Gilroy’s City Council will take a new look at ordinances
regarding gambling and adult businesses tonight. It will be a big
night for regulations, as the council also examines changes to a
local ordinance for massage therapy practitioners.
Gilroy’s City Council will take a new look at ordinances regarding gambling and adult businesses tonight. It will be a big night for regulations, as the council also examines changes to a local ordinance for massage therapy practitioners.
The council will ask for direction regarding regulation of “No Bust 21st Century Blackjack 5.1” during its study session. On June 8, the council approved a resolution that added the form of blackjack to its approved list of games. However, city staff later learned that the added game violated a city ordinance that prevents banking games.
Ky Phuon, owner of Garlic City Casino, wants the city to allow banking games under its current ordinance and to increase the allowable amount of tables to eight.
The council watched a demonstration of the game during an Oct. 5 study session, and then asked staff to conduct research on the extended impacts of the game.
Police contacted the Department of Justice Bureau of Gambling control, which does not consider No Bust 21st Century Blackjack 5.1 to be a banking game under state guidelines. Various other city and county law enforcement agencies said they have not received complaints about the game, according to a city staff report.
Police learned that Garlic City Card Room, which offers the game, has received very few calls for service since October 2008, and it did not appear that adding three tables that feature the game would cause problems.
The council also will discuss revising its ordinance that regulates adult-oriented businesses. Proposed changes would include requiring opaque coverings of the buttocks and genitals and for female nipples during live showings. Adult businesses could not operate massage or escort services. Performers could not offer to provide sexual acts with patrons and could not touch patrons. The ordinance also would include requirements for restrooms, railings, stage levels and dressing rooms.
Proposed regulations would remove prohibitions on food servers working in the nude or semi-nude to prevent potential legal battles regarding the First Amendment, but it would ban live sex acts.
The council’s agenda packet includes hundreds of pages worth of material on case law and studies regarding adult businesses.
The council also is taking a second look at massage therapy businesses after Gov. Arnold Schwarzenegger signed a bill in September that allows for state certification. The City Council approved an ordinance regulating massage therapists and practitioners in October 2003. However, the new state law allows massage businesses to get certification under the California Massage Therapy Council.
Changes in the ordinance would recognize that massage therapists can get state certification rather than going through the city licensing process. The ordinance would not pertain to pedicurists and manicurists who massage hands and feet as part of their business.
More on the council’s decision will be posted Tuesday.
