Loading...
HomeMy WebLinkAbout09/12/1994; B A K E R S F I E L D Kevin McDermott, Chair Patricia J. DeMond Randy Rowles Staff: Gail E. Waiters AGENDA · "- BUDGET AND FINA?TCE.CO,",~.?dlTrEE Monday, September 12, 1994 12:15 p.m. City Manager's Conference Room Second Floor - City Hall 1501 Truxtun Avenue Bakersfield, CA 1. ROLL CALL 2. APPROVAL OF AUGUST 29, 1994 MINUTES 3. PRESENTATIONS 4. PUBLIC STATEMENTS 5. DEFERRED BUSINESS None 6. NEW BUSINESS A. WASHINGTON LOBBYIST B. BUSINESS LICENSES AVAILABLE THROUGH COMPUTER C. REVIEW OF BINGO ORDINANCE 7. ADJOURNMENT FILE COPY /~/ .~¢~~ A K E R S F I E L D Alan l~a~d~/, City Nfancger Kevin McDermott, Chair Staff: Gail E. Wait~/m/ Patri¢ia J. DeMond Randy Rowles AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMI'i'rEE Monday, August 29, 1994 12:15 p.m. City Manager's Conference Room 1. ROLL CALL Call to Order 12:25 p.m. Present: Vice Mayor Kevin McDermott, Chair; Councilmembers Patricia J. DeMond; and Randy Rowles 2. APPROVAL OF APRIL 11 AND APRIL 25, 1994 MINUTES A. Apdl 11, 1994 approved as submitted B. April 25, 1994 approved as submitted 3. PRESENTATIONS None 4. PUBLIC STATEMENTS None 5. DEFERRED BUSINESS A. TOW TRUCKS Staff presented the Committee with draft agreements and a resolution. Currently, tow trucks are regulated by City ordinance, however, the City Attorney has AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, August 29, 1994 Page -2- advised that a resolution would be more appropriate for setting fees because fees are more contractual rather than law. The Committee asked staff to explore the following areas: 1) Investigate the feasibility of applying local preference to tow truck businesses; Determine whether each of the businesses currently on the list has a City of Bakersfield business license; 2) Develop a sunset clause to review rate/fee setting on a periodic basis so that the increases are incremental rather than major; and 3) Establish an annualcharge for inspections. Staffwill follow up on these requests and incorporate them into the final draft documents as well as any additional changes for Committee approval. 6. NEW BUSINESS A. KERN TRANSPORTATION FOUNDATION FUNDING REQUEST The Foundation has asked the City for $10,000 to partially fund a study of the regional economic impacts to and of the transportation system. The study will help to design a public education campaign for promoting a modern, balanced transportation system. The Committee is very much in favor of a private/public partnership for this effort. It will recommend to Council a contribution of up to $5,000 based on a dollar for dollar match from the private sector once private contributions exceed the $21,811 already contributed by the public sector. The Committee will make the recommendation at the September 7, 1994 Council meeting. B. FEES FOR FALSE ALARMS A complaint was filed with a councilmember which suggested that citizens who have residential alarm systems are providing assistance to the Police Department and, therefore, should not be required to pay a fee. Staff gave the Committee an overview of the alarm system process with the Police Department, stating that the greater issue is false alarm responses. The Committee asked staff to: 1) Develop a brochure to notify residents and businesses of the alarm system program, and to distribute it at the time a permit is issued or renewed; 2) Investigate the differences between a residence and commercial business as they relate to their particular services/needs/problems; 3) Analyze trend data to see what level the false alarm maximum should be set, and determine if the fee rate is appropriate; and 4) Begin to monitor appropriate data to report on a periodic basis the status of the alarm program. Staff will complete this project prior to the 1995/96 budget cycle and bdng it back to the Committee for further action. AGENDA SUMMARY REPORT BUDGET AND FINANCE COMMITTEE Monday, August 29, 1994 Page -3- C. CITY COUNCIL TRAVEL AND EXPENSES Staff presented a draft policy to the Committee at the request of Councilmember Edwards. The major change in current policy essentially suggests that each council seat be allocated a set dollar amount for travel and expenses during the budget, process. ,,This Would allow some flexibility for a councilmember to attend conferences, workshops, meetings, etc. without having to get prior approval from the full council. The Committee will make wdtten comments/suggestions to the policy and provide them to staff for a rewrite. Staff will bdng the rewrite back to the Committee for further action. 7. ADJOURNMENT The meeting was adjourned at 1:50 p.m. cc: Honorable Mayor and City Council GE'"VV:jp BUDGET AND FINANCE COMMITTEE MEETING OF AUGUST 29, 1994 NOTE: COPIES OF THE DRAFT AGREEMENTS AND RESOLUTION ARE AVAILABLE IN THE CITY MANAGER'S OFFICE. THESE DOCUMENTS ARE NOT INCLUDED IN THE PACKET BECAUSE THEYARE EXTENSIVE AND BECAUSE THEY ARE BEING REVISED. COUNCIL WILL GET COPIES OF THE FINAL, COMMITTEE APPROVED DOCUMENTS AT A LATER DATE. PO 64-27S9 MEMORANDUM MAY 10, 1994 JOHN STINSON, ASSISTANT CITY MANAGER IO FROM C.A. BLACKBURN, LIEUTENANT, TRAFFIC COMMANDER SUBJECT PROPOSED TOW TRUCK CONTRACTS AND RESOLUTIONS Per the city council committee's direction, I forwarded a copy of the resolution pertaining to tow trucks and. the proposed contracts for light, medium and_h~vy duty tow~{~g 'to the following interested parties: Automobile Club of Southern California Bakersfield Chamber of Commerce Local Chapter California Tow Truck Association B&J Towing, H&S Towing, Action Towing, Jim's Towing, Civic Center Towing, and Barnett Towing. In the correspondence I requested any comment regarding either the contract or resolution be forwarded to my office in writing by Friday, April 22, 1994, so that I may forward those comments to the city council. The only reply I received was from B&J Towing and the owner's concern was that they not be required to respond to their business after hours to release impounded vehicles. See attached letter from B&J Towing. , "it Also, in the proposed resolution on page 15, item number 3 "Hmit on contracts, states that the city shall contract with no more than six towing services for light and medium duty towing and no more ;than three towing services for heavy duty towing. It is recommended that the maximum number for heavy duty towing be reduced, to two tow services. Since the resolution was proposed I have researched the number of heavy duty tows and found that there is only an average of one tow per month for heavy duty towing. Because we are required to inspect the tow company and their vehicles annually, it is recommended that the number be reduced to two heavy duty tows to reduce the number of business and equipment inspections annually. Respectfully Submitted, Traffic Commander CAB/ik Attachment ~ CITY' MANAGER'S OFFiC~ ' CITY OF BAKERSFIELD ^.., CALIFORNIA ' S.E. BRUMMER POLICE DEPARTMENT CHIEF OF POLICE (805) 326-3800 FAX (805) 326-3070 March 28, 1994 Local Chapter California Tow Truck Association To Whom It May Concern: The put-pose of this correspondence is to solicit any comments from interested oa~"%ies, regarding .~the deletion of-the City of Bakersfield's current Tow T~uck Ordinance and 'establishment of a contract system to provide tow t~tck services within the Cit3r of Bakersfield. The City of Bakersfield Tow Truck Ordinance had been in effect for many years and because of advances in the industry had become obsolete. Because of this, the city staff proposed abolishment of the ordinance, and dealing with tow truck providers on a contract basis with a comprehensive set of rules and regulations governing the operation of tow trucks in the city. A proposed contract and resolution setting rates and equipment specifications for tow truck services provided was presented to the city council. They have requested comments from the tow truck indust~/, including the local chapter of the Tow Truck Association, all of the tow operators that are currently on the City of Bakersfield Tow Rotation Li~t, the Automobile Club of Southern Califommia, and the Chamber of Commerce. Enclosed you will find a copy of the proposed contract, as well as the resolution setting rates and equipment specifications for your review. If you have any comment regarding either the contract or resolution, please forward a written response to my office by F~iday, April 22, 1994, so that I may forward these to the city council. Thank you, in advance, for your input into this process. Sincerely, S. E. Brummer, Chief of Police By: C~nant Traffic Commander SEB / CAB / ik traffic\survey, tow Enclosure Copies: AUtC,anhile Club of Southern California Bakersfield Ch-~-~r of Cc~,-~rce Local Chapter Ca] ~ ¢ornia Tow Truck Association 5&J Towing, H&S Towing, Action Towing, Jim's Towing, Civic Center Towing, Barne[% Towing 1601 TRUXTUN AVENUE o P.O. BOX 59 o BAKERSFIELD, CALIFORNIA 93302 B&J TOWING 740 Monticello Avenue 805.323.6683 Bakersfield, CA 93307 FAX.323.1607 30 March, 1994 BAKERSFIELD POLICE DEPARTMENT P.O. BOX 59 BAKERSFIELD, CA 93302 ATTN: C.A. BLACKBURN, LIEUTENANT TRAFFIC COMMANDER DEAR LT. BLACKBURN: I HAVE RECEIVED AND REVIEWED THE NEW TOW TRUCK CONTRACT AND I AM WRITING THIS LETTER TO ADDRESS ONE AREA THAT HAS NOT BEEN ADDRESSED. POSSIBLY BECAUSE IN THE PAST IT HAS NOT BEEN THE PROBLEM THAT IT IS NOW BECOMING, AND THAT IS THE RELEASE OF VEHICLES AFTER HOURS AND HOLIDAYS. WITH THE INCREASE IN VIOLENT CRIME THAT WE ARE WITNESSING IN THIS DAY AND AGE IT IS BECOMING MORE AND MORE HAZARDOUS TO COME TO A CLOSED YARD AFTER HOURS TO RELEASE A VEHICLE. IN MY CASE, ONLY TWO PEOPLE HAVE ACCESS TO THE OFFICE AND ALARM SYSTEM, MYSELF AND MY SECRETARY. IF I AM NOT AVAILABLE I CAN NO LONGER, IN ALL GOOD CONSCIENCE, ASK MY SECRETARY, A LONE UNARMED FEMALE, TO COME TO THE YARD AFTER HOURS AND OPEN THE OFFICE TO DEAL WITH A VEHICLE OWNER WHO, THE MAJORITY OF THE TIME IS HOSTILE AND UPSET THAT HIS VEHICLE HAS BEEN IMPOUNDED AND IT IS COSTING HIM MONEY TO GET IT OUT. ALL JUSTIFIED BY AN ALLOWANCE OF AN ADDITIO- NAL $25.00 GATE FEE. I CANNOT IMAGINE ANY AMOUNT OF MONEY THAT WOULD JUSTIFY PUTTING AN EMPLOYEES LIFE IN JEOPARDY. I THEREFORE, RESPECTFULLY REQUEST THAT IN THE INTEREST OF SAFETY THAT THE BAKERSFIELD POLICE DEPARTMENT FOLLOW THE LEAD OF THE CALIFORNIA HIGHWAY PATROL AND RELEASE VEHICLES DURING NORMAL OFFICE HOURS ONLY. SINCERELY, B & J TOWING W J JR: JB 5.10.160--5.12.020 place set for said hearing. (Prior code § 7.62.170). 5.12.130 Financial interest in licensee only. 5.10.16 0 Reserved.* 5.12.140 Exclusive operation by licensee. 5.12.150 Games open to public. 5.12.155 Maximum number of licenses to Chapter 5.12 be issued. 5.12.160 Attendance limited to occupancy capacity. BINGO GAMES 5.12.170 Games conducted only on licensee's property. Sections: 5.12.180 Minor's participation 5.12.010 Bingo defined, prohibited. 5-12-020 License--Organizations eligible 5.12.190 . Intoxicated person's for license to conduct games, participation prohibited. 5.12.030 License--Application--Filing. 5.12.200 Hours of days of operation. 5.12.035 License---Licensing of inter- 5.12.210 Participant must be present. related organizations and 5.12.220 Financial report required. associations prohibited. 5.12.230 Receipt or payment of profit by 5.12.040 License--Application~ person constitutes misdemeanor Contents. under state law. 5.12.050 License---Issuance---Applicant 5.12.240 City may enjoin violation. qualifications. 5.12.060 License--- Isiuance.-.- 5.12.010 Bingo defined. Investigation of applicant. As used in this chapter, "bingo" means a game 5.12.070 License~Contents. of chance in which prizes are awarded on the 5.12.080 License---Summary suspension basis o£designated numbers or symbols on a card pending opportunity for which conform to numbers or symbols selected hearing--Continuation at random. Bingo includes cards having numbers constitutes misdemeanor-- or symbols which are concealed and preprinted Revocation. in a manner providing t'or distribution of prizes. 5.12.090 License--Revocation without The winning cards shall not be known prior to summary suspension-- the game by any person participating in the play- Alternative procedure, ing or operation of the bingo game. All such 5.12.100 License--Appeal of revocation preprinted cards shall bear the legend "For sale or to city council, use only in a bingo game authorized under Cai- 5.12.110 Maximum amount of prizes, ifornia law and pursuant to this chapter." (Prior number of games--Prohibition code § 7.12.100). on giveaways--Exception. 5.12.120 Keeping of profiles or. proceeds 5.12.020 License--Organizations eligibile in separate fund or account, for license to conduct games. The following are eligible to apply to the city * Editor's Note: Former Section 5.10.160, for a license to conduct bingo games in the city Violation--Penalty, previously codified herein and under the provisions of Section 326.5 of th~ containing prior code Section 7.62.180 was repealed in Penal Code of the state and the provisions of'this its entirety by Ordinance No. 3438. chapter, provided, that each such organization or association establishes to the satisfaction (Bakersfield 3-92) 210 '- 5.12.030--5.12.040 of the city manager that it has actively engaged in B. The name and signature of at least two the activities described in its articles of incorpo- officers, including the presiding officer, of the ration or bylaws within the city for a period of not applicant organization or association; less than six months immediately preceding the C. The particular property within the city, date of its application, including the street number, owned or leased by A. Organizations exempted from the pay= the applicant, used by such applicant for an office ment of the bank and corporation tax by Section or for performance of the purposes for which the 23701(a), 23701(b), 23701(d), 23701(e), applicant is organized, on which property bingo 23701 (f), 23701 (g), and 23701 (I) of the Revenue games will be conducted, together with the occu- and Taxation Code of the state; pancy capacity, of such place; B. Mobile home park associations; and D. Proposed day of the week and hours of day C. Sem0r citizens organizations with a mem- for conduct of bingo games; bership requiring that the member, or the mere= E. That the applicant agrees to conduct bingo ber's spouse be fifty years of age or older. (Ord. games in strict accordance with the provisions of 2639 § 1,198 I: prior code § 7.12.0 I0). Section 326.5 of the Penal Code and this chapter, as they may be amended from time to time and 5.12.030 License-Application--Filing. agrees that the license to conduct bingo games A. Eligible organizations desiring to obtain may be revoked by the city manager upon vio- such license to conduct bingo games in the city. lation of any of such provisions: shall file an application in writing therefor in the F. Said application shall be signed by the office of the finance director on a form to be applicant under penalty of perjury; provided by the finance director. G. Fees. B. The issuing authority shall be the city, man- 1. The annual license fee shall be fifty dollars. ager. If an application for a license is denied, one-half C. The license shall be for a term of one year of the fee shall be refunded to the applicant. from the date of issuance, subject to renewal and 2. An additional fee of one percent of the annual fee. (Prior code § 7.12.020). monthly gross receipts over five thousand dollars derived from bingo games will be due and pay- 5.12.035 License--Licensing of inter- able at the time the financial report, pursuant to related organizations and Section 5.12.220, is required: associations prohibited. H. The applicant shall als0 submit, with its No license shall be issued to any organization application, a Certificate or Determination of or association ifa director, officer, or salaried or Exemption under one of the Revenue and Taxa- paid employee of the applicant is a director, tion Code Sections listed in subsection A of Sec- officer, or salaried or paid employee of an organi- tion 5.12.020 or a letter of good standing from the zation or association licensed to conduct bingo Exemption Division of the Franchise Tax Board games under the provisions of this chapter. (Ord. in Sacramento, showing the required exempted 2639 § 2, 1981: prior code § 7.12.035). status; in the case of an applicant mobile home park association, the applicant shall submit a $.12.040 License---Application Contents. statement that the members thereof are residents The application for a license shall contain the of a duly permitted mobile home park located following: within the city; in the case of an applicant senior A. The name of the applicant organization or citizens organization, the applicant shall submit association and a statement that applicant is an a statement specifying the qualifications for eligible organization or association under Sec- membership in such organication. Mobile home tion 5.12.020; 2 1 I ( Bakersfield 11-88) 5.12.050--5.12.080 park associations and senior citizens organiza- E. Such other information as may be neces- t. ions are not required to be exempted from the sary or desirable for the enforcement of the bank and corporation tax; provisions of this chapter. (Prior code § 7.12.060). I. The name and address of each director, officer, and salaried or paid employee of the 5.12.080 License~Summary suspension apphcant organization or association. (Ord. 3166 pending oppommity for hearing-- § 1, 1988; Ord. 2639 § 3, 1981; prior code § Continuation coustitutes 7.12.040). misdemeanor--Revocation. A. Whenever it appears to the chief of police 5.12.050 License--Issuance---Applicant that the licensee is conducting a bingo game in qualifications, violation of any of the provisions of this chapter, No license shall be issu~ to any organization the chief of pohce shall have thc authority to unless such applicant is an eligible organization summarily suspend the license and order the under Section 5.12.020 and its application con= licensee to immediately cease and desist any fur- forms to the requirements, terms and conditions ther operation of any bingo game. of this chapte~ (Prior code § 7.12.030). B. Any person who continues to conduct a bingo game after any summary suspension 5.12.060 Liceuse--Issuance~Investi~ation thereof under subsection A of this section shall be of applicant, deemed guilty of a misdemeanor and upon con- Upon receipt of the completed application viction thereofi shall be punishable by a fine not and the fee, the finance director shall refer the exceeding five hundred dollars or by imprison- same to interested departments of the city, ment in the countyjail for a period not exceeding including, but not limited to, the city manager, six months, or by both such fine and imprison- city' attorney, police department, community merit. development department and the fire depart- C. The order issued under subsection A of this merit, for inv .estigation as to whether or not all section shall also notify the licensee that it shall the statements in the application are true and have five days from the date of such order to whether or not the property of the applicant request a hearing before the city manager to qualifies, and the extent to which it qualifies, as determine whether such license shall be revoked. property on which bingo games may lawfully be Failure to request, in writing, such heating before conducted, as to fire, occupancy, and other the city. manager within said five-day period, applicable restrictions. (Prior code § 7.12.050). shall result in-a revocation of the license. D. Upon such request by the licensee, whose 5.12.070 License---Contents. license has been suspended under subsection A Upon being satisfied that the applicant in fully of this section, for a hearing to determine qualified, under the law, to conduct bingo games whether such license shall be revoked, the city in the city, the city manager shall issue a license manager shall provide such.hearing within ten to said applicant, which shall contain the follow- days after receipt of such request at which hear-. ing information: ing the suspended licensee may appear before the A. The name and nature of the organization city manager for the purpOse of presenting evi- to whom the license is issued; dence why the license should not be revoked. No B. The adch'ess where bingo games are autho- license shall be revoked under this section unless rized to be conducted; notice of the time and place of such hearing has C. The occupancy capacity of the room in first been given at least five days which bingo games are to be conducted: D. The date of the expiration of such license: 5.12.090--5.12.110 before the hearing thereof by depositing in the city council. Such appeal shall set forth the spe- United States mail a notice directed to said sus- citic ground or grounds on which it is based. The pended licensee at the address given in the city council shall hold a hearing on the appeal application. The notice shall set forth a summary within thirty days after its receipt by the city, or at of the ground advanced as the basis of the suspen- a time thereafter agreed upon, and shall cause the sion and revocation, appellant to be given at leazt ten days' written E. Any organization whose license is revoked notice of such hearing. At the hearing the under this section shall not conduct any bingo appellant or its authorized repre~ntative shall game in the city until such time as the city coun- have the right to present evidence and a written cil, on appeal, determines to overrule the deci- or oral statement, or both, in support of his sion of the city manager. (Prior code § 7.12.070). appeal. The determination of the cit;ycouncfl on the appeal shall be final. 5.12.090 License--Revocation without B. Any organization whose license is finally summary suspension--Altenmfive revoked may not again apply for a license to procedure, conduct bingo games in the city for a period of A. Whenever it appears to the city manager one year from the date of such revocation; pro- that the licensee is conducting bingo games in v/ded, however, if the ground for revocation is v/olation of any of the provisions of this chapter, cancellation of the exemption granted under one or that the license was obtained by fraudulent of the Revenue and Taxation Code sections listed representation and no summary suspension is in subsect/on A of Section 5.12.020, such orgarfi- ordered, under Section 5.12.080, the license may zation may.again apply for a license upon proof be revoked; provided, however, the licensee may ofreinstatement ofsa/d exemption. (Prior code § appear before the city manager at the time fixed 7.12.090). by the city manager, for the purpose of present- ing evidence why the license should not be 5.12.110 Max/mum amount of pr/zes, revoked. No license shall be revoked under this number of games--Prohibition on section unless written notice has first been given giveaways--Exception. at least five days before the hearing thereof by A. The total value of prizes awarded during depositing in the United States mail a notice the conduct of any bingo games shall not in any directed to said licensee at the address given in event exceed two hundred fifty dollars in cash or the application. The notice shall set forth a sum- kind, or both, for each separate game which is mary of the ground advanced as the basis of the held. revocation. B. Ifsuch prize for any separate game or draw- B. Any organization whose license is revoked ing is less than said maximum amount, the under this section shall not conduct any bingo amount of any subsequent prize may not include game in the city until such time as the city court- accumulation of any difference between the cil, on appeal, determines to overrule the deci- prize given and the maximum of two hundred sion of the city manager. (Prior code § 7.12.080). fifty dollars. C. Except as provided in subsection D of this 5.12.100 License--Appeal of revocation to section, no licensee with gross monthly receipts city council, from bingo games, including pull-tabs, exceed- A. Any holder of a license whose license is ing five thousand dollars shall (1) conduct more revoked under this chapter shall have the fight, than twenty-five games of bingo during that one within ten days after receiving notice in writing period per week during which the licensee is of the revocat/on, to file a written appeal to the author/zed to conduct such games, or (2) give I - 2 1 3 ( Baker~lield 649) 5.12.120--5.12.160 away any door prizes, raffle, food, bingo cards, 5.12.130 Financial interest in licensee only. pull-tabs, trips, sevices, merchandise or any cash No individual, corporation, partnership or prize or promotion of any kind except such other legal entity except the licensee shall hold a pri~es as are authorized by subsection A of this financial interest in the conduct of such bingo section, game. (Prior code § 7.12.130). D. The provisions of subsection C of this sec- tion shall not apply to any licensee which, during 5.12.140 Exclusive operation by licensee. the preceding two-month reporting period, (the A. A bingo game shall be operated and staffed first of which commences on March 1, 1989)used only by members of the licensee organization. or contributed at least ten percent of its gross B. Such members shall not receive a profit, receipts from bingo games, including pull-tabs, wage, or salary from any bingo game. for charitable purposes not relating to the con- C. Only the licensee shall operate such game, duct of bingo games, provided such licensee files or participate in the promotion, supervision or the report required by Section 5.12.220. (Ord. any other phase of such game. 3212 { 2, 1989; prior code § 7.12.1 I0). D. No license to conduct bingo games shall be transferable, and any transfer or attempted trans- $.12.120 Keeping of profits or pro(:eeds in fer of a license, whether by sale, assignment, separate fund or account, operation of law, or otherwise, shall constitute a A. With respect to organizations exempt surrender of such license and the immediate ter- from payment of the bank and corporation tax ruination of all rights thereunder. (Ord. 2651 § 1, by Section 23701(d) of the Revenue and Taxa- 1981: prior code § 7.12.140). tion Code, all profits derived from a bingo game shall be kept in a special fund or account and 5.12.150 Game~ open to public. shall not be commingled with any other fund or All bingo games shall be open to the public, account. Such profits shall be used only for char- not just to the members of the licensee organiza- itable purposes, tion. (Prior code § 7.12.150). B. With respect to other organizations autho- rized to conduct bingo games pursuant to this 5.12.155 Maximum number of licenses to be chapter, all proceeds derived from a bingo game issued. shall be kept in a special fund or account and Not more than thirty licenses to conduct bingo shall not be commingled with any other fund or games shall be in force and effect at any one time. account. Such proceeds shall be used only for Licenses shall be granted in order of application. charitable purposes, except as follows: (Ord. 2651 § 2, 1981: prior code § 7.12.155). 1. Such proceeds may be used for prizes; 2. A portion of such proceeds not to exceed 5.12.160 Attendance limited to occupancy ten percent of the proceeds after the deduction capacity. for prizes, or five hundred dollars per month, A. Notwithstanding that bingo games are whichever is less, may be used for rental of prop- open to the public, attendance at any bingo game erty, overhead, including the purchase of bingo shall be limited to the occupancy capacity of the equipment and administrative expense. Such room in which such game is conducted as deter- proceeds may be used topay license fees. (Prior mined by the fire department and building code §7.12.120). department of the city in accordance with applicable laws and regulations. B. Licensee shall not reserve seats or space for any person. (Prior code § 7.12.160). (Bakcmfietd 6-89) 2 14 5.12.170--5.12.220 5.12.170 Games conducted only on once per week. No bingo game shall be con- licensee's property, ducted before ten a.m. nor after two a.m. of any A. A licensee shall conduct a bingo game only day. The day upon which the licensee shall bl on property owned or leased by it, and which authorized to conduct bingo games shall be property is used by such organization for an stated on the license. (Ord. 2834 § 1, 1983: Ord. office or for performance of the purposes for 2639 § 4, 1981: prior code § 7.12.200). which the organization is organized. B. The license issued under this chapter shall 54.12.210 Participant must be present. authorize the holder thereof to conduct bingo No person shall be allowed to participate in a games only on such property, the address of bingo game unless the person is physically which is stated in the application, present at the time and place in which thc bingo C. In the event the described property ceases game is being conducted. (prior code § 7.12.210). to be used as an office and as a place for perform- ance of the purposes for which the licensee is 5.12.220 Financial report required. organized, the license shall have no further force A. Each licensee shall keep a complete and or effect, accurate written record in connection with its D. A new license may be obtained by an eligi- operation, conduct, promotion, supervision and ble organization, upon application under this any other phase of bingo games. chapter, when it again owns or leases property B. City officers and employees shall be given used by it for an office or for performance of the access by each licensee to and shall have the right purposes for which the organization is organized, to' examine and audit original records of each E. Nothing in this section shall be construed licensee pertaining to bingo, and shall be fur- to require that the property owned or leased by nished copies thereof during regular business the licensee be used or leased exclusively by such hours. organization. (Prior code § 7.12.170). C. Each licensee shall, not later than the fif- teenth calendar day of each month, file with the 5.12.180 Minor's participation prohibited, city's treasurer a monthly income and expense No person under the age of eighteen years of report on its bingo game operations. The form of age shall be allowed to participate in any bingo such report, identifying all required information, game. (Prior code § 7.12.180). ' shall be provided by the city. The first such report due under this section, as amended, shall be filed 5.12.190 Intoxicated person's participation not later than May 15, 1989, and such report and prohibited, each successive monthly report shall demon- No person who is obviously intoxicated shall strate compliance with the provisions ofsubsec- be allowed to participate in a bingo game. (Prior tion D of Section 5.12.110 iran exemption from code § 7.12.190). subsection C of that section is claimed for the month such report is filed. 5.12.200 Hours and days of operation. D. At the time each licensee files its monthly No licensee shall conduct bingo games more report for the month of April. 1989, it shall file a than six hours out of any twenty-tour-hour report for each prior unreported month using the period, nor more than once per week: further, no form required for monthly reports, and shall pay location, including a single building or a series of the fee for such months as required by subsection contiguous rooms or buildings, shall be utilized G2 of Section 5.12.040. (Ord. 3212 § I, 1989: to conduct bingo games more than six hours out prior code § 7.12.220). of any twenty-four-hour period nor more than 9 1 5 ( Bakersfield 6=89) · 5.12.230--5.14.050 5.12.230 Receipt or payment of profit by person constitutes misdemeanor under state law. 14.020 Permit--Required. A. It is a misdemeanor under Section is unlawful forany person, firm orcorpora- 326.5(b) of the Penal Code of the state for any conducting a public place where liquor is person to receive or pay a profit, wage, or salary or consumed, within the city, to provide' from any bingo game authorized under this and permit music and/or dancing and/or chapter, a violation of which is punishable by a nets within said public place where fine not to exceed ten thousand dollars, which liquor and/or consumed, without hay- fine shall be deposited in the general fund of the ing first permit from the city manager city. to do so. code § 7.38.010). B2 A violation of any provisions of Section 326.5 of the Penal Code, other than subdivision 5.14.030 pplieation-- (b), is a misdemeanor punishable by imprison- ssuance of permit. ment in the county jail not exceeding six months A. A such permit must be made or by a fine not exceeding five hundred dollars, or on forms to be by the city manager of both. (Prior code § 7.12.230). said city. B. Said shall be referred to the 5.12.240 City may enjoin violation, chief of police by . manager for investiga- The city may bring an action in a court of lion as to the ch; and fitness of the appli- competent jurisdiction to enjoin a violation of cant, and whether he proposed location is Section 326.5 of the Penal Code or of this chap- suitable and proper fo conducting a place where ter. (Prior code § 7.12.240). music and/or dancin and/or entertainers are provided. C. The chief of police ~all submit a report on Chapter 5.14 said application, when }n the city manager shall, in his discretion. ;ue a permit if he CABARETS believes the applicant will said place in x.,. . an orderly, proper and law manner, and that ~_'~..~; such music, and/or tg, 5x~4.010 Liquor defined, shall not interfere with the and quiet of the 5.1'~L~20 Permit--Required. neighborhood, or be detrimen to public mor- 5.14.030x Permit--Application-- als. (Prior code § 7.38.020).  lnvestigation--Issuance of ..... l~.rmit. ' 5.14.040 Permit--Expiration. 5.14.040 Pe}mxit--Expiration' Every. such permit shall ex~ on the 5.14.050 Appe~ thirty-first day of December. code § 5.14.060 Vip lation~.,xx~,xnal ty' 7.38.030). 5.14.010 Liquor defined. ~ 5.14.050 Appeals. "Liquor," as used in this chapt~,.~ means beer, ,~. Should any applicant for a permit be wine, gin. whiskey, cordials or rumNgnd every, fled with the decision of the city manager, h, liquid or solid, patented or not, contaJ~haxg one- petition the city council for a hearing, halfofone percent or more ofalcohol by voha~ne, decision of the city council shall be final ~d Bakersfiet{t 0-89) 2 1 6