Loading...
HomeMy WebLinkAbout2013-04-30; City Council; CS-215; Prohibiting Mini-Satellite Wagering Within City of Carlsbad...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-215 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN URGENCY ORDINANCE PROHIBITING MINI- SATELLITE WAGERING WITHIN THE CITY OF CARLSBAD WHEREAS, horse racing was legalized in California in 1933 through a constitutional amendment which authorized the legislature to regulate horse racing and to authorize pari-mutuel wagering at licensed racing tracks; and WHEREAS, in California pari-mutuel horse racing is regulated by the California Horse Racing Board; and WHEREAS, the California Horse Racing Board authorized operation of mini-satellite wagering facilities (not located at a racetrack) in 2007 and regulations for such facilities were fomriulated in 2008; and WHEREAS, recently mini-satellite wagering facilities have been located within a restaurant/sports bar in some California cities; and WHEREAS, the business license application was denied after consultation with the City Planner who determined satellite wagering is not an allowed accessory use at the location proposed by the applicant; and WHEREAS, the applicant has now inquired as to where else in the City satellite wagering may be allowed; and WHEREAS, since any fomi of gambling, including Cardrooms and Bingo, has generally been prohibited within the City, it does not appear to be the intent and purpose of the City Council to allow mini-satellite wagering as a primary or accessory use in any zone; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, mini-satellite wagering appears to be in conflict with the proposed General Plan Vision and Goals fomiulated for the General Plan Update currently in progress, which include the promotion of a community which emphasizes a small town feel, family oriented activities, access to recreation and active healthy lifestyles, history, the arts and cultural resources; and WHEREAS, mini-satellite wagering is a form of gambling which may be addictive; and WHEREAS, mini-satellite wagering involves cash transactions which enhance the likelihood of assaults and robberies endangering citizens and creating the necessity for police response and; WHEREAS, mini-satellite wagering may attract gamblers from outside the City; and WHEREAS, in combination with alcohol sales, these adverse effects become magnified; and WHEREAS, City staff needs time to comprehensively study and recommend revisions to Carlsbad Municipal Code, Title 5, to protect the health, safety and welfare of its citizens; and NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: SECTION 1: That the above recitations are true and correct. SECTION 2: No application for a business license for a mini- satellite wagering facility within the City shall be accepted, processed or approved. SECTION 3: On or before 45 days following the adoption of this ordinance, the City Council shall hold a public hearing to consider extending this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinance for 10 months and 15 days pursuant to Government Code section 65858(b). The City Clerk is directed to notice the hearings as required by Government Code section 65090. DECLAF^TION OF URGENCY: This ordinance is hereby declared to be an emergency ordinance adopted as an urgency measure to protect the public health, safety and welfare and shall take effect immediately upon its adoption. The •acts constituting the emergency are set forth above and represent a current and immediate threat to the public health, safety or welfare of Carlsbad citizens. EFFECTIVE: This ordinance shall be effective immediately upon passage and shall be of no further force and effect after 45 days of the date of its adoption unless extended by the City Council pursuant to Section 3. Thereafter, it shall remain in effect until the contemplated studies are completed unless sooner repealed by the City Council. At least ten days prior to the expiration of this interim ordinance, the City Council shall issue a written report describing the measures it has taken to alleviate the conditions which led to the adoption of this ordinance. The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published within 15 days after its adoption. /// /// /// /// /// /// -3- 1 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City 2 Council of the City of Carlsbad on the 30*^ day of April, 2013 by the following vote to wit: 3 4 AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. 5 NOES: None. 6 ABSENT: None. '7 ABSTAIN: None. 8 9 APPROVED AS TO FORM AND LEGALITY 10 11 12 13 14 17 1 21 22 23 24 25 26 27 28 CELIA A. BREWER, City Attorney lATfHAlL, Mayor 1^ MATTHAIL, Mayor 16 ATTEST: BAF^g!^ebi^fG^ES0^l, City Clerk 20