Loading...
HomeMy WebLinkAboutORD NO 2284ORDINANCE NO. 2284 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.12 TO TITLE 7 OF THE MUNICIPAL CODE ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY FOR BENEFIT OF CHARITABLE ORGANIZATIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 7.12 is hereby added to Title 7 of the Municipal Code of the City of Bakersfield as follows:: Chapter 7.12 BINGO GAME S Sections: 12. 010 7.12.020 7.12.030 7.12. 040 7.12.050 7.12.060 7.12. 070 12.080 12.090 12. 100 12. 110 12. 120 12. 130 12. 140 12.150 12. 160 12. 170 12. 180 12. 190 12.200 12.210 12.220 7.12.230 7.12. 240 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 Sus- pension--Revocation. Revocation Of License - Alternative Procedure. Appeal Of Revocation To City Council. Definition Of "Bingo." Maximum Amount Of Prize. Profits 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 Licensee's Property. Minors Not To Participate. Intoxicated Persons Not To Participate. Hours Of Operation. Participant Must Be Present. Receipt 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. Corporations, community chests or trusts, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or for the prevention of cruelty to children or animals, exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954, are eligible to apply to the City for a license to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code and the provi- sions of this chapter. 7.12.020 Application For License. Eligible organizations desiring to obtain such license to conduct bingo games in the City of Bakersfield 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 issued 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 requirement, 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 and a statement that applicant is an eligible organization under Section 7.12.010. (2) The name and signature of at least two (2) officers, including the presiding officer, of the corporation or community chest and the trustee of any trust. (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. (4) Proposed days of week and hours of day for conduct of bingo games. (5) 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 provi- sions. (6) Said application shall be signed by the applicant under penalty of perjury. (7) The annual license fee fixed by the City Council by reso- lution shall accompany the application. (8) The applicant shall also submit, with its application, a Certificate or Determination of Exemption Under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacra- mento, showing exemption under said Section 23701d. 7.12.050 Investigation of Applicant. Upon receipt of the completed application and the fee, the Finance Director shall refer the same to interested departments of the City, including but not limited to, the City Manager, City Attorney, Police Depart- ment, Community Development Department and the Fire Department, for investigation as to whether or not all the statements in the appli- cation 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 conducted, 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) license (2) ducted. The name and nature of the organization to whom the is issued. The address where bingo games are authorized to be con- (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) Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the pro- visions 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 summary suspension thereof under subsection (a) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable 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 hearing 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 shall be revoked, the City Manager shall provide such hearing within ten days after receipt of such request at which hearing 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 e in the United State 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 sec- tion shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the deci- sion 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 representation 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 sec- tion shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the deci- sion 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 e 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 argument, or both, in support of his appeal. The determination of the City Council on the appeal shall be final. (b) Any organization whose 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 Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement 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 exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held. 7.12.120 Profits to be Kept in Separate Fund or Account. 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. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the City by making such record avail- able. 7.12.130 corporation, shall hold a financial interest in the conduct of Financial Interest in Licensee Only. No individual, partnership, or other legal entity except the licensee such bingo game. 7.12.140 Exclusive Operation By Licensee. A bingo game shall be operated and staffed only by members of the licensee organiza- tion. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. 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 organization. 7.12.160 Attendance Limited to Occupancy Capacity. Notwith- standing 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 Building Department of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. 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 organi- zation 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 pro- perty used by it for an office or for performance of the purposes for which the organization is organized. 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. 7.12.090 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 present at the time and place in which the bingo game is being conducted. 7.12.220 Receipt 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 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. 7.12.230 City May Enjoin Violation. The City of Bakersfield may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this chapter. 7.12.240 Severability. If any section, subsection or portion of this chapter is for any reason held to be invalid or unconsit- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining por- tion 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 unconsti- tutional. SECTION 2. This ordinance shall become effective thirty days from and after the date of its passage. 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 12th day of u~B_l~, 1976, by the follow- ing vote: CITY a Clerk of the Council of the Cid/of Bakersfield APPROVED this 12__~h ~y of Jul__y, 1976 APPROVED as to form: CItY ATTORNEY of the C~of Bakersfield Aff av of STATE OF CALIFORNIA, t 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 ..........................................J..~_]~.Y.._..1....3 ...............................................................19_.~.6... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .......................................~.~..1..~._..~..~. ....................., 19...~_~..., which ordinance was numbered ......... .~84 .................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.12 TO TITEL 7 OF THE MUNICIPAL CODE ENACTED UNDER SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY FOR BENEFIT' OF CHARITABLE ORGANIZATIONS. C ty/lerk Subscribed and sworn to before me this ] 4~.. day of ~ Ju~ ....................., 19.~&... ~ .~",~'~,', Mcrguer te Anderson