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