HomeMy WebLinkAbout2014-04-22; City Council; CS-251; Extending Urgency Ordinance Prohibit Mini-Satellite Wagering...1
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ORDINANCE NO. CS-251
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA
EXTENDING URGENCY ORDINANCE NO. CS-217 FOR ONE
YEAR TO PROHIBIT MINI-SATELLITE WAGERING FACILITIES
WITHIN THE CITY OF CARLSBAD
EXHIBIT 1
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, on April 30, 2013 the City Council introduced and adopted
urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of
Carlsbad; and
WHERAS, the City Council declared Ordinance No. CS-215 an emergency
ordinance adopted as an urgency measure to protect the public health, safety and
welfare pursuant to California Government Code Section 65858; and
WHEREAS, on May 28, 2013, the City Council issued a report describing the
measures taken to alleviate the condition that led to the adoption of urgency Ordinance
No. CS-215; and
WHEREAS, on May 28, 2013, the City Council introduced and adopted
Ordinance No. CS-217 extending urgency Ordinance No. CS-215 for a ten months and 15
days; and
WHEREAS, on April 8, 2014, pursuant to California Government Code
Section 65858(d), the City Council issued a report describing the measures taken to
alleviate the condition which led to the adoption of Ordinance No. CS-217; and
WHEREAS, urgency Ordinance No. CS-217 will be of no further force and
effect after April 29, 2014; and
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WHEREAS, the facts constituting the emergency declared by Ordinance No.
CS-217 continue to represent a current and immediate threat to the public health, safety
or welfare of Carlsbad citizens since any form of gambling has generally been prohibited
within the city due to its adverse secondary effects, and the fact that gambling, including
mini-satellite wagering, is inconsistent with the community vision and goals to promote a
community which emphasizes a small town feel, family oriented values, and access to
recreation and active lifestyles; and
WHEREAS, the City Council desires to continue to prohibit mini-satellite
wagering on an interim basis, until such a time as a permanent ordinance prohibiting
mini-satellite wagering becomes effective.
that:
1.
2.
3.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows
The above recitations are true and correct.
No application for a business license for a mini-satellite wagering facility
within the city shall be accepted, processed or approved.
Ordinance No. CS-217 is extended for up to one year.
DECLARATION 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 facts constituting the
emergency are set forth in this ordinance, as well as in Ordinance No CS-215 and Ordinance
No. CS-217, 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 one year from April 29, 2014 or until an
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EFFECTIVE: This ordinance shall be effective immediately upon passage and
shall be of no further force and effect after one year from April 29, 2014 or until an
ordinance permanently prohibiting mini-satellite wagering in the city becomes effective,
whichever occurs first.
The city clerk shall certify the adoption of this ordinance and
cause the full text of the ordinance or a summary of the ordinance prepared by the City
Attorney to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Carlsbad
City Council on the 22nd day of April, 2014, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Packard, Wood, Schumacher and Blackburn.
None.
Council Member Hall.
APPROVED AS TO FORM AND LEGALITY:
~0--e~ 19 CELIA A. BREWER, City Attorney VV\~9~ 20
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MA~K PACKARD, Mayor Pro Tern
ATTEST: