HomeMy WebLinkAbout6.6 Ordinance Regulating Bingo Games 5-6- 7 0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 23 , 1987
SUBJECT An ordinance of the City of Dublin Relating to
Bingo Games
EXHIBITS ATTACHED Draft Ordinance
Section 330(c) California Penal Code
Section 326.5 California Penal Code
RECOMMENDATIONS 1 ) Open public hearing
2 ) Receive staff presentation
3 ) Hear public testimony
4 ) Close public hearing
5 ) Deliberate
5 ) Waive reading and introduce ordinance
FINANCIAL STATEMENT: None
DESCRIPTION The City Attorney' s Office has prepared a draft
ordinance relating to "bingo" games, as part of the comprehensive
municipal code revision process. Any person desiring to operate a bingo
game, within the corporate limits of the City of Dublin, would make
application for license with the City Manager. Eligibility for license
rests with those organizations exempted from payment of bank and
corporation taxes by Section 23701a, 23701b, 23701d, 23701e, 23701f,
23701g, and 23701 ( 1) of the Revenue and Taxation Code. Also included in
this eligibility are mobile home park associations and senior citizen
organizations pursuant to section 326.5 of the California Penal Code,
providing that the proceeds of such bingo games are used only for
charitable purposes. All such eligible organizations shall submit with
the application a certificate 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 state Franchise Tax Board. Any realized
profits derived from a bingo game must be kept in a special fund or
account and shall not be comingled with any other fund or account. The
applicant, as a condition of license issuance, consents to the examination
and audit of its records, at reasonable times, by authorized city
representatives. This draft ordinance also enumerates specific conditions
with respect to the operation of the bingo games so that any one game is
consistent with all others.
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COPIES TO:
ITEM NO. 61%116
ORDINANCE NO. -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, 23701e, 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 325 . 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 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.
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.
I.
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 11 (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 shall 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.
(b) No license shall be revoked or..suspended until `a hearing
• has been held by the City Manager..-orhis 'designated
representative. Written notice of,.the .time and place of
such hearing shall be served upon -.the .-
pon -.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 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 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 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. 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. 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 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. All proceeds shall be
used for charitable purposes except as follows:
(a). Such proceeds may be used for prizes.
(b) A portion of such proceeds, not to exceed ten percent
( 10% ) of the proceeds after deduction for prizes, or
five hundred dollars ($500 .00 ) per month, whichever is
less, may be used for rental of property, overhead and
administrative expenses.
•
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) 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.
( 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 day of , 1987 , by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
§326.5. Bingo Games. arc not members of the authorized organization at denied,one-half of the application fee shall be re-
(a) Neither this chapter nor Chapter 10.(com- such bingo game by the organization conducting funded to the organization. An additional fee of
mending with Section 330) applies to any bingo the game. I percent of the monthly gross receipts over five
game which is conducted in a city,county,or city (i) No individual, corporation, partnership, or thousand dollars ($5,000) derived from bingo
and county pursuant to an ordinance .enacted other legal entity except the organization autho- games shall be collected monthly by the city,coun-
under Section 19 of Article IV of•the State Consti- ty, or city and county issuing the license.
tution,provided that such ordinance allows games rized to conduct a bingo game shall hold a [-man- i+
P g dial interest in the conduct of such bingo game. (m) No person shall be allowed to participaie
to be conducted only by organizations.exempted in a bingo game, unless the person is physicall%
from the payment of the bank and corporation tax With respect to organizations exempt from i present at the time and place in which the binge
by Sections 23701a, 237016, 23701d, 23701e, Payment of the bank and corporation tax by Sec- I game is being conducted.
23701f, 237018, and 237011 of the Revenue and tion 23701d of the Revenue and Taxation Code,
Taxation Code and by mobilehome park associa- all profits derived from a bingo game shall be kept (n) The total value of prizes.awardcd during
tions and senior citizens organizations;and provid- in a special fund or account and shall not be com the conduct of any birigo games shall not ezecec
ed that the receipts of such games are used only mingled with any other fund or account. Such two hundred fifty dollars ($250) in cash or kind.
for charitable purposes. profits shall be used only for charitable purposes. or both, for each separate game which is held.
(b) It is a misdemeanor for any person to re- (k) With respect to other organizations autho- ' (o) As used in this section "bingo" means
ceive or pay a profit, wage, or salary from any rued to conduct bingo games pursuant to this sec- game of chance in which prizes are awarded on the
bingo game authorized by Section 19 of Article IV tion,all proceeds derived from a bingo game shall basis of designated numbers or symbols on a card
of the State Constitution.Security personnel cm- be kept to a special fund or account and shall not which conform to numbers or symbols selected a•
ployed by the organization conducting the bingo be commingled with any other fund or account. random.Notwithstanding Section 330c,as used it
game may be paid from the revenues of bingo Proceeds are the receipts of bingo gamcs.conduct- I , this section,the game of bingo shall include card
games as provided in subdivisions (j) and (k). ed by organizations not':-within subdivision (j)• 1 i and having a manners which dits eale
c) A violation of subdivision b of this section Such proceeds shall be_.used only for charitable ; 1 P P P g
( ( ) purposes, except as follows: tion of prizes. The winning cards shall not be
shall be punishable by a fine not to exceed ten P Po P ., known prior to the game by any person participat
thousand dollars(S 10,000),which fine shall be de- .(1) Such proceeds may be used for prizes. ing in the playing or operation of the bingo game
posited in the general fund of the city, county, or (2) 'A portion"of such proceeds, not to exceed All such preprinted cards shall bear the legend
,city and county which enacted the ordinance au- 20 percent of the proceeds before the deduction for "for sale or use only in a bingo game authorize(
thorizin8 the bingo game.A violation of any provi- prizes, or 'one thousand dollars ($1,000) 'per : ; under California law and pursuant to local ordi
sion of this section, other than subdivision (b), is month, whichever is less, may be used for rental i nancc." It is the intention of the Legislature tha
a misdemeanor. of property, overhead, including the purchase of bingo as defined in this subdivision applies cxclu
(d) The city,county,or city and county which bingo equipment,administrative expenses,securi- i ' sively to this section and shall not be applied in th
enacted the ordinance authorizing the bingo game ty equipment, and security personnel. construction or enforcement of any other provisio:
may bring an action to enjoin a violation of.this (3) Such proceeds may be used to pay license 'of law. Leg.I-I. 1975 ch:869, operative upon ap
section. fees. proval of Assembly Constitutional Amendmen
(e) No minors shall be allowed to participate (4) A city,county,or city and county which en- ! No. 3 at primary election June 8, 1976, 1977 ch
in any bingo game. acts an ordinance permitting bingo games may ' I 271,effective July 7,1977,1979 ch.1006§1,198,
0 An organization authorized to conduct specify in such ordinance that if the monthly gross
ch. 997, 1981 ch. 804.
bingo games pursuant to subdivision(a)shall con- receipts from bingo games of an organization
duct a bingo game only on property owned or within this subdivision exceed five thousand dol-
leased by it, or property whose use is donated to lars ($5,000), a minimum percentage of the pro-
the organization, and which property is used by deeds shall be used only for charitable purposes I
such organization for an office or for performance not relating to the conducting of bingo games and
of the purposes for which the organization is orga- that the balance shall be used for prizes,rental of
nized. Nothing in this subdivision shall be con- property, overhead, administrative expenses and
strued to require that the property owned or leased payment of license fees.The amount of proceeds §330e. Punchboard Is Slot Machine.
by or whose use is donated to the organization be used for rental of property,overhead,and admin- A Punchboard as hereinafter defined is hereby
used or leased exclusively by or donated exclusive- istrative expenses.is subject to the limitations spec- declared to be a slot machine or device within the
ly to such organization. ified in paragraph (2) of this subdivision. I. meaning of Section 3306 of this code and shall be
y, y,or city and county may I Of this section provisions thereof.For the purposes
`(8) All bingo games shall be open to the public, (n (1) A city, count
not just to the members of the authorized organi- impose a license fee on each organization which , punchboard is any card,board or
nation. it authorizes to conduct bingo games. The fee, i other device which may be played or Operated o
t' g g p whether for the initial license or renewal,.shall not 1 P°ll1°g� Pressing, punching out or otherwise re-
(h) A bingo ame shall be o erated and staffed moving an slip, paper
only by members of the authorized organization exceed fifty dollars(550) annually,except as pro- I therefrom to disclose anconcealedtnumbersname
which organized it. Such members shall not re- vided in paragraph (2).•If an application for a li- , y
ceive a profit, wage, or salary from any bingo cense is denied, one-half of any license fee paid ; or symbol. disclose
1953 ch. 379.
tame. Only the organization authorized to con- shall be refunded to the organization.
duct a bingo game shall operate such game,or par- (2) In lieu of the license fee permitted under
lthpate in the promotion,supervision,or any other paragraph (1), a city,county, or city and county
Phase of such game.This subdivision does not pre- may impose a license fee of fifty dollars(550)paid
.dude the employment of security personnel who upon application..If an application for a license is
i