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HomeMy WebLinkAboutORD NO 2367ORDINANCE NO. 2367 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE MUNICIPAL CODE BY REPEALING CHAPTER 7.12 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 7.12, ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION PROVIDING FOR THE CONDUCT OF BINGO GAMES IN THE CITY OF BAKERSFIELD. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That the Bakersfield Municipal Code is hereby amended by repealing Chapter 7.12 of Title 7, and substituting in lieu thereof a new Chapter 7.12, to read as follows: Sections: 7.12. 010 7.12. 020 7.12. 030 7.12. 040 7.12. 050 7.12.060 7.12.070 7.12. 080 7.12. 090 7.12. 100 7.12. 110 7.12. 120 7 12. 130 7 12. 140 7 12. 150 7 12. 160 7 12. 170 7 12. 180 7 12. 190 7 12.200 7 12.210 7 12.220 7 12.230 7.12. 240 7.12.250 Chapter 7.12 BINGO GAMES Organizations Eligible For City License to Conduct Bingo Games. Application For License. Applicant Must Be Qualified. Contents of Application. Investigation of Applicant. Contents of License. Summary Suspension of License Pending Opportunity For Hearing--Misdemeanor to Continue After Suspension-- Revocation. Revocation of License--Alternative Procedure. Appeal of Revocation to City Council. Definition of "Bingo." Maximum Amount of Prize. Profits or Proceeds to be Kept in Separate Fund or Account. Financial Interest in Licensee Only. Exclusive Operation by Licensee. Bingo Games Open to Public. Attendance Limited to Occupancy. Capacity. Bingo Games Conducted Only on Lzcensee's Property. Minors Not to Participate. Intoxicated Persons Not to Participate. Hours of Operation. Participant Must be Present. Financial Report Required. Receipt or Payment of Profit by a Person a Misdemeanor Under State Law. City May Enjoin Violation. Severability. 7.12.010 Organizations Eligible For City License to Conduct Bingo Games. The following are eligible to apply to the City of Bakersfield for a license to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code of the State of California and the provisions of this chapter: (1) Organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(1) of the Revenue and Taxation Code of the State of California; (2) Mobilehome Park Associations; and (3) Senior Citizens Organizations with a membership requiring that the member, or the member's spouse be 50 years of age or older. 7.12.020 Application For License. Eligible organizations desiring to obtain such license to conduct bingo games in the City of Bakers- field shall file an application in writing therefor in the office of the Finance Director on a form to be provided by the Finance Director. The issuing authority shall be the City Manager. The license shall be for a term of one year from the date of issuance, subject to renewal and annual fee. 7.12.030 Applicant Must Be Qualified. No license shall be issued to any organization unless such applicant is an eligible organization under Section 7.12.010 and its application conforms to the require- ment, terms and conditions of this chapter. 7.12.040 Contents of Application. Said application for a license shall contain the following: (1) The name of the applicant organization or association and a statement that applicant is an eligible organization or association under Section 7.12.010. (2) The name and signature of at least two (2) officers, includ- ing the presiding officer, of the applicant organization or associa- tion. (3) The particular property within the City of Bakersfield, including the street number, 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, together with the occupancy capacity of such place. Proposed days of week and hours of day for conduct of bingo (4) games. That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the City Manager upon violation of any of such provisions. (6) Said application shall be signed by the applicant under penalty of perjury. (7) The annual license fee, not to exceed $50, fixed by the City Council by resolution shall accompany the application. (8) The applicant shall also submit, with its application, a Certificate or Determination of Exemption under one of the Revenue and Taxation Code Sections listed in subsection (1) of Section 7.12.010 of this chapter or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento, show- ing 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 mobilehome park located within the City of Bakersfield; in the case of an applicant Senior Citizens Organization, the applicant shall submit a statement specifying the qualifications for membership in such organization. Mobilehome Park Associations and Senior Citizens Organizations are not required to be exempted from the bank and corporation tax. 7.12.050 Investigation of Applicant. Upon receipt of the completed application and the fee, the Finance Director shall refer the same to interested departmen~ of the City, including but not limited to, the City Manager, City Attorney, Police Department, Community Development Department and the Fire Department, for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property on which bingo games may lawfully be con- ducted, as to fire, occupancy, and other applicable restrictions. 7.12.060 Contents of License. Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the City Manager shall issue a license to said applicant, which shall contain the following information: (1) The name and nature of the organization to whom the license is issued. (2) The address where bingo games are authorized to be conducted. (3) The occupancy capacity of the room in which bingo games are to be conducted. (4) The date of the expiration of such license. (5) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. 7.12.070 Summary Suspension of License Pending Opportunity For Hearing--Misdemeanor to Continue After Suspension--Revocation. (a) Wbenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the provisions of this chapter, the Chief of Police shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after any sunmmry suspension thereof under subsection (a) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punish- able by a fine not exceeding $500 or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (c) The order issued under subsection (a) shall also notify the licensee that it shall have five days from the date of such order to request a hearing before the City Manager to determine whether such license shall be revoked. Failure to request, in writing, such hear- ing before the City Manager within said five-day period, shall result in a revocation of the license. (d) Upon such request by the licensee, whose license has been suspended under subsection (a), for a hearing to determine whether such license sha]l be revoked, the City Manager shall provide such hearing within ten days after receipt of such request at which hear- ing the suspended licensee may appear before the City Manager for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the suspension and revocation. (e) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. 7.12.080 Revocation of License--Alternative Procedure. (a) Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this chapter, or that the license was obtained by fraudulent representa- tion and no summary suspension is ordered, under Section 7.12.070, the license may be revoked; provided, however, the licensee may appear before the City Manager at the time fixed by the City Manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. The notice shall set forth a summary of the ground advanced as the basis of the revocation. (b) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. 7.12.090 Appeal of Revocation to City Council. (a) Any holder of a license whose license is revoked under this chapter shall have the right, within ten (10) days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty (30) days after its receipt by the City, or at a time thereafter agreed upon and shall cause the appellant to be given at least ten (10) days written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral statement, or both, in support of his appeal. on the appeal shall be final. (b) Any organization whose The determination of the City Council license is finally revoked may not again apply for a license to conduct bingo games in the City of Bakersfield for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under one of the Revenue and Taxation Code sections listed in subsection (1) of Section 7.12.010 of this chapter, such organization may again apply for a license upon proof of reinstate- ment of said exemption. 7.12.100 Definition of "Bingo." As used in this chapter "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. 7.12.110 Maximum Amount of Prize. The total value of prizes awarded during the conduct of any bingo games shall not in any event exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held; if such prize for any separate game or drawing is less than said maximum amount, the amount of any subsequent prize may not include accumulation of any difference between the prize given and the maximum of $250. 7.12.120 Profits or Proceeds to be Kept in Separate Fund or Account. (a) With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxa- tion 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 pur- poses. (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. 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 10 percent of the proceeds after the deduction for prizes, or five hundred dollars ($500) per month, whichever is less, may be used for rental of pro- perty, overhead, and administrative expenses. 7.12.130 Financial Interest in Licensee Only. No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. 7.12.140 Exclusive Operation by Licensee. A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or partici- pate in the promotion, supervision or any other phase of such game. o 7.12.150 Bingo Games Open to Public. All bingo games shall be open to the public, not just to the members of the licensee organiza- tion. 7.12.160 Attendance Limited to Occupancy Capacity. Notwithstand- ing that bingo games are open to the public, 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 Build- ing Department of the City in accordance with applicable laws and Licensee shall not reserve seats or space for any per- regulations. son. 7.12. 170 Bingo Games Conducted Only on Licensee's Property. A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. 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 licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the licensee be used or leased exclusively by such organization. 7.12.180 Minors Not to Participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. 7.12.190 Intoxicated Persons Not to Participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. 7.12.200 Hours of Operation. No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period· No bingo game shall be conducted before 10 a.m. nor after 2 a.m. of any day· 7.12.210 Participant Must be Present. No person shall be allowed to participate in a bingo game, unless the person is physically pre- sent at the time and place in which the bingo game is being conducted. 7.12.220 Financial Report Required. (a) Each licensee shall keep a complete and accurate written record in connection with its operation, conduct, promotion, super- vision and any other phase of bingo games which are authorized by this chapter. Such record shall account for all money so received and dis- bursed and shall include the following: with respect to organizations exempt from payment of the bank and corporation tax by section 23701(d) of the Revenue and Taxation Code: (1) The value in cash and/or kind, of the prize awarded in each separate bingo game played and the date thereof. (2) Total amount of expenses paid for operation, conduct, promotion and supervision of bingo games, including the total amount paid out for prizes, during every six months' period. (3) Total amount of profits derived from bingo games during the six months' period, which are disbursed from the special fund or account for charitable purposes, including the amount disbursed to the licensee organization. With respect to other licensees: (1) The value in cash and/or kind, of the prize awarded in each separate bingo game played and the date thereof. (2) Total proceeds derived from bingo games for each monthly period. (3) Total disbursements from the special fund or account for prizes for each such monthly period. (4) Total disbursements of proceeds, from the special fund or account, for rental of property, overhead and administrative expenses for each such monthly period. (5) Total disbursements of proceeds, from the special fund or account used for charitable purposes for each such monthly period. (6) Designation of the charitable purpose or purposes for which any proceeds are used, and the amount thereof, for each such monthly period. (7) Amount remaining in the special fund or account at the end of each such monthly period. (b) Each licensee licensed prior to the effective date of this ordinance shall transmit a copy of the record required by this section to the Finance Director of the City of Bakersfield six months from such effective date and every six months thereafter. A ten-day grace period following the six months' period shall be given for the filing of such report. (c) Each licensee licensed after the effective date of this ordinance shall transmit a copy of the record required by this sec- tion to the Finance Director of the City of Bakersfield six months from the date of the license granted hereunder and every six months thereafter. A ten-day grace period following such six months' period shall be given for the filing of such report. (d) The City, by and through its authorized officers or employees, or agents, shall have the right to examine and audit original records of the licensee pertaining to bingo at any reasonable time and licensee shall fully cooperate with City by making such records available. 7.12.230 Receipt or Payment of Profit by a Person a Misdemeanor Under State Law. It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive or pay a profit, wage, or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000), which fine shall be deposited in the general fund of the City of Bakersfield. A violation of any provisions of Section 326.5 of the Penal Code, other tban subdivision (b) is a misdemeanor punishable by imprisonment in the county jail not exceeding six months or by a fine not exceeding five hundred dollars, or both. 10. 7.12.240 City May Enjoin Violation. The City of Bakersfield may bring an action in a court of competent jurisdiction to enjoin a vio- lation of Section 326.5 of the Penal Code or of this chapter. 7.12.250 Severability. If any section, subsection or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection or portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional. SECTION 2. Organizations licensed by the City of Bakersfield under the Chapter 7.12 repealed by this ordinance are not required to re-apply for a license but all such organizations shall otherwise be subject to all the provisions of Chapter 7.12 as enacted by this ordinance including renewal of license. after the SECTION 3. This ordinance shall become effective thirty days from and date of its passage. .......... o0o .......... 11. 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 the 24thday of August , 1977, by the following vote: AYES: COUNCILM~N BARTON, NOES: COUNCILMfN: ABSTAINING C~NCILMEN: ~~~--' . . CITY/~ERK and~x Off~czo Clerk of the Counhil of the'~ity of Bakersfield APPROVED this 24th d~y of August , 1977 ~-~6~ ~%he e:ty of Bakersfield APPROVED as to form: ~ ~" ~ ' ~ Bakersfield Afft avt of J osttng r tnan :es STATE OF CALIFORNIA, I County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa .............................S....e.J~.~ 9~r~.~._e..~......2...~ .................................................., 19....."~."~ he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the C~uncil of said City at a meeting thereof duly held on .... ~.u. gJ4.~.~.....$.~ ...................................., 19....~.~., which ordinance was numbered 23~..? ........ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING THE MUNICIPAL CODE BY REPEALING CHAPTER 7.12 AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 7.12, ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION PROVIDING FOR THE CONDUCT OF BINGO GAMES IN THE CITY OF BAKERSFIELD. Subscribed and sworn to before me this