HomeMy Public PortalAboutOrdinance 5421
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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Ordinance No. 478 is hereby repealed.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.
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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.
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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.
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(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
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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.
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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
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DEPUTY CITY CLRR
CITY OF BEAUMONT