HomeMy WebLinkAbout1271 Amending City Code - Entering Excursion Gambling Boats BILL NO. 2013 -097 ORDINANCE NO. /a7
AN ORDINANCE AMENDING TITLE II, CHAPTER 210, ARTICLE V OF THE
CITY CODE RELATING TO ENTERING EXCURSION GAMBLING BOATS
WHEREAS, Section 313.817, RSMo, prohibits individuals under the age
of 21 years of age from being allowed in the area of the excursion gambling boat
where gambling is being conducted, subject to exception; and
WHEREAS, Section 313.817, RSMo, provides that the "governing body of
a home dock city or county may restrict the age of entrance onto an excursion
gambling boat by passage of a local ordinance"; and
WHEREAS, Section 313.813, RSMo, makes it unlawful for a person that
has been accepted of voluntarily self - excluding him /herself from an excursion
gambling boat, to enter an excursion gambling boat, and the Missouri Gaming
Commission has promulgated regulations to implement this self - exclusion list
(known as the List of Disassociated Persons); and
WHEREAS, Section 79.110, RSMo, grants the City of Riverside, Missouri
the authority to exercise general police powers and to pass ordinances for the
health and safety of its citizens; and
WHEREAS, the City's Board of Aldermen deems it expedient for the good
government of the City, and for the preservation of peace and good order, to
enact an ordinance prohibiting those individuals on the List of Disassociated
Persons to enter the gambling area of an excursion gambling boat.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1 — ADDITION OF SECTION 210.750 TO THE CITY CODE. Title II,
Chapter 210, Article V, Section 210.750 of the Riverside City Code is hereby
added to read as follows:
Section 210.750: ENTERING EXCURSION GAMBLING BOATS
— WHEN UNLAWFUL
1. An individual under 21 years of age may not enter or attempt to enter
the area of an excursion gambling boat where gambling is being
conducted except that an individual 18 years of age or older who is
employed by the licensed operator of the excursion gambling boat may
enter and remain in that area while engaged in the performance of the
individual's employment duties.
2. An individual who has been placed on the Missouri Gaming
Commission's List of Disassociated Persons may not enter or attempt
to enter the area of an excursion gambling boat where gambling is
being conducted except that such individual who is employed by the
licensed operator of the excursion gambling boat may enter and
remain in that area while engaged in the performance of the
individual's employment duties
3. As used in this Section,
a. "excursion gambling boat ", means a boat, ferry or other floating
facility licensed by the Missouri Gaming Commission on which
gambling games are allowed;"
b. "List of Disassociated Persons" means the list of those persons
that have voluntarily applied to exclude him /herself from an
excursion gambling boat, and which the Missouri Gaming
Commission has entered their name on the List.
SECTION 2 — REPEAL OF ORDINANCES IN CONFLICT. All ordinances or
parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 3 — SEVERABILITY CLAUSE. The provisions of this ordinance are
severable and if any provision hereof is declared invalid, unconstitutional or
unenforceable, such determination shall not affect the validity of the remainder of
this ordinance.
SECTION 4 — EFFECTIVE DATE. This ordinance shall be in full force and effect
from and after the date of its passage and approval.
BE IT REMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of Aldermen and APPROVED by
the Mayor of the City of Riverside this /7 day of, , 2013.
• ayor Kathleen L. Rose
ATTEST:
•
Rubin LittreIL ity Clerk
CITY OF
WEIRS la
missoum
Upstream from ordinary.
DATE: December 10, 2013
TO: Mayor and Board of Aldermen
FROM: Paul A. Campo, City Attorney
RE: Underage gambling and self - excluded persons
Background
City staff received an inquiry on September 30, 2013 from Mr. John Chaszar regarding
the enactment of a City ordinance making it unlawful for anyone under the age of 21 to
attempt to enter or otherwise gain access to the casino's gambling floor. The concept was
discussed with the City Prosecutor, who indicated that she would prosecute it if there was an
ordinance. Additionally, the City Prosecutor raised the issue of including in the ordinance those
persons who have voluntarily self - excluded themselves from the casinos.
Underage access
Section 313.817, RSMo, prohibits individuals under the age of 21 years of age from
being allowed in the area of the excursion gambling boat where gambling is being conducted,
subject to a limited employment exception. The statute also provides that the "governing body
of a home dock city or county may restrict the age of entrance onto an excursion gambling boat
by passage of a local ordinance." Thus, Section 313.817, RSMo is the City's authority to enact an
ordinance with respect to underage access.
Disassociated Person access
Section 313.813, RSMo, makes it unlawful for a person that has been accepted of
voluntarily self - excluding him /herself from an excursion gambling boat, to enter an excursion
gambling boat, and the Missouri Gaming Commission has promulgated regulations to
implement this self - exclusion list (known as the List of Disassociated Persons). The City's
authority to enact an ordinance with respect to Disassociated Person access is the City's general
police power contained in Section 79.110, RSMo. This law grants the City the authority to enact
ordinances that further health, safety, and welfare.
Missouri Gaming Commission
The proposed ordinance was provided to the Missouri Gaming Commission's General
Counsel. He indicated verbally that he did not have a problem with the ordinance.
Enforcement
The Missouri State Highway Patrol does not issue general ordinance summons to
defendants to appear in municipal court. Accordingly, enforcement of the ordinance would be
by City police officers. The City Prosecutor has reviewed the proposed ordinance and believes
that she can obtain a conviction, if necessary.
# # #