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HomeMy WebLinkAbout1983-03-15; City Council; 7327; Conforming Municipal Code re: bingo gameCITY OF CARLSBAD — AGENDA JILL AB* 73 D 7 MTG 3/15/83 DEPT. CA T1TLE: CONFORMING CODE WITH REGARDING RECOMMENDED ACTION: Introduce Ordinance No. THE CARLSBAD MUNICIPAL CHANGES IN STATE LAW BINGO GAMES (f O (off DEPT. HD. filTY ATTY K^^" fllTY MGR. *2*~- ITEM EXPLANATION QLU O CC Q_ Q. O§ oz i In order to conform with recent changes in state law, Title 1 and Title 5 of the Carlsbad Municipal Code have been amended. Primarily, these amendments allow for security personnel to be employed by organizations engaging in bingo games. EXHIBITS Ordinance No. {g & £, f CO 1 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO.6068 f*ll 14 Sg£g isW *: —J-••-is•— >• 1C2 "! 8 d IDUl Z CN <o «= - S •II I 17 18 19 20 21 22 23 24 25 26 27 28 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 for 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. (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 nonprofit, charitable organization which organized it and obtained the license. Such members shall be limited to o o> _vt 2 K| i*» o 0~u. SJ I M '" 5 55 Si^< Z O w >F c O 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. (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) With respect to organizations exempted from 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: (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. On or before the fifteenth of each month the licensee 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. (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 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 eight a.m. 2. 1 2 3 4 5 6 7 8 9 10 11 o 12 .1 1 13 §"& = ! 14 z I 8 o 16ill Z w ^ fcu 17 18 19 20 21 22 25 24 25 26 27 28 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 March , 19 83 / and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 5th day of April , 19 83 by the following vote, to wit: AYES: Council Members easier, Lewis, Kulchin, Chick and Prescott NOES: ABSENT: MARY H. 9ASLER, Mayor ATTEST : , /^In^t ALETHA L. RAUTENKRANZ, City Clerik (Seal) 3.