HomeMy WebLinkAbout2013-05-28; City Council; CS-217; Extending Urgency Ordinance Prohibit Mini-Satellite Wagering...1
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EXHIBIT 1
ORDINANCE NO. CS-217
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA EXTENDING URGENCY
ORDINANCE CS-215 FOR TEN MONTHS AND 15 DAYS
TO PROHIBIT MINI-SATELLITE WAGERING FACILITIES
WITHIN THE CITY OF CARLSBAD
WHEREAS, on April 30, 2013 the City Coundl introduced and adopted
urgency Ordinance CS-215, prohibiting mini-satellite wagering within the City of Carlsbad;
and
WHEREAS, the City Coundl dedared Ordinance CS-215 an emergency
ordinance adopted as an urgency measure to protect the public health, safety and welfare
pursuant to California Government Code 65858; and
WHEREAS Ordinance CS-215 would expire in 45 days, on June 14, 2013,
unless it is extended or repealed by the City Council; and
WHEREAS, pursuant to California Government Code section 65858(d), the
City Council has issued a written report describing the measures taken to alleviate the
condition which led to the adoption of Ordinance CS-215; and
WHEREAS, the facts constituting the emergency declared by Ordinance
CS-215 continue to represent a current and immediate threat to the public health, safety
or welfare of Carlsbad citizens; and
WHEREAS, mini-satellite wagering continues to appear to be in conflict
with the proposed General Plan Vision and Goals formulated 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.
NOW, THEREFORE, the City Coundl of the City of Carlsbad ordains as
follows that:
SECTION 1: The above recitations are true and correct.
SECTION 2: No application for a business license for a mini-satellite
I wagering fadlity within the City shall be accepted, processed or approved.
SECTION 3: On or before the expiration of this ordinance, the City Coundl
may hold a public hearing to consider extending this ordinance for one year pursuant to
California Government Code section 65858.
SECTION 4: Ordinance CS-215 is extended ten (10) months and fifteen (15)
days.
DECLARATION OF URGENCY: This ordinance is hereby dedared 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 facts constituting the
emergency are set forth in this ordinance, as well as in Ordinance CS-215, 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 ten months and 15 days from June 14, 2013
unless extended by the City Coundl pursuant to Section 3 and all other applicable law.
At least ten days prior to the expiration of this interim ordinance, the City
Coundl shall issue a written report describing the measures it has taken to alleviate the
conditions that 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 28th day of May 2013 by the following vote to wit:
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4 AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas.
5 NOES: None.
6 ABSENT: None.
7 ABSTAIN: None.
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^ APPROVED AS TO FORM AND LEGALITY
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CELIA A BREWERTCity Attorney
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ATTEST:
BARBARA ENGLES^, City Clerk
(SEAL) -xn""!//.
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