HomeMy WebLinkAbout1983-04-05; City Council; 6068; CMC 1.08.010(a)/5.10.090 amend - Penal code changes conformation1
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ORDINANCE NO. 6068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 1 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
CHAPTER 1.08 SECTION 1.08.010(a) AND TITLE 5
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF CHAPTER 5.10 SECTION 5.10.090 TO CONFORM WITH
RECENT CHANGES IN THE PENAL CODE.
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1. That Title 1, Chapter 1.08 of the Carlsbad
Municipal Code is amended by the amendment of Section
1.08.010(a) to read as follows:
"1.08.010(a) Designated. Whenever in Chapters 8.12,
8.16, 8.24, 8.44, and 11.28, or as specified in Sections
5.10.130 and 17.04.160 of this code any act is prohibited or is made or declared to be unlawful or an offense, or the doing of
any act is required or the failure to do any act is declared to
be unlawful or a misdemeanor, the violation of any such provision is a misdemeanor and shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment unless some other fine or penalty is stated in said chapter or
section."
SECTION 2: That Title 5, Chapter 5.10 of the Carlsbad
Municipal Code is amended by the amendment of Section 5.10.090
to read as follows:
"5.10.090 Limitations. (a) A nonprofit, charitable
organization shall conduct a bingo game only on property owned, leased or donated to the orgainzation for use by it, and used by
it €or an office or for the performance of the pruposes for which the organization is organized. Nothing in this subsection
shall be construed to require that the property owned, leased,
or donated to the organization for use by the organization be used or leased exclusively by, or donated exclusively to, such organization. No minors shall be allowed to participate in any
bingo game.
All bingo games shall be open to the public, not
just to the members of the nonprofit, charitable organization.
A bingo game shall be operated and staffed only by
members of the nonprofit, charitable organization which organized
it and obtained the license. Such members shall be limited to
(b)
(c)
'(a)
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those set forth in the most recent application for a license or
renewal as approved by the license collector, 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 games. This subdivision does not preclude
the employment of security personnel by the organization.
legal entity except the organization authorized to conduct a
bingo game shall hold a financial interest in the conduct of
such bingo game.
payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from the bingo games shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games pursuant to this chapter, all proceeds 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. Proceeds are the receipts of bingo games conducted by business organizations not within the scope of the
first sentence of this subsection. Such proceeds shall be used only for charitable purposes, except as follows:
(e) No individual, corporation, partnership, or other
(f) With respect to organizations exempted from
(1) Such proceeds may be used for prizes;
(2) A portion of such proceeds, not to exceed
twenty percent of the proceeds before deduction for prizes, or one thousand dollars per month, whichever is less, may be used
for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. (3) Such proceeds may be used to pay the license fees required by this chapter.
shall file with the license collector a full and complete financial statement on a form to be approved by the license
collector of all monies collected, disbursed and the amount
remaining for charitable purposes as a result of all bingo games conducted during the preceding month.
bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
conduct of any bingo games shall not exceed two hundred fifty dollars in cash or kind, or both, for each separate game which is held.
of midnight and eight a.m.
On or before the fifteenth of each month the licensee
(9) No person shall be allowed to participate in a
(h) The total value of prizes awarded during the
(i) No bingo game shall be conducted between the hours
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EFFECTIVE DATE: This Ordinance shall be effective
thirty days after its adoption and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 15th day of
19 - 83 , and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
day of Nril , 19 83 by Council held on the 5th
the following vote, to wit:
AYES:
NOES: None
Council Mmbers Casler, Lewis, KulChin, Chick and Prescott
ABSENT: None
m-.,s/.L-
MARY H. PSLER, Mayor
ATTEST :
( Seal )
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