Loading...
HomeMy WebLinkAbout1976-09-21; City Council; 1194; CMC 5.10 adds - BingoC I ,. I I I 1: 2c 21 22 23 24 25 26 27 28 1194 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 5.10, PERMIT- TING THE GAVE OF BINGO IN CERTAIN CIRCUM- STANCES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 5 of the Carlsbad Municipal Code is hereby amended by the addition of Chapter 5.10 to read as follows: "Chapter 5.10 BINGO Sections: 5.10.010 5.10.020 5.10.030 5.10.040 5.10.050 5.10.060 5.10.070 5.10.080 5.10.090 5.10.100 5.10.110 5.10.120 5.10.130 Bingo authorized. Definitions. License required. Term of license. Application. License fee. Application investigation. License not transferable. Limitations. Inspection. Application denial, license suspension or revocation. Appeal procedure. Violations and penalties. 5.10.010 Bingo authorized. This chapter is adopted pursuant to Section 19 of Article IV of the California Constitution and Section 326.5 of the California Penal Code in order to make the game of bingo lawful under the terms and conditions in the follow- ing sections of this chapter. 5.10.020 Definitions. Whenever in this chapter the follow- ing terms are used they shall have the meanings respectively ascribed to them in this section: awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random; organization exempted from the payment of the bank and corporation tax by Section 23701(d) of the California Revenue and Taxation Code and a contribution or gift to which would be a charitable (1) Bingo is a game of chance in which prizes are (2) A nonprofit, charitable organization is an 1 2 3 4 5 6 7 8 9 10 11 12 D 19 2c 21 22 22 24 25 2E 27 2€ Zontribution under Section 170(c)(2) of the Internal Revenue Code )f 1954; (3) A licensee is a nonprofit, charitable organizatio~ ;o which the City Clerk has issued a license to conduct bingo games iursuant to this chapter; (18) years. (4) A minor is any person under the age of eighteen 5.10.030 License required. It shall be unlawful for any ierson to conduct any bingo game in the City of Carlsbad unless such person is a member of a nonprofit, charitable organization, icting on behalf of such organization, and has a valid license issued pursuant to this chapter. 5.10.040 Term of licence. The term of a bingo license is six (6) months and it may be renewed for successive periods of six (6) months each if application therefor is made before expira- ;ion of the preceding license. 5.10.050 Application. Application for a bingo license shall le made to the City Clerk on forms prescribed by the City Clerk, 9nd shall be filed not less than twenty (20) days prior to the ?reposed date of the bingo game or games. Such application form shall require from the applicant at least the following: xganization who will operate the bingo game, including full names 3f each such member, date of birth, place of birth, physical 3escription and driver's license number: james; zharitable organization as defined by this chapter. 5.10.060 License fee. The fee for a bingo license shall be fifty dollars ($50.00). The fee for a renewal license shall be * ten dollars ($10.00). The appropriate fee shall accompany the sub- nission of each application, is nonrefundable and shall be used to defray the cost of the issuance of said license. 5.10.070 Application investigation. Upon receipt of an application for a license the City Clerk may send copies of such application to any office or department which the City Clerk deems essential in order to carry out a proper investigation of the applicant. The City Clerk and every officer and department to which an application is referred shall investigate the truth of the matters set forth in the application, the nature of the applicant, the membership in the organization of the persons to operate the games, and may examine the premises to be used for the bingo game. of this chapter are and will be met, the application shall be approved, and the City Clerk shall issue the license. (1) A list of all members of the nonprofit, charitable (2) The date and place of the proposed bingo game or (3) Proof that the organization is a nonprofit, If the City Clerk is satisfied the requirements 5.10.080 License not transferable. Each license issued hereunder shall be issued to a specific person on behalf of a 2. 1 2 21 22 23 24 25 specific nonprofit, charitable organization to conduct bingo games at a specific location and shall in no event be transferable from one person to another nor from one location to another. 26 27 28 5.10.090 Limitations. (a) A nonprofit, charitable organi- zation shall conduct a bingo game only on property by it, and used by it for an office or for the performance of the purposes for which the organization is organized. bingo game. to the members of the nonprofit, charitable organization. members of the nonprofit, charitable organization which organized it and obtained the license. Such members shall be limited to those set forth in the most recent application for a license or renewal as approved by the City Clerk, and 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 game. (e 1 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 game shall be kept in a special fund or account by the licensee and shall mt be com- mingled with any other fund or account of the licensee. before the fifteenth day of each month the licensee shall file with the City Clerk a full and complete financial statement on a form to be provided by the City Clerk of all monies collected, disbursed and the amount remaining for charitable purposes as a result of all bingo games conducted by it during the preceding month. (9) 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 1($250) in cash or kind, or both, for each separate game which is owned or leased (b) No minors shall be allowed to participate in any (C) All bingo games shall be open to the public, not just (dl A bingo game shall be operated and staffed only by (f) On or No person shall be allowed to participate in a bingo held. (i) No bingo game shall be conducted between the hours of midnight and 8:OO a.m. 5.10.100 Inspection. The License Collector, License Inspector and any peace officer of the City shall have free access to the premises in which any bingo game, licensed under this chapter,is conducted. The licensee shall have the bingo license and list of approved staff available for inspection at all times during any bingo game. The City Clerk may deny any 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: statements of a material fact in the application or in any record 5.10.110 Application denial, license suspension or revocatioi (1) Knowingly made any false, misleading or fraudulent 3. . 1 - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 5.10.120 Appeal procedure. Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section. of any suspension, revocation or denial or other decision of the City Clerk, an aggrieved party may appeal such action by filing with the City Clerk a written appeal briefly setting forth the reasons why such suspension, revocation or denial or other decision is not proper; (2) Upon receipt of such written appeal, the City Clerk shall set the matter for hearing before the City Council within thirty (30) days. At least ten (10) calendar days prior to the date of the hearing on the appeal the Clerk shall notify the appellant of the date and place of the hearing. hearing the City Clerk and the appellant may present evidence relevant to the suspension, revocation or denial or other decision of the Clerk. 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: (3) At the conclusion of the hearing, the City Council may uphold the suspension, revocation or denial or other decision of the City Clerk, or the City Council may reinstate that which has been suspended or revoked, or allow that which has been denied, or modify or reverse any other Clerk's decision which is the subjecl of the appeal. The City Council's decision shall be final. (1) Within fifteen (15) calendar days after the date At such 5.10.130 Violations and penalties. (a) It is a misdemeanor Eorany person to receive a profit, wage or salary from any bingo game authorized by this chapter. A violation of this subsection 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 of Carlsbad. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, other than subsection (a) hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable 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. (b 1 or report required to be filed pursuant to this chapter; 8 (2) Violated any of the provisions of this chapter. If after investigation the City Clerk determines that a bingo license should be suspended or revoked or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of the 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 City Clerk, or who has had a bingo license suspended or revoked by the City Clerk, may appeal the Clerk's decision in the manner provided in this chapter. 4. 1 2 3 4 5 6 7 e 9 1c 11 - 18 o 19 20 21 22 23 24 25 26 27 28 All sanctions provided herein shall be cumulative and lot exclusive. SECTION 2: SEVERABILITY. If any provision, clause, sentence, ir paragraph of this ordinance or the application thereof to any >erson or circumstances shall be held invalid, such invalidity shall lot affect the other provisions or applications of the provisions if this ordinance which can be given effect without the invalid xovision or application, and to this end the provisions of this xdinance are hereby declared to be severable. EFFECTIVE DATE: The ordinance shall be effective thirty days ifter its adoption, and the City Clerk shall certify to the idoption of this ordinance and cause it to be published at least mce in the Carlsbad Journal within fifteen days after it adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbac :ity Council held on the 7th day of September, 1976, and thereaftc PASSED AND ADOPTED at a regular meeting of said Council held In the 21st day of September , 1976 by the following vote, to wit: AYES : Counci NOES : Counc ABSENT : Counci ITTEST : men Frazee, Lewis, Skotnicki. lman Packard. woman Cas1 er. L I&) 4ARGARET E. ADAMS, City Clerk % I&) 4ARGARET E. ADAMS, City Clerk \ORA K. GARDINER, Deput.y City Clerk (SEAL) 5.