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HomeMy WebLinkAboutOrd 57-87 Bingo GamesORDINANCE NO. 57 -87 AN ORDINANCE' OF THE CITY OF DUBLIN RELATING TO BINGO GAMES The City Council of the City of Dublin does ordain as follows: ARTICLE 1. DEFINITIONS Section 1: DEFINITION OF "BINGO". As used in this ordinance, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers of symbols on a card which conforms to numbers of symbols selected at random. Notwithstandng Section 330c of the Penal Code, the game of bingo shall include cards having numbers of symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of ~the bingo game. All such preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." Section 2: BINGO PROHIBITION. No person shall operate a bingo game in the City of Dublin except in conformance with state law, this chapter, and any other applicable City laws. Section 3: ORGANIZATIONS ELIGIBLE FOR LICENSE. Organizations which are exempted from the payment of bank and corporation taxes by Sections 23701a, 23701b, 23701d, 23071e, 23701f, 23701g, and 23701(1) of the Revenue and Taxation Code, mobile home park associations and senior citizens organizations are eligible to apply for a license to conduct bingo games in the City of Dublin under the provisions of Section 326.5 of the Penal Code, and the provisions of this ordinance, provided, that the proceeds of such bingo games are used only for charitable purposes. Section 4: APPLICATION FOR LICENSE. For' purposes of this ordinance, the license issuing authority shall be the City Manager or his designee. An eligible organization desiring to obtain a license to conduct bingo games shall file an application in writing therefor with the City Manager in a form to be provided by the City Manager. The license issued shall be for a term of one (1) year from the date of issuance and may be renewed thereafter on an annual basis by payment in advance of the annual license fee. Section 5: APPLICANT MUST BE QUALIFIED. No license shall be issued to any organization unless the applicant is an eligible organization under the terms of Section 3 and such organization's application conforms to the requirements, terms and conditions of this ordinance. Section 6: CONTENTS OF APPLICATION. An application for a license shall contain the following: (a) The name of the applicant organization and a statement that the applicant is an eligible organization under the provisions of Section 3. (b) The names and addresses of at least two (2) officers, including the presiding officer of the organization and the name and signature of the member of the organization who will be primarily responsible for conducting bingo games. (c) A description of the location of the property owned or leased by the applicant on or in which bingo games will be conducted, together with the rated occupancy capacity of such property. (d) The proposed days of the week and hours of the day for the conduct of bingo games. (e) A statement that the applicant agrees to conduct bingo games in accordance with the provisions of Section 326.5 of the Penal Code, this ordinance, and the same as they may be amended from time to time. (f) The application shall be executed by the presiding officer of the organization under penalty of perjury. Section 7: LICENSE FEE. The license fee s~all be as fixed by the City Council by resolution and shall accompany the application of an eligible organization. The provisions of this chapter and the imposition of license fees are for regulatory purposes exclusively and not for the production of revenue. Section 8: CERTIFICATE OF EXEMPTION. Eligible organizations exempted from the payment of bank and corporation taxes~by the provisions of Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g and 23701(1) of the Revenue and Taxation Code shall submit with the application a certificate of determination of exemption under the provisions of Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board of the State of California showing such exemption. Mobile home park associations and senior citizens organizations shall submit a copy of their corporate bylaws along with their application. Section 9: INVESTIGATION OF APPLICATION ORGANIZATION. Upon receipt of the complete application and fee the City Manager may refer the application to the Police Department for investigation and shall otherwise make, or cause to be made, such investigation as will enable the City Manager to determine whether the application qualifies for a license under the provisions of this chapter. For the sole and exclusive purpose of making any determination pursuant to Section ll(c), the City Manager or his designee is hereby authorized to have access to local summary criminal history information in accordance with section 13300(b)(10) of the Penal Code. The City Manager may require such additional information from the applicant as he deems relevant to the inquiry. Section 10: CONTENTS AND ISSUANCE OF LICENSE. If the City Manager determines that the applicant organization is eligible under the terms of state law and this chapter, a license may be issued to the applicant. The license shall contain the following: (a) The name and nature of the organization to which the license is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy capacity of the room in which bingo games are conducted. (d) The date of expiration of the license. (e) Such other reasonable conditions as may be necessary or desirable for the enforcement of the provisions of this chapter and Section 326.5 of the California Penal Code. Section 11: DENIAL OF LICENSE. The City Manager will not issue a license to the applicant organization if he finds: (a) That the organization is not eligible under the provisions of Section 326.5 of the California Penal Code or this chapter, '(b) That any statement made in the application is false, (c) That any person whose name is required to be contained in the license application has been convicted of any felony, or misdemeanor involving moral turpitude (including, but not limited to, conviction for violations of the provisions of Chapters 9 and 10 of Title 9, Part 1 of the California Penal Code), or has been convicted of any misdemeanor involving a violation of the terms of this chapter or Section 326.5 of the California Penal Code. (d) That the bingo games will be a fraud on the public or that the bingo games will be conducted for private profit. (e) That the proposed method or methods of conducting bingo games will be contrary to the provisions of this chapter. (f) That the conduct of bingo games on the premises will not be compatible with existing zoning and land uses in the neighborhood. (g) That the licensed premises do not meet the applicable requirements of Title 19, California Administrative Code (relating to State Fire Marshal Panic and Life Safety Regulations). Section 12: POSTING OF LICENSE. A copy of the license shalI be conspicuously posted at the location of the bingo game. Section 13: SUSPENSION OR REVOCATION OF LICENSE. (a) Any license issued under the terms of this chapter may be suspended or revoked by the City Manager if he determines that the activity authorized by the license has been conducted or is being conducted in violation of this chapter or state law. The City Manager ~may also suspend or revoke the license upon any grounds which would justify a denial of an application for a license in the first instance. Section 15: REAPPLICATION PERIOD. When the City Manager has denied or revoked any license as provided in this chapter and the time for appeal to the City Council has lapsed, or, if after an appeal to the City Council the decision of the City Manager has been affirmed by the Council, no applicati6n for a bingo license at the same location shall be accepted from the applicant or the former license holder for a period of one (1) year after the date of the action by the City Manager. Section 16: TRANSFERABILITY OF LICENSE. The privilege conferred by the license issued under the provisions of this chapter shall not be transferable and each license shall so provide on its face. Any attempt to transfer, assign, directly or indirectly, hypothecate or pledge as security any bingo license in violation of the provisions of this section shall be void and shall cause the automatic revocation of such bingo license. Section 17: PROFITS TO BE KEPT IN SEPARATE FUND OR ACCOUNT. (a) With respect to organizations exempt from the payment of bank and corporation tax by section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be comingled with any other fund or account. Such profits shall be used only for charitable purposes. (b) 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 comingled with any other fund or account. As used in this section "proceeds" are the receipts of bingo games conducted by organizations not within subsection (a) above. As a condition of issuance of a bingo license the applicant consents to the examination and audit of its records at reasonable times by authorized representatives~ of the City. (c) Ail proceeds shall be used for charitable purposes except as follows: (i) Such proceeds may be used for prizes. (ii) A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds after deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be used for rental of property, overhead and administrative expenses, security equipment and security personnel. (b) No license shall be revoked or suspended until a hearing has been held by the City Manager or his designated representative. Written notice of the time and place of such hearing shall be served upon the subject organization at least five (5) days prior to the date set for such hearing. The notice required pursuant to this section shall contain a brief statement of the grounds for such revocation or suspension. Notice shall be served by personal delivery or by depositing the notice in the United States mail, postage prepaid, addressed to the organization at the address listed on its application form. (c) Notwithstanding the provisions of paragraph (a) and (b) of this section to the contrary, the City Manager or his designee may without prior notice summarily suspend any bingo license for a period not to exceed five (5) days if the City Manager or his designee finds and determines that the continued operation of a bingo game licensed under the provisions of this chapter constitutes a clear, present and immediate danger to the welfare and good order of the City of Dublin and that compliance with paragraphs (a) and (b) of this section could jeopardize the public health, safety, and welfare. Section 14: APPEAL FROM DENIAL OR REVOCATION OF LICENSE - JUDICIAL REVIEW. (a) A party aggrieved by the decision of the City Manager in denying, suspending or revoking any license or application therefore may, within ten (10) days after notice of the decision of the City Manager is served upon the licensee, or applicant, appeal to the City Council by filing a written notice of appeal with the City Clerk on forms provided by the City Clerk. During the pendency of an appeal of a suspension or revocation, the license shall not remain in'effect. ~ (b) If such an appeal is not taken within ten (10) days from the date the decision of the City Manager was served upon the applicant or licensee, such decision of the City Manager shall be final and binding. If a timely appeal is filed, the City Council shall hold a hearing on the appeal and render its decision within thirty (30) days of the date of appeal. Such decision of the Council may deny, suspend or revoke the permit on any of the grounds specified in this chapter for suspension, revocation or initial denial of the application for a license. Section 18: CONDITIONS FOR OPERATION OF BINGO GAMES. Bingo games authorized by the provisions of this chapter shall be conducted in accordance with the following: (a) The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. (b) No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place at which the bingo game is being conducted. (c) No minor shall be allowed to participate in any bingo game. (d) Ail bingo games shall be open to the public, not just to members of the license-holding organization. (e) No alcoholic beverages shall be consumed, sold, given away, served or delivered to any person on the premises where bingo games are being conducted. (f) The rules for the bingo game conducted by the licensed organization shall be posted in a conspicuous place at the location of the bingo games. (g) Attendance at any bingo game shall be limited to the occupancy capacity of the room in which the game is conducted as determined by the Fire Chief in accordance with applicable laws and regulations. The licensee may not reserve seats or space for any person or persons (except reasonable space may be designated for the physically handicapped). (h) No individual, corporation, partnership, or other entity except the licensee shall hold a' financial interest in the conduct of any bingo game. (i) A bingo game shall be operated and staffed only by members of the license-holding organization. Such member shall not receive a profit, wage or salary from the bingo game. Only the licensed organization shall operate, or participate in the promotion or supervision of, any phase of the bingo game. (j) The licensee shall conduct a bingo game only on property owned or leased by it which is used for an office or for the performance of the purposes for which the organization is organized. This paragraph shall not be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. Section 19:. CITY MAY ENJOIN VIOLATION. The City of Dublin, by and through its City Attorney, may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code of the State of California or any of the provisions of this ordinance. Section 20: EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this 14th day of December , 1987, by the following vote: AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None ATTEST: City C~FK Mayor