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HomeMy WebLinkAboutORD 694 (1976)176 \- \ \ ORDINANCE NO. 694 AN ORDINANCE OF TI-IE CITY COUNCIL OF TtIE CITY OF TUSTIN ADDING SECTION 3240 TO THE TUSTIN CITY CODE ENACTED PURSUANT TO SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES IN THE CITY OF TUSTIN FOR BENEFIT OF CHARITABLE ORGANIZATIONS. THE CITY COUNCIL. OF TFIE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3240 is hereby added to the Tustin City Code to read as follows: 3 240. BINGO GA~iES (a) ORGANIZATION ELIGIBLE FOR CITY_ LICENSE TO CONDUCT BINGO GA~ES. Corporations, community' chests, or trusts, which are: (1) organized and operated e~clusively' for religious, charitable~ scientific, testing for public safety, literary or educational.purposes, and for the prevention of cruelty to children or animals; and (2) exempted from the payment of the bank and corpor- ation 'tax by Section 23701d of the Revenue and Taxation Code and a contribution under Section 170(c) (2) of the Internal' Code-of 1954, are eligible to apply to 'the. City of Tustin for a license to conduct bingo games in the City of Tustin under the provisions of Section 326.5 of the Penal Code and the provisions of this chapter. (b) APPLICATION FOR LICENSE Eligible organizations desiring to obtain such license to conduct bingo games in the City of Tustin shall file an application in writing therefor in the office of tlne City Clerk on a form to be provided by the City Clerk. The application shall be submitted at least two (2) weeks prior to the proposed date of the event'. The issuing autlnority shall be the License and Permit Board. (c) APPLICANT ~FJST BE QUALIFIED No license shall be issued to any organization unless such applicant is an eligible organization under Section 3240(a) and its application conforms to the requirements, terms and conditions. and Section 3240. 177 ' (d) CONENTS 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 3240(a). (2) The name and signature of at least two (2) officers, including the presiding officer, of the corporation or community chest and the trustee(s) of any trust. (3) The particular property within the City of Tustin, 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 gm~es will be conducted, together with the occupancy capacity of such place. (4) Proposed 'days of week and hours of day for conduct of bingo g~mes. A statement of whether the application is for a single game or for a series of gmmes, and if for a series,. the specific dates or the specific period of recurrence (weekly, monthly) of the 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 tha~ the license to conduct bingo games may be revoked by the License & Permit Board upon violation of any of such provisions. (6) Said application shall be signed by the applicant-under .... penalty of perjury. . (7) The license fee of Five Dollars-($5.00) shall accompany the application.' (8) The applicant shall also submit, with its application,. a Certificate or Determination of Exemption under Section 2370id of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sac- ramento showing exemption under said Section 23701d. (9) A description of any security measures whichare to be provided. (10) 'A description of parking facilities available, in- cluding the number of parking spaces available. (e) INVESTIGATION OF APPLICANT Upon receipt of the completed application and the fee, the City Clerk shall refer the same to interested departments of the City including, but not limited to, the City Manager, City --- Attorney, Police Department and the Fire department for investi- gation as to whether or not all' the statements in the application are true and whether or not the property of the applicant qualifie · 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. 178 (f) ISSUANCE & CONTENTS OF LICENSE Upon being satisfied that the applicant fully qualified under la~.¢ to conduCl bingo ge~es in the City of Tustin, the License & Permit Board s-hall issue a licer~se 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. l~io license shall be issued for a period to exceed six (6) months. (g) SUM~LARY 'SUSPENSION OF LICENSE PENDING OPPORTUNITY FOR HEARING - MISDE}LE~]OR TO CONTINUE AFTER SUSPENSION - P~EVOCATION (1) Whene~e~ i~ appears to the City AdLministrator that the licensee is conducting a .bingo g~e in violation of any of the pro-. visions of this chapter, the City Adminlstrator shall have the authority to s~-unarily suspend the license and order the licensee to i~mediately cease and desist any further operation of any bingo game. (2) It is a misdemeanor for any person to continue. to ' conduct a bingo game after any s~mmary suspension thereof under Subsection (1)- (3) The order issued under Subsection (1) Shall also notify the licensee that it shall have five (5) da~s from the date Of such order to request a hearing before the License & Permit Board to determine whether such license shall be revoked. Failure to request, in writing, such-hearing before ~qe License & Permit Board within said five day period, shall result in a revocation of the license. (4) Upon such request by the licensee,'whose license has been suspended under Subsection (1), for a hearing to deter- mine .whether such license shall be revoked, the License & Permit Board shall provide such hearing within ten (10) days after receipt of such request. At the hearing the suspended Iicensee may appear before the License & Permit IBoard 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 (5) 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. 179 The notice shall set forth a s~mmary of the ground advanced as the basis of the suspension and revocation. (5) 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 over- rule the decision of the City Administrator. (h) P~EVOCATION OF LICENSE--ALTEP~NATIVE PROCEDUPuE (!). P~enever it 'appears to the City Administrator 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 summa~!z_ suspension is ordered, under Section 3240(a), the licnese may be revoked; provided, however, the licensee may appear. before the License and Permit Board at the time fixed by the License and Permit Board, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked ~nder 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 ticensee at the address given in the application. The notice shall set fort~.h a summary of the ground advanced as the basis of the revocati on. (2) 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 Administrator. (i) APPEAL OF REVOCATION TO CiTY COUNCIL (1) 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 ~hall hold a hearing on the appeal within thirty (30) days after its receipt by the City, or at the time thereafter agreed upon and shall cause the appellant to be given at least five (5) 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 arg~nent, or both, in support of his appeal. The determination of the City Council on the appeal shall be final. (2) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of Tustin 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. (j) DEFINITION OF "BINGO" As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of ,180 designated numbers or symbols on a card which conform to numbers or symbols selected at random. (k) ~LAXIMUM AMOUNT OF PRIZE The' total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which iB held. (1) 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 comming!ed with any other fund or account. The licensee shall keep full and accurate records 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 of Tustin, by and through its authorized officers, shall have the right to examine and audit such records any reasonable time and licensee shall fully cooperate with the City of Tustin by making such records available. (m) FINANCIAL INTEREST IN LICE,_YSEE ONLY No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. (n) EXCLUSIVE OPERATION BY L!CENSEE A bingo game shall be operated 'and staffed only by a member of the licensee organization. Such men~ber shall not receive a profit~ wage, or salary from such bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. (o) BINGO GA_NLES OPEN TO PUBLIC ~ - . All bingo games shall be open to the public, not just to the members of the !icensee organization.. (p) ATTENDANCE LIMITED TO OCCUPANCY CAPACITY Notwithstanding 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 and Safety Department of the City of Tustin in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. 181 (q) BINGO GA~,iES CONDUCTED ONLY 027 LiCENSEE~S PROPERTY A licensee shall conduct a bingo game only on property owned or leased by it, and wlqich property is used by such organization for an office or for per- formance of the purposes for which the organization- is organized. The license issued under this chaoter shall authorize the h. older 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/or as a place for performance of the purposes for ;¢hich the licensee is organized, the license shall have no further force or effect. A new license may be obtai_~_ed by an eligible organization, upon application under this chapter, when it again owns or leases property used b-'_¢ it for an office or for performance of the purposes for which the organization is organized. (r) MINORS-NOT TO PARTICIPA~ No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. (s) I.N~OXICATED PERSONS NOT TO PARTiCiPATE No person who is obviously intoxicated shall be allowed to participate in a bingo game. (t) HOD~RS OF OPEiLATION No licensee shall conduct any bingo game more than six hours out of any twenty-four hour period. }i,'o bingo game shall be conducted before !0 a.m. nor after 2 a.m. of any day. (u) PARTICIPANT MUST BE PRESE~IT 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. (v) RECEIPT OF PROFIT BY A PERSON - A MISDE,_vLEANOR UNDER STATE 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 Tustin. .18.2 (w) CITIES ~kAY. E.',.[JOIN VIOLATION The City of Tustin 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. SECTION 2 SEVEP~ABIL!TY The City Council of the City of Tustin hereby declares that should any section, paragraph, sentence or ~.~ork of this chapter of the Code, hereby adopted, be declared for any ~ t is the intent of the Co~Incil that it reason to be invalid, - would have passed all other portions of this chaoter independent of the elimination herefrom of any such portion as may be declared invalid. PASSED .~ND ADOPTED at a regular meeting Of the o~ tv Council of the City.of Tustin on the 4th day of October , 1976. 183 STATE OF CALIFOP~NIA) COUNTY OF ORANGE ) .SS CITY OF TUSTIN ) . RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. ~ was duly and regularly introduced and read ~t'a regul~ ~eeting of th'e City Council held on the 20th day'of September , 197.6 'and was given its second reading and duly passed and adopted at a regular meeting held on the 4th day of October 1976, by the following vote: AYES: COUNCILMEN: EDGAR, SHAL~ , S~LTAP~LLi., I~LSH~ SCHUSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILS-IN: NONE Publish Tustin News October 14, 1976