gov. Thank you for your cooperation regarding this matter. Sincerely, Y ANDA MORROW Ass start Director For XAVIER BECERRA Attorney General 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 (F), "RULES AND REGULATIONS" RELATING TO HOURS OF OPERATION BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 — "Cardrooms" — is hereby amended by repealing and reenacting Section 5.12.140 (F), "Rules and Regulations," and shall read as follows: F. "Cardrooms may be operated twenty-four hours per day, seven days a week. A cardroom shall adopt a schedule of hours of operation before it shall be allowed to operate. Such schedule of hours shall be clearly posted at the cardroom in order to provide adequate notice of its hours of operation." 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 , 2018 ALAN NAKANISHI MAYOR ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, 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 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2018, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN COUNCIL MEMBERS — !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. Approved to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1952 PUBLISH DATE: SATURDAY, MAY 19, 2018 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: ORDERED BY: JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 THURSDAY, MAY 17, 2018 JENNIFER M. FERRAIOLO CITY CLERK Q EFL, PAMELA M. FARR S DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT THANK YOU!! lEmailed to the Sentinel at classified1@lodinews.com at 7 •45 (time) on _5/17/i (date) LNS Phoned to confirm receipt of all pages at (time) PM ES (Initials) N:\Administration\CLERK\OrdS ummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1952 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 — CARDROOMS — BY REPEALING AND REENACTING SECTION 5.12.140 (F), "RULES AND REGULATIONS," RELATING TO HOURS OF OPERATION . The purpose of this ordinance is to increase hours of operation of cardrooms from 20 to 24 hours per day. Introduced May 16, 2018. Adoption to be considered June 6, 2018. AYES: Chandler, Johnson, Kuehne, and Mayor Nakanishi; NOES: Mounce; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi May 16, 2018 A certified copy of the full text of this ordinance is available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1952 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 — CARDROOMS — BY REPEALING AND REENACTING SECTION 5.12.140 (F), "RULES AND REGULATIONS," RELATING TO HOURS OF OPERATION On Thursday, May 17, 2018, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1952 (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 May 17, 2018, at Lodi, California. J. 1l Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ord summaries\aaDecPost. doc ORDINANCE NO. 1952 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 — CARDROOMS — BY REPEALING AND REENACTING SECTION 5.12.140 (F), "RULES AND REGULATIONS" RE ATING TO HOURS OF OPERATION BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 5.12 — Cardrooms — is hereby amended by repealing and reenacting Section 5.12.140 (F), "Rules and Regulations," and shall read as follows: F. "Cardroor'ns rrla:/ be operated twenty-four hours per day, seven days a week, A cardroorn shall adopt a schedule of hours of operation before it shall be allowed to operate. Such schedule of hours shall be clearly posted at the cardroom in order to provide adequate notice of its hours of operation." 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 , 2018 ALAN NAKANISHI MAYOR ATTEST: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1952 was introduced at a regular meeting of the City Council of the City of Lodi held May 16, 2018, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held , 2018 by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — [further certify that Ordinance No. 1952 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk