HomeMy Public PortalAboutOrd. 1020
ORDINANCE N0. 1020
AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY
OF LYNWOOD ADDING ARTICLE VI (COMML•;NCING WITH
22'80) TO ClIAP'I'ER 22 OF THE CODE OF TIIE CITY
OF LYNWOOD RELATING TO BINGO GAD9ES.
'PHE CITY COUNCIL OF TIIE CITY OF LYNWOOD DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1.
Article VI hereby is added to Chapter 22 of the Code
of the City of Lynwood to read as follows:
Article VI. Bingo Games.
Section 22-80. Definition of Bingo.
As used in this chapter, 'bingo'~mcans a game of
chance in which prizes are awarded on the bas.i.s of designated
numbers or symbols on a card which conform to numbers or symbols
selected at random.
Section 22-81. License Required.
It shall be unlawful for any person, firm, organi.2a-
tion, or corporation to hold, conduct, participate in, or carry
on any bingo game without first having applied for and obtained
a license from the City.
Section 22=82. Or.ctanizations Eligible for License to Conduct
B~;gc Ganes.
Only such organizations are eligible for a license
to conduct bingo games which
(a) are exempted from the payment of the bank and
corporation tax by Sections 23701x, 23701 b,
23701d, 23701e, 2370 LE, 237018, or 2370.1]. of.
the Revenue and i'axat-ion Code or which are
mobi_lelrome park associations or. senior citizen
organizations;
(b) own or lease property w_i.thi.n the City of lrynwood
which is used by such organization for an office
or for. performance of the purposes for which
the organization is organized; and
(c) have bee^ i_n orr~er.ation within the City for a
period of not less than three (3) years prior
to making application for a license.
Section 22-83. Application for License.
I:1igl.bl.e organizations desir.iny to obtain or renew
such license to conduct bingo games in the City shall file an
application in writing therefor with the City hi.cense Co1].ector
on a form provided by hi.m at least ninety (90) days prior to
the proposed effective date of the license.
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Section 22-84. Contents of Application for License.
Said application for a license shall contain the
following:
(a) The name of the applicant organization and
a statement that applicaht is an eligible
organization under Section 22-82;
(b) The name and signature of at least two (2)
officers includinq the presiding officer,
of the organization;
(c) The particular property within the City in-
cluding the street number, owned or leased by
the applicant, used by such applicant for an
office or for performance of the purposes for
which the applicant is organized, on which
property bingo games will be conducted, together
with the occupancy capacity of such place;
(d) Proposed day of week and hours of day for
conduct of bingo games;
(e) A statement that the applicant agrees to conduct
bingo games in strict accordance with the pro-
visions of Section 326.5 of the Penal Code and
this chapter as they may be amended from time to
time, and agrees that the license to conduct
bingo games may be revoked by the License
Collector upon violation of any of such provisions;
(f) The signature of the applicant under penalty
of perjury;
(g) The license fee fixed of $50 shall accompany
the application; and
(h) The applicant shall also submit, with its applica-
tion a Certificate or Determination of Exemption
under the appropriate section of the Revenue and
Taxation Code, or a letter of good standing from
the Exemption Division of the Franchise Tax
Board in Sacramento showing exemption under said
appropriate section or other proof of eligibility.
Section 22-85. Investigation of Applicant.
Upon receipt of the-completed application and the fee,
the License Collector shall refer the same to interested depart-
ments of the City for investigation as to whether or not all
the statements in the application are true and whether or not
the property of the applicant qualifies, and the extent to which
it qualifies, as property on which bingo games may lawfully be
conducted as to fire, occupancy and other applicable restrictions.
Section 22-86.
Contents of License
Upon being satisfied that the applicant is fully
qualified hereunder to conduct bingo games, the License Collector
shall issue a license to said applicant, which shall contain
the following:
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(a) The name and nature of the organization to whom
the license is issued;
(b) The address at which bingo games are authorized
to be conducted;
(c) The occupancy capacity of the room at which bingo
games are to be conducted;
(d) The day on and times during which bingo games
may be conducted;
(e) The date of the expiration of the license, which
shall be not more than one year .from the date of
issuance; and
(f) Such other information as may be necessary or
desirable for the enforcement of the provisions
of this chapter.
Section 22_-87. Summary Suspension of License Pendinq
Opportunity for Hearing - .Misdemeanor to
Continue After Suspension - Revocation_
(a) Whenever it .appears to the License Collector that
the licensee is conducting a bingo game in viola-
tion of any of the provisions of Penal Code
Section 326.5 or of this chapter, the License
Collector shall have the authority to summarily
suspend the license and order the license to
immediately cease and desist any further opera-
tion of any bingo game.
(b) Any person who continues to conduct a bingo game
after any summary suspension thereof under Sub-
section (a) shall be deemed guilty of a mis-
deamnor and upon conviction thereof, shall be
punishable by a fine not exceedinq $500 or by
imprisonment in jail for a period not exceeding
six months, or by both such fine and imprison-
ment.
(c) The order issued under Subsection (a) shall also
notify the licensee that it shall have five days
from the date of such order to request a hearing
to determine whether such license shall be revoked.
Failure to request, in writing, such hearing be-
fore the License Collector within said five-day
period, shall result in revocation of the license.
(d) Upon such request by the licensee, whose license
has been suspended under Subsection (a), for a
hearing to determine whether such license shall be
revoked, the License Collector shall provide such
hearing within. ten days after receipt of such
request at which hearing the suspended licensee
may appear before the License Collector for the
purpose of presenting evidence why the license
should not be revoked. No license shall be re-
voked under this section unless notice of the
time and place of such hearing shall have first
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been given at least five days before the hearing
thereof by depositing in the United States mail
a notice directed to said suspended licensee
at the address given in the application. The
notice shall set forth a summary of the ground
advanced as the basis of the suspension and
revocation.
Section 22-88. Appeal of Revocation to City Council.
(a) Any holder of a license whose license is revoked
under this chapter shall have the right, within
ten (10) days after receiving notice in writing
of the revocation, to file a written appeal to
the City Council. Such appeal shall set forth
the specific ground or grounds on which it is
based. The City Council shall hold a hearing
on the appeal within thirty (30) days after its
receipt by the City, or at a time thereafter
agreed upon and shall cause the appellant to be
given at least ten (10) days written notice of
such hearing. At the hearing, the appellant
or its authorized representative shall have the
right to present evidence and a written or oral
argument, or both, in support of his appeal.
The determination of the City Council on the
appeal shall be final.
(b) Any organization whose license is finally revoked
may not again apply for a license to conduct
bingo games in the City for a period of one year
from the date of such revocation; provided, how-
ever, if the ground for revocation is cancellation
of the exemption granted under the Revenue and
Taxation Code, such organization may again apply
for a license upon proof of reinstatement of said
exemption.
Section 22-89. Restrictions on Operations of Bingo Games
by Qualified Licensee-
(a) Maximum Amount of Prize
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.
(b) Profits to be Kept in Separate Fund or Account
All profits derived from a bingo game shall be kept in
a special fund or account and shall not be commingled with any
other fund or account. The licensee shall keep full and accurate
records of the income and expenses received and disbursed in
connection with its operation, conduct, promotion, supervision
and any other phase of bingo games which are authorized by this
chapter. The City, by and through its authorized officers,
shall have the right to examine and audit such records at any
reasonable time; and licensee shall fully cooperate with the City
by making such records available.
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(c) Financial Interest in Licensee Onl
No individual, corporation, partnership, or other legal
entity except the licensee shall hold a financial interest in
the conduct of such bingo game.
(d) Exclusive Operation by Licensee
A bingo game shall be operated and staffed only by
members of the licensee organization. Such members shall not
receive a profit, safe or salary from any bingo game. Only the
licensee shall operate such game, or participate in the promo-
tion, supervision or any other phase of such game.
(e) Bingo Games Open to Public
All bingo games shall be open to the public, not just
to the members of the licensee organization.
(f) Attendance Limited to Occupancy Capacity
Notwithstanding that bingo games are open to the public,
attendance at any bingo game shall be limited to the occupancy
capacity, of the room in which such game is conducted. Licensee
shall not reserve seats or space for any person.
(g) Bingo Games Conducted Only on Licensee's Property
The license issued under this chapter shall authorize
the holder thereof to conduct bingo games only on such property,
the address of which is stated in the application. In the event
the described property ceases to be used as an office and as a
place for performance of the purpose for which the licensee is
organized, the license shall have no further force or effect. A
new license may be obtained by an eligible organization, upon
application under this chapter by an eligible organization, upon
application of this chapter, when it again owns or leases prop-
erty used by it for an office or for performance of the purposes
for which the organization is organized.
(h) tlinors not to Participate
No person under the age of eighteen (18) years of age
shall be allowed to participate in any bingo games.
(i) Intoxicated Persons not to Participate; Alcoholic
Beverages
No person who is obviously intoxicated shall be allowed
to participate in a bingo game. No alcoholic beverages shall be
sold or consumed on the premises during the hours of operation
indicated on the license.
(j) Hours of Operation
No licensee shall conduct bingo games on more than one
day per week, nor for more than eight hours per day; and, no
bingo games shall be permitted on Sunday, nor before 8:00 o'clock
a.m. nor after 10:00 o'clock p.m.
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(k) Participant Must be Present
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.
Section 22-9p, Bingo Manager.
(a) Requirement
No person shall engage. in, conduct or carry on, or
permit to be engaged in, conducted or carried on, in or upon
any premises within the City, the operation of a bingo game
unless such game is conducted under the personal direction of
a Bingo Manager, duly licensed and bonded pursuant to this
Section for each bingo game. The Bingo Manager shall be present
on the premises during the operation of all bingo games.
(b) Manager to be Non-Compensated
No person may be licensed as a Bingo Manager unless he
is a non-salaried, non-compensated member of the organization
licensed to conduct bingo games.
(c) License
To obtain a Bingo Manager License, such applicant
shall file with the License Collector an application therefor
in writing, together with the required fee. The application
shall set forth, in addition to such information as may be
required by the License Collector:
(1) A statement that neither the Bingo Manager
nor the members of the non-profit organization
which operate any bingo game organized by such
organization, will receive any profit, wage, or
salary or any other direct or indirect considera-
tion from any bingo game.
(2) A statement that the Bingo Manager appli-
cant has read and understands all requirements
of the law in regard to conducting bingo games
in the City, and that such Bingo Manager will
accept full responsibility for the conduct of
such bingo games and all bingo card/ticket sales-
people under his direction.
(d) License Fee
The fee for the Bingo Manager License shall be fifty
Dollars ($50),
(e) Bond or Other Security
At the time of so filing with the City Clerk an applica-
tion for a license as a promoter the application shall either:
(1) File and thereafter maintain with the License
Collector a good and sufficient bond in the aggre-
gate sum of Five Thousand Dollars ($5,000) run-
ning to the City for the use and benefit of
interested persons and parties, executed by the
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applicant and two or more responsible sureties,
or a surety company authorized to do business in
the State of California, which sureties or surety
company shall be approved by the License Collector,
or
(2) Assign to the City savings and loan certifi-
cates in the sum of Five Thousand Dollars ($5,000).
(f) Requirements of Bond
The total aggregate liability on said bond shall be
Five Thousand Dollars ($5,000). The said bond shall be conditioned
upon the strict compliance, by the Principal, with the provisions
of this Chapter, and the payment of any direct pecuniary loss
sustained, through any act of grand or petty theft or other
wrongful act on the part of the Principal, his agent(s) or
employee(s).
(g) Term of Bond
The said Bond shall remain in force and effect for the
entire period of the license. The sureties may cancel the said
bond and be relieved of further liability thereunder by delivering
thirty days' written notice to the License Collector. Such
cancellation shall not affect any liability incurred or accrued
thereunder prior to the termination of the said thirty-day period.
(h) Action on Bond
Any person who sustains any injury covered by the said
bond may, in addition to any other remedy which he may have,
bring an action in his own name upon the said bond for the
recovery of any damage sustained by him. Upon such action being
commenced, such bond shall not be void upon first recovery thereon
but may be sued upon from time to time until the whole of the
penalty shall be exhausted. The License Collector may require
the filing of a new bond, and immediately upon the recovery in
any action on such bond, the promoter shall file a new bond or
assign savings and loan certificates to the City as provided
for in this Section. Upon failure to file a new bond or
assign savings and loan certificates within ten days, the
License Collector shall forthwith suspend such promoter's
license.
(i) Savings and Loan Certificates
If in lieu of a bond an applicant assigns to the
City savings and loan certificates he shall agree in writing that
if the License Collector finds that any person sustains any
pecuniary loss through any act of grand or petty theft or other
wrongful act on the part of the Principal, his agent(s) or
employee(s), the City may redeem a sufficient number of such
certificates and from the proceeds reimburse such person for
loss sustained.
(j) Investigation
The License Collector shall issue a Manager's license
if he finds:
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(1) That the applicant is of good moral
character and does not have a bad reputation
for truth, honesty or integrity.
(2) That all of the statements made in such
application are and each of them is true and
not deceptive or misleading and that the appli-
cant has not violated any of the provisions of
this Section and has not engaged in any fraudu-
lent transaction or enterprise, and that the
applicant intends to conduct his business fairly
and honestly.
If the License Collector determines that the applicant
fails to meet the foregoing conditions, he shall deny the
application and refuse to issue a license, and shall notify
the applicant of his decision.
Section 22-91. City May Enjoin Violation.
The City of Lynwood may bring an action in a court of
competent jurisdiction to enjoin a violation of Section 326.5
of the Penal Code or of this Chapter.
Section 2. Severabilit
If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance, or the application
thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance or ,its
application to the remaininq portions of this ordinance or its
application to other persons cr places. The City Council hereby
declares that it would have adopted this ordinance, and each
section,subsection, subdivisions, sentences, clauses, phrases,
or portions, or the application thereof to any person or place,
to be declared invalid or unconstitutional.
FIRST READ at a regular meeting of the City Council of said
City held on the 1st day of November 1977, and finally
adopted and ordered published at a regular meeting of said Council
held on the 15th day of November 1977.
AYES: COU?dCILMErd: BYORK, GREEN, HIGGINS, MORRIS, ROWE.
NOES: COUNCILMEN: NONE.
ABSENT: COUNCILMEN: NONE.
yor of the ity of Lynwood
ATTEST:
;;CITY'CLERK OF THE CITY OF LYNWOOD
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STATE OF CALIFORNIA )
ss.:
COUbPI'Y OF LOS ANGELES )
I, the undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said
City, do hereby certify that the above is a true and
correct copy of Ordinance No. 1020 adopted by the City
Council of the City of Lynwood, and that same was
passed on the date and by the vote therein stated.
Dated this 22nd day of November , 1977
~~JOSE TN~ L". SH~PHER
City Clerk