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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