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HomeMy WebLinkAbout1976-09-07; City Council; 3566; Bingo Ordinance\ I l ! ~, . ,:.;_'.::~~.:,A1l,.">,: .. ·'. ·. ... 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. ~~~·~~~--<"~..,.,._,_.,. .......... ,I ;-~ ,: "\ '· ~ \ : ., ... -· ., l 2 3 4 5 6 7 8 9 10 11 0 12 <( <D (0 13 ~-8 • a: N a: <! 0) ... 0 au.'"!!; 14 00 :,z z ~ ffi :s ,Q > u. 15 m-<-' 0 -:;_'-' u:._,ct wO !z ~ 8 o· 16 ~~~~ Z O <1> 17 > I= a! <( <( ~ 0 18 0 19 20 21 22 23 24 I 25 26 27 28 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 l i l ' t ' I . l I , l ) < 1 . I ) i I l I l j l ! ' l ' I i ~ I 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. 10 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 16 > 17 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. 20 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. 27 5.10.080 License not transferable. Each license issued 28 hereunder shall be issued to a specific person on behalf of a 2. --l l I ' j I I ! , i l I I ) ! l 2 3 4 5 6 7 8 9 10 ll 0 12 <t ID co 13 '.'.I ~ • a: a: <t O> ... 0 <t 14 du.. w_ co ~i'ii 5j>:: ~~ 15 ii>-< -u3J u:' 5 >-w 16 !.;:wso ~~~~ !:~ '.'.! 17 > a: <t <t ~ 0 0 18 19 20 21 22 ·23 24 25 26 27 28 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. • l l: ' '' i 1 7 0 <t: m C) ~ 8 • a: N a: <: O> ..,u <t: Ou. w - ~o ffi~ o>->o iii!:<!!: u ::; _, u: ;. u: 5 ~w ~ci IU Z ,ct uc: -m zo Cl) > I= c! <t: <t: ~ u u l or. report required to be filed pursuant to this chapter; ·, 2 3 4 5 6 7 8 9 10 11 12 13 11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. 4. l 2 :; 4 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 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 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) 26 27 28 s. . -·-,····--·'"--"~---~t. ➔• L ,,"_#,~ ±-• !, ~~. 0 \~~~