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Home My WebLink AboutAgenda Report - June 6, 2018 I-01CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: AGENDA ITEM 1-01 Ordinance No. 1952 Entitled, "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" MEETING DATE: June 6, 2018 PREPARED BY: City Clerk RECOMMENDED ACTION BACKGROUND INFORMATION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1952. Ordinance No. 1952 entitled, "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," was introduced at the regular City Council meeting of May 16, 2018. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. CaL Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/PMF Attachment APPROVED: --Yr)./tAcuittg inifer erraiolo City Clerk 5 op - n Sch abaa- r, City Manager N:\Administration\CLERK\CounciRCOUNCOM\Ordinance) .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" 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 6th day of June, 2018 cii JOANNE MOUNCE Mayor Pro Tempore ATTEST: Thr\c_e_A&z4,4 NNIFEft.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 June 6, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, and Kuehne NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — Mayor Nakanishi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1952 was approved and signed by the Mayor Pro Tempore on the date of its passage and the same has been published pursuant to law. Approved to Form JAN ICE D. MAGDICH City Attorney 2 -"V1, NIFER!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, JUNE 9, 2018 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, JUNE 7, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK zr►_ !s. •—:—/.10 PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at classified1@lodinews.com at 411 • 2 i _(time) on 7 (date) LNS Phoned to confirm receipt of all pages at (time) ^P ES (initials) N:\Administration\CLERK\Ord Summaries\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. Adopted June 6, 2018, and effective July 6, 2018. AYES: Chandler, Johnson, and Kuehne; NOES: Mounce; ABSENT: Mayor Nakanishi. Jennifer M. Ferraiolo, City Clerk City of Lodi June 6, 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, June 7, 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 June 7, 2018, at Lodi, California. Pamela M. Farris ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elizabeth Burgos Deputy City Clerk Administrative Clerk ordsummaries\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" 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 6th day of June, 2018 JOANNE MOUNCE Mayor Pro Tempore 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 June 6, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, and Kuehne NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — Mayor Nakanishi ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1952 was approved and signed by the Mayor Pro Tempore 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'thisfax 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 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MAY 17, 2018 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK 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!! Emailed to the Sentinel at classified)@lodinews.com at 7 .45 (time) on .5/17/1 Ft (date) LNS Phoned to confirm receipt of all pages at (time) PM ES (initials) N:\Administration\CLERK\OrdSununaries\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. mal -,104 A"- /0 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Elizabeth Burgos Deputy City Clerk Administrative Clerk ords ummaries\aaDecPost. d oc ORDINANCE NO. 1952 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 5.12 — CARDRODMS — 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. "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. AM 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 — 1 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