HomeMy WebLinkAboutORD 1044 (1990)1 ORDINANCE NO. 1044
2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA
AMENDING PARAGRAPHS B AND C OF SECTION 3242
5 AND PARAGRAPH L OF SECTION 3244 OF THE
4 TUSTIN CITY CODE PERTAINING TO THE
LICENSING OF BINGO GAMES
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The City Council of the City of Tustin does hereby ordain as
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follows:
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1. Paragraph b of Section 3242 of the Tustin City Code is
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hereby amended to read as follows:
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b Application for License
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Eligible organizations desiring to obtain a license
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to conduct bingo games in the City of Tustin shall file
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an application in writing therefor in the office of the
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Director of Community Development on forms provided by
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the Director of Community Development. The issuing
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authority shall be the Director of Community Development.
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Application for a bingo license shall not be filed unless
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the applicant is a qualified organization which has for
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at least twelve (12) months immediately preceding the
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filing of such application owned .or leased the property
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within the City of Tustin upon which bingo games are
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proposed to be conducted and such property has been used
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by the applicant during said period for purposes for
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which it is organized, provided, however (1) that any
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organization which has held a valid bingo license for
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premises within the City of Tustin for at least one (1)
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year and relocates to new premises within the City of
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Tustin, shall not be disqualified from receiving a bingo
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1 license at its new premises even though it has not
2 occupied the new premises for one (1) year, provided that
5 it is otherwise qualified to receive a bingo license for
4 such new premises, and (2) further provided however that
5 an organization exempt from Federal tax under Section
6 501(c)(3) or 501(c)(4) of the Internal Revenue Code of
7 1986, or any successor statute, as well as any
8 organization exempt under Section 23701d, 23701e, or
9 23701f of the California Revenue and Taxation Code which
10 owns, leases or has the property donated to it on which
11 it proposes to conduct bingo games, and which property
12 has been used by such organization for an office or for
15 the purposes for which the organization is organized
14 shall not be disqualified from receiving a bingo license
15 for such premises even though it has not occupied the
16 premises for one (1) year provided it is otherwise
17 qualified to receive a bingo license for such premises.
18 2. Paragraph c of Section 3244 is hereby amended to
19 read as follows:
20 Section 3244 Regulation of Bingo Games.
21 c Bingo games conducted only on licensee's property
22 A licensee shall conduct a bingo game only on
23 property owned or leased by it, or on property the use
24 of which has been donated to the licensee and such
25 property is used by such organization for an office or
26 for the performance of the purposes for which the
27 organization is organized. Nothing in this subsection
28 shall be construed to require that the property owned,
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1 leased or donated to the organization must be used or
2 leased exclusively by such organization. A license
5 issued under this part shall authorize the holder thereof
4 to conduct bingo games only on property the address of
5 which is stated in the application. In the event the
6 described property ceases to be used as an office and/or
as a place for the performance of the purposes for which
8 the licensee is organized, the license shall have no
9 further force or effect. A new license may be obtained
10 by an eligible organization, upon application under this
11 chapter, when it again owns, leases or has property
12 donated to it, which property is used by it for an office
13 or for the performance of the purposes for which the
14 organization is organized.
15 3. Paragraph 1 of Section 3244 is hereby amended to
16 read as follows:
17 1. With respect to organizations exempt from from
18 payment of the bank and corporation tax by Section 23701d
19 of the Revenue and Taxation Code, all profits derived
20 from a Bingo game shall be kept in a special fund or
21 account and shall not be commingled with any other fund
22 or account. Such profits shall be used only for
23 charitable purposes. With respect to other organizations
24 authorized to conduct Bingo games, all proceeds derived
25 from a Bingo game shall be kept in a special fund or
26 account and shall not be commingled with any other fund
or account. Such proceeds shall be used only for
28 charitable purposes, except as follows:
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1 (1) Such proceeds may be used for prizes.
2 (2) A portion of such proceeds, not to exceed
3 20% of the proceeds before the deduction of floor
4 prizes, or One Thousand Dollars ($1,000.00) per
5 month, whichever is less, may be used for rental of
6 property, overhead, including the purchase of Bingo
7 equipment, administrative expenses, security
8 equipment, and security personnel.
9 PASSED AND ADOPTED at a regular meeting of the City Council,
10 of the City of Tustin, California, held on the 2nd day of
11 April , 1990.
15 ATTEST: MAYOR
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19 JGR:rr:R:3/5/90(A22.cas)
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1044
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
four; that the above and foregoing Ordinance No. 1044 was duly and
regularly introduced and read at a regular meeting of the City Council
held on the !9th day of March, 1990, and was given its second reading
and duly passed and adopted at a regular meeting held on the 2nd day
of April, 1990, by the following vote:
COUNCILMEMBER AYES: Edgar, Kennedy, Kelly, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Valerie Whiteman, Chief Deputy City Clerk
for Mary E. Wynn, City Clerk