HomeMy WebLinkAboutORD NO 4805ORDINANCE NO. 4805
AN ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING CHAPTER 5.12 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO BINGO GAMES, AND
ENACTING CHAPTER 5.13 RELATING TO REMOTE CALLER
BINGO
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.12 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 5.12 BINGO GAMES
5.12.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the words set out in this section shall have the following
meanings:
A. "Applicant" means an association or organization applying for a
permit to conduct bingo games.
B. "Bingo" means a game of chance in which prizes are awarded on
the basis of designated numbers or symbols on a card which conform to
numbers or symbols selected at random. Bingo includes cards having numbers
or symbols which are concealed and preprinted in a manner providing for
distribution of prizes.
C. "Eligible organization" means one of the following:
1. Organization exempted from the payment of bank and corporation
taxes by Sections 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g, 23701 k,
237011, and 23701w of the California Revenue and Taxation Code as those
sections are amended from time to time;
2. Mobile home park associations;
3. Senior citizens' organizations with a membership requiring that the
member, or the member's spouse be fifty years of age or older; or
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4. Charitable organizations affiliated with a school district.
D. "Person" means any individual, partnership, corporation or
association of any nature whatsoever.
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.
5.12.030 Application— Issuance —Fee.
A. Applications for annual permits under this section shall be made on
forms to be furnished by the city manager or designee, shall be submitted no
less than thirty days prior to commencement of any game, shall be signed under
penalty of perjury by the two officers of the applicant, including the presiding
officer, and shall require the following information:
1. The name of the applicant and a statement that applicant is an
eligible organization pursuant to subsection C of Section 5.12.010 of this chapter;
2. The names and telephone numbers of two officers of the applicant,
including the presiding officer;
3. The street address of the particular property within the city owned
or leased by the applicant used by such applicant for an office or for
performance of the purposes for which the applicant is organized, on which
property bingo games will be conducted;
4. The proposed day of the week and hours of operation of the bingo
games;
5. The business tax certificate number of the business;
6. Prior permits held by the applicant in the past three years and
whether such permits were ever revoked or suspended, and the reasons
therefor.
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.
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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.
C. The city manager or designee shall, in his or her discretion, issue a
permit if he or she finds:
1. That the applicant has actively engaged in the activities described
in its articles of incorporation or bylaws within the city for a period of not less
than six months immediately preceding the date of its application.
2. That the applicant is an eligible organization.
3. That the application is complete and truthful;
4. 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.
5. The building and the business for which the application is made will
be maintained and conducted in accordance with all laws of the city and the
state, including, but not limited to health, structural soundness, fire safety and
zoning.
6. That a valid business tax certificate or appropriate Certificate of
Exemption, or other certification as set forth in subsection B.2 of this section has
been issued for the applicant.
7. That a permit issued under this section to this applicant has not, in
the past three years, been revoked, unless the city manager or designee finds
that the reasons for such revocation are unrelated to this application. o�eAKF9
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8. That no more than thirty permits to conduct bingo games will be in
force and effect at any one time. Permits shall be granted in order of
application.
D. Such permit may be issued with conditions to ensure the operation
of the bingo games in a lawful and peaceful manner.
5.12.040 Regulations.
A. Any permit issued pursuant to this chapter shall be nontransferable,
and shall be valid only as to the applicant and location provided on the
application for such permit.
B. The total value of prizes awarded during the conduct of any bingo
games shall not in any event exceed five hundred dollars in cash or kind, or
both, for each separate game which is held. This prize limit does not apply to
prizes awarded during the conduct of any remote caller bingo game as
authorized in Chapter 5.13.
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:
1. Conduct more than twenty -five games of bingo during that one
period per week during which the permittee is authorized to conduct such
games; or
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.
D. The provisions of subsection C of this section shall not apply to any
permittee which, during the preceding two -month reporting period, used or
contributed at least ten percent of its gross receipts from bingo games,
including pull -tabs, for charitable purposes not related to the conduct of bingo
games, provided such permittee files the report required by Section 5.12.050.
E. With respect to organizations exempt from payment of the 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.
F. With respect to organizations other than those exempt from
payment of the bank and corporation tax by Section 23701 d of the Revenue
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and Taxation Code, 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. 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.
G. No individual, corporation, partnership or other legal entity except
the permittee shall hold a financial interest in the conduct of a bingo game.
H. A bingo game shall be operated and staffed only by members of
the permittee organization. Such members shall not receive a profit, wage or
salary from any bingo game. Only the permittee shall operate such game, or
participate in the promotion, supervision or any other phase of such game.
I. All bingo games shall be open to the public, not just to members of
the permittee organization.
J. Attendance at any bingo game shall be limited to the occupancy
capacity of the room in which such game is conducted as determined by the
fire department and building department of the city in accordance with
applicable laws and regulations.
K. The permittee shall not reserve seats or space for any person.
L. Games shall be conducted only on property owned or leased by
the permittee, which property is used by such organization for an office or for
performance of the purposes for which the organization is organized. In the
event the described property ceases to be used as an office and as a place for
performance of the purposes for which the permittee is organized, the permit
shall be invalid. Nothing in this chapter shall be construed, however, to require
that the property owned or leased by the permittee be used or leased
exclusively by such organization.
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M. No person under the age of eighteen years of age shall be allowed
to participate in any bingo game.
N. No person who is obviously intoxicated shall be allowed to
participate in any bingo game.
O. No permittee shall conduct bingo games more than six hours of any
twenty -four hour period, nor more than once per week; any permittee having
the same staff or same officers as another permittee shall be subject to a single
game per week. Further, no location, including a single building or a series of
contiguous rooms or buildings, shall be utilized to conduct bingo games more
than six hours out of any twenty -four hours period. No bingo game shall be
conducted before ten a.m. nor after two a.m. of any day. The day upon which
the permittee shall be authorized to conduct bingo games shall be stated on
the license.
P. No person shall be allowed to participate in a bingo game unless
the person is physically present at the time and place in which the bingo game
is being conducted.
Q. Permits shall be valid for one year from the date of issuance only.
5.12.050 Financial report required.
A. Each permittee shall keep a complete and accurate written record
in connection with its operation, conduct, promotion, supervision and any other
phase of bingo games.
B. City officers and employees shall be given access to and shall have
the right to examine and audit original records of each permittee pertaining to
bingo, and shall be furnished copies thereof during regular business hours.
C. Each permittee shall, 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.
5.12.060 Revocation.
Any permit issued pursuant to this chapter shall be immediately revoked
by the city manager or designee whenever he finds:
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A. That misrepresentations were made on the application; or
B. That any of the terms or conditions of said permit have been
violated, or that the bingo games have been operated in violation of state or
federal law, or the provisions of this chapter.
5.12.070 Appeal.
A. Should any applicant be dissatisfied with the decision of the city
manager or designee not to grant a permit or for the revocation of a permit,
then said applicant may, no later than ten days after notice of such decision is
deposited in the United States mail, addressed to the applicant or permittee at
the address provided on the application, make written objection to the city
council setting forth the grounds for dissatisfaction, whereupon the council shall
hear said objections at a regular meeting no later than three weeks following
the filing of the objection with the city clerk. The applicant shall be given written
notice no less than three days prior to said hearing. The council may, upon said
hearing, sustain, suspend or overrule the decision of the city manager or
designee, which decision shall be final and conclusive.
B. Pending the hearing before the council, the decision of the city
manager or designee shall remain in full force and effect and any reversal
thereof by the city council shall not be retroactive but shall take effect as of the
date of the council's decision.
SECTION 3.
Chapter 5.13 of the Bakersfield Municipal Code is hereby enacted to read
as follows:
Chapter 5.13 REMOTE CALLER BINGO
5.13.010 Legislative authority.
This chapter is adopted pursuant to Section 19 of Article IV of the
California Constitution, as implemented by Sections 326.3 and 326.4 of the Penal
Code.
5.13.020 Remote caller bingo authorized.
Notwithstanding any provision of Chapter 5.12, remote caller bingo, as
defined in Section 326.3(u) (1) of the Penal Code, may be lawfully played in the
city pursuant to the provisions of Sections 326.3 and 326.4 of the Penal Code
and this chapter, but not otherwise.
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5.13.030 Qualified applicants.
A. An organization eligible to receive a bingo permit issued pursuant to
Chapter 5.12 of this code may request authorization to conduct remote caller
bingo games provided:
1. The organization possesses a valid bingo permit issued pursuant to
Chapter 5.12 of this code;
2. The organization has been incorporated or in existence for three
years or more;
3. The receipts of the remote caller games are used only for charitable
purposes. The organization conducting the game shall determine the
disbursement of the net receipts of the game; and
4. The operation of bingo may not be the primary purpose for which
the organization is formed.
B. The request for authorization shall be in a form prescribed by the
city manager, or designee, and shall be submitted at the same time as an
application for a bingo permit pursuant to Chapter 5.12. The request for
authorization shall be accompanied by a filing fee in an amount determined by
resolution of the City Council from time to time, for processing and law
enforcement and public safety costs directly related to remote caller bingo
activities as set forth in section 3.70.040. The request shall also be accompanied
by any information reasonably necessary to permit the city manager, or
designee, to determine that the proposed remote caller bingo operation and
games will be conducted in compliance with this chapter and all applicable
state laws and regulations.
C. Notwithstanding anything to the contrary in subsection B, any
organization possessing a valid bingo permit issued pursuant to Chapter 5.12 of
this code may submit a request for authorization to conduct remote caller bingo
games at any time. However, each such request shall be accompanied by a
filing fee in an amount determined by resolution of the City Council from time to
time, for processing and law enforcement and public safety costs directly
related to remote caller bingo activities as set forth in section 3.70.040. The
request shall also be accompanied by any information reasonably necessary to
permit the city manager, or designee, to determine that the proposed remote
caller bingo operation and games will be conducted in compliance with this
chapter and all applicable laws and regulations.
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5.13.040 Application for authorization.
A request for authorization to conduct remote caller bingo shall not be
granted until the city manager, or designee, has verified the facts stated in the
application and determined that the applicant is qualified. In the event the city
manager, or designee, grants the requested authorization, he or she shall
document the action and it shall be incorporated into or attached to the bingo
permit issued pursuant to Chapter 5.12 of this code.
5.13.050 Annual authorization.
A remote bingo authorization granted pursuant to this chapter shall be
valid until the expiration of the bingo permit approved pursuant to Chapter 5.12
of this code. A request for authorization shall be made each year with the
application for a bingo permit under Chapter 5.12. The grant of a prior request
shall not create a vested right to the permittee to continue to offer remote caller
bingo. The city council reserves the right to amend or repeal this chapter at any
time. If this chapter is repealed, all authorizations granted pursuant to this
chapter shall terminate on the effective date of the ordinance that repeals this
chapter.
5.13.060 Permit conditions.
A. Any authorization granted pursuant to this chapter shall be subject
to the conditions contained in Sections 326.3 and 326.4 of the Penal Code, and
each permittee shall comply with all applicable state and local laws and
regulations.
B. Each authorization granted pursuant to this chapter shall be subject
to the following conditions:
1. Remote caller bingo games shall not be conducted by any
permittee on more than two days during any week, except that a permittee
may hold one additional game, at its election, during each calendar quarter.
2. The permittee shall maintain a valid bingo permit issued pursuant to
Chapter 5.12 of this code.
3. The permittee granted authorization shall be responsible for
ensuring that the conditions of this chapter and sections 326.3 and 326.4 of the
Penal Code are complied with by the organization and its officers and
members.
C. A violation of any permit condition or provision hereof shall
constitute a cause for the revocation of the organization's authorization
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hereunder. Any revocation shall be conducted pursuant to sections 5.12.060
and 5.12.070.
SECTION 4.
If any section, subsection, sentence, clause, phrase, or word of this
Ordinance is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, clauses, phrases, or portions be declared invalid and
unconstitutional.
SECTION 5.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAY 0 6 1015 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYES: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
NOES: COUNCILMEMBER NOS.
ABSTAIN: COUNCILMEMBER IVQY1&_
ABSENT: COUNCILMEMBER Noella-
ROBERTA GAFFORD, C
CITY CLERK and EX OFFICIO CLERK of the
Council of the City of Bakersfield
APPROVED: MAY 0 6 115 _ O
VEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
y.
OSHUA H. RUDNICK
Deputy City Attorney
JHR:Isc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 8th day of May, 2015 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4805, passed by the
Bakersfield City Council at a meeting held on the 6th day of May, 2015 and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING
CHAPTER 5.12 OF THE BAKERSFIELD MUNICIPAL CODE RELATING
TO BINGO GAMES, AND ENACTING CHAPTER 5.13 RELATING TO
REMOTE CALLER BINGO.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: loma U24
DEPOTY Citf Clerk
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