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HomeMy WebLinkAboutAGENDA REPORT 1985 0304 CC REG ITEM 08A ORDINANCE NO. 37 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTIONS 2281 AND 2285 OF ARTICLE 5, CHAPTER 1, DIVISION 2 OF THE VENTURA COUNTY ORDINANCE CODE, ADOPTED BY THE MOORPARK CITY COUNCIL ON SEPTEMBER 21, 1983, BY ORDINANCE NO. 6, PERTAINING TO CARD ROOMS. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 2281 and 2285 of Article 5 of Chapter 1 of Division 2 of the Ventura county Ordinance Code, adopted by the Moorpark City Council on September 21, 1983, by Ordinance No. 6, are hereby amended to read as follows: "Sec. 2281 - TRANSFERABILITY - No card room license or renewal thereof shall be assignable or transferable in any manner whatsoever, except by inheritance, pro- vided that the card room license was issued prior to December 30, 1958, and the legal heir is issued a license in accordance with the provisions of this article relative to the annual renewal of licenses, and shall be subject to all other provisions of this article. No license shall be issued to an heir unless that person possesses a valid registration pursuant to The Gaming Registration Act" , commencing with Govern- ment Code Section 19800. No person other than the card club licensee or his salaried employees shall conduct, transact or carry on such business. " ***** "Sec. 2285 - MINORS - It is unlawful for any person to permit or allow any person under the age of 21 years to enter, loiter, or remain in or play cards in any card room. " SECTION 2. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. APPROVED AND ADOPTED this day of , 1985. ATTEST: Mayor of the City of Moorpark California City Clerk (SEAL) MOORPARK _________ ___ ___ _ _ _ ALBERT PRIETO STEVEN KUENY Mayor ��Pµ ��=.° City Manager JAMES 0. WEAK o�`�9t CHERYL J. KANE Mayor Pro Tern JrF City Attorney THOMAS C. FERGUSON '4% 114- NIALL FRITZ Councilmember {i. `\iy Director of DANNY A. WOOLARD � �v� ` Community Councilmember 9 Development LETA YANCY-SUTTON �*,. � R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V.GILLESPIE City Clerk Chief of Police JOHN C. GEDNEY City Treasurer MEMORANDUM TO: Steven Kueny, City Manager FROM: Doris D. Bankus, City Cler DATE: February 28 , 1985 SUBJECT: Seat Rental Fees - Rendezvous Card Room In a telephone conversation this morning with Mary Ann Haney (Bob Bonta ' s daughter) she informed me that her father had no written seat rental fee schedule, but that his charges were as follows: Minimum Bet Maximum Bet Rental $2. 00 $ 5. 00 $1 . 50 per one-half hour per player 2. 00 10. 00 2. 00 per one-half hour per player She stated these were the only two rates he charged because he did not want to attract players who were interested in large games. She also said she believed this rate was below that of the neighboring cities, and sited, specifically, the Ventura Club which has a $4. 00 - $8. 00 game with a $2. 50 per one-half hour rentalper player. _ -—_- -._-_- She offered to put this in writing, but I told her I didn' t believe that would be necessary, that I would put the information she had given me in memo form for you. One additional comment - Mary Ann mentioned that her father operated one table at one rate and the other table at the other rate. 799 Moorpark Avenue Moorpark, California 93021 (805)529-6864 MOORPARK ALBERT PRIETO STEVEN KUENY Mayor rpK �•�� City Manager JAMES D. WEAK oP���a1 CHERYL J. KANE Mayor Pro Tern RA /�: City Attorney THOMAS C. FERGUSON As NIALL FRITZ Councilmember j!� `�sy Director of DANNY A. WOOLARD o:y� ` Community Councilmember °e Development LETA YANCY-SUTTON •*.. ,� R. DENNIS DELZEIT Councilmember City Engineer DORIS D. BANKUS JOHN V.GILLESPIE City Clerk Chief of Police JOHN C. GEDNEY City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Steven Kueny, City Manager DATE: February 15, 1985 SUBJECT: Card Room BACKGROUND: At the February 4 meeting staff was directed to prepare an ordinance revision and report concerning the proposed re-opening of the Rendezvous Card Room. The current ordinance, its revision, and the letter from Assistant Sheriff Gillette are attached. Zoning records transferred by the Council do not indicate that zoning permits have been issued previously for the commercial use of the property. Also, the Zoning Ordinance presently requires one off-street parking space for every 250 square feet of commercial building; therefore, the existing structure, housing both the card room and the Moose Lodge, which is 4500 square feet in size, would require 18 parking spaces. At the rear of the property only 10 spaces are provided. It is currently marked as parking for the card room only, but should be available to the Moose Lodge, since this is the only on-site parking. Because of the absence of a zoning permit the present commercial uses are non-conforming. Because of the absence of presently required parking, the structure is also non-conforming. While the existing structure and uses may continue, they may not be expanded or intensified. The City Council has currently commissioned an ad hoc committee to review and recommend on various components of the downtown area. Their recommendations to the City Council may include such matters as appropriate and compatible uses in this area. 799 Moorpark Avenue Moorpark, California 93021 (805)529-6864 1.111. The Honorable City Council Page 2 February 15, 1985 On February 12, 1984, the Planning Commission discussed this matter under "Commission Comments" . It was pointed out by Commissioner Hartley that several years ago the Moose Lodge had indicated to the Moorpark Planning and Architectural Review Committee that they had permission to use the First Nationwide Savings and Redwood Cafe parking lots. After reviewing the non-conforming status of the property, it was moved by Commissioner Schleve and seconded by Chair- man Holland to recommend to your Council that, if the card room is allowed to continue, improvements to the High Street and Moorpark Avenue frontages, especially at the corner, be required. If the Council approves the transfer of the license it should con- sider adding other items to the ordinance to provide the City with better control, more information on operations, greater revenue, and the ability to terminate the license at a time certain (sunset clause) . The current $300. 00 per year license is small when compared to the Gardena requirements, for example. The City does not have any infor- mation on gross revenues for the card room, but this would be only 1% of an annual $30, 000. 00 of gross revenue. In comparison, Gardena assesses 7. 5% of the first $210, 000. 00 of monthly revenue and the scale escalates . 1% for each additional $10, 000. 00 of monthly gross to a maximum rate of 15. 5% for $1 , 000, 000. 00 and over. The definition of gross monthly revenue also inclues 6% of total entry fees for tournaments. In addition, Gardena assesses a base quarterly license fee of $15, 000. 00. A gross receipts reporting requirement, regardless of the actual amount of the license fee, would provide the City and Sheriff' s De- partment with current information on the volume and level of activity at the club. The City should also consider regulating seat rental fees and placing a cap on betting so the City can be aware of the size of the games, as well as keeping the operation of the Club as it was apparantely previously intended, i.e. , for local area residents . Consistent with any preemption by State law, the age limit could be _: • •everaes an. e serving an• consump ion o a co o is g specifically prohibited, as well as requiring employees, including managers, to be fingerprinted and photographed. The Council may also want to consider specifying precisely what games may be played. The hours of operation currently permitted appears reasonable. At the February 4 meeting, the possibility of annual review was mentioned. If it' s the intent of the Council to permit the re-opening, an annual review appears excessive, since the Club could be closed for non-compliance with City ordinances. A sunset clause, however, for a specified period, such as five (5) or ten (10) years, would give a future Council the opportunity to review the continued operation of the Club relative to then existing community values and attitudes. The Honorable City Council Page 3 February 15, 1985 The current ordinance revision, as proposed, would permit the card club to be passed on indefinitely through inheritance. These two possibilities could be combined so that the club operation would terminate with whichever event occurred first, a time certain or death of the owners. Concerning the inheritance provisions and continued operation, the Council should also consider what would happen in the event one of the owners died. RECOMMENDED ACTION: After consideration of the items in the staff report, direct staff concerning any additional revisions to the City code section con- cerning card rooms. enclosures ARTICLE 5 - CARD ROOMS Sec. 2271 - CARD ROOMS PROHIBITED - No person shall keep, conduct, or maintain a card room or knowingly permit any building, room or place owned by him or under his charge or control to be used as a card room unless he holds a valid annual renewal of an unrevoked card room license issued by the Board of Supervisors prior to December 30, 1958. Sec. 2272 - EXCLUSIONS - The provisions of this Article shall not apply to the carrying on of card games in private homes for purely social purposes. Sec. 2273 - DEFINITION - "Card room" means- a_ _businesshouse, house-, room, apartment or place in which the playing of cards for money, checks, chips, credit, or other representative of value is conducted or carried on. Sec. 2274 - TERMINATION - Any revoked card room license shall terminate forever when and if not renewed on or before July 1 of any year in accordance with the provisions of sections 2114, 2116 and 2132 of this Division and section 2275 of this Article. Sec. 2275 - APPLICATION FOR RENEWAL - Any person as a principal who holds a valid and unrevoked card room license issued by the Board of Supervisors prior to December 30, 1958, and who desires to obtain an annual renewal of such license shall make a written application to the Sheriff therefor, stating in addition to the information required by section 2113-2 the following information: (a) The name and residence of the applicant and all other persons interested in the business; (b) The particular place for which the license renewal is requested; (c) The number of tables which are or will be operating during the current fiscal year; and (d) That the applicant is of good moral character and will not carry on such business in a manner detrimental to the morals, peace, safety, and well-being of the community. - Each applicant for renewal shall be fingerprinted and photographed at the Sheriff's office. Sec. 2277 - APPROVAL - When the applicant has complied with sections 2275 and 2276 the Sheriff shall approve the application for annual renewal. The Sheriff may disapprove the application for license renewal or revoke or suspend a license already granted if he finds that: (a) The applicant has made an untruthful statement in his application; (b) The applicant is an immoral, disorderly or dishonest person; (c) The applicant has violated any provision of this Article; 2-18 OC-1 (d) The applicant is an unfit person to manage such business; (e) The applicant's card room business has been carried on in a manner detrimental to the peace, health, safety, morals, or well-being of the community; or (f) Cards have been used or played in such place of business contrary to the laws of the State of California or ordinances of this County. Sec. 2278 - REFUND - Whenever a license is revoked pursuant to section 2277 no portion of the license renewal fee shall be refunded. Sec.--227-4 ----APPEAL-- - Any person whose application for license renewal is disapproved or whose license is suspended or revoked by the Sheriff may appeal to the Board of Supervisors within 30 days after the date of such denial or revocation in accordance with the procedures set forth in section 2133. Sec. 2280 - ISSUANCE - The Tax Collector shall not issue a renewal of any license until a photograph of the applicant is attached. Sec. 2281 - TRANSFERABILITY - No card room license or renewal thereof shall be assignable or transferable in any manner whatsoever nor shall it authorize any person other than the licensee or his salaried employees to conduct, transact or carry on such business. Sec. 2282 - LOCATION - Under no conditions shall the location or address of any card room be changed from its present location and address. Sec. 2283 - EMPLOYEES - No person shall conduct, transact or carry on card room business as an employee of a card room licensee unless he personally appears before the Sheriff and; (a) Submits to the Sheriff such information as the Sheriff shall require, including but not limited to the basis of compensation for his employment; (b) Is fingerprinted and photographed by the Sheriff; (c) Obtains an identification card from the Sheriff containing such information as the_ShPriffshalL require; (d) Carries his identification card on his person at all times he is engaged in the business of his employer; and (e) Exhibits his identification card whenever requested to do so by a law enforcement officer or by any person with whom he is engaged in card room business. Sec. 2284 - EMPLOYERS - A card room licensee shall not employ or permit to remain in his employment any person who has not complied with the provisions of section 2283. Sec. 2285 - MINORS - It is unlawful for any person to permit or allow any person under the age of 18 years to enter, loiter, or remain in or play cards in any card room. (AN. ORD. 2611 - 8/1/72) 2-19 OC-1 Sec. 2286 - HOURS - It is unlawful for any person to operate, conduct, or keep open, or permit or allow any person other than a principal or employee regularly employed, in, on, or about any card room between the hours of 1 o'clock a.m. and 9 o'clock a.m. Sec. 2287 - NUMBER OF TABLES -' The number of tables at any card room shall not exceed the number of tables appearing on the corresponding card room license in effect December 29, 1958. Sec. 2288 - NUMBER OF GAMES - No more than one game shall be played at any one table at the same time in any card room. Sec. 2289 - FEES - The fee for renewal of a card room license shall be $150.00 per table annually. The fee for the issuance of a card room employee identification card shall be $10.00 per card. (AM. ORD. 2449 - 4/27/71) 2-20 OC-1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 2281 , ARTICLE 5, CHAPTER 1 , DIVISION 2 OF THE VENTURA COUNTY ORDINANCE CODE, ADOPTED BY THE MOORPARK CITY COUNCIL ON SEPTEM- BER 21 , 1983 , BY ORDINANCE NO. 6, PERTAINING TO CARD ROOMS. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . That Section 2281 of Article 5 of Chapter 1 of Division 2 of the Ventura County Ordinance Code, adopted by the Moorpark City Council on September 21 , 1983, by Ordinance No. 6, is hereby amended to read as follows : "Sec. 2281 - TRANSFERABILITY - No card room license or renewal thereof shall be assignable or transferable in any manner whatsoever, except by inheritance, pro- vided that the card room license was issued prior to December 30, 1985, and the legal heir is issued a license in accordance with the provisions of this article relative to the annual renewal of licenses , and shall be subject to all other provisions of this article. No license shall be issued to an heir unless that person possesses a valid registration pursuant to The Gaming Registration Act" , commencing with Govern- ment Code Section 19800. No person other than the card club licensee or his salaried employees shall conduct, transact or carry on such business. " SECTION 2. The City Clerk shall, within 15 days after the passage of this ordinance, cause it to be posted in at least the three public places designated by resolution of the City Council; shall certify to the adoption and prcti.ng of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. APPROVED AND ADOPTED this day of , 1985. Mayor of the City of Moorpark California ATTEST: City Clerk 4' if • JOHN V. GILLESPIE BIf! 7A-1• VENTURA COUNTY SHERIFF iNI1y, • LARRY CARPENTER -rr+� UNDERSHERIFF el "I SHERIFF'S DEPARTMENT • DENNIS C. GILLETTE 0 free ��( ASSISTANT SHERIFF �"" 9A C� • LARRY KALSBEEK ,it February 800 SOUTH VICTORIA AVENUE,VENTURA,CA 93009 ASSISTANT SHERIFF • February 7, 1985 TO: Moorpark City Council FROM: Assistant Sheriff Dennis Gillette SUBJECT: Rendezvous Card Room Licensing It is my understanding that the long-time licensee of The Rendezvous Card Room in Moorpark has passed away. With the licensee's passing the license under which the card room has operated would no longer be valid, necessitating a closure of the card room for gambling purposes in compliance with City Ordinance Code No. VI which adopts Ventura County Code Division II, Article 5, Sections 2271 through 2289. At Council 's direction this office has been requested to respond with information relative to the ordinance generally and to its application necessitating the closure of The Rendezvous. Specifically, we have been asked to detail incidents of criminal activity which could be related directly to the card room, its patrons, its ownership, management and/or in general its operation. To accommodate your need for information which will assist in making the decisions which you feel are appropriate for The Rendezvous and the Moorpark community at this time, the following information is being provided. This information is supplied in the form of a policy statement towards gambling parlors in general , since little criminal activity of a significant nature can be directly attributed to The Rendezvous during its lengthy history of operation. It is our solicy to be in opposition to any type of community gambling facility that has the potential to disturb or deteriorate the moral fiber of the community. This disruption, though not always visible through the overt actions of the par- ticipants in the activity, often becomes a residual consequence of certain types of conduct that by their very nature tend to attract crime-prone individuals. The temptations and opportunities that are created through the movement of large amounts of money circulating through an establishment of this type with limited accountability only enhance the potential for ciminal activity. It would be completely inconsistent with our role as the community's law enforcement agency to have a position other than opposition to anything which we feel might deter- iorate the high standards the community has set for itself. El WEST COUNTY Cl CAMARILLO AREA STATION I] EAST VALLEY STATION II OJAI AREA STATION 800 S.Victoria 67 Palm Dr. 2201 E.Olsen Rd. 402 S. Ventura St. Ventura,CA 93009 Camarillo,CA 93010-7995 Simi Valley,CA 93065-4043 Ojai,CA 93023-3249 (805) 654-2311 (805) 482-9844 (805) 497-8566/581-2951 (805) 646-1414 Rendezvous Card Room Licensing -2- February 7, 1985 Please understand that our opposition is not specifically to The Rendezvous as an institution but to public gambling in the Moorpark community as a con- cept. To avoid the type of potential proliferation which can occur where gambling is allowed to come into a community, the line must be drawn somewhere. I hope this information clearly states our position on this issue and as in all issues, we wish the Council our best and offer our full support as you make the difficult decisions, whatever they may be, that shape and guide the destiny of the community. I will make myself available to discuss this or any matter of mutual concern with you at any time. Sincerely, ennis C. Gillette Assistant Sheriff DG:mt MOORPARK CITY COUNCIL MEET1tij 4 March 1985 Agenda ::::c:members: Fellow C� 3 ... On March 2 and 3, I spent approximately nine (9) hours canvassing various streets in Moorpark on the card room issue. The streets were chosen at random. I tried to pick streets where I felt I would not be prejudicing the survey by talking with friends or family. The streets were from all areas of the city (ex-downtown, Campus Park, Peach Hill and the west end) , in order to get an overall opinion. During this survey, I spoke with 159 people. Two questions were asked : QUESTION 1 . Did you know there was a card room operating in Moorpark? (Answer "yes" or "no") The results showed 113 people (71%) who knew of the card room and 46 people (29%) who were not aware that the card room existed. A short explanation of the card room was given: The Rendezvous Card Room is a two-table card room on Moorpark Avenue, just north of High Street. It has been in operation for approximately 25 years. The owner recently died, and according to Ventura County and now the Moorpark City Ordinance, the gambling license would be terminated upon his death . His heirs, a daughter who lives in Moorpark, and a son who lives out of the area, are asking the city to modify the ordinance to permit them to continue operating the card room as heretofore. QUESTION 2. Would you be in favor, against, or have no opinion on the request to allow the card room to continue to be operated? The response of the same 159 people was as follows : 93 people (58.5%) felt it should be allowed to continue operating; 34 people (21 .4%) said it should not be allowed to continue operat- ing; 32 people (20.1%) had no opinion . Attachment 1 is a list of the streets surveyed, with the results by street. I have also listed the calls, personal discussion and letters I have received on the subject. Also shown is a total of the overall response on the subject which indicates that 194 people have responded, with 100 people (51 .5%) in favor, 62 people (32%) against, and 32 people (16.5%) having no opinion on the subject. Respectfully submitted, i Weak , Copies: Council Members Staff Press ATTACHMENT 1 Question #1 Question #2 Street Yes No Yes No N/O Talmadge 8 3 8 0 3 WILDFLOWER 7 3 5 3 2 Mira Sol 12 0 6 4 2 Shasta 9 1 6 4 0 McFadden 10 0 6 2 2 Park Springs 6 3 5 2 2 Susan 10 0 5 1 4 Westwood 5 5 6 0 4 Rand 6 5 5 5 1 Patio Homes 2 3 2 0 3 Kernvale/Overly 4 6 8 2 0 Via Del Arroyo 4 6 6 0 4 Wildwest Circle 11 0 8 3 0 Bonita 8 2 9 1 0 Golondrina 5 5 5 3 2 Brookdale 6 4 3 4 3 113 46 93 34 32 71% 29% 58.5% 21 .4% 20.1% Phone Calls/Discussion 27 0 7 20 0 Letters 8 0 0 8 0 35 0 7 28 0 100% 20% 80% 0 Overall Response - 194 people 148 46 100 62 32 76.3% 23.7% 51 .5% 32.0% 16.5%