Loading...
HomeMy WebLinkAboutOrd. No. 2010-1274ORDINANCE NO. 1274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.48, SECTIONS 5.48.010, 5.48.020, 5.48.030, 5.48.040, 5.48.110, AND 5.48.210 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING BINGO WHEREAS, nonprofit organizations provide important and essential educational, philanthropic, and social services to the community; and WHEREAS, many such services would not be available if nonprofit organizations did not provide them; and WHEREAS, there is a need to provide methods of fundraising to nonprofit organizations to enable them to provide these essential services; and WHEREAS, historically, many nonprofit organizations have used charitable bingo as one of their key fundraising strategies to promote the mission of the charity; and WHEREAS, the California Legislature has authorized local agencies to allow remote caller bingo games within that agency's jurisdiction so long as the agency adopts an ordinance under Section 19 of Article IV of the California Constitution allowing such remote caller bingo game be played and conducted only in accordance with applicable provisions of the Penal Code. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Section 5.48.010 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 5.48.010 Permitted for certain organizations A. Pursuant to the conditions and restrictions of California Penal Code Section 326.5 and this Chapter, bingo shall be permitted to be played in the City for the benefit of organizations included by the provisions of Penal Code Section 326.5(a). B. Pursuant to the conditions and restrictions of California Penal Code Sections 326.3 and 326.4 and this Chapter, remote caller bingo shall be permitted to be played in the City for the benefit of organizations included by the provisions of Penal Code Section 326.3(b). Ordinance No. 1274 Page 2 of 5 SECTION 2. That Section 5.48.020 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 5.48.020 Definitions 'Bingo' means a game of chance in which prizes are awarded on the basis of designated numbers of symbols on a card which conform to numbers or symbols selected at random. It shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend: "For sale or use only in a bingo game authorized under California law and pursuant to local ordinance." "Remote caller bingo" or "remote caller bingo game" means a game of bingo link anv of its in-state facilities for the purpose of transmitting the remote calling of a live bingo game from a single location to multiple locations owned leased or rented by that organization. SECTION 3. That Section 5.48.030 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 5.48.030 License - Required A. No bingo shall be played without a valid and unexpired license. B. Only those organizations set forth in Penal Code Sections 326.3 and 326.5 are eligible to apply for a bingo license. Eligible organizations shall file a written application for a bingo license with the City on a form provided thereby. C. The license issued shall be for a term of one year from the date of issuance, subject to renewal and annual fee. D. A license issued to an organization set forth in Penal Code Section 326.3 allowinq for remote caller bingo shall be subject to the following conditions: 1. Bingo games shall not be conducted by any licensee on more than two days during any week, except that a licensee may hold one additional game at its election, in each calendar quarter. 2. The licensed organization is responsible for ensuring that the Ordinance No. 1274 Page 3 of 5 SECTION 4. That Section 5.48.040(A)(5) of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: a. A statement that the applicant agrees to conduct bingo in strict accordance with the provisions of California Penal Code Sections 326.5 and this Chapter, as either may be amended from time to time. b. With respect to remote caller bingo an additional statement that the applicant also agrees to conduct bingo in strict accordance with the provisions of c. A statement that the applicant agrees that the license may be revoked by the City upon violation of any such provisions 5.48.030 License - Required. SECTION 5. That Section 5.48.110 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 5.48.110 Maximum amount of prize Except as may be provided pursuant to Section 5.48.010(6) herein, the total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. SECTION 6. That Section 5.48.210 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 5.48.210 Participant must be present. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place where the remote caller bingo game is being conducted. A person shall be deemed to be physically present at the place the locations participating in the remote caller bingo game in accordance with this Chapter. SECTION 7. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 8. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as may be designated by the City Council. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. Ordinance No. 1274 Page 4 of 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 23`d day of March 2010. MELISSA MELENDEZ, MAYO CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: k4ut ZAZA&I B RBARA ZEI LEIBOLD CITY ATTOR EY Ordinance No. 1274 Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No.1274 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 9th day of March 2010, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 23rd day of March 2010 by the following roll call vote: AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA, MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE CAR C WLEY e'- ' INTERIM CITY CL K