HomeMy WebLinkAboutORD NO 3711ORDINANCE NO. $ 1_
AN ORDINANCE AMENDTN(~ CHAPTER 5.12
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO BINGO GAMES.
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
Sections:
12.010
12.020
12.030
12.040
12.050
12.060
12.070
Definitions.
Permit - Required.
Application - Issuance - Fee.
Regulations.
Financial report required.
Revocation.
Appeal.
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
pre-printed in a manner providing for distribution of prizes.
C. "Eligible organization" means one of the following:
1. Organizations exempted from the payment of the bank
and corporation tax by Section 23701(a), 23701(b), 23701(d),
23701(e), 23701(f), 23701(g), and 23701(1) of the Revenue and
Taxation Code of the state;
Mobile home park associations;
3. Senior citizens'
requiring that the member,
years of age or older.
organizations with a membership
or the member's spouse be fifty
B. "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 cabaret 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 his
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 not to exceed the cost of
processing any such application and inspecting such business
as set forth in Section 3.70.040.
2. An additional fee of one percent of the monthly
gross receipts over five thousand dollars derived from
bingo games will be due and payable at the time the
financial report, pursuant to Section 5.12.050, is
required.
3. 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.
4. 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 his designee shall, in his
discretion, issue a permit if he 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
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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 his designee finds that the reasons
for such revocation are unrelated to this application.
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 non-
transferrable, 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 two hundred fifty
dollars in cash or kind, or both, for each separate game which is
held.
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 A 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
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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 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. 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 ten percent
of the proceeds after the deduction for prizes, or five
hundred dollars per month, whichever is less, may be used for
rental of property, overhead, including the purchase of bingo
equipment and administrative expense. Such proceeds may be
used to pay license fees. Monthly rental charges shall be no
more than ten percent above fair market rental value.
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 be
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
the 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.
person.
The permittee shall not reserve seats or space for any
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.
0. 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 hour 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 5.12.050 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 his 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 his 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 his designee, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision of
the city manager or his 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 2.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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I 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 MAR 06 ~ , by the following
vote:
^N~S~: COUNCILMEMBER DeNIONO, CARSON. ,_SMtTH, IvlcDERMOT'~, ROWLES, SULUVAN, SN. VAGGIO
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENI.' COUNCILMEMBER
Acting CITY CLERK and Ex OffiCio Clerk of the
Council of the City of VBakersfield
APPROVED MAR 0 6 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDT K. SKOUSEN
CITY ATTORNEY
By: U~~ C.~U%Ri~N ~ '
Assistant City Attorney
LCM/meg
Meq-ORD-[ \BINGO. ORD
--February 9, 1996
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 March, 1996 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3711, passed by the
Bakersfield City Council at a meeting held on the 6th day of March,
1996, and entitled:
AN ORDINANCE AMENDING CHAPTER 5.12 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO BINGO
GAMES
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield