HomeMy WebLinkAboutORD NO 3766ORDINANCE NO. 3 7 6 6
AN ORDINANCE AMENDING SECTION 5.12.020,
SUBSECTION B OF SECTION 5.12.030, SUBSECTIONS C.2
AND F OF SECTION 5.12.040 AND SUBSECTION C OF
SECTION 5.12.050 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO BINGO GAMES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 5.12.020 of the Bakersfield Municipal Code is hereby amended to read as
follows:
5.12.020 Permit-- Required.
It is unlawful for any person to operate or participate in the operation of a bingo
game within the city in violation of this chapter or without having a valid permit therefor in
accordance with the provisions of this chapter.
SECTION 2.
Subsection B of Section 5.12.030 of the Bakersfield Municipal Code are hereby
amended to read as follows:
5.12.030 Application -- Issuance -- Fee.
B. The application shall be submitted with the following:
1. Payment of a fee for processing any such application and for law enforcement
and public safety costs directly related to bingo activities as set forth in Section 3.70.040.
2. A Certificate of Determination of Exemption under one of the Revenue and
Taxation Code Sections listed in subsection C.1 of Section 5.12.010 or a letter of good
standing from the Exemption Division of the California Franchise Tax Board showing the
required exempted status; in the case of an applicant mobile home park association, the
applicant shall submit a statement that the members thereof are residents of a duly
permitted mobile home park located within the city; in the case of an applicant senior
citizens' organization, the applicant shall submit a statement specifying the qualifications
for membership in such organization. Mobile home park associations and senior citizens'
organizations are not required to be exempted from the bank and corporation tax.
3. A statement signed by the presiding officer of the applicant that no director,
officer or salaried or paid employee of the applicant is a director, officer or salaried or paid
employee of an organization or association permitted to conduct bingo games under the
provisions of this chapter.
SECTION 3.
Subsections C.2 and F of Section 5.12.040 of the Bakersfield Municipal Code are
hereby amended to read as follows:
5.12.040 Regulations.
C. Except as provided in subsection D of this section, no permittee with gross
monthly receipts from bingo games, including pull-tabs, exceeding five thousand dollars
shall:
2. Give away any door prizes, raffle, food, bingo cards, pull-tabs, trips, services,
merchandise or any cash prize or promotion of any kind except such prizes as are
authorized by subsection B of this section.
F. With respect to organizations other than those exempt from payment of the bank
and corporation tax by Section 23701 (d) of the Revenue and Taxation Code, all proceeds
derived from a bingo game shall be kept in a special fund or account and shall not be
cornmingled with any other fund or account. Such proceeds shall be used only for
charitable purposes, except as follows:
1. Such proceeds may be used for prizes;
2. A portion of such proceeds not to exceed twenty percent of the proceeds before
the deduction for prizes, or two thousand dollars per month, whichever is less, may be
used for rental of property and for overhead, including the purchase of bingo equipment,
administrative expenses, security equipment and security personnel. Such proceeds may
be used to pay license fees. Monthly rental charges shall be no more than ten percent
above fair market rental value;
3. The proceeds may be used to pay license fees as set forth in Section 5.12.050.
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SECTION 4.
Subsection C of Section 5.12.050 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.12.050 Financial report required.
C. Each permittee shall1 not later than the fifteenth calendar day of each month, file
with the city treasurer a monthly income and expense report on its bingo game operations.
The form of such report, identifying all required information, shall be provided by the city.
Reports shall demonstrate compliance with the provisions of subsection D of Section
5.12.040 if an exemption from subsection C of that section is claimed for the month such
report is filed.
SECTION 5.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on I~t~Y 7 1997
by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMbER ~
ABSTAIN: COUNCILMEMBER
N~SENT: COUNCILMEMBER ~
CITY CLERK and EX OFFICI(~/Of the
Council of the City of Bakersfield
APPROVED: MAY '- ? 1997
BOB PRI~E,~IAYOR ~
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
JUDY K. SKOUSEN
CITYATTORNEY
· MARINO
Assistant City Attorney
City of Bakersfield
LCM\bsb
S:~COUNCIL~ORD~BINGO2.ORD
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of May, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3766, passed by the Bakersfield City
Council at a meeting held on the 7th day of May, 1997, and entitled:
Ordinance amending Section 5.12.020, Subsection
B of Section 5.12.030, Subsections C.2 and F
of Section 5.12.040 and Subsection C of Section
5.12.050 of the Bakersfield Municipal Code
relating to Bingo Games.
Is/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT~ City Clerk