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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 5 The City Council of the City of Tustin does hereby ordain as 6 follows: 7 1. Paragraph b of Section 3242 of the Tustin City Code is 8 hereby amended to read as follows: 9 b Application for License 10 Eligible organizations desiring to obtain a license 11 to conduct bingo games in the City of Tustin shall file 12 an application in writing therefor in the office of the 1S Director of Community Development on forms provided by 14 the Director of Community Development. The issuing 15 authority shall be the Director of Community Development. 16 Application for a bingo license shall not be filed unless 17 the applicant is a qualified organization which has for 18 at least twelve (12) months immediately preceding the 19 filing of such application owned .or leased the property 20 within the City of Tustin upon which bingo games are 21 proposed to be conducted and such property has been used 22 by the applicant during said period for purposes for 25 which it is organized, provided, however (1) that any 24 organization which has held a valid bingo license for 25 premises within the City of Tustin for at least one (1) 26 year and relocates to new premises within the City of 27 Tustin, shall not be disqualified from receiving a bingo 28 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, 2 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: 3 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 15 C 16 18 19 JGR:rr:R:3/5/90(A22.cas) 20 21 25 4 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