HomeMy WebLinkAboutOrd. No. 1976-564i
ORDINANCE NO• 564
AN ORDINANCE OF THE CITY OF LAKE ELSINORE OF
P.IVEHSIDE COUNTY, CALIFORNIA, ADDING CIIAPTSR
5.29, TO TITLE 5, OF THE LAKE ELSINORE P'IUiVICIPAL
CODE, EidACTED UNDER SECTION lg OF ARTICLE IV, OF
THE CALIFORNIA STATE C0PdSTITUTIOIQ, AND PURSUAiVT
TO SECTION 326.5 OF THE PENAL CODE OF THE STATE
OF CALIFORNIA, ALLO[~IIIdG BINC=0 GAMES IN THE CITY
OF LAY.E ELSINORB FOR THE BENEFIT OF CHARITABLE
ORGANIZATIONS.
The City Council of the City of Lake Elsinore does
ordain as follows:
Section 1. That title 5 of the Lake Elsinore Municipal
Code be, and the same is hereby amended to title 5 by adding there-
to Chapter 5.2g to read a follows:
CHAPTER 5.29
BINGO GA_T4ES
Section 5.29.010, PURPOSE AND IN^lENT.
It is the intent and purpose of the City Council to i I
authorize the licensing of bingo games in the City of Zake Elsinore ~-
pursuant to Section lg, of Article IV of the State Constitution,
and Section 326.5 of the California Penal Code.
Section 5.?_9.020, BINGO-DEFINED.
Bingo means a game of chance in which prizes are awarded
on the basis of designated numbers or symbols on a card which
conform to numbers or symbols selected at random.
Section 5.29.030
ORGANIZATIONS ELIGIBLE FOR CTTY
LICENSE TO CONDUC^1 BIP1G0 GAMES.
Corporations, Community Chests Trusts, organized
and operated exclusively for religious, charitable, scientific,
testing for public safety, literary, or educational purposes; or
for the prevention of cruelty to children or animals, exempted
from the payment of the bank and corporation ,t ax by
-1-
_ T
~,
_...~ .. __. ~.....~.... .~r..~....~~.. ~,._~~~,,..~..,~._v.._,,...:...~....:.:. _ , ,
Section 23701(d) of the Revenue and Taxation Code, and a
contribution under Section 170(c), and also, (2) of the Internal
Revenue Code of 1854, are eligible to apply to the City for a
license to conduct bingo games in the City under the provisions
of Section 326.5 of the Penal Code, and the provisions of this
Chapter.
Section 5.29.040, APPLICATION FOR LICENSE.
Eligible organizations desiring to obtain such license
to conduct bingo games in the City of Lake Elsinore shall file
an application in writing therefore, in the office of the City
r~T.anager, on a form to be provided by the City Manager. The
issuing authority shall be the City Manager. The license issued
shall be for a term of one year from the date of issuance, subject
to renevral and annual fee.
Section 5.29.050, APPLICANT ~4UST BE QUALIFIED.
Dio license shall be issued to any organization unless
such applicant is an eligible organization under Section 5.29.030,
and its application conforms to the requirement, terms and conditions
of this chapter.
Section 5.2.9.060, CONTENTS OF APPLICATION.
Said application for license shall contain the follocaing:
(1) The name of the applicant organization, and a
statement that the applicant is an eligible
organization under Section 5.29.030..
(2) The name. and signature of at least two (2) officers,
including the presiding officer, of the corporation,
or Community Chest, and. the Trustee of any Trust.
(3) The particular property within the. City of Lake
I
Elsinore, including the street number, owned or
_,
leased by the applicant, used by such applicant
-2-
for an office, or for performance of the
purposes for which the applicant is organized,
on vrhich property bingo games will be conducted,
together with the occupancy capacity of such --
place.
(4) The proposed days of weeks and hours of day for
conduct of bingo games.
(5) That the applicant agrees to conduct bingo games
in strict accordance with the provisions of
Section 326.5 of the Penal Code, and this chapter,
as they may be amended from time to time, and
agrees that the license to conduct bingo games
may be revoked by the City Manager, upon violation
of any of .such provisions.
(6) Said application shall be signed by the applicant
under penalty of perjury.
-~
(7) The annual license fee fixed by the City Council
by resolution shall accompany the application.
(8) The applicant shall also submit, with its application,
a certificate or determination of exemption under
Section 23701(d), of the Revenue and Taxation Code,
or a letter of good standing from the Exemption
Division of the Franchise Tax Board in Sacramento,
showing exemption under said Section 23701(d).
Section 5.29.070, THE INVESTIGATION OF APPLICANT.
Unpon receipt of the completed application and the fee,
the City D4anager shall refer the same to interested departments of
the City, including but not limited to, City Attorney, Sheriff
Department, and the Fire Department, for investigation as to
-3-
whether or not all of the statements in the application are true,
and whether or net the property of the applicant qualifies and
the extent to which it qualifies, as property on which bingo
games may lawfully be conducted, as to fire, occupancy, a.nd
other applicable restrictions.
Section 5.29.080, CONTENTS OF LICETdSE.
Upon being satisfied that the applicant is fully
qualified, under the latia, to conduct bingo games in the City,
the City P4anager shall issue a license to aid applicant, which
shall contain the following information:
(1) The name and nature of the organization to whom the
license is issued.
(2) The address ~rhere bingo games are authorized to be
conducted.
(3) The occupancy capacity of the room in which bingo games.
are to be conducted.
(4) The date of the expiration of such license.
(5) Such other information as may be necessary or
desirable for the enforcement of. the provisions of
this chapter.
Section 5.29.090, SUMMARY SUSPEP7SION'OF LICENSE PENDING
OPPORTUNITY FOR HEARING--MISDEMEADIOR TO CONTINUE AFTER SUSPENSION--
ovirnnnmrnnT
(a} :^lhenever it appears to the City P9anager that the licensee
is conducting a bingo game in violation of any of the provisions of
this chapter, the City Manager shall have the authority to summarily
suspend the license and order the licensee to immediately cease and
das9.st any further operation of any bingo game.
(b) Any person who continues to conduct a bingo game after any
summary suspension thereof under subsection (a) shall be deemed
-4-
A
.:
_~.~~.,.x~. _~.., _.~..__~w.~.~_..._._.._...., _ ..~.~,.,, .~ .W .~ ~. , ~...~....~ ~;~.~.,.~.~~.~.~
guilty of a misdemeanor and upon conviction thereof, shall be
punishable by a fine not .exceeding X500.00 or b,y imprisonment in
the County jail for a period not exceeding six months, or by both
such fine and imprisonment. ~
- i
(c) The order issued under subsection (a) shall also notif:~~_~
the licensee that it shall have five days from the date of such
order to request a hearing to determine whether such license shall
be revoked. Failure to request, in writing, such hearing before
the City P+Ianager within said five-day period, shall result in a
revocation of the license.
(d) Upon such request by the licensee, whose license has been
suspended under subsection (a), for a hearing to determine whether
such license shall be revoked, the City Manager shall provide such
hearing within ten days after receipt of such request at which
hearing the suspended licensee may appear before the City Manager
for the purpose of presenting evidence why the license should not
be revolted. ~1o license shall be revolted. under this section unless
notice of the time and place of such hearing shall have. first been
given at least five days before the hearing thereof by depositino•
in the United States mail a notice directed to said suspended
licensee at the address given in the application. The notice
shall set forth a summary of the ground advanced as the basis of
the suspension and revocation.
(e) Any organization whose license is revoked under this
section shall not conduct an,y bingo game in the Gity,until such time
as the City Council, on appeal, determines to overrule the deci-
sion of the City "Manager.
Section 5.29.100; REVOCATION OF LICEDISE - ALTERNATIVE -
PROCEDUR ~~
(a) ~dhenever it appears to the City P~anager that the licensee
-5-
is conductin; bingo games in violation of any of the provisions of
this chapter, or that the license was obtained by fraudulent
representatior. and no summary suspension is ordered, under Section
5.29.080, the license may be revoked.; provided, however, the licensee
may appear before the City I,^,a.nager at the time fixed by the City
~_
i,anager, fcr the pupose of presenting evidence why the license
should not be revoked. ido license shall be revoked under this
section unless ti~rritten notice shall have first been given at least
five days before the hearing thereof by depositing in the United
States mail a notice directed to said licensee at the address given
~in the application. The notice shall set forth a summary of the
ground advanced as the basis of the revocation.
(b) Any organization whose license is revoked under this sec-
tion shall not conduct any bingo game in the City until such time
as the City Council, on appeal, determines to overrule the decision
of the -0 ity Manager.
Section 5.29.110, APPEAL OF REVOCATIOIQ TO CITY COUNCIL.
- (a) Any holder of a license whose license is revoked under
this chanter shall have the right, within tem (10) days after
receiving notice in wribing of the revocation, to file a written
appeal to the City Council. Such appeal shall set forth the specific
ground or grounds on which. it is based. The City Council shall hold
a hearing on the appeal within thirty (30) days after its receipt.
by the City, or at a time
the appellant to be given
of such hearing. At the
representative shall have
~rritt-an or oral argument,
determinatibh of the City
thereafter agreed upon and shall cause
at least ten (10) days written notice
tearing the appellant or its authorized
the right to present evidence and a
or both, in support of his appeal. The
Council on the appeal shall be final.
-6-
.ve..m,mntrr .ul.~+.w...s:rawm...+eve»bu~,v.,..sw».~.
(b) Any organization whose license is finally revoked may;
not again apply for a. license to conduct bingo games in the City of
Lake Elsinore. for a period of one year from the date of such revo-
cation; provided, .however, if the ground for revocation is cancellation
~_
of the exemption granted under Section 23701(d) of the Revenue and
i
Texation Code, such organization may again apply for a license upon proof..
of reinstatement of said exemption.
Section 5,29.120, MAXIMUM AMOUNT OF PRIZE.
The total value of prizes awarded during the conduct of
any bingo games shall not exceed two hundred fifty dollars 0250)
in cash or kind, or both, for each separate game which is held.
Section 5.29.130, PROFITS TO BE KEPT IN SEPARATE FUND
OR ACCOUIQT.
All profits derived from a bingo game shall be kept.in a speciac
fund or account and shall be kept in a special fund or account and shall
not be co-mingled with any other fund or account. The licensee shall
keep full and accurate record of the income and expenses received and, i
disbursed in connection with its operation, conduct, promotion, super
vision and any other phase of bingo games which are authorized by this
chapter, The City, by and through its authorized officers, shall have.
the right to examine and audit such record at any reasonable time
and licensee shall fully cooperate with the City by making such record
available. -
Section 5.29.140, FIidANCIAL INTEREST IN LICENSEE ONLY.
No individual, .corporation, partnership, or other legal entity"
except the licensee shall hold a financial interest in the conduct of
such bingo game.
.Section 5.29.150, .EXCLUSIVE OPERATION BY LICENSEE.
A bingo game shall be operated and staffed only b,y members. ~
of the licensee organization. Such members shall not receive a profs
-7-
wage, or salary from any bingo game. Only the licensee shall
onera.te such game, or participate in the promotion, supervision
or any other phase of such game.
-~ Section 5.2g.1o0, BINGO GAMES OPEN TO PUBLIC.
;_ All bingo games shall be open to the public, not just
to the members of the licensee organization.
Section 5.29.170, ATTENDAi'dCE LIMITED TO OCCUPANCY
CAPACITY.
Notwithstanding that bingo games are open to the public,
attendance at any bingo game shall be limited to the occupancy capacity
of the room in which such game is conducted as determined by the
Fire Department and Building Department of the City in accordance
with applicable laws and regulations.' Licensee shall not reserve
seats or space for any person.
Section 5.28.180, BINGO GAMES CONDUCTED ONLY ON
LICEAISEE'S PROPERTY.
i-,
A 13censee shall conduct a bingo game only on property
owned or leased by it, and which property is used by such organization
for an office or for performance of the purposes for which the organi-
nation is organized. The license issued under this chapter shall
authorize the holder therof to conduct bingo games only on such
property, the address. of which is stated in the application. In
the event the described property ceases to be used as an office and
as a place for performance of the purposes for which the licensee
is organized, ;he 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 or leases pro-
perty used b;~ it for an office or for performance of the purposes
for :which the organization is organized..
-8-
Section 5.29,190, MINORS NOT TO PARTICIPATE.
P7o person under the age of eighteen (18) years of age
shall be alloi~red to participate in any bingo game.
Section 5.29.200, IIQTOXICATED PERSONS NOT TO PARTICIPATE.
IQo person saho is obviously intoxicated shall be allotaed to ~
,--
participate in a bingo game.
Section 5.29.210, HOURS OF OPERATION.
No licensee shall conduct any bingo game more
than six hours out of any twenty-four period. No bingo game
shall be conducted before 10 a.m. nor after 2 a.m, of any day.
Section 5.29.220, PARTICIPANT MUST BE PRESENT.
IQo person-shall be allowed to participate in a bingo game,
unless the person is physically present at the tine and place in
which the bingo game is being conducted,
Section 5.29.230, RECEIPT OF PROFIT BY A PERSONA
I~IISDEIQEANOR UNDER STATE LAI~1.
It is a misdemeanor under Section 326.5(b} of the Penal
Code of the State of California for any person to receive a profit,
:rage, or salary from any bingo game authorized under this chapter,
a violation of vrhich is punishable by a fine not to exceed ten
thousand dollars 0 10,000.00), vrhich fine shall be deposited in the
general fund of the City of Lake Elsinore.
Section 5.29.240, CITY MAY ENJOIN VIOLATION.
The City of Lake Elsinore may bring an action in a
court of competent jurisdiction to enjoin a violation of Section
32b.5 of the Penal Code or. of this chapter.
Section 5.29.250, SEVERABILITY.
If any section, subsection or portion of this chapter
is for any reason held to be invalid or unconstitutionalbythe
decision of any court of competent jurisdiction, such decision
-9-
`. {
,~
shall not affect the validity of the remaining portion of this
c'~apter. `Phe City Council hereby declares that it would have adapted
t~is chanter and each section, subsection or portion thereof, ir-
i respective of the fact that any one or more sections, subsections
- or portion be declared invalid or unconstitutional.
Section 2. PUBLICATION.
This ordinance shall be published and become effective
as provided by law.
PASSED AND ADOPTED this 13th day of September ~ 1976,
CITY Clerk of the City of Lake Elsinore
SIGNED AND APPROVED this day of September 1976.
or the viLy
-10-
I