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APPROVE AMENDMENT TO TITLE 5 OF THE STOCKTON MUNICIPAL CODE RELATING TO THE DEFINITION OF CARD ROOMS
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RECOMMENDATION
It is recommended that the City Council adopt an Ordinance amending Title 5 of the Stockton Municipal Code (SMC) (Business Licenses and Regulations), Chapter 5.32, Section 5.32.010, to allow more than one card room to be located on a single parcel of land.
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Summary
This amendment would eliminate the current restriction against having more than one card room located on a single parcel. If approved, the amendment to Title 5 would be applicable City-wide; however, it would not change any other provisions related to the licensing, operation, or permitting requirements that are contained in the SMC. The code amendment (Attachment A - Proposed Ordinance - Redline Version) was requested by the owner of two existing card rooms in Stockton. Subject to the approval of this code amendment and subsequent approval of a Use Permit by the Planning Commission, the existing Delta Club Card Room could co-locate to the same parcel as the Kings Card Club card room. The Use Permit application would be processed according to applicable hearing procedures following the effective date of the ordinance for this code amendment.
DISCUSSION
Background
On June 13, 2016, a Use Permit application was submitted to the Community Development Department to authorize the relocation of the existing Delta Club Card Room from 6518 Pacific Avenue to 6111 West Lane, Suite 101. The proposed location already contains an existing card room, the Kings Card Club, in Suite 103 at 6111 West Lane. Both the Delta Club Card Room and the Kings Card Club are owned and operated by the same ownership group.
SMC Section 5.32.010, which is located in Title 5, Business Licenses and Regulations, contains the definition of a card room (underline added for emphasis):
For the purpose set forth herein, a “card room” is hereby defined to be a business, activity or enterprise conducting card games, as defined in this chapter, and licensed under the provisions of this chapter, at any single self-contained space, room or enclosure, located on a single parcel of land on which no other card rooms are situated, furnished or equipped with a table used or intended to be used as a card table for the playing of card games, and the use of which is available to the public, or any portion of the public. (Ord. 016-07 C.S. § 1; prior code § 5-007)
As noted in the portion of the definition that is underlined, a card room may not be located on a parcel that contains another card room. If approved, the amendment to Title 5 would be applicable City-wide; however, it would not change any other provisions related to the licensing, operation, or permitting requirements that are contained in Title 5, Business Licenses and Regulations, or Title 16, the Development Code, of the SMC. More specifically, the amendment would not change the maximum number of card rooms that are allowed to operate in the City (four are allowed and three are currently existing), the maximum number of tables allowed in a single card room (eight), existing card room regulations contained in SMC Section 5.32.290, or the requirement for a Planning Commission-approved Use Permit for the establishment of a new or the relocation of an existing card room. Card rooms would also still be subject to all applicable provisions of the State Business and Professions Code (Chapter 5, The Gambling Control Act, various articles) dealing with the licensing and regulating of card rooms.
The Title 5 restriction on the number of card rooms on a single parcel of land resulted from an Ordinance (No. 2316-C.S.) that was approved by the City Council in October of 1972 and became effective 30 days later. All new card rooms that have been approved since that date have complied with the noted requirement. Since approximately 2006, two card rooms have operated on adjacent parcels in the general vicinity of Pacific Avenue and Benjamin Holt Drive. The Cameo Club Card Room has operated at 6518 Pacific Avenue since adoption of a Use Permit by the Planning Commission in 1983. The Cameo Club has operated at 552 W. Benjamin Holt Drive since a Use Permit was approved in 2006 to allow its relocation from 5757 Pacific Avenue. The relocation was necessitated by the redevelopment of the then-existing shopping center into the Stonecreek Village Shopping Center. The buildings that contain the two existing card rooms are immediately adjacent to each other. According to Police Department staff, the proximity of the two card rooms has not resulted in significant calls for police service or high levels of criminal activity. Staff do not anticipate such problems in the event of the proposed card room relocation to 6111 West Lane.
Present Situation
In response to an inquiry regarding the relocation of the noted existing card room from 6518 Pacific Avenue to 6111 West Lane, staff from the Community Development Department, the Police Department, and the City Attorney’s Office met and determined that the proposed relocation did not comply with the requirements of SMC Section 5.32.010 that allows only one card room to locate on a single parcel of land. The owner of both card rooms was advised of staff’s determination. The applicant’s attorney subsequently submitted both the Use Permit application to authorize the relocation of the existing card room and a request that the Community Development Department initiate an amendment to the noted SMC section.
Approval of the subject amendment will allow staff to process the Use Permit and schedule it for a public hearing by the Planning Commission. Denial of the subject amendment precludes processing of the Use Permit and the card room would not be permitted to relocate to the subject site.
Application referrals for the proposed Code Amendment were sent to various City departments, including the Police Department, Code Enforcement, and the City Attorney’s Office. To date, no objections have been raised regarding the proposed Code Amendment.
Finally, State Business and Professions (B&P) Code Section 19961.1 provides that any amendment to a city or county ordinance relating to gambling establishments must be submitted to the Department of Justice (DOJ) for review and comment before the ordinance is adopted by the city or county. On October 31, 2016, the City submitted a draft of the proposed amendment to the DOJ’s Bureau for Gambling Control for review and comment. On November 15, 2016, the City received a response from the Bureau which stated that the proposed amendment is in compliance with applicable provisions of the Gambling Control Act. (Attachment B - DOJ Response Letter).
In light of the above, Staff recommends that the City Council adopt an Ordinance amending Title 5, Chapter 5.32, Section 5.32.010, of the Stockton Municipal Code, as detailed above.
ENVIRONMENTAL REVIEW
The proposed SMC amendment is exempt from the California Environmental Quality Act (CEQA) under the “general rule” that CEQA applies only to projects that have the potential for causing significant environmental effects, as specified in Section 15061(b)(3). Approval of the subject amendments constitutes an administrative action that will not result in direct or indirect physical changes in the environment and any future projects that would rely on this amendment will require further case-specific environmental review under CEQA
FINANCIAL SUMMARY
There will be no fiscal impact upon the City as a result of the subject amendment of zoning regulation.
Attachment A - Proposed Ordinance - Redline Version
Attachment B - DOJ Response Letter