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HomeMy WebLinkAboutNB 2 BINGO PERMIT 09-06-83DATE: TO: FROH: S UBJ ECT: September 6, 1983 NEW BUSINESS No. 2 9-6-83 nter - C om Honorable Mayor & City Council Members Community Development Department Bingo Permit Regulations This report is presented as requested by the City Council. Sections 3241 through 3244 of the Tustin City Code provide for the legal operation of bingo games within the City. This section was adopted pursuant to the State authorizing regulations as specified in Section 19, Article 4 of the State Constitution and Section 326.5 of the Penal Code. Recently, Congregation B'Nai Israel submitted development plans for the relocation of their synagog from Packers Square on Newport Avenue to a site at the southerly cul.-de-sac of "B" Street. At the time of submittal, the question of transferring the congregation's existing bingo permit was raised. After review of the City Code, Congregation B'Nai Israel was informed that a new bingo application could not be accepted until one year after its relocation. This determination was based upon the following: a) Section 3242b - states that the issuing authority is the License and Permit Board and that an application for a license shall not be filed unless: "...the applicant is a qualified organization which has owned or leased the property within the City of Tustin upon which any bingo game is to be conducted for at least twelve (12) months immediately preceeding the filing of such application which property was used by the applicant for performance of the purposes for which it is organized." b) Section 3242c states: "No license shall be issued to any organization unless such applicant is an eligible organization under this Section and its application conforms to the requirements, terms and conditions and this Part." c) Section 3243c states: "A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Bingo Permit Regulations September 6, 1983 Page 2 Since the Congregation could not satisfy the application criteria until one yearlafter its relocation, the organization was informed that its application could not be accepted. Congregation B'Nai Israel has requested this provision of the code be amended (see attached letter). The ownership, or leasing of property on which bingo games are to be held and that the site must be used as the permanent office of an organization is as required in State law. However, the one-year occupancy requirement is not part of the State regulations. This provision does prevent "floating" games by any non-profit organizations authorized by law to conduct games. If the City Council believes it is appropriate to waive the one-year occupancy requirement for those organizations which move sites within the City, the following passage may be added to Section 3243c: "For those organizations which have a license in effect at the time of their relocation, the one-year period for reapplication is waived, provided, however, that the organization occupied their previous site for at least one (1) year." Senior Planner AGW:jh Attachments: Letter from Congregation B'Nai Israel dated August 9, 1983 13112 NE 'PORT A\'ENUE. SUITE H TUSTIN. eALIFORNk 92680 August 9, i983 The Honorable Ronald B. Hoesterey Mayor, City of Zustin 300 Centennial Way Tustin, California 92680 Dear Mayor Hoesterey: I am writing this letter to you and the City Council at the suggestion of City staff. Our Synagogue, Congregation B'nai Israel, has leased space for the past three years at 13112 Newport Avenue, Suite H, in Tustin (Packers Square). As you may be aware, we obtained a license from the City in 1980 to hold weekly bingo games to assist in our Congregational fund raising, and our license has been periodically renewed by the City since that time, in accordance with appropriate procedures. We are presently in the process of leasing a replacement facility for our Congregational use at 655 B Street. All application materials for conditional use, parking requirements, and the like, will be channeled through the Department of Community Development. However, staff informed us of the existence in the Bingo Ordinance of a provision which stipulates that an organization must have occupied its premises for twelve months before a bingo license may be granted. Apparently, this provision, upon interpretation by the City Attorney, would preclude the transfer of an existing license from one location in the City to another. Therefore, staff informed our members that an application could not be accepted from our Congregation to permit bingo at the new B Street location. Staff did, however, suggest that this provision in the ordinance was primarily intended to avoid the establishment of "floating" bingo games, and that in a case like ours the twelve-month prohibition may be less germane. We would fully expect, of course, that should our license be acceptable for transfer from one City location to another, the new location would have to comply with existing criteria for approval of charitable bingo games. Thus, we would respectfully request the Council to review the intent of the existing Ordinance and consider waiving the twelve-month occupancy restriction in cases where an existing licensee, having a superior record of compliance with all stipulations of the law, chooses to obtain new facilities and remain within the City of Tustin boundaries. The Honorable I~onald B. Hoesterey August 9, Ic~83 Page 2 of 2 We thank you for your consideration, and look forward to an expedient response to our concerns. Our lease of the lB Street facility is contingent upon several factors, one of which is the capability to retain our Tuesday night bingo game. We will likely be unable to move to our new quarters without the ability to continue our charitable fund raising endeavor. Sincerely, ~ // Michael I. Schneider Executive Vice President cc: Jay Witzling Dennis Itzkowitz Marsha Sklar