Admin Order 56-06-04-F - Laserfiche WebLink

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ADMINISTRATIVE ORDER NO. 56-06-04-F of the City Manager AMENDMENT OF SOCIAL GAMING RULES AND REPEAL OF ADMINISTRATIVE ORDER NO. 53-85-09. The City Manager finds that: A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules for administration of provisions of the Eugene Code, 1971. Section 3.872 of the Eugene Code, 1971, specifically authorizes the City Manager to adopt rules regarding the time, place, supervision and the play of social games. B. Pursuant that authority, on September 5, 2006, I issued Administrative Order No. 56-06-04 proposing to amend Social Gambling Rules that were adopted by Administrative Order No. 53-85-09 on December 23, 1985. C. Notice of the proposed rule amendment was published in the Register-Guard, a newspaper of general circulation within the City, on September 10, 11, 12, 13 and 14, 2006. The Notice was also made available to persons who had requested such notice, and provided that written comments would be received for a period of 15 days from the first date of publication of the Notice. Comments were received as summarized below, to which I make the following findings: Comments Reauestine a Public Hearine. Several respondents urged that the City hold public hearings prior to the adoption of this administrative rule. Findines. As this is an administrative rule and not an ordinance, a public hearing is not required. The Eugene Code (EC) does require that the public be given notice of intended rulemaking, and the City duly published a notice of the proposed rule amendment in the Register-Guard on September 10, 11, 12, 13 and 14,2006. EC 92.019(2). Notice was also made available to persons who had requested it, and all notices provided that written comments would be received for a period of 15 days from the first date of publication of the notice. I find that the public was provided notice and an opportunity to comment on this administrative rule as required by EC 92.019, and that a public hearing is not required. Comments Reeardine House Income from the Operation of a Social Game. Several comments urged the City to allow social gaming facilities to charge players a fee, either to play in a tournament style game, or for use of their facilities. Other comments requested that the administrative rule allow a social game organizer to collect a fee of 10% of a tournament buy-in. Those comments further requested that I add a provision to this administrative order providing that prizes in tournament-style games should never exceed a tournament's aggregate buy-ins nor equal less than 90% of the tournament's aggregate buy-ins. Findines. The Eugene Code prohibits the owner or any person in charge of a social gaming establishment from accepting "any payment, fee, service or gratuity as consideration for the Administrative Order - Page 1 of 10