HomeMy WebLinkAbout1521 - ORDINANCES - 11/15/1995 ORDINANCE NO. 1521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, EXTENDING THE
INTERIM ZONING REGULATIONS OF ORDINANCE 1488
FOR THE CONVERSION OF EXISTING HOTEL
PROPERTIES TO CONDOMINIUM-HOTELS AS HEREIN
DEFINED AND DECLARING THE URGENCY THEREOF. '
WHEREAS, the City Council has approved three conversions of
existing hotel properties to condominium ownership, which will
continue functioning primarily as hotel properties (i .e .
condominium-hotels) ; and
WHEREAS, the City of Palm Springs General Plan and Zoning Ordinance
set forth maximum density allocations for hotels and for
residential condominiums; and
WHEREAS, the Zoning Ordinance sets forth property development
standards and parking standards for hotels and for condominiums ;
and
WHEREAS, neither the Genera]. Plan nor Zoning Ordinance specifically
define a condominium-hotel and the Zoning Ordinance does not set
forth density criteria nor development standards for condominium-
hotels; and
WHEREAS, the City of Palm Springs (City) currently entails a number
of existing hotels which are over the allowable density and are not
in conformance with required development standards and are
potential candidates for conversion to condominium ownership; and
WHEREAS, condominium ownership of a hotel may involve different '
land use impacts in terms of parking needs, kitchen and living unit
aspects, recreational and other amenities and other considerations
which must be studied to determine what permanent regulations are
appropriate; and
WHEREAS, transient occupancy tax revenue constitutes a major
portion of the City' s budget and the City wishes to study how
conversion may be permitted while retaining the transient character
of the occupancy to assure the City' s continued revenue base; and
WHEREAS, changing market conditions have had the effect of
rendering formerly productive hotel proper_•ties economically
marginal and new ideas are needed to maintain these properties in
a viable condition; and
WHEREAS, existing hotel properties may have architectural or
historic value to the community if properly restored and
maintained; and
WHEREAS, it is in the best interest of the community to evolve
processes and regulations to ensure that existing hotel properties
which are nonconforming to current standards have the ability to
contribute economically while minimizing impacts to their
neighborhoods and the community as a whole; anal '
WHEREAS, the City Council finds that a definition of condominium-
hotels and the specific regulation of condominium-hotels must be
established; and
WHEREAS, on an interim basis until permanent regulations can be
adopted the City wishes to allow conversions to proceed so long as
they meet certain standards and are subject to Planning Commission
and City Council review on a case by case basis through a
conditional use permit; and
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WHEREAS, the three hotel properties approved for conversions to
condominium-hotels have not yet commenced to operate; and
WHEREAS, the City will require additional time to assess the
operation of the condominium-hotels in order to propose the
appropriate and necessary regulations and standards ; and
' WHEREAS, the planning study being undertaken by the City is not
complete, and other information is being sought; and
WHEREAS, the City Council, on December 14, 1994, adopted Urgency
Ordinance 1488 establishing interim zoning regulations for
condominium-hotels and a definition of condominium-hotels, and on
January 18, 1995 extended the provisions of said Urgency Ordinance
for ten months and 15 days ; and
WHEREAS, the City Council now wishes to extend the subject urgency
ordinance for one, final additional year pursuant to Government
Code Section 65858 .
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS :
SECTION 1 . DECLARATION OF FACTS CONSTITUTING URGENCY. The City of
Palm Springs hereby finds that this Ordinance is required to
prevent a current and immediate threat to the public health, safety
and welfare, in that the approval of conversion of existing hotel
properties to condominium-hotel uses may result in that threat to
public health, safety or welfare . The approval of requests for
conversion of existing hotels to condominium-hotels could impact
the integrity of the community and negatively impact the resort
character of the City. Many existing hotel properties which could
' potentially be converted to hotel-condominiums are not in
compliance with, including, but not limited to, property
development standards, parking standards and density standards .
The City does not set forth specific standards for condominium-
hotels . Therefore the City needs to study the proper regulation of
condominium-hotels .
SECTION 2 . CONVERSION PROHIBITED EXCEPT IN ACCORDANCE WITH INTERIM
STANDARDS . It is expressly declared that pursuant to the Zoning
Ordinance, uses which are not expressly permitted or conditionally
permitted are denied and since condominium-hotels are not a listed
use, they are prohibited except in accordance with the provisions
of this Ordinance . Therefore, during the period of the moratorium
enacted hereunder, as stated in Section 9, throughout the City of
Palm Springs, no hotel shall be permitted to convert to condominium
ownership, no application shall be accepted or processed and no
approval or permit shall be granted for such purpose, except in
accordance with the interim standards contained herein.
SECTION 3 . DEFINITIONS . USE OR OCCUPANCY OF LAND ON A
CONDOMINIUM-HOTEL BASIS . A condominium-hotel shall constitute a
common interest subdivision under the California Civil Code
consistent with the Subdivision Map Act and the City of Palm
Springs Subdivision Ordinance. Condominium-hotels shall be
properly developed to hotel standards where units or blocks of
units, including both occupiable hotel units (rooms/suites) and
commercial areas, are owned by individual entities and where the
property is operated as a hotel for short term transient occupancy
by the equity owner of the commercial area or where the hotel
property is operated by the owner association which could retain a
management company for the on-going operation and management of the
property. Unit owners are limited to a maximum of 180 total days
of occupancy in any calendar year and all units shall be available
for use by the hotel operator when not occupied by the owner.
Additionally, governing documents (i .e . covenants, conditions and
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restrictions) shall establish operational guidelines,
responsibilities and enforcement mechanisms . The hotel operation
shall be in the form and manner of a hotel including typical
services ancillary thereto, such as front desk, check-in and check-
out, bellhop service, maid service, room service, restaurant or
food and beverage services and such other similar services which
may be usual and customary for hotel operation.
SECTION 4 . ZONES IN WHICH PERMITTED BY CONDITIONAL USE PERMIT. A '
condominium-hotel shall be permissible only in such zones and at
the locations therein where a hotel use would be permitted as
herein after provided. Zones in which such projects are
permissible are the R-2 and R-3 zones . No condominium-hotel use
shall be permitted in a. Planned Development:: District unless
expressly shown or described on the approved development plan for
such district . Condominium-hotels shall be prohibited in any case
where a conditional use permit has not been applied for and
approved or in any case where condominium by-laws or covenants,
restrictions and/or conditions, expressly prohibit such use .
Additionally, condominium-hotels shall be permissible only on
properties which have been operated as hotels and shall not be
permitted on properties operated as apartments or properties
entailing existing residential condominiums .
SECTION 5 . APPLICATION FOR A CONDOMINIUM-HOTEL, PROJECT .APPROVAL.
An applicant for approval of a proposed condominium-hotel shall
submit a complete conditional use permit application on a form as
prescribed by the Director of Planning and Building, in addition to
any other application, information or forms that may be necessary
to complete a review of the subject application.
SECTION 6 . TRANSIENT OCCUPANCY TAX APPLICABLE . All condominium-
hotel projects shall be subject to the provisions of Chapters 3 . 24 ,
and. 3 . 28 of the Palm Springs Municipal Code . Individual owners of
condominium-hotel units are not subject to this provision when
occupying actual units owned.
SECTION 7 . CONDOMINIUM-HOTEL, CONDITIONAL USE PERMIT. The City
Council hereby finds that durin!3 the period of this moratorium, any
request for the conversion of an existing hotel property to a
condominium-hotel use shall require a Type II Conditional Use
Permit (as well as compliance with the Section 9 . 62 of the
Municipal Code regarding condominium conversions) . In addition to
other considerations of a conditional use permit outlined in
Section 9402 . 00 of the Zoning Ordinance, the Planning Commission
and City Council may approve or deny an application for a
conditional use permit in accordance with the general provisions
regarding findings and conditions in Section 9402 . 00 . The Planning
Commission and City Council may impose such conditions as it
determines are necessary to protect the public safety, health,
peace and welfare . Each use permit shall be issued with a
condition attached that no condominium-hotel rights or entitlement
shall be sold unless, at such time, there then exists a valid final
subdivision public report nor offered for sale without a valid
preliminary subdivision public report, for the sale of such
condominium-hotel rights or entitlement, issued by the Department
of Real Estate of the State of California. In determining whether,
and under what conditions to issue any such conditional use permit,
the Planning Commission and City Council, among other things, may
consider:
a. The impact of the condominium-hotel project on
transient or permanent rental stock;
b. The impact of condominium-hotel on present and
future City services;
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c . Nonconformity with current zoning regulations
including, but not limited to, density and property
development standards as well as the General Plan,
and reasonable conditions to eliminate same;
d. Allowing time extensions for existing nonconforming
zoning and parking regulations as related to
' Sections 9405 .00 and 9306 . 00 B. 3 , respectively;
e . Nonconformity with existing uniform building and
fire codes and reasonable conditions to eliminate
same;
f . The sign program proposed for the project;
g. The landscaping proposed for the project;
h. Traffic circulation and parking;
i . The applicant' s description of the methods proposed
to be employed to guarantee the future adequacy,
stability and continuity of a satisfactory level of
management and maintenance of the condominium-
hotel;
j . The desirability of requiring an office of the
managing agent or agency be located locally or on-
site, as appropriate;
k. Int-erim hotel use prior to approval of final tract
map for conversion to condominium ownership; and
' 1 . Any other factors deemed relevant and any other
information which the Commission or the applicant
considers necessary or desirable to an appropriate
and proper consideration of the application.
SECTION 8 . APPEALS FOR CONDITIONAL USE PERMIT APPLICATIONS . The
provisions of Chapter 2 . 05 of the Palm Springs Municipal Code shall
apply.
SECTION 9 . EXTENSION OF INTERIM REGULATIONS . This Ordinance is
intended to extend the interim regulations concerning the
conversion of existing hotel properties to condominium-hotels as
established in Ordinance 1488 . This Ordinance shall take effect
immediately upon its adoption by at least a four-fifths vote of the
City Council and shall remain in effect for one final year from the
date of its adoption.
SECTION 10 . URGENCY. The City Council hereby declares this
Ordinance to be an urgency measure in accordance with Government
Code Section 65858 .
SECTION 11 . SEVERABILITY. It is the intention of the City Council
that the sections, subsections, clauses and phrases of this
Ordinance are severable, and if any portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a court of
' competent jurisdiction, such decision shall not affect the validity
of the remainder of the Ordinance, and the City Council would have
enacted such remainder without the portion found to be invalid or
unconstitutional .
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01521
SECTION 12 . PUBLICATION. The City Clerk of the City of Palm
Springs shall certify to the passage and adoption of this Ordinance
and shall cause the same to be posted and published in the manner
required by law.
ADOPTED this 15th day of November , 1995 .
AYES : Members Kleindienst, Lyons, Reller-Spurgin and Mayor Maryanov ,
NOES : None
ABSENT: Member Hodges
ATTEST: CITY OF PALM SPRINGS, CALI:FORNIA
� t
Cit)ylClerk Mayor
REVIEWED AND APPROVED,/
I HEREBY CERTIFY that the foregoing Ordinance 1521 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting
held on the 15th day of November, 1995 and that same was duly published
in the DESERT SUN, a newspaper of general/circulation on
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\ UDITH SUMICH
City Clerk '
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AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ADOPTING AN AMENDMENT TO RECEIVED
THE GENERAL PLAN FOR THE CITY OF PALM SPRINGS
TO ALLOW LEGAL GAMING IN THE CITY OF PALM MAY 2 3 1SS35
SPRINGS, ADOPTING AN AMENDMENT TO PALM SPRINGS
' ZONING ORDINANCE TO ESTABLISH A GAMING CITY CLERK
OVERLAY ZONE, AND AUTHORIZING THE
ESTABLISHMENT OF GAMING CLUBS WITHIN THE CITY
AND SPECIFYING CRITERIA THEREFOR
WIIERF_.AS, the City established a Gaming Task Force by adoption of Resolution 18189
on October 6, 1993, to study whether the City should permit gaming as permitted by state law
to complement the gaming activities promoted by the Tribe; and
WHEREAS, the City's Gaming Task Force has spent many months studying the issue of
permitting gaming clubs within the City, and has collected extensive data and published a
preliminary report thereon; and
WHEREAS, the report by the Gaming Task Force projected that licensed gaming
operations within the City could generate up to $100 million in gross revenues, which would
Provide the City with millions of dollars annually in taxes and license fees, as well as
significantly increase hotel occupancy rates and directly and indirectly create vp to 2,000 jobs
in the local economy; and
' WHEREAS, any gaming clubs authorized hereunder would be subject to strict
regulations, conditions of approval, security measures, public review, and revocation proceedings
in order to alleviate any negative impact on patron and community health, safety and welfare,
as well as on the City's established tourist industry; and
WHEREAS, the City of Palm Springs is in need of additional sources of revenue to fund
essential public services, including police and fire protection services; and
WHEREAS, gaming, if properly developed and regulated, can make a valuable
contribution to the miz of activities available in the City to the tourist and thereby promote the
City's tourism-based economy and all aspects of the hospitality industry; and
VIBERF.AS, the people believe that games authorized by law are conducive to public
morals when they are played and conducted according to all laws, rules, regulations, and
provisions as set forth in this ordinance, and that a gaming club is not a public or private
nuisance; and
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FOOTNOTE: Section 9227.00 approved by Voters 11-7-95, effective December 15, 1995.
Amendments as to location of gaming clubs requires Voter approval ; other amendments
may be made by the City Council , upon a 4/5 vote.
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Wf EREAS, the people believe that any gaming clubs developed in the City must be
compatible with and complement the garnirig facility now being developed by the 'Tribe; and
WHEREAS, the people believe. that it is in the best interests of the City of Palm Springs
to amend the General Plan to allow for the development of gaming clubs in a gaming overlay
zone; and '
WHEREAS, the people believe that it is in the best interests of the City of Palm Springs
to amend Palm Springs Zoning Ordinance 1294 to provide for a gaming overlay zone; and
WHEREAS, by enacting this initiative measure the voters intend to approve and allow
gaming clubs within gaming overlay zones va Palm Springs in which any games permitted by
law, such as draw poker, low-ball poker and panguingue (pan) are played.
NOW, THEREFORE, THE PEOPLE OF THE CITY 01:1 PALM SPRINGS DO
ORDAIN AS FOLLOWS:
SECTION 1. The General Plan of the City of Palm Springs is hereby amended with the addition
of a new paragraph 5 in the Chino Cone Area Plan section of the Community Developm,cn.t
Element to read as follows:
5. The development of gaming facilities, as allowed by the laws of the State
of California, may be permitted in conjunction with large-scale resorts or
large-scale entertainment complexes.
SECTION 2. The General Plan of the City of Palm Springs is hereby amended with the addition '
of the following in the High-Density Residential Land Use section of the Community
Development Element:
3.8.4. The development of gaming facilities, as allowed by the laws of
the State of California, may be permitted in conjunction with resort hotels which
are located on a major thoroughfare and on a site which exceeds 16 ai=.
SECT[ON 3. The General Plan of the City of Palm Springs is hereby amended with the addition
of the following in the Large Scale Resorts Land Use section of the Community Development
Element:
3.9.9. The development of gaming facilities, as allowed by the laws of
the State of California, may be permitted in conjunction with ',large-scale resorts
or large-scale entertainment complexes.
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SECTION 4. The General Plan of the City of Palm Springs is hereby amended by adding a new
policy numbered 3.11.4 in the Commercial Land Uses section of the Community Development
Element, which policy shall provide as follows:
3.11.4 Allow for the development of gaming facilities as allowed by the
' laws of the State of California, which shall be located within gaming overlay
zones established pursuant to the Palm Springs Zoning Ordinance. The gaming
overlay zones would be appropriate in areas developed as resort hotels or large-
scale mixed-use entertainment complexes, or in proximity to the downtown
commercial core.
SECTION 5. The General Plan of the City of Palm Springs is hereby amended with the addition
of the following in the Downtown/Central Business District Land Use section of the Community
Development Element:
3.15.19. Allow the development of gaming facilities, as allowed by the
laws of the State of California, as a part of the entertainment component; such
facilities shall be established only in conjunction with resort hotels, entertainment
complexes or shopping centers.
SECTION 6. Palm Springs Zoning Ordinance 1294 is hereby amended to add a new Section
9227.00, as follows:
SECTION 9227.00 - "G" GAMING OVERLAY ZONE
' A. The economic growth and development of the City
of Palm Springs will be fostered by the development of gaming
establishments within the City of Palm Springs. The "G" Gaming
Overlay Zone is intended primarily to provide for the development
of such establishments while guarding against an unwanted
proliferation of gaming establishments in locations which would not
be compatible with the tourism goals of the General Plan and the
needs of the residents of the City of Palm Springs.
B. The "G" Zone may be established only in
conjunction (as an overlay symbol) with other zones.
C. Uses permitted shall be as provided in the
underlying zone with which the "G" Zone is combined, provided
that the underlying zone must be within one of the following areas,
subject to consistency with the General Plan: (1) The Central
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Business District, (2) an Urban Reserve Zone or (3) .a Planned
Development District.
D. The locations of the "G" Gaming Overlay Zones are
depicted on Exhibit "A" attached hereto and incorporated herein by ,
this reference.
E. Use of the locations for gaming shall be permitted
subject to compliance with state: and local laws.
F. A Type II Conditional Use Permit, subject to review of
both the Planning Commission and the City Council, must be
obtained to allow gaming, on a specific site within the "G" Gaming
Overlay Zone. Such Permit is subject to the findings that the
proposed gaming facility is compatible with its surroundings and
that the tourism goals of the General Plan are advanced by its
approval.
SECTION 7. That Chapter 11.12 of the:Palm Springs Municipal Code, entitled "Gambling" and
consisting of Sections 11.12.010, 11.12.020, 11.12.030, 11.12.040, and 11.12.050, is hereby
deleted in its entirety and is replaced by a new Chapter 11.12, entitled "Gaming Clubs," said
Chapter to read as follows:
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JCA!MjG CLUBS '
Sections:
11.12.010 Gaming Prohibited Except in Regulated Clubs
11.12.020 Definitions
11.12.030 Games Permitted
11.12.040 Conditions for the Establishment of a Gaming Club
11.12.050 Number of Gaming Tables Permitted
11.12.060 Hours of Operation
11.12.070 Applications for Licenses
11.12.080 Licenses - Investigations and Reports
11.12.090 Licenses - Granting, Denial, Amendment and Transfer
11.12.100 Licenses - Grounds for Denial
11.12.110 Judicial Review of Decisions
11.12.120 Licenses - Issuance
11.12.130 Licenses - Expiration
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11.12.140 Fees, Taxes and Assessments
11.12.150 Employment of Persons to Stimulate Play Prohibited
11.12.160 Modification or Revocation of Licenses
11.12.170 Employee Regulations
11.12.180 Patron and Community Security and Safety
' 11.12.190 Wagering Limits
11.12.200 Conflicts of Interest
11.12.210 Authority to Regulate Patrons and Employees
11.12.220 Amendment of Chapter
11.12.230 Not Applicable to Tribe
11�2 91��r.�nLnE Prohibited .x Pot in Re;�ated Clubs.
(1) Except as otherwise provided by Section 11.12.230 herein, it shall be
unlawful for any person (i) to play or bet at, (ii) to deal, carry on or conduct,
whether as owner or employee, (iii) or to knowingly permit in any house, room
or place owned by him or under his charge, any game played, conducted, dealt
or carried on with cards, dice or other device, for money, checks, clips, credit,
merchandise or other representations of value. This ordinance shall not apply to
any game or mechanical device defined in Part 1, Tide 9, Chapter 10 of the
California Penal Code (Section 330, g,f
(2) Except as otherwise provided by Section 11.12.230 herein, it shall be
unlawful for any person, for himself or herself, or for any other person,
corporation, or other business entity to engage in or carry on, or to maintain or
conduct, or cause to be engaged in, carried on, maintained or conducted, or share
in the profits of, any gaming club in the City of Palm Springs without first having
secured a license from the City to do so and without compliance with all of the
provisions of this Chapter and state law pertaining to gaming clubs. No gaming
operations shall be conducted in any location within the City unless so authorized
under the provisions of this Chapter.
(3) Games described below, when conducted in a licensed gaming club,
are allowed.
11,12,020 Definitions.
For the purpose of this Chapter, the words and phrases hereinafter set forth shall have
the following meanings ascribed to them unless the context clearly requires to the contrary:
(1) "Casino gaming" is defiled as banking or percentage table games,
and mechanical or electronic games of chance and of mixed chance and skill.
(2) "City" means the City of Palm Springs.
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(3) "Gaming club" means a business establishment licensed under the
provisions of this Chapter for the playing of those games authorized under this
Chapter, and shall include any business activities accessory thereto that are
conducted on the premises, including, but not limited to, food, beverage, and
valet services.
(4) "Gaming club employer" means any natural person employed in the '
operation of a gaming club authorized under this Chapter, including, without
limitation, dealers, floormen, security employees, count room personnel, cage
personnel, collection personnel, surveillance personnel, data processing personnel,
appropriate maintenance personnel, or any other natural person whose
employment duties relate to gaming.
(5) "Game" means any game as described in Section 11.12.030.
(6) "Gaming" means the act of conducting or participating in games at
a gaming club.
(7) "Gross receipts" means and includes the total amount of revenue
received by a Licensee directly derived from gaming conducted by the Licensee,
including, but not limited to, seat or space rentals charged and received by a
Licensee for the privilege of allowing a patron to participate in a game; provided,
however, gross receipts shall not include fees charged to players when returned
to players as tournament prizes or jackpots. No deduction from gross receipts
shall be allowed for any purpose, including, but not limited.w, any charge, cost
or expenses incurred by the Licensee in the conduct of a gaming club; provided,
however, if casino gaming is allowed in California by any statutory or case law, '
then for that purpose a deduction from gross receipts shall be allowed for all
payments made to patrons for their winning a wager.
(8) "License" means a license issued by the City Council pursuant to
this Chapter permitting the operation of a gaming club.
(9) "Licensee" means the holder of a license.
(10) "Table" means a table at which a game is played, having space for
a dealer and players.
(11) he Gaming Registration Act" refers to California Business and
Professions Code Section 19800, g1�a�., which Act regulates laming clubs in the
State of California.
(12) "Tribe" means the Agua Caliente Band of Cahuilla Indians.
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1L12 030 Games Permitted.
All legal gambling and games allowed under California law, as such laws may be
amended from time to time, are permitted to be played in gaming clubs located in and licensed
by the City, including but not limited to draw poker, lowball poker, pan, (pan), seven-
, card stud, pai gow poker, and super pan 9.
11. 12.040 Conditions for the EstabLshment of a Gamino C huh,
Gaming clubs may only be established if they qualify under subsection (1), below, and
if they meet the conditions of subsections (2), (3), (4), (5) and (6) , below:
(1) A Gaming club may be developed if located in an area with a
Gaming Overlay 'Zoning designation as established pursuant to the Zoning
Ordinance and General Plan Amendments established by this chapter.
(2) The gaming club must be at least 20,000 square feet in area, not
including any related hotel or other facilities except eating or other accessory uses
directly serving the gaming club.
(3) The operator of the gaming club must have a valid gaming license
as provided iii Section 11.12.090.
(4) The operator of the gaming club and owner of the property must
have a valid conditional use permit for the use.
' (5) The Licensee shall comply with Section 19805 of the California
Business and Professions Code.
(6) No gaming club shall operate under any name which includes the
term "card" or "cards."
11,12,050 Number of Gaming Table, grmitted.
(1) No gaming club shall have less than thirty (30) nor more than tutu
hundred (200) tables approved or in regular operation.
(2) There shall be no more than 5W tables in the City.
(3) Tables that operate irregularly shall not be counted for the purposes
of the limitations imposed by this section. Irregular operation of tables means the
limited operation of tables for temporary tournaments and other special events,
as may be permitted by this Chapter and state law.
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11,12,060 Hours of Operation.
Gaming clubs may operate up to twenty-four(24) hours per day. If the proposed gaming
club site is located adjacent to residential zoned property, such hours may be restricted by the
City Council as a condition of license or conditional use permit approval with respect to tbosc
gaming clubs authorized pursuant to Section 11.12.040. '
11,12,070 Applications for 1 iccn=.
Subject to the provisions of this Chapter, any person who qualifies under Section
11.12.040, including a proposed transferee of an existing license, desiring to conduct a gaming
club shall file with the City Manager a written application therefor. Each such application shall
contain the following:
(1) The date of the application.
(2) The legal name of the applicant and any other name by which the
applicant is or was known.
(3) The status of the applicant, i.e., an individual, corporation,
partnership, or joint venture.
(4) Any person who shares in the profits of the gaming club, directly
or indirectly, including a lessor if percentage rents are involved, shall be included
in the application.
(5) The name, residence, the business address and personal histories '
of each of the shareholders, officers, directors, partners, principals or joint
venturers of such applicant.
(6) The proposed site for the gaming club.
(7) The type and nature of the games proposed to be played.
(8) The number of tables to be placed in the gaming club.
(9) The hours of operation.
(10) A description of any accessory uses, including but not limited to
food, beverage, and valet services, proposed to be conducted at the site.
(11) A site plan depicting the building or buildings proposed for such
usage.
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(12) An acknowledgement by the applicant that:
i) At all times during which the license is in existence, all
buildings and structures located or to be located on the site shall conform to all
applicable laws related to the occupancies proposed.
' ii) The applicant understands that the application will be
considered by the City Council only after a full investigation and report have been
made.
iii) The applicant understands and agrees that any authorized
accessory use conducted at the site by a Licensee shall be operated in full
conformity with all applicable laws and that any violation of any applicable laws
shall be grounds for revocation of the license.
iv) The applicant is aware that all information submitted as a
part of the application, or otherwise required hereunder to monitor operations of
the gaming club, is public information and may be disclosed by the City.
v) The applicant has read, understands and will abide by, as
conditions of issuance upon a license, all of the provisions of this Chapter.
(13) A full and complete audited financial statement relating to the
applicant. Notwithstanding 12(iv) above, the financial statement shall be
confidential and only released to City employees who have a need to know.
(14) A detailed plan regarding proposed security measures to protect the
safety of gaming club patrons and community residents.
' (15) Any other information reasonably required by the City Manager.
er.
(16) Payment of a deposit of$25,000, to defray the cost of processing
the application, including the costs of conducting required investigations. Any
unused portion of the deposit shall be refunded to the applicant.
(17) A copy of the registration form filed by the applicant with the
Attorney General pursuant to Section 19805 of the Gaming Registration Act.
I I.12,080 Licence - TnvcsdgatiQn5 and Reno s.
(1) Investigations Req iu red. Whenever an application for a license, or
for the transfer of a license, has been filed with the City Manager, and accepted
as complete, the City Manager shall immediately refer such application to the
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Chief of Police and other appropriate City officials, or City employed consultants,
who shall cause an investigation to be conducted covering the following:
i) An investigation of the site where the proposed gaming club
will be conducted;
ii) An investigation of the applicant, including the proposed '
officers, directory, partners, principals; and
iii) An investigation as to the type of gaming to be conducted
to insure compliance with state law.
(2) Reports PNuired. The Chief of Police shall conduct the required
investigations and shall file written reports with the City Council within sixty 1(60)
days.
(3) Updated Investigations. The Chief of Police shall have the right
to require any applicant, Licensee or employee holding a work.permit to supply
additional or updated information to that previously required of such person for
use in any investigation being conducted by the Chief. Additionally, each such
person shall cooperate in any such investigation undertaken by the Chief, or any
other law enforcement official, and shall allow any and all relevant books,
records, and accounts to be inspected and copied by the City.
11,12,090 Licenses - Granting. Denial. Amendment and Transfer.
(1) Decision of the CLty uQ ncil. The City Council, subject to the ,
provisions of this Chapter, shall by resolution approve, conditionally approve or
deny an application for the issuance, amendment of the conditions on issuance of
a license, or transfer of a license. Such action shall take place after noticed
public hearing, which notice shall be given as stated below. In all cases, the
burden of proof is on the applicant to demonstrate entitlement to the issuance,
amendment, or transfer of a license, except that where the City denies a license,
the burden of proof by a preponderance of the evidence shall be on the.City to
establish the standards set forth in Section 11.12.100.
(2) Notice of Public Hearing. Notice of a public hearing to consider
a gaming club application or amendment of an existing license shall contain the
time and place of the hearing and the location of the proposed gaming club,.and
shall, at least ten (10) days prior to the hearing, be posted on the official City
Hall bulletin board, published in a newspaper of general circulation, and mailed
to owners of record of property located within a radius of five hundred (500) feet
of the exterior boundaries of the subject property.
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(3) Conditions. Any license which is ordered issued, amended, or
transferred by the City Council shall be deemed issued or transferred subject to
compliance with all applicable laws. The City Council may impose specific
additional conditions of approval upon the issuance, amendment, or transfer of a
license which in the exercise of its discretion it deems reasonably necessary to
ensure compliance with applicable laws and public health, safety, and welfare.
(4) Decision of the Citv Council penal. Subject to the provisions of
Section 11.12.110, the decision of the City Council pertaining to the issuance or
refusal to issue a license, or to permit or deny the amendment or transfer of an
existing license, shall be final and conclusive.
11.12,100 Licenses - Grounds for Denial.
The City Council, after hearing, shall deny an application for a license, or amendment
or transfer of a license, if any of the following facts are found to exist_
(1) If the proposed gaming club or any accessory use is or will be
operated in violation of any applicable state law.
(2) If any applicant, including a corporate officer, director,
shareholder, partner,joint venturer, or principal has been convicted of any crime
involving moral turpitude, including, but not limited to, the crimes of
bookmaking, loan sharking, illegal gambling, fraud, larceny, or any other felony
involving bookmaking.
' (3) If any applicant has made any false statement on the application or
as to any other information presented as part of the application process.
(4) If the applicant does not have the financial capability to operate a
high quality gaming club.
(5) If the applicant does not have the business experience necessary to
operate a high quality gaming club.
(6) If the gaming club site, and all buildings or structures located or
to be located thereon, do not meet the requirements of applicable laws relating to
such usage.
(7) If the proposed security and safety measures are inadequate to
ensure excellent protection for patrons and the community.
(8) If the proposed gaming club site does not meet the locational or
other conditions of Section 11.12.040.
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(9) If the gaming club on the proposed site will be detrimental to the
public health, safety, or general welfare.
(10) If any person of the class of persons referred to in 11.12.070(5) is
under 21 years of age.
11,12, 110 Judicial_ Review of Decisions.
Judicial review of any decision of the City Council may be had pursuant to Section
1094.5 of the California Code of Civil Procedure only if the Petition for Writ of Mandate
pursuant to said section is filed within the dyne limit specified in Section 1094.6 of trie California
Code of Civil Procedure. Thereafter, all persons are barred from commencing or prosecuting
any such action or proceeding or asserting any defense of invalidity or unreasonableness of such
decision, proceeding, determinations or actions taken.
11,12,120 Licenses - Issua.ncs.
(1) If the action of the City Council on any such application is to direct
the issuance of the license, or to approve the transfer of an eyisting license, the
City Manager shall in writing issue or transfer the license and any other permits
so authorized, in a form as approved by the City Attorney, upon the payment of
all fees, taxes, and deposits, required to be paid pursuant to this Chapter.
(2) After a license is issued or transferred, the Licensee shall give
written notice to the City Manager, within ten days, of any changes in ownership,
officers, directors, partners, shareholders, principals or joint venturers.
11,12.130 Licenses - Expiration. '
Licenses lawfully issued under the provisions of this Chapter shall remains valid until
surrendered or revoked pursuant to the provisions of this Chapter. Provided however, if a
Licensee has not commenced doing business operating a Gaming club within three (3) years from
the date the License was issued it shall expire and be of no further force and effect witiiout the
necessity of the City taking any action to revoke it.
11,12,140 Fees. Taxes and Assessm n .
The City Council may by ordinance or resolution prescribe such fees, charges,
assessments or taxes, including but not limited to a gross receipts tax, on the establishment and.
operation of Gaming clubs as the City Council shall determine appropriate, except to the extent
limited by the City charter.
11,12,150 Employment of Persons to Stimulate Play Prohibited
(1) It shall be unlawful for any Licensee, owner or employee to engage
or persuade any person to participate in a game for the purpose of stimulating
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play where such person is to receive any reward, whether financial or otherwise,
present or promised; or where such reward or revenue is to be diverted to the
Licensee or an employee except as allowed under subsection (2).
(2) The Licensee may utilize proposition players. A proposition player
must wear a badge at all times identifying the player as an employee of the
Licensee. Other than compensation for the time spent in acting in such activities
as an employee of the Licensee, no gifts, rewards or any other thing of value
shall be given to the proposition player by the Licensee or any employee.
11,12, 160 Modification or Revocation of Licenses.
(1) General. All licenses and conditions of approval issued pursuant
to the provisions of this Chapter shall be subject to modification and/or revocation
in'the time and manner set forth in this Section.
(2) Procedure. If the City Manager determines that good cause exists
for the revocation of a license pursuant to the provisions of this Chapter, the City
Manager, after conducting an investigation, shall issue an Order of Revocation.
Such order shall state the reasons for its issuance and that the Licensee has thirty
(30) days from receipt of the order to file an appeal with the City Council. The
Order shall become final on the end of the thirtieth (30th) day following its
issuance unless a written appeal is filed with the City Clerk appealing said Order.
A final Order shall be deemed an order revoking the license to which it relates.
No appeal with reference to an Order of Revocation shall be accepted for filing
or processed if it is not timely filed, or if the appealing party fails to pay to the
City Clerk the filing and processing fees, as set by City Council resolution, prior
to or contemporaneously with the timely filing of the appeal.
(3) Hearings. Any appeal relating to an order of revocation shall be
heard by the City Council at a public hearing, notice of which shall be given in
the same manner as stated in Section 11.12.090 (2). At the time set for hearing,
the City Council shall hear the evidence presented by the City Manager purporting
to show that grounds exist for revocation. The City Council shall permit the
Licensee, and any other interested person, to present such competent evidence as
may be relevant to establish or dispute the existence of any contested fact. The
burden of proof, by a preponderance of the evidence, shall be upon the City to
show the existence of the facts required to justify the revocation.
(4) Grounds for Revocation. A license may be revoked if on appeal
the City Council finds:
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i) That a licensee violated, or permitted, allowed, or caused
the violation of, any provision of applicable law or any condition of approval
imposed upon the issuance of the license; or
ii) That a Licensee has made any fraudulent statement as to a ,
material fact on the Licensee's application or as to any other information
presented as part of the application process; or
iii) That a licensee has committed any act: which would have
constituted grounds for the denial of an application for a license pursuant to the
provisions of this Chapter; or
iv) That a licensee has failed to timely pay any applicable
annual or gross receipts tax levied, or any filing and pr=c sling fee imposed
pursuant to the provisions of this Chapter.
v) That a Licensee has failed to monitor or control its
establishment or site, or persons either directly involved with or associated with
the business, such that criminal activity is occurring in or around the site, and
threatens the health, safety, or general welfare of the patrons, neighborhood, or
community.
(5) Decision of City Council. If, based upon the evidence presented,
the City Council finds that facts are present which constitute grounds for
revocation, the City Council may revoke the license. If the City Council finds
that such facts are not present, it shall dismiss the proceeding. In the alternative,
if the Council finds that certain facts exist which may constitute technical grounds '
for revocation, but are not so egregious as to justify revocation, the City Council
may impose a fine not to exceed $2,500 per incident or amend the conditions of
license approval in any manner as to reasonably promote the public health, safety
or general welfare and compliance with applicable law.
11,12,170 Employes Regulation,.
(1) No person shall be employed as a gaming club employee unless he
or she is the holder of a work permit issued by the City. Applicable regulations
for work permit application, issuance, denial, and revocation and a reasonable fee
to cover City expenses shall be adopted by resolution of the City Council. AM
work permits issued by the City shall be subject to the objections of the State
Division of Gambling Control pursuant to state law.
(2) A person shall be disqualified from working as a gaming club
employee for any of the following reasons:
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i) Conviction for any crime punishable as a felony, or a
misdemeanor involving gambling, under the laws of California or of the United
States.
ii) Conviction for any crime involving dishonesty or moral
turpitude within the ten year period immediately preceding the submission of the
application, unless he or she has been granted relief pursuant to Penal Code
Section 1203.4a or 1203.45.
iii) Association with criminal profiteering activity or organized
crime, as defined by Penal Code Section 186.2.
iv) Contumacious defiance by the employee of any legislative
investigatory body, or other official investigatory body of any state or of the
United States, when that body is engaged in the investigation of crime relating to
gambling; official corruption related to gambling activities; or criminal
profiteering activity or organized crime, as defined by Section 186.2 of the Penal
Code.
v) The person is under twenty-one years of age.
(3) Employment by a Licensee of a disqualified person as a gambling
club employee shall be grounds for license revocation if the Licensee had
knowledge of the basis for disqualification or failed to exercise reasonable care
in ascertaining such disqualification.
' (4) It is unlawful for any Licensee or employee thereof to engage in
the Iending of money, chips, tokens or anything of value, either real or promised,
to any person for the purpose of allowing that person to eat, drink or participate
in a game.
11,12,180 Patron and Community Securi andSafm-
Patron and community security and safety is of the utmost importance in the estalilis haw lit,
and operation of gaming clubs. The following safety and security rules have the force of law,
and any violation thereof shall be considered a ground for license revocation, as well as criminal
penalties as provided for in this Municipal Code.
(1) No person under the age of twenty-one (21) years shall be
permitted to enter a gaming club as a patron. Gaming club entrances shall be
designed so as to easily facilitate the review of patrons' proof of age, and an
employee shall be designated to perform this task during business hours.
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(2) No person who is visibly intoxicated or under the influence of
drugs shall be allowed to participate in any game.
(3) All gaming clubs shall be open for inspection to the City Manager,
or his or her designee, at any time, without the necessity for a search warrant.
(4) Rules of play for all games played in a gaming club shall first be '
filed with the City Manager. No games shall be played until its rules are so filed
and are conspicuously posted in the gaming club and made available to the patrons
in written form.
(5) Doors, screens, or other obstructions of any kind shall not be
placed so as to conceal tables at. which games are played, or so as to conceal the
players in a game.
(6) Gaming clubs shall employ licensed, bonded security guards in a
number and manner so as to ensure excellent security and safety for patrons and
the community at large.
(7) Parking areas shall be well-lit and in such a configuration as to be
easily viewed and patrolled by security' personnel.
(8) Any security system shall incorporate extensive use of video
cameras, both inside and outside of the facility.
(9) Security measures appropriate for any individual gaming club shall
be incorporated as conditions of license approval. Notwithstanding said ,
conditions, it shall be the responsibility of the gaming club to provide adequate
security and the operation of the club shall not deplete law enforcement resources
of the community.
(10) If the City Manager finds that safety and security measures at any
gaming club are inadequate to properly protect the health and safety of patrons
and the community, and if a Licensee fails or refuses to comply with reasonable
efforts by City personnel to improve such measures, the City Manager shall issue
an Order of Revocation pursuant to the provisions of this Chapter.
(11) It shall be unlawful for any person to attempt to gain any unfair
advantage for any player in a game through a fraudulent technique or mechanical
or electrical device. Prohibited cheating techniques include, but are not limited
to, the following examples. It shall be unlawful for any person as a player- or
dealer to attempt to deal, draw, distribute or burn any playing cards other than
the top card of a deck. It shall be unlawful for any person to attempt: to
prearrange or to shuffle any playing cards, other than in a random manner. It
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16 _... .
shall be unlawful for any person to attempt to alter in any way the shape,
appearance, texture or number of cards in play, or to switch any card. It shall
be unlawful for any person to attempt to use any apparatus to gain information not
available to other players. The Licensee shall have the power to formulate
reasonable policies and procedures to control potential cheating. These policies
' and procedures shall be published in the players' house rules.
(12) Licensees, managers and gaming club employees may play in their
own club. However, they may not play in any game during their work shift at
a time when they are subject to making management decisions which might affect
the outcome of that game.
11,12,190 WaaerinQ Limits.
The gaming club shall set the limits, if any, on the amount any player may wager in any
game played in a gaming club. Any limits shall be prominently displayed. Table limits may be
changed with a one-half hour notice to the patrons.
11,12,200 Conflicts of Interest.
No City Council Member, the City Manager or the Chief of Police, or members of their
immediate families, may, during his or her term of service with the City or within twelve (12)
months thereafter, acquire any ownership interest or employment in any gaming club facility,
site, or operation.
11,12,210 Authority to Regulate Patrons and Employ .
' The Licensee may eject or exclude from any portion of the gaming club any individual
who the Licensee or its agents, employees or managers, has reason to believe has engaged in or
been convicted of boolanaking, sale of controlled substances, illegal gambling activities,
solicitation for prostitution, cheating, nonpayment of written gaming credit instruments, or who
is drunk, disorderly, or underage, or whose presence in or about gaming clubs would be inimical
to the interests of legitimate gaming. No such ejection or exclusion shall be on the grounds of
race, color, creed or sex.
11,12,220 Amendment of Chgpter.
Due to the uncertain and changing nature of gambling regulations within the State,,
including but not limited to developing statutory and case law and Indian gaming operations,
there is a need for the City to possess the flexibility to quickly add to or amend provisions of
this Chapter to meet changing circumstances. Therefore, the provisions of this Chapter may be
amended or modified by ordinance adopted by a four-fifths majority of the entire membership
of the City Council without submitting said ordinance to a vote of the electorate, except for the
provisions of Sections 1, 2, and any other provisions governing the location of where gaming
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clubs can be established, which may only be amended by an ordinance adopted by the electorate.
The provisions of this Section shall not prohibit the voters from enacting any amendment to this
Chapter.
11,12,230 Not Applicable to Tribe.
This Ordinance does not apply to gaming operations conducted by or gaming facilities ,
owned by the Agua Caliente Band of Cahuilla Indians when conducted or owned pursuant to the
Indian Gaming Regulatory Act (25 U.S.C. 2701, rA
SECTION 8. Should any section, subsection, clause, or provision of this Ordinance for any
reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase
hereof would have been prepared, proposed, and adopted by the people, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION 9. Pursuant to Elections Code Section 9217, if the majority of the voters voting on
this Ordinance vote in its favor, it shall become a valid and binding Ordinance ten (10) days after
the vote is declared by the City Council.
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