HomeMy WebLinkAbout2013-04-30; City Council; CS-215; Prohibiting Mini-Satellite Wagering Within City of Carlsbad...1
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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
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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
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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.
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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:
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4 AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas.
5 NOES: None.
6 ABSENT: None.
'7 ABSTAIN: None.
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9 APPROVED AS TO FORM AND LEGALITY
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CELIA A. BREWER, City Attorney
lATfHAlL, Mayor 1^ MATTHAIL, Mayor
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ATTEST:
BAF^g!^ebi^fG^ES0^l, City Clerk
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