HomeMy WebLinkAboutORD 748 (1977) 389
ORDINANCE NO. 748
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTIONS 3242 AND 3244 OF THE TUSTIN
CITY CODE PERTAINING TO THE OPERATION OF BINGO
GAMES.
~ The City Council of the City of Tustin does hereby ordain as
4 follows:
~, 5 SECTION I: Subsection "a" of Section 3242 of the Tustin
6 City Code is amended to read:
~ "3242 LICENSE REQUIRED
8 "a Organization Eligible for City License
9 Organizations exempted from the payment of the bank and
10 corporation tax by Section 23701a, 23701b, 23701d,
11 23701e, 23701f, 23701g and 23701L of the Revenue and
1Z Taxation Code, mobilehome park associations and senior
~5 citizens organizations are eligible to apply for a
14 license to conduct bingo games within the City of
15 Tustin provided that the proceeds, with specified
16 exceptions, of such games are to be used only for
17 charitable purposes."
18 SECTION II. Subsection "e", subdivisions (7) and (8) of
~9 Section 3242 are amended to read:
Z0 "3242 LICENSE REQUIRED
Z1 "e Contents of Application
Z2 "Said application for a license shall contain the
~5 following:
24 , , ,
~5 "(7) The license fee that must accompany each applicatio
26 whether for an initial license or renewal, shall
27 be =as~set by ~esolUtion ; provided that, if an
28 application for a license is denied, 1/2 of the~app-
29 lication fee"Sh~ll-b~.r~funded'~to the"~pplicant.
50 "(8) The applicant shall also! submit, with its ap-
~1 plication, a Certificat~ or Determination of
~2 Exemption under Section 23701a, 23701b, 23701d,
390
1 23701e, 23701f, 237019 or 23701L, if applicable,
2 or a letter of good standing from the Exem~tion
~ Division of the Franchise Tax Board in Sacramento
4 showing such exemption."
5 SECTION III: Subsection "c" of Section 3244 is amended to
6 read as follows:
7 "c Bingo Games Conducted Only On Licensee's Property
8 "A licensee shall conduct a bingo game only on property
9 owned or leased by it, and which property isused by
10 such organization for an office or for performance of
~1 the purposes for which the organization is organized.
12 Nothing in this subsection shall be construed to
~3 require that the property owned or leased by the
14 organization be used or leased exclusively by such
15 organization. The license issued under this Part shall
~6 authorize the holder thereof to conduct bingo games
~7 only on such property, the address of which is stated
t8 in the'application. In the event the described prQperty
19 ceases to be used as an office and/or as a place f~r.
20 performance of the purposes for which the licensee is
21 organized, the license shall have no further force or
22 effect. A new license may be obtained by an eligible
25 organization, upon application under this chapter, when
24 it again owns or leases property used by it for an
25 office or for performance of the purposes for which the
26 organization is organized."
27 SECTION IV: Subsection "h" of Section 3244 is amended to
28 read as follows:
29 "h Hours of Operation
50 "No bingo game shall be conducted before 10:30 a.m. nor
51 after 11:30 p.m. of any day. Licensees shall not
2.
conduct more than two sessions of bingo per week, and
each session shall not exceed six hours in duration."
SECTION V: Subsection "j" of Section 3244 is amended to
read as follows:
"j Receipt or Payment of Profit - A Misdemeanor
"It is a misdemeanor under Section 326.5(b) of the
Penal Code of the State of California.for any person to
receive or pay a profit, wage or salary from any bingo
game authorized under this Part, a violation of which
is punishable by a fine not to exceed Ten Thousand
Dollars ($10,000.00), which fine shall be deposited in
the general fund of the City of Tustin."
SECTION VI: Subsection "k" of Section 3244 is amended to
read as follows:
"k Accounting and Audit
"The licensee shall keep full and accurate books of the
income and expenses received and disbursed in con-
nection with its operation, conduct, promotion, super-
vision and any other phase of bingo games which are
authorized by this Part. The City of Tustin, by and
through its authorized officers, shall have the right
to examine and audit such records at any reasonable
time and licensee shall fully cooperate with the City
of Tustin by making such records available."
SECTION VII: Subsection "L" is added to Section 3244 to
read as follows:
"L Profits to be Kept in a Separate Fund or Account
"With respect to organizations excempt 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
3.
11 account. Such proceeds shall be used only for
Z charitable purposes, except as follows:
~ "(1) Such proceeds may be used for prizes.
4 "(2) A portion of such proceeds, not to exceed
5 ten percent (10%) of the proceeds after the
6 deduction for prizes, or Five Hundred Dollars
V ($500.00) per month, whichever is less, may
8 be used for rental of property, overhead, and
9 administrative expenses."
10 SECTION VIII: Subsection "m" is added to Section 3244 to
11 read as follows:
18 "m Violations of this Part a Misdemeanor
13 "Any violation of this Part 4 relating to Bingo
14 Games not specifically provided for shall be a
15 misdemeanor."
16
17 PASSED AND ADOPTED at a regular meeting of the City Council,
18 City of Tustin, California, held on the5th day of December, 1977.
so .
~YOR
~8 ATTEST:
~5
~6
~8
~GR:sl
~1 10/8/77
T:9
, 4.
393
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RUTH C. ]?OE, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole n~n~ber of members of the City Council
of the City of Tustin is five; that the above and foregoing
Ordinance No. 748 was duly and regularly introduced and
read at a regular meeting of the City Council held on the
21s~ay of ~ovc~ber , 197,7 and was given its second
reading and duly passed and adopte~ at a regular meeting
held on the 5th day of_Dece~er 1977, by the
following vote:
AYES: COUNCILMEN: SHA~, %~LSH, EDGAR~ SALTA~LLI, SCHUSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
City Cler]~,_qity of Tustin, California
Publish Tustin New
December 15, 1977