HomeMy WebLinkAbout1976-09-07; City Council; 3566; Bingo Ordinance\ I
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CITY OF CARLSBAD
AGENDA BILL N0. _ __,$=-..;;61:a.-=t..z:;t ________ _ Initial:
Dept.Hc;l.~
DATE: September 7, 1976
DEPARTMENT: City Attorney
c. Atty.Vf:
C. Mgr. _ ·.,
, . ~ -, .,_ -
subject:
BINGO ORDINANCE
Statement of the Matter
The City Council at your adjourned meeting of ~uly 26, 1976,
directed the City Attorney to prepare an ord±Q~nce which
would allow bingo in the City of Carlsbad subjec~ to certain
conditions. The terms of the ordinance are based on the
San Diego .County Bingo Ordinance, with modifications as
discussed in my memorandum to the City Manager.of -J~ne 25,
1976. It also parallels the ordinance recent.ly a4optegi,by
the City of Vista.
Exhibit
Ordinance No. // 9{ •
Recommendation
If the City Council desires to allow bingo in the City of·
Carlsbad and is satisfied with the terms and conditions,
your action is· to introduce Ordinance No. /{9¥ ·. :
Council ·Action:
9-7-76 Ordinance No. 1194, amending Title 5 of the Carlsbad Municipal Code by
the addition of Chapter 5.10, permitting the game of Bingo in certain
circumstances, was introduced for a first reading.
9-21-76 Ordinance No. 1194, was given a second reading and adopted.
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ORDINANCE NO. 1194 ----
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 5 OF THE CARLSBAD MUNICIPAL CODE
'BY THE ADDITION OF CHAPTER 5.10, PERMIT-
TING THE GAME OF BINGO IN CERTAIN CIRCUM-
STANCES.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: Tnat Title 5 of the Carlsbad Municipal Code is
hereby amended by the addition of Chapter 5.10 to read as follows:
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,ll0
5.10.120
5.10.130
"Chapter 5.10
BINGO
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 Califo~nia 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:
(1) Bingo is a game of chance in which prizes are
awarded on the basis of designated numbers or symbols on a card
which conform to numbers or symbols selected at random;
(2) A nonprofit, charitable orgdni~ation is an
organization exempted from the payment of the bank and corporation
tax by Section 2370l(d) of the California Revenue and Taxation
Code and a contribution or gift ~o which would be a charitable
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l contribution under Section 170(c) (2) of the Internal Revenue Code
of 1954;
2 (3) A licensee is a nonprofit, charitable organizdtion:
to which the City Clerk has issued a license to conduct bingo games
3 pursuant to this chapter;
'(4) A minor is any person under the age of eighteen
4 (18) years.
5 5.10.030 License required. It shall be unlawful for any
person to conduct any bingo game in the City of Carlsbad unless
6 such person is a member of a nonprofit, charitable organization,
acting on behalf of such organization, and has a valid license
7 issued pursuant to this chapter.
8 5.10.040 Terni of licence. The term of a bingo license is
six (6) months and it may be renewed for successive periods of
9 six (6) months each if application therefor is made before expira-
tion of the preceding license.
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5.10.050 Application. Application for a bingo license shall
ll be made to the City Clerk on forms prescribed by the City Clerk,
and $hall be filed not less than twenty (20) days prior to the
12 proposed date of the bingo game or games. Such-application form
shall require from the applicant at least the following:
13 (1) A list of all members of the nonprofit, charitable
organization who will operate the bingo game, including full names
14 of each such member, date of birth, place of birth, physical
description and driver's license number;
15 (2) The date and place of the proposed bingo game or
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games;
(3) Proof that the organization is a nonprofit,
charitable organization as defined by this chapter.
5.10.060 License fee. The fee for a bingo license shall be
18 fifty dollars ($50.00). The fee for a renewal license shall be
ten dollars ($10.00). The appropriate fee shall accompany the sub-
19 mission of each application, is nonrefundable and shall be used
to defray the cost of the issuance of said license.
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5.10.070 Application investigation. Upon receipt of an
21 application for a license the City Clerk may send copies of such
application to any office or department which the City Clerk deems
22 essential in order to carry out a proper investigation of the
applicant.
23 _ The City Clerk and every officer and department to
which an application is referred shall investigate the truth of
-24 the matters set forth in the application, the nature of the
applicant, the membership in the organization of the persons to
25 operate the games, and may examine the premises to be used for
the bingo game. If the City Clerk is satisfied the requirements
26 of this chapter are and will be met, the application shall be
approved, and the C~ty Clerk shall issue the license.
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5.10.080 License not transferable. Each license issued
28 hereunder shall be issued to a specific person on behalf of a
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specific nonprofit, charitable organization to conduct bingo games
at a specific location and ~hall in no event be transferable from
one person to another nor from one location to another.
5.10.090 Limitations. (a} A nonprofit, charitable organi~
zation shall conduct a bingo game only on property owned or leased
by it, and used by it for an office or for the performance of the
purposes for which the organization is organized.
(b) No minors shall be allowed to participate in any
bingo game.
(c) All bingo games shall be open to the public, not just·
to the members of the nonprofit, charitable organization. ~
(d) A bingo game shall be operated and staffed only by
members of the n?nprofit, 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
a~thorized to conduct a bingo game shall operate.such game, or
participate in the promotion, supervision or any other phase of
such game.
(e) 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 •
(f) All profits derived from a bingo game shall be kept in
a special fund or account by the licensee and shall rot be com-
mingled with any other fund or account of the licensee. On or
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 •.
(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.rn.
_ 5.10.100 Inspection. The License Collector, Ltcense
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.
5.10.110 A lication denial, license sus ension or revocation
The City Clerk may deny any appll.cation for a bingo license, or
suspend or revoke a license if he finds the applicant or licensee
or any agent or representative thereof has:
(1) Knowingly made any false, misleading or fraudulent
statements of a material fact in the application or in any record
3.
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l or. report required to be filed pursuant to this chapter; ·,
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(2) Violated any of the provisions of this chapter.
If after investigation the City Clerk determines that
a bingo license should be ~uspended or revoked or an application
for such licerlse 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 provid~d 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.
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.
(1) Within fifteen (15) calendar days after the date
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, revccation or denial or other decision·
is not proper;
(2) Upon receipt of such written appeal, the City
Clerk shaJ.l 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. At such
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 shali
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 subject
of the appeal. The City council's decision shall be final.
5.10.130 Violations and penalties. (a) It is a misdemeanor
forany 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.
(b) Any person violating any of the provisions or failinq
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 ..:ine 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.
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All sanctions provided herein shall be cumulative and
not exclusive.
SECTION 2: 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
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not affect the other p1~ovisions or applications of the provisicins.
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 d1:iclared to be severable.
EFFECTIVE DATE: The ordinance shall be ef[ective thirty days
after its adoption, and the City ~lerk 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 it adoption.
INTRODUCED AND FIRST READ at a regular meeting of the ~arlsbad, . ~ •,
City Council held on the _7_th ___ day of September r 1976, and tfiereaft~
' j PASSED AND ADOPTED at a regular meeting of s~id Council held
on the 21st day cf Septem~er , 1976 by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Skotnicki.
NOES: Councilman Packard.
ABSENT: Councilwoman Casler.
ATTEST:
~~/(.~
M.~RGARET E. ADAMS, City Clerk
25 NORA K. GARDINER, Deputy City Clerk
(SEAL)
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