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HomeMy Public PortalAboutOrdinance 5421 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 542 AN ORDINANCE OF THE CITY OF BEAUONT, CALIFORNIA REPEALING ORDINANCE NO. 478 AND PROVIDING FOR THE PLAYING OF BINGO PURSUANT TO SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION AND SECTION 326.5 OF THE PENAL CODE. THE CITY COUNCIL OF THE CITY OF BEAUI`MONT DOES ORDAIN AS FOLLOWS: SECTION 1: REPEAL OF ORDINANCE NO. 478. Ordinance No. 478 is hereby repealed. SECTION 2: BINGO AUTHORIZED. Notwithstanding any other p=;isions of this Ordinance, this Ordinance is adopted pursuant to Section 19 of Article IV of the California. Constitution and Section: 326.5 of the Penal Code in order to make the name of bingo lawful under the terms and condi- tions of the following sections of this Ordinance. SECTION 3: DEFINITIONS: Whenever in this Ordinance the following terms are used they shall have the meanings respectively ascribed to them in this section. (a) Bingo is a game of chane it whigh orizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected 't random. Notwithstanding Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols which are conceale and preprinted in a manner providing for distribution of prides. The winning cards shall not be known prior to the game by any person participating in the playing or operation_ of the bingo game. All such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance". (b) Non-p:cfit, charitable organization is an organization exempted from the payment of the Bank and Corporation Tax by Sections 23701 (a) , 23701 (b) , 23701 (d) , 23701 (e) , 23701 (f) , 23701 (g) } and 23701(1) of the Revenue and Taxation Code. (c) Mobile Home Park Associations are associations of pecpl? who live within any mobile home park and have the right to the use of the mobile home park's facilities by reason of their paying a rental fee for such right to live there. (d) Senior Citizen organization is an organization or asso- ciation of individuals, 55 years of ace or older, who meet together on a regular basis to further common interests such as recreational social welfare, common political cause, etc. Regular is defined here as meeting on a. regular, scheduled basis, such as weekly or monthly. (e) Minor is any person under the age of eighteen (18) year SECTION 4: LICENSE REQUIRED. It shall be unlawful for any person to conduct any bingo games in the City of Beaumont unless such person is a member of a non-profit, charitable organization, a. member of a mobile home owner's association, or a member of a senior citizens organization and has been issued a license as provided by this ordinance. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 5: APPLICATION. Application for license shall be made to the Chief of Police on forms prescribed by the Chief of Police, and shall be filed not less than ten (10) days prior to the proposed date of the bingo game or games. Such application for licensing shall require from the applicant at least the following: (a) A list of all members who will overate the bingo game, including the full names of each member, date of birth, place of birth, physical description and driver's license number. (b) The date(s) and place(s) of the proposed bingo game or games. (c) Proof that the organization is a non-profit, charitable organization, a mobile home park association or senior citizens organization as defined by this organization. SECTION 6: TERM OF LICENSE AND FEES. The term of a bingo license is one (1) year and may be re- newed for a period of one (1) year any time prior to expiration thereof, upon application therefor. The fee for a bingo license shall be Fifty ($50) dollars. The fee for renewal shall be Ten.ty-five ($25) dollars. If an application fee for a license is denied, one-half of the applicatio fee shall be refunded to the organization. An additional fee of one percent (1%) of the monthly gross receipts over Five Thousand ($5,000) dollars derived from bingo shall be collected monthly by the City. SECTION 7: PPPLICATION INVESTIGATION. Upon receipt of an application for a license, the Chief of Police may use any resource he deems essential to carry out a proper investigation of the applicant. The Chief of Police and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applican4, and examine the premises to be used for the bingo game. Upon approval of any application for a bingo license the Chief of Police shall issue the license. SECTION 8: LICENSE NOT TRANSFERABLE. Each license issued hereunder shall be issued to a specific person on behalf of a specific non-profit charitable organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another, nor from one location to another. game. SECTION 9: LIMITATIONS. (a) No minors shall be allowed to participate in any bingo (b) An organization authorized to conduct bingo games pur- suant to Section 4 shall conduct a bingo game only on property owned or leased by it, and which property is used by such organi- zation for an office or for oerfcr'ia.nce of the purposes for which the organization is organized. : thing in this section shall be construed to require that the prcpe7ty owned or leased by the organization be used or leased e.zc.lusively by such organization. Page 1 (c) All bingo games shall be open to the public, not just to the members of the authorized organization. (d) A bingo game shall be operated and staffed only by 3 members of the authorized organization which organized it. Such members shall not receive a profit, wage, or salary from any bingo 4 game. Only the organization authorized to conduct a bingo game sha operate such game, or participate in the promotion , supervision, 5 or any other phase of such game. 6 (e) No individual corporation, partnership, or other legal entity except the organization authorized to conduct a bingo game 7 shall hold a financial interest in the conduct of such bingo game. 2 8 (f) With respect to organizations exempt from payment of th1 bank and corporation tax by Section 23701(d) of the Revenue and 9 Taxation Code, all profits derived frorr a bingo game shall be kept in a special fund or account and shall not be co -mingled with any other fund or account. Such profits shall be used only for chari- table purposes. With respect to other organizations authorized to conduct bingo games pursuant to this section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be co -mingled with any other fund or account. Such pro- ceeds shall be used only for charitable purposes, except as follows: (1) Such proceeds may be used for prizes. (2) A portion of such proceeds, not to exceed 10 per- cent of the proceeds before the deduction for prizes, or five hundred dollars ($500) per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, and administrative expenses. (3) Such proceeds may be used to pay license fees. (4) Within thirty (30) days after bingo games are held 19 in any month the applicant will file with the Chief of Police a iifull and complete financial statement of all monies collected, dis- 20 bursed and the amount remaining for charitable purposes. 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 29 30 31 32 (g) No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted. (h) The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250) in cash or kind, or both for each separate game which is held. (i) No bingo game shall be conducted between the hours of Midnight and 8:00 A.M. (j) If an organization's monthly gross receipts from bingo games exceed Five Thousand dollars ($5,000), a minimum of twenty- five percent (25%) of the proceeds shall be used only for charitably purposes not relating to the conducting of bingo games, and that th balance shall be used for prizes, rental of property, overhead, administrative expenses and payment of license fees. The amount of proceeds used for rental of property, overhead and administrative expenses is subject to the .limitations specified in paragraph (2) of this subdivision. SECTION 10: INSPECTION. Any peace officer of the City of Beaumont shall have free Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 access to any bingo game licensed under this ordinance. The licen- see shall have the bingo license and list of approved staff availab for inspection at all times during any bingo game. SECTION 11: APPLICATION DENIAL, LICENSE SUSPENSION AND/OR REVOCATION. The Chief of Police may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has: (a) Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this ordinance, or (b) Violated any of the provisions of this ordinance. If after investigation the Chief of Police determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, re- vocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the Chief of Police or who has had a bingo license suspended or revoked by the Chief of Police may appeal the Chief's decision in the manner pro- vided in this ordinance. SECTION )2: APPEAL PROCEDURE. Whenever an appeal is provided for in this ordinance, such appeal shall be filed and conducted as prescribed in this section. (a) Within fifteen (15)calendar days after the date of any denial, suspension, revocation or other decision of the Chief of Police an aggrieved party may appeal such action by filing with the City Manager a written appeal fully setting forth the reasons why such denial, suspension, revocation or other decision is not proper4 (b) Upon receipt of such written appeal, the City Manager shall, within twenty (20) days, place the appeal on a regular agenda for the City Council. At least one week prior to the date of the hearing on the appeal the City Tanager shall notify the appellant and Chief of Police of the date and place of the hearing. The Mayor or Mayor Pro Tem is authorized to issue subpoenas, to administer oaths and to conduct the hearing on the appeal. At such hearing the Chief of Police and the appellant may present. evidence relevant to the denial, suspension, revocation or other decision of the Chief of Police. The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law The formal rules of evidence applicable in a court of law shall not apply to such hearing. (c) At the conclusion of the hearing, the City Council may uphold the denial, suspension, revocation or other decision of the Chief of Police, or the City Council may allow that which has been denied, reinstate that which has been suspended or revoked or modi{ or reverse any other decision which is the subject of the appeal. The City Clerk on behalf of the City Council, shall within ten (10) days file with the City Manager written findings of fact and con- clusions of law and its decision. The decision of the City Council is final. Pane 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SECTION 13: VIOLATIONS AND PENALTIES. (a) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. (b) A violation of subdivision (a) of this section shall be punishable by a fine not to exceed ten thousand dollars ($10,000), which fine shall be deposited in the general fund of the City. A violation of any provision of this ordinance, other than subdivisio. (a) is a misdemeanor, and upon conviction thereof, shall be pun- ishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. SECTION 14: SEVERABILITY. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declare to be severable. SECTION 15: EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage it shall be published once in full or in summary, with the names of the members voting for and against the same in the Record -Gazette, a newspaper of general circulation published in the County of Riverside. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th day of January, 1982 by the following vote: AYES: Councilmen May, Shaw, Hammel, Lowry and Mayor Thompson. NOES: None. ABSENT: None. ABSTAIN: None. DEPUTY CITY CLERK CERTIFICATION ei/ t//6-&'4 ► Lam` =� AYOR OF THE CITY OF BEAUMONT foregoing is certified to be a true copy of Ordinance Not dopted by the Beaumont City Council on the date herein Page 5 i' DEPUTY CITY CLRR CITY OF BEAUMONT