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HomeMy WebLinkAboutORD FOR INTRODUCTION 03-19-90not DATE: TO: 3/7/90 MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: BINGO GAMES ORDINANCE FOR INTRODUCTION 3-19-90 Inter - Com Enclosed is a proposed amendment to the Tustin City Code relative to the regulation of bingo games. These changes to Tustin's bingo regulations have been requested on behalf of the Foothill and Tustin High School booster organizations to enable them to conduct bingo games on the school premises with the profits to be used for school booster purposes. Recommended action: Ple JGR:rr:R:2/27/90(A22.cas/5) Enclosure cc: WH City Attorney • ! 41 ' ORDINANCE NO. 1U44 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA AMENDING PARAGRAPHS B AND C OF SECTION 3242 AND PARAGRAPH L OF SECTION 3244 OF THE TUSTIN CITY CODE PERTAINING TO THE LICENSING OF BINGO GAMES The City Council of the City of Tustin does hereby ordain as follows: 1. Paragraph b of Section 3242 of the Tustin City Code is hereby amended to read as follows: b Application for License Eligible organizations desiring to obtain a license to conduct bingo games in the City of Tustin shall file an application in writing therefor in the office of the Director of Community Development on forms provided by the Director of Community Development. The issuing authority shall be the Director of Community Development. Application for a bingo license shall not be filed unless the applicant is a qualified organization which has for at least twelve (12) months immediately preceding the filing of such application owned or leased the property within the City of Tustin upon which bingo games are proposed to be conducted and such property has been used by the applicant during said period for purposes for which it is organized, provided, however (1) that any organization which has held a valid bingo license for premises within the City of Tustin for at least one (1) year and relocates to new premises within the City of Tustin, shall not be disqualified from receiving a bingo license at its new premises even though it has not occupied the new premises for one ( 1 ) year, provided that it is otherwise qualified to receive a bingo license for such new premises, and (2) further provided however that an organization exempt from Federal tax under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 19861, or any successor statute, as well as any organization exempt under Section 23701d, 23701e, or 23701f of the California Revenue and Taxation Code which owns, leases or has the property donated to it on which it proposes to conduct bingo games, and which property has been used by such organization for an office or for the purposes for which the organization is organized shall not be disqualified from receiving a bingo license for such premises even though it has not occupied the premises for one (1) year provided it is otherwise qualified to receive a bingo license for such premises. 2. Paragraph c of Section 3244 is hereby amended to read as follows: Section 3244 Regulation of Bingo Games. c Bingo games conducted only on licensee's property A licensee shall conduct a bingo game only on property owned or leased by it, or on property the use of which has been donated to the licensee and such property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned, 2 leased or donated to the organization must be used or leased exclusively by such organization. A license issued under this part shall authorize the holder thereof to conduct bingo games only on 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 the 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, leases or has property donated 'to it, which property is used by it for an office or for the performance of the purposes for which the organization is organized. 3. Paragraph 1 of Section 3244 is hereby amended to read as follows: 1. With respect to organizations exempt from from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation 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 purposes. With respect to other organizations authorized to conduct Bingo games, 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: 3 W (1) Such proceeds may be used for prizes. (2) A portion of such proceeds, not to exceed 200 of the proceeds before the deduction of floor prizes, or One Thousand Dollars ($1,000.00) per month, whichever is less, may be used for rental of property, overhead, including the purchase of Bingo equipment, administrative expenses, security equipment, and security personnel. PASSED AND ADOPTED at a regular meeting of the City Council, of the City of Tustin, California, held on the day of 1990. ATTEST: CITY CLERK JGR:rr:R:3/5/90(A22.cas) M MAYOR