HomeMy WebLinkAbout6.2 MuniCode Bingo
CITY CLERK
File # D~[II~]-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: 1.
~2.
~ 3.
4.
5.
FINANCIAL STATEMENT:
DESCRIPTION:
PUBLIC HEARING: Amendment of Dublin Municipal Code
Chapter 5.44 (Bingo)
Report Prepared by Elizabeth H Silver, Assistant City Attorney and
Stephen Muzio, Associate Attorney
1.
Draft Ordinance Amending Chapter 5.44 of the Dublin
Municipal Code Relating to Bingo.
Clean copy of draft ordinance.
Description of groups that may obtain a permit.
2.
3.
Receive Staff presentation;
Open public hearing;
Receive public testimony;
Close public hearing and deliberate;
Waive reading and INTRODUCE the Ordinance Amending
Chapter 5.44 of the Dublin Municipal Code relating to Bingo
(Attachment 1).
None.
At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high
priority the comprehensive update to certain chapters ofthe Dublin Municipal Code (DMC). One chapter
proposed for review is DMC Chapter 5.44, which permits certain non-profit organizations to conduct
bingo games in the City upon application for, and receipt of a license. State law permits cities to permit
only certain kinds of organizations to conduct bingo games. Examples of such organizations include, but
are not limited to, mobilehome park associations, senior citizens organizations, fraternal organizations,
religious and charitable groups, chambers of commerce and trusts operated exclusively for educational
purposes. Attachment 3 contains a more complete description of the kinds of organizations that may
obtain a bingo permit.
COpy TO:
StfRpt Bingo; 114.1015
Page 1 of2
ITEM NO. to. 2
(f~
The Chapter provides grounds on which the City Manager may deny an application, provisions for the
suspension and revocation of an issued license, and procedures for the appeal of any denial, suspension or
revocation. The Chapter also imposes accounting requirements as well as conditions for operation of
bingo games. These conditions include that no alcohol may be served at bingo games, minors may not
take part, and the total value of prices awarded shall not exceed two hundred and fifty dollars for each
separate game conducted.
Staff has reviewed the ordinance and recommends that: 1) references to the City Manager as administrator
ofthe provisions ofthis Chapter be revised to refer to the Chief of Police, 2) that the City Manager, rather
than the City Council, will hear appeals of permit decisions, 3) references to Revenue and Taxation Code
Section 23701(1) be corrected to read 237011, 4) the reference in section 5.44.070 to section 23701d of the
Revenue and Taxation Code be corrected to refer to 23701(c), 5)section 5.44.170.J be amended to allow
bingo games to be conducted on premises donated to eligible applicants in addition to premises owned or
leased by such applicants, which amendment is consistent with state law, 6) section 5.44.130 be amended
to refer to and be compatible with section 1.04.050 of the Dublin Municipal Code dealing with appeals, 7)
the words "city" and "state" be capitalized where necessary to ensure consistency with the rest of the
Municipal Code and 7) two minor grammatical errors be corrected.
Dublin Police Services as well as the Dublin Parks and Community Services Department have reviewed
Chapter 5.44. Their records indicate that the last bingo permit issued was in 1996, to the Dublin Irish
Band Booster Club. In the last 18 months, the Senior Center has made inquiries about obtaining a permit.
In the event that they do apply, the provisions of this Chapter would allow the Senior Center to obtain a
permit.
Dublin Police Services and the Dublin Parks and Community Services Department concur with the
recommended changes.
RECOMMENDATION
Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive
public testimony; 4) close public hearing and deliberate; 5) waive reading and INTRODUCE the
Ordinance Amending Chapter 5.44 of the Dublin Municipal Code relating to Bingo (Attachment 1).
Page 20[2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 5.44 OF THE DUBLIN MUNICIPAL CODE
RELATING TO BINGO
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 5.44 ofthe Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
5.44.010 Definitions.
As used in this chapter, "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. Notwithstanding Section 330c of the Penal Code, the game of bingo shall
include cards having numbers orf 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."
5.44.020 Limitations.
No person shall operate a bingo game in the eCity except in conformance with state law, this
chapter, and any other applicable eCity laws.
5.44.030 Organizations-Eligibility for license.
Organizations which are exempted from the payment of bank and corporation taxes by
Sections 23701a, 2370lb, 23701d, 23701e, 2370lf, 23701g, and 237011fB 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 eCity under the provisions of Section 326.5 of
the Penal Code, and the provisions of this chapter; provided, that the proceeds of such bingo
games are used only for charitable purposes.
5.44.040 License-Application.
A. For purposes of this chapter, the license issuing authority shall be the Chief of PoliceGity
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 ManagerChief of Police in a form
to be provided by the Chief of PoliceCity 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.
B. No license shall be issued to any organization unless the applicant is an eligible
organization under the terms of Section 5.44.030 and such organization's application conforms
to the requirements, terms and conditions of this chapter.
5.44.050 License-Application-Contents.
An application for a license shall contain the following: -.r.+~-#t" J. '- ~llg/ OR ~
ATTACHMENT 1
c9 ~ J3
A. The name of the applicant organization and a statement that the applicant is an eligible
organization under the provisions of Section 5.44.030;
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 chapter, 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.
5.44.060 License-Fee.
The license fee shall 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.
5.44.070 Certificate of exemption.
Eligible organizations exempted from the payment of bank and corporation taxes by the
provisions of Sections 23701a, 2370lb, 23701d, 23701e, 2370lf, 23701g and 237011fB of the
Revenue and Taxation Code shall submit with the application a certificate of determination of
exemption under the provisions of Section 23701{f}tl of the Revenue and Taxation Code, or a
letter of good standing from the Exemption Division of the Franchise Tax Board of the sState 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.
5.44.080 Investigation of application.
Upon receipt of the complete application and fee the City Manager may refer the application
to the Police DepartmentChief of Police shall for investigation and shall otherwise make,-Bf
cause to be made, _such investigation as will enable him or her 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 5.11.1 OOC, the City
Manager or his designee is 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.
5.44.090 License-Contents and issuance.
If the City ManagerChief of Police 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 ofthe 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.
6 ~ /3
5.44.100 License-Denial.
The City ManagerChief of Police will not issue a license to the applicant organization if he or
she 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;
e. 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 I 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).
5.44.110 License-Posting.
A copy of the license shall be conspicuously posted at the location of the bingo game.
5.44.120 License-Suspension or revocation.
A. Any license issued under the terms of this chapter may be suspended or revoked by the
City ManagerChief of Police if he or she determines that the activity authorized by the license
has been conducted or is being conducted in violation of this chapter or state law. The Gity
ManagerChief of Police 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.
B. No license shall be revoked or suspended until a hearing has been held by the Gity
ManagerChief of Police or his or her 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.
e. Notwithstanding the provisions of subsections A and B of this section to the contrary, the
City ManagerChief of Police 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 designeeChief of
Police 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 eCity and that compliance with subsections A and B of this section could
jeopardize the public health, safety, and welfare.
5.44.130 License-Denial or revocation-Appeal.
A. A party aggrieved by the decision of the City ManagerChief of Police in denying,
suspending or revoking any license or application therefor may., appeal the decision of the Chief
of Police concerning the denial or revocation of a permit to the City Manager pursuant to the
41/3
provisions of Section 1.04.050. 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 'Nritten
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 (119) days from the date the decision of the Gity
ManagcrChief of Police was served upon the applicant or licensee, such decision of the Gity
ManagerChief of Police shall be final and binding. If a timely appeal is filed, the City Council
Manager shall hold a hearing on the appeal and render its-his or her decision-=- within thirty (30)
days of the datc of appeal. Such decision of the Council City Manager 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.
5.44.140 License-Denial or revocation-Reapplication period.
When the City ManagerChief of Police has denied or revoked any license as provided in this
chapter and the time for appeal to the City Council Manager has lapsed, or, if after an appeal to
the City Council Manager the decision of the City ManagerChief of Police has been affirmed by
the Council City Manager, no application for a bingo license at the same location shall be
accepted from the applicant or the former license holder for~ period of one (1) year after the date
of the action by the City ManagerChief of Police.
5.44.150 License-Nontransferrable.
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.
5.44.160 Accounting of profits.
A. With respect to organizations exempt from the payment of bank and corporation tax by
section 23701(d) of the Revenue and Taxation Code, ;;t.ll profits 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.
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 commingled with any other fund or account. As used in this section, "proceeds"
means the receipts of bingo games conducted by organizations not within subsection A of this
section. 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 eCity.
e. All proceeds shall be used for charitable purposes except as follows:
1. Such proceeds .M..may be used for prizes;
2. A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds after
deduction for prizes, or one thousand dollars ($1,000) per month, whichever is less, may be used
for rental of property, overhead and administrative expenses, security equipment and security
personnel.
5.44.170 Conditions for operation.
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) in cash or kind, or both, for each separate game which is held.
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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.
e. No minor shall be allowed to participate in any bingo game.
D. All 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.
1. 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.>.......2!:
property whose use is donated to it, which is used for an office or for the performance of the
purposes for which the organization is organized. This subsection shall not be construed to
require that the property owned or leased by the organization be used or leased exclusively by
such organization.
5.44.180 City may enjoin violation.
The eCity, 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 ofthe provisions ofthis chapter.
Section 2. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 4. Posting. 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, APPROVED AND ADOPTED this _ day of
,2008.
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AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk
'1 ~f /3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 5.44 OF THE DUBLIN MUNICIPAL CODE
RELATING TO BINGO
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Chapter 5.44 of the Dublin Municipal Code is revised as follows, with
deletions indicated in strikethrough and additions indicated in underline:
5.44.010 Definitions.
As used in this chapter, "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. Notwithstanding Section 330c of the Penal Code, the game of bingo shall
include cards having numbers or 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."
5.44.020 Limitations.
No person shall operate a bingo game in the City except in conformance with state law, this
chapter, and any other applicable City laws.
5.44.030 Organizations-Eligibility for license.
Organizations which are exempted from the payment of bank and corporation taxes by
Sections 23701a, 23701b, 23701d, 23701e, 2370lf, 23701g, and 237011 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 under the provisions of Section 326.5 of
the Penal Code, and the provisions of this chapter; provided, that the proceeds of such bingo
games are used only for charitable purposes.
5.44.040 License-Application.
A. For purposes of this chapter, the license issuing authority shall be the Chief of Police. An
eligible organization desiring to obtain a license to conduct bingo games shall file an application
in writing therefor with the Chief of Police in a form to be provided by the Chief of Police. 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.
B. No license shall be issued to any organization unless the applicant is an eligible
organization under the terms of Section 5.44.030 and such organization's application conforms
to the requirements, terms and conditions of this chapter.
5.44.050 License-Application-Contents.
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 5.44.030;
ATTACHMENT 2
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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;
e. 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 chapter, 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.
5.44.060 License-Fee.
The license fee shall 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.
5.44.070 Certificate of exemption.
Eligible organizations exempted from the payment of bank and corporation taxes by the
provisions of Sections 23701a, 2370lb, 23701d, 23701e, 2370lf, 23701g and 23701/ of the
Revenue and Taxation Code shall submit with the application a certificate of determination of
exemption under the provisions of Section 23701(c) 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 oftheir corporate bylaws along with their application.
5.44.080 Investigation of application.
Upon receipt of the complete application and fee the Chief of Police shall make such
investigation as will enable him or her to determine whether the application qualifies for a
license under the provisions of this chapter.
5.44.090 License-Contents and issuance.
If the Chief of Police 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 ofthe room in which bingo games are conducted;
D. The date of expiration ofthe 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.
5.44.100 License-Denial.
The Chief of Police will not issue a license to the applicant organization ifhe or she 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;
e. 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,
(1 cr , 3
r,
conviction for violations of the provisions of Chapters 9 and 10 of Title 9, Part I 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).
5.44.110 License-Posting.
A copy of the license shall be conspicuously posted at the location of the bingo game.
5.44.120 License-Suspension or revocation.
A. Any license issued under the terms of this chapter may be suspended or revoked by the
Chief of Police if he or she determines that the activity authorized by the license has been
conducted or is being conducted in violation ofthis chapter or state law. The Chief of Police 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.
B. No license shall be revoked or suspended until a hearing has been held by the Chief of
Police or his or her 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.
e. Notwithstanding the provisions of subsections A and B of this section to the contrary, the
Chief of Police may without prior notice summarily suspend any bingo license for a period not to
exceed five (5) days if the Chief of Police 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 and that compliance with subsections
A and B of this section could jeopardize the public health, safety, and welfare.
5.44.130 License-Denial or revocation-Appeal.
A. A party aggrieved by the decision of the Chief of Police in denying, suspending or
revoking any license or application therefor may appeal the decision of the Chief of Police
concerning the denial or revocation of a permit to the City Manager pursuant to the provisions of
Section 1.04.050. 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 (14) days from the date the decision of the Chief
of Police was served upon the applicant or licensee, such decision of the Chief of Police shall be
final and binding. If a timely appeal is filed, the City Manager shall hold a hearing on the appeal
and render his or her decision. Such decision of the City Manager may deny, suspend or revoke
the permit on any of the grounds specified in this chapter for suspension, revocation or initial
denial ofthe application for a license.
5.44.140 License-Denial or revocation-Reapplication period.
I o~r 13
When the Chief of Police has denied or revoked any license as provided in this chapter and the
time for appeal to the City Manager has lapsed, or, if after an appeal to the City Manager the
decision of the Chief of Police has been affirmed by the City Manager, no application 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 Chief of Police.
5.44.150 License-Nontransferrable.
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.
5.44.160 Accounting of profits.
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 commingled 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 commingled with any other fund or account. As used in this section, "proceeds"
means the receipts of bingo games conducted by organizations not within subsection A of this
section. 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.
e. All proceeds shall be used for charitable purposes except as follows:
1. Such proceeds as may be used for prizes;
2. A portion of such proceeds, not to exceed twenty percent (20%) of the proceeds after
deduction for prizes, or one thousand dollars ($1,000) per month, whichever is less, may be used
for rental of property, overhead and administrative expenses, security equipment and security
personnel.
5.44.170 Conditions for operation.
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) 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. All 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).
I\~ 13
H. No individual, corporation, partnership, or other entity except the licensee shall hold a
financial interest in the conduct of any bingo game.
1. 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, or
property whose use is donated to it, which is used for an office or for the performance of the
purposes for which the organization is organized. This subsection shall not be construed to
require that the property owned or leased by the organization be used or leased exclusively by
such organization.
5.44.180 City may enjoin violation.
The City, 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 ofthe provisions of this chapter.
Section 2. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences,
sections, words or parts thereof of the ordinance or their applicability to other persons or
circumstances.
Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 4. Posting. 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, APPROVED AND ADOPTED this _ day of
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
~r113
ATTEST:
Carolyn Parkinson, Interim City Clerk
13~ /3
Groups That May Obtain Bingo Permits Pursuant to State Law
and Chapter 5.44 of the Dublin Municipal Code
Pursuant to state law, and as reflected in Chapter 5.44, only mobilehome park
associations, senior citizens organizations, and organizations which are exempted from
the payment of bank and corporation taxes by certain Sections ofthe State Revenue and
Taxation Code may be permitted by cities to conduct bingo games. Below is a
description of the relevant Revenue and Taxation Code sections.
Each Revenue and Taxation Code section listed has. a corresponding United States
Internal Revenue Code section. If a group claims tax-exempt status pursuant to the given
Internal Revenue Code section, it may conduct bingo games. Conversely, it is possible,
though unlikely, that a group could claim tax-exempt status pursuant to one of the listed
State Revenue and Taxation Code sections, but not under the Internal Revenue Code.
23701a-Labor, agricultural, or horticultural organizations that are described in Section
501(c)(5) of the Internal Revenue Code.
2~701b-Fraternal beneficiary societies, orders or associations operating under the lodge
system and providing for the payment of life, sick, accident or other benefits to the
members of the society, order or association that are described in Section 501(c)(8) of the
Internal Revenue Code.
23701d-Corporations, community chests or trusts, organized and operated exclusively for
religious, charitable, scientific, testing for public safety, literary, or educational purposes,
or to foster national or international amateur sports competition, or for the prevention of
cruelty to children or animals. Organizations that are described in Section 501(c)(3) of
the Internal Revenue Code are 23701d organizations.
23701e-Business leagues, chambers of commerce, real estate boards and boards of trade
that are not organized for profit and are described in Section 501(c)(6) ofthe Internal
Revenue Code.
2370lf-Civic leagues, social welfare organizations and certain local organizations of
employees not organized for profit and are operated exclusively for the promotion of
social welfare. Organizations that are described in Section 501 (c)(4) ofthe Internal
Revenue Code are 23701 f organizations.
23701g-Social organizations organized for pleasure, recreation, and other non-profit
purposes that are described in Section 501(c)(7) of the Internal Revenue Code.
237011-Domestic fraternal societies, orders or associations operating under the lodge
system and the net earnings of which are devoted exclusively to religious, charitable,
scientific, literary, educational and fraternal purposes and which do not provide for the
payment of life, sick, accident or other benefits. Organizations that are described in
Section 501(c)(10) of the Internal Revenue Code are 237011 organizations.
A TT ACHMENT 3