HomeMy Public PortalAboutOrdinance 78-463ORDINANCE NO, 78 -463
AN- ORDINANCE OF THE--CITY OF TEMPLE CITY
AUTHORIZING CERTAIN BINGO GAMES WITHIN
THE'CITY BOUNDARIES
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION' 1. A new Part F of Chapter 1 of Article IV,
- reading as follows, is hereby added to the Temple City
Municipal Code:
PART F
Bingo Games
Section 4160: State Law. There is hereby incor-
porated by reference Section 326.5 of the Penal Code of
the State of California, as that section may from time
to time be amended, the provisions of which shall
supersede and preempt any provisions hereof irreconcilable
therewith.
(a) Regulations supplementary to said Section
326,5 and included herein shall be effective,
(b) Words and phrases used herein shall be
interpreted as set forth, in said Section 326.5.
Section 4161: Permitted Games: A non - profit or
charitable -- organization may conduct a bingo game within
-the City of Temple City Subject to the following
conditions:
(a) Such games may only be conducted by and for the
benefit of organizations organized as required
by,, and exempted from the payment of the Bank
or Corporation Tax, as prescribed by said
Section 326.5.
(b) It shall be a misdemeanor for any person to
receive-:a profit., wage, or salary from any
bingo game authorized.by Section 19 of Article
IV of the State Constitution.
(c) A violation of subdivision (b) of this Section
shall be punishable by a fine not to exceed
$10,000 which fine: shall be deposited in the
General Fund of the City.
(d) The City may bring an action to enjoin a
violation of any of the provisions of this Section.
(e) No minors shall be allowed to participate in
any bingo game,
(f) A non- profit or charitable organization shall
conduct a bingo game .. only on property owned
or leased by it., and which property is used .
by such organization for an office or for
performance of the purposes for which the
organization is organized.
Ordinance No. 78 -463 Page 2
(g) All such bingo games authorized by this
Section shall_ be...open to the public and shall
not be limited to members- of the non - profit .
or charitable organization.,
(h) A bingo game shall be .operated and staffed. only by members : of.. -the non - profit or charitable
organization ..which: -.organize.d it Such members
shall not - .receive a- profit, wage, or salary
from any bingo_.game.. Only the organization
authorized to .conduct a bingo game shall
operate such game, or participate in the
promotion, supervision, or any other phase
of such gamed
(i) No individual corporation., partnership, or
other. legal . entity except. the- organization
authorized to conduct a. bingo game' shall hold
a financial interest in the conduct_ of such .
bingo game....
All profits. derived from .a bingo g•ame.. shall be
kept. in a special _fund. or ..account..- of the
organization conducting.... such _game and _shall
not be co- mingled with any. other fund..or
account of such organization.. .Accountings
shall . be provided..to. the. City_ upon.; request.
(k) Any- organization. conducting _a. bingo game
pursuant to the .provisions. of this Section shall
obtain from. - the City a.. license. permitting .
the licensee to conduct. a bingo game; the
fee for said license .shall. ..be...$50000 per annum;
the applicant_ shall:. furnish the City .with
such..information..as is reasonably, necessary
to carry . out the= _purp.oses..of. this. Section .and
as, more specifically: set .. forth in an. application_
which'. - ..shall be .promulgated. by the License..-
Department': -of the .City, _ which shall. be .responsible
for the .i;ssuance:.of said ,license;. any violation
of any. of _the - _provisions of this Section shall
constitute grounds .. for- revocation of a license: -
to conduct a bingo. game and may .further constitute
grounds for_ the denial to the applicant or
licensee of any future .license to conduct
additional bingo games within. the City., . The
term of any such license shall be for one year
only.
(1) Where .a violation:. of any of. the .provisions of
this:. Section has... occurredor: is threatened,
the license may be denied if it. has not been .
issued and may be revoked if it has been :
issued, . by action of the City Council_ When, in .
the opinion of the.. City. Manager, - there is
insuffic.i.ent time to refer the. matter_ to the_.
City: Council, . the. City. Manager.. may deny a. license or
revoke- a. license_ where a. violation of. this Section
has occurred: or is threatened. Such action
taken by . the City Manager .may;. be . appealed in. _
writing...to the .Council'; however,. no such.
action, shall be stayed pending,. suc.h. appeal., Violation
of any of the terms or conditions of any su:.ch .. license
or of any of the - provisions of. th.i.s. Section shall
constitute grounds for denial of future licenses to the
same applicant or licensee..
(j)
Ordinance Nom 78 -463 Page 3
(m)
No person shall be allowed to participate
in any bingo game_ .conducted .pursuant , to this
Section unless the person is physically present
at. the .ti.me and place in which the bingo game
is being. conducted,.
(n) The .total value: of .prizes. awarded during the
conduct, of any bingo_ game shall not exceed
$250:_ 00. in cash- -or kind, or both, for each
separate_ game which is held..
(o) As used in this Section., "bingo" means: .a game
of chance in .whichprizes are awarded on the
basis. of . designated :numbers. or symbols on a
card which conform to numbers or symbols
selected at random,
(p) No location shall be used to nor shall any.
applicant, . conduct .a. bingo game . more often than .
once per week., All .games .shall. be conducted
only between the hours of 10:00 A.M. to
11:59 P.M,
(q) No signs shall .. be permitted advertising any
bingo _game_ at any location,..: except one sign
on-the-site not to exceed. six (6) square feet
only during,_ the .day of the game. . _.
Section 4162:- Penalty.. Violation of any of the provisions
of Section. 4161 except a. violation of subsection (b),
for which a separate ;. penalty: has been -. provided, shall- be _punishable
as a misdemeanor in the manner provided in this Municipal _Code :o.
SECTION 2.. The City- Clerk: of the... City of Temple_ City shall certify
Ito the passage.. and adoption _of _this_.. Ordinance and to its approval ...by the
Mayor and. shall cause the- same to be published in the ::Temple - ..City Times,
a. newspaper .of. _general :_.circulation , printed, published, and circulated
in the City of Temple . City-
APPROVED, PASSED, and ADOPTED this 18th day of April , 1978.
ATTEST:
Chief Deputy; City Clerk
STATE OF CALIFORNIA :)
COUNTY OF LOS ANGELES)ss.
-CITY OF TEMPLE: CITY )
• I� Norma W. Case , Chief Deputy City Clerk of th.e,_City of
Temple: City,.. do hereby certify - .that_ the foregoing. Ordinance, being
Ordinance 78 -463, was-..introduced- at a: regular _meeting, of_ the City
Council_ of-. the City of .Temple. City; held- ..on_-the-. 4th_ day- of,.. A ril
11978:,_ • and_ was: duly...:.passed, _ appro-ved,._:: and:.. adopted 757:..said ..Gou:n.c .., approved.
and signed_: by the _Mayor and'. attested: b. :.the City Clerk_ at a Regular meeting
of the said City Council held on the. 18th day of Aril , 1978, by the
following vote:
Mayor o
Temple
e City o
ty, California
AYES.: Councilmen- Atkins, Dennis, Gillanders, Merritt, Tyrell
• NOES: Councilmen -None
ABSENT: Councilmen -None (
(
Chi.e Deputy City Clerk
Temple City, California