RES-2006-165RESOLUTION NO. 2006R- 165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION OF
A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE
ELECTORS OF SAID CITY AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7,
2006. (MEASURE NO. 2 - GAMBLING)
WHEREAS, pursuant to Section 1302 of the City Charter, the City Council of the
City of Anaheim heretofore adopted its Resolution No. 2006R -1-6 L calling. and giving notice of the
holding of a general municipal election in the City of Anaheim to be held on Tuesday, November
7, 2006; and
WHEREAS, pursuant to authority provided by Section 3 of Article XI of the
Constitution of the State of California, Section 1303 of the Anaheim City Charter, and Section
9255(a)(2) of the Elections Code of the State of California, the City Council of the City of Anaheim
desires to submit to the qualified electors of said City certain proposed amendments to the Charter
of the City of Anaheim; and
WHEREAS, the City Council of the City of Anaheim is authorized by the California
Constitution, the Anaheim City Charter, and by state statute to submit said proposed amendments
to the Anaheim City Charter to the qualified electors of said City at said general municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1
That, pursuant to Section 3 of Article XI of the California Constitution, Section 1303
of the Anaheim City Charter and Section 9255(a)(2) of the Elections Code of the State of California,
it is hereby ordered that the following ballot measure proposing an amendment to the Charter of the
City of Anaheim be submitted to the qualified electors of said City at the general municipal election
to be held in said City on November 7, 2006:
Measure No. 2
The full text of Measure No. 2 is set forth on Attachment No. 2 attached hereto and
incorporated herein by this reference as if set forth in full.
Said Measure No. 2 shall appear upon the ballots for said general municipal election
in substantially the following form:
GAMBLING PROHIBITED. Shall Section 519 Yes
be added to the City Charter to prohibit any
gambling activities not currently permitted in the
City of Anaheim without approval of the voters of No
the City?
SECTION 2
That the City Clerk is authorized, instructed and directed to procure and furnish any
and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election.
SECTION 3
That the polls for the election shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code of the State of California.
SECTION 4
That in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding general municipal elections.
SECTION 5
That the notice of the time and place of holding the election is hereby given and the
City Clerk is hereby authorized, instructed and directed to give further or additional notice of the
election, in such time, form and manner as required by law.
SECTION 6
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 11 day of July, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members , Hernandez, Galloway, Chavez
NOES: Council Member Sidhu
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By — It av &
MAYOR OF THE CITV OP ANAHEIM
4d
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60876.3
CHARTER AMENDMENT
Section 519. GAMBLING ACTIVITIES AND GAMBLING FACILITIES PROHIBITED.
No ordinance shall be adopted by the City Council which would permit or authorize any
gambling activities or gambling facility in the City of Anaheim. Any ordinance adopted by the City
Council in violation of this section shall be null and void.
Neither the City Council, nor any officer or employee of the City when acting in his or her
official capacity, shall (i) take any action or approve any license, permit or other entitlement,
including but not limited to any zoning reclassification or zoning code amendment, which would
directly or indirectly result in the authorization, approval, establishment or expansion of any
gambling activities or gambling facility in the City of Anaheim; or (ii) acquiesce or concur in any
action or decision of any other governmental agency or governmental official having jurisdiction
concerning such gambling activities or gambling facility where a protest or objection procedure is
available to the City and where failure to so protest or object could result in the approval,
establishment or expansion of any gambling activities or gambling facility in the City of Anaheim
or which could authorize any gambling activities or gambling facility to be so, established or
expanded; or (iii) approve, authorize, execute or enter into any agreement or understanding, or take
any other action of any nature whatsoever, which would authorize, approve, or in any way facilitate
or result in, any gambling activities or gaming facility in the City of Anaheim, including, but not
limited to, any agreement or understanding relating to any gambling activities or gambling facility
which would result in the receipt by the City of any revenue of any kind from such gambling
activities or gambling facility.
The term "gambling activities" as used in this section shall mean any game, contest or
activity in which oqe or more players wager, stake or otherwise risk money, checks, credits,
merchandise, chips, markers or other items of value or representations of value for the chance to win
money, checks, credits, merchandise, chips, markers or other items of value or representations of
value based upon the outcome or result of such game, contest or activity, regardless of whether
chance or skill is the determining factor, except those certain games, contests and activities lawfully
permitted in the City of Anaheim as of November 1, 2006.
The term "gambling facility" as used in this section shall mean any property, lot, building or
structure used in whole or part for any gambling activities.
Nothing contained in this section shall be deemed to apply to any gambling activities or
gambling facilities which are beyond the power of the City of Anaheim to prohibit.
Nothing contained in this section shall be deemed to prohibit the adoption of an initiative
measure by the electorate of the City of Anaheim relating to gambling activities or gambling
facilities in the City of Anaheim, nor shall be deemed to prevent the City Council from prohibiting
or otherwise regulating any games, contests or activities which were permitted within the City of
Anaheim as of November 1, 2006, to the extent it is within the power of the City to do so.
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