HomeMy WebLinkAbout1978-02-07; City Council; 3566-3; Bingo Ordinance Amendments",
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CITY OF CARLSBAD
AGENDA BILL Nu.' 3566""Supplement 3 Initial:
DATE: February 7, 1978
Dept.Rei._ _ __ .
C. Atty.\Jf8
DEPARTMENT City Attorney C. Mgr.+
Subject: Bingo Ord~nance Amendments --Mobile Home Park Associations,
Senior Citizens Organizations and Veterans Organizations ·
Statement of the Matter
The City Council, at your January 3, 1978 meet~ng, directed
the City Attorney to prepare an ordinance amending
Chapter 5.10 of the Carlsbad Municipal Code to allow
Mobile Home Park Associations, Senior Citizens Orgahizations
~nd Veterans Organizations to conduct bingo games~_ Se9tio~
326.5 of the Penal Code empowers the Council to allow Mobile
Horne Park Associations and Senior Citizens Org~ni~at~oris·
as a class to conduct bingo games. There is no similar
. autho;-ization for Veterans Organizations. The seqtion. ~oes-
contain ~uthorization for organizations exempted -f~om the_
payment of bhe bank and corporation_taxes by c~rta~rl-seqtiqn~ of the Revenue arid Taxation Code. There is some ques~ion
about your ability to allow one type of organ~zatio~·withi~·
such a section to have bingo, while denying ~t to o~hers.
Nevertheless, the ordinance has been prepared 'in accor<1,af1ce
with the Council's direction. The Council should,note -the
special requirements regarding the disposition of ~ii pr~c~e4s•
from the game that apply only to the organization~ autho'riz.ed
.to play bingo by this ordinance and which are diff~rent from
those which apply to organizations such as churches.
Exhibit
Ordinance No. /,t ~ f
Recommendation
If the Council wishes to permit Mobile Hqme Park Associations,
Senior Citizens Organizations and Veterans Organizations ·to
conduct bingo games, your action is to introduce Ordinance
No. /,J,lf . _..
Council action
2-7-78 Ordinance #1208 was given a first reading, amending Title 5
of the Municipal Code to allow mobile home parks associations,
·senior Citizens organizations ano Veterans organizatiohs to
conduct Bingo Games.
2-21-78 Ordinance #1208 was given a second reading and adopted.
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ORDINANCE NO. 1208
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY.OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 5, CHAPTER 5.10, OF THE CARLSBAD
MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS
5.10.020(4) AND 5.10.090(f) TO ALLOW MOBILE
HOME PARKS ASSOCIATIONS, SENIOR CITIZENS
ORGANIZATIONS AND VETERANS ORGANIZATIONS
TO CONDUCT BINGO GAMES.
7 The City Council of the City of Carlsbad, California, does
8 ordain as follows:
9 SECTION 1: That Title 5, Chapter 5.10, Section s.10.020 of
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10 the Carlsbad Municipal Code is amended by the ai~~ndment of Sub-
ll section (4) to read as follows:
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"(4) A "nonprofit, charitable organ:i.zat~otj 11 is an orgariiz~~ ,,
tion exempted from the payment of the bank and,c9rporation-tax by
Section 2370l(d) of the Revenue and Taxation Code, Mobi1e.Home,Park; •
Associations, Senior Citizens Organizations and Veterat?,s·:Prga#za:-. ·
tions which are exer,1pted from the payment o'f ·the bank ijnct c~:rpo:r;a~
tion tax by Sections 23701 (b) , 23701 (e) , 23701 (f) , 23·101-(g} or·
23701(1) of the Revenue and Taxation Code."
SECTION 2: That Title 5, Chapter 5.10, Section· 5.10.090 of
17 the Carlsbad Municipal Code is amended by the amendment·of
18 Subsection (f} to read as follows:
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"(f) With respect to organizations exempted from.pa:.:-i,"liient _6:f
the bank and corporation tcµc by Section 2370i(d)· of the-~ev~µe:
and Taxation Code, all profits derived from the bihg9 _gam~s shall
be kept in a special fund or account and shall not be.coi:mningl~d,
with any other fund or account. Such profits shall b~-use4 qfily
for charitable purposes. With respect to other organizations.
authorized to conduct bingo games pursuant to this chapter, al.l . ,
proceeds derived from a bingo game shall be kept in-a special fµnd.;·
or account and shall not be commingled with any other fund or '· ·
account. Such ~roceeds shall be used only for charitable purp~ses,.
except as follows:
1. Such proceeds may be used for prizes. _
2. A portion of such proceeds, not to exceed 10
percent of the proceeds after deduction for
prizes, or five hundred dollars per month,
whichever is less, may be used for rental of
property, overhead, and administrative expenses.
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On or before the fifteenth day of each month, the licensee· shall
file with the City Clerk a full and complete financiai statement · ·
on a forni to be provided by t~e City Clerk of all moneys coiiected,
disbursed and the amount remaining for charitable purpos~s ~~ ,a ·
result of all bingo games conducted by it,during the preceding
month." . '
EFFECTIVE DATE: This ordinance shall be effective. thirty t '.
days after its adoption, and the City Clerk shall certify ~o tlie 0
7 adoption of this ordinance and cause it to be'pubpishe~at 1eas~
8· once in the Carlsbad .Journal within fifteen days a'fter its
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adoption.
INTRODUCED AND FIRST READ at a regular meetirig'Of .the·
Carlsbad City Council heid on the 7th
12 and thereafter
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PASSED AND ADOPTED at a regular meeting of, sai!l,·qity·Go\lpcii:I:~
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held on the 21st
vote, to wit:
AYES:
NOES:
ABSENT:
ATTEST:
day of February , 191s PY the tonowin~, · ·
Councilmen Frazee, Lewis, Packard, Skotni~id and:
Councilwoman C~~ler
None·
None
FRAZEE,
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