HomeMy WebLinkAboutORD FOR ADOPTION 04-02-90u
DATE: APRIL 21 1990
TO:
WILLIAM A.
HUSTON,
CITY MANAGER
FROM:
OFFICE OF
THE CITY
CLERK
SUBJECT:
ORDINANCE
NO. 1044
- BINGO GAMES
ORDINANCE FOR ADOPTION
4-2-90
Inter - Com
RECOMMENDATION:
M.O. - Ordinance No. 1044 have second reading by title only.
M.O. - Ordinance No. 1044 be passed and adopted (roll call vote).
ACKGROUND:
The following Ordinance No. 1044 had first reading and introduction at
the March 19, 1990 City Council meeting:
ORDINANCE NO. 1044 - AN ORDINANCE OF THE CITY COUNCIL 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
Valerie Whiteman
Acting Chief Deputy City Clerk
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ORDINANCE NO. 1044
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
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to conduct bingo games in the City of Tustin shall file j
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
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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 i
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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
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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
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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
1986, or any successor statute, as well as any
organization exempt under Section 23701d, 2370le, 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,
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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:
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(1) Such proceeds may be used for prizes.
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(2) A portion of such proceeds, not to exceed
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20% of the proceeds before the deduction of floor
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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 4
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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.
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ATTEST: MAYOR
CITY CLERK
JGR:rr:R:3/5/90(A22.cas)
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