HomeMy WebLinkAboutOrd. Nos 1976-561-566~~
ORDINANCE NO. 561
AN ORDINADICE OF THE CITY OF LAKE ELSINORE, CALI-
FOI2DIIA, ADOPTING THE LAKE ELSINORE MUNICIPAL CODE
WHEREAS, the California State Legislature has provided for
~ the codification and publication of the permanent and general ord-
.
~- finances of cities in Sections 50022.1--50022.8 and 50022.10 of the
Government Code; and
WHEREAS, the Book Publishing Company, Seattle, Washington,
has compiled, edited and published a codification of the permanent
and general. ordinances of the City of Lake Elsinore, California; and
WHEREAS, there have been filed and there are now on file
in the Office of the City Clerk, for public inspection, three copies.
of a document entitled "Lake Elsinore Municipal Code," together with
three copies of each of the secondary codes therein adopted by
reference;
SECTION 1. Adoption. Pursuant to the provisions of Sec-
tions 50022.1--50022.8 and 50022.10 of the Government Code,, there is
hereby adopted the "Lake Elsinore Municipal Code: as published by the
Book Publishing Company, Seattle, Washington, together with those
secondary codes adopted by reference as authorized by the. California
State Legislature, save and except those portions of the secondary
codes as are deleted or modified by the provisions of the "Lake
Elsinore Municipal Code."
SECTION 2. Title--Citation--Reference. This code shall be
known as the "Lake Elsinore Municipal Code" and-~it shall be sufficient
to refer to said code as the"Lake Elsinore Municipal Code" in any
.prosecution for the violation of any provision thereof or in any pro-
ceeding at law or equity. It shall be sufficient to designate any
ordinance adding to, amending, correcting or repealing all or any part
or portion thereof as an addition to, amendment to, correction or
repeal of the "Lak_e Elsinore Dunicipal Code." Further reference may
be had to the titles, chapters, sections and subsections of the "Lake
Elsinore Municipal Code" and such references shall apply to that
numbered title, chapter, section or subsection as it appears in the
code.
SECTION 3. Codification Authority. This code consists of
all the regulatory and penal ordinances and certain of the adminis-
trative ordinances of the City of Lake Elsinore,-California, codified
pursuant to the provisions of Sections 50022.1--50022,8 and .50022.10
of ±he Government Code.
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SECTION ~. Ordinances passed prior to adoption of the code.
The last .ordinance included in this code was Ordinance No_ 558, passed
on September 18, 1975. The following ordinances, passed subsequent. to
Ordinance 558, but prior to adoption of this code, are hereby adopted
and made a part of this code. Ordinances 559 and 560.
SECTION 5. Reference applies to all amendments. Whenever
a reference is made to this code as the "Lake Elsinore Municipal. Code"
or to any portion thereof, or to any ordinance of the City of Lake
Elsinore, California, the reference shall apply to all amendments,
corrections and additions heretofore, how or hereafter made..
SECTION 6. Title, chapter and section headings. Title ,
chapter and section headings contained herein shall not be .deemed to
govern, limit, modify or in any manner affect the scope, meaning or
intent of the provisions of any title, chapter or section hereof.
SECT'iON 7. Reference to specific ordinances. The provis-
ions of this code shall not in any manner affect matters of record
which refer to, or are otherwise connected with ordinances which are .
therein specifically designated by number or otherwise and which are
included within the code, but such reference shall be construed to
apply to the corresponding provisions contained within this-code. -,
SECTION 8. Effect of code on past actions and obligations. I
Neither the adoption of this code nor the repeal or amendment hereby
of any ordinance or part or portion of any ordinance of the City
shall in any manner affect the prosecution for violations of ord-
finances, whfich violations were committed prior to the effective date
hereof, nor be construed as a waiver of any license, fee, or penalty
at said effective date due and unpaid under such ordinances, nor be
construed as affecting any of the provisions of such ordinances re-
lacing to the collection of any. such license,;_fee, or penalty, or ,_._ _
the penal provisions applicable to any violation. thereof, nor to -- -
affect the validity of~any bond or cash deposit in.li:eu-thereof re-
qufired to be posted, filed or deposited pursuant to any ordinance
and all rights and obligations thereunder appertaining shall continue
in full force and effect.
SECTION 9. Effective date. This code shall become effective
on the date the ordinance adopting this code as the "Lake Elsinore
Punicipal Code" shall become effective. ~_~
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Ordinance No. -3-
SECTIO?; 10. Constitutionality. If any section, subsection,
sentence, clause or phrase of this code is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this code. The Council hereby declares
i-I that it ~~~ould have passed this code, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases
had been declared invalid or unconstitutional, and if for .any reason
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this code should be declared invalid or unconstitutional, then the
original ordinance or ordinances shall be in full force and effect.
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PASSED AND ADOPTED this 26th day of Aprii , 1976.
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Signed:
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s/Frank L. DePasquale - '
Attest:
s/Florene Marshall
3 ~ City Cierk
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ORDINANCE ND. 56z
AN ORDINA,'gCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA; REPEALING ORDINANCE N0. 460 AND
ENACTING A NEW ORDINANCE,, BEING SECTION 1 OF
ORDINANCE NO. 420 PERTAINING TO MINERAL WATER
.RATES, HEREINAFTER TO BE REFERRED TO AS 13.04.010
OF THE MUNICIPAL CODE; AND REPEALING ORDINANCE NO.
544 AND ENACTING A NEW ORDINANCE PERTAINING TO
SECTION 2 OF ORDINANCE. N0. 420 RELATING TO POTABLE
WATER RATES, HEREINAFTER TO BE REFERRED TO AS
13.04.020 OF THE MUNICIPAL CODE AND .DECLARING
THIS ORDINANCE TO BE AN EMERGENCY.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AS FOLLOWS:
SECTION 1: Ordinance No. 460 is hereby repealed and a
new Section 1 to Ordinance No. 420 is hereby enacted, which shall
be referred to as 13.04.010 of the Municipal Code, which shall read
as follows:
" 13.04.0'10 Rates -- Mineral'Water. The rate per month
to be charged and paid by the consumer using mineral water of
the city is established on the following rates:
A. Charge for connection to the city mineral water ,
system meter and two valves Time and Material ,
B. Minimum charge per month for each
user for the first seven hundred cubic feet $6.50
C. Charge per month for each user for
each one hundred cubic feet or fraction
thereof excluding the first seven hundred
cubic feet used .65
SECTION 2: Ordinance No. 544 is hereby repealed and a new
.ordinance pertaining to Section 2 of Ordinance No. 420 is hereby
enacted which shall be referred to as 13.04.020 of the Municipal Code,
which shall read as follows:
13.04.020 Rates -- Potable Water. The rate per month to._
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be charged and paid by consumers using potable water of the ~
city is hereby established on the following rates:
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A. The Minimum Charge and Maximum Cubic .Feet of
Glater Allo:ved.
1. The minimum charge per user, with a
three-fourths-inch meter, for the first seven hundred
cubic feet of water or fraction thereof shall be in
the sum of $6.50
2. The minimum charge per user, with a
one-inch meter, for the first one thousand five
hundred cubic feet of water or fraction thereof
shall be in the sum of 11.70
3. The minimum charge per user, with a
one and one-half-inch meter, for the first two
thousand five hundred cubic feet of .water or
fraction thereof shall be in the sum of 18.20
4. The minimum charge per user., with-
a two-inch meter, .for the first three thousand
five hundred cubic feet of water or fraction
thereof shall be in the sum of 23.70
5. The minimum charge per. user, with
a three-inch meter, for the first five thousand
cubic feet of water or fraction thereof shall:
be in the sum of 30.45
6. The minimum charge per user, with a
.four-inch meter, for the first ten thousand
cubic feet of water or fraction thereof shall
be in the sum of 48.70
7. The minimum charge per user, with a
six-inch meter, for the first twenty-five thousand
cubic feet of water or fraction thereof shall be in
the sum of 101.45
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B. Schedule of Meter Size Minimum Charge and Maximum
Water Allowed Under Minimum Charge.
Maximum Cu. Ft, of
Domestic and Industrial Minimum Charge Water Allowed under
Meter Sizes Per Month' Minimum Rate
3/4 inch $ 6.50 700 ~^
1- inch 11..70 1,500
1-1/2 inch 18.20 2,500
2- inch 23.70 3,500
3- inch 30.45 5,000
4- inch 48.95 10,000
6- inch 101.45 25,000
C. Any excess water over and above the cubic feet
allowed under the minimum charge shall be as herein set
forth:
1. The charge per one hundred cubic feet or fraction
thereof over the maximum amount of water allowed under the
minimum charge to three thousand cubic feet of water shall. ~
be in the sum of $ .155
2. The charge per one hundred cubic feet or
fraction thereof over the maximum amount of water allowed
under the minimum charge in excess of three thousand cubic
feet of water up to six thousand cubic feet of water shall
be in the sum of .4b
3. The charge per one hundred cubic feet or
fraction thereof over the maximum amount of water allowed
under the minimum charge in excess of six thousand cubic
feet of water shall be in the sum of .35
SECTION 3: This Ordinance is determined to be for the
protection of the public health, safety and general welfare for the
reason there exists in the City water rates which are insignificant ~-
to raise the necessary revenues within the Water Department to meet
the bond retirement, interest and operational costs and this Ordinance
is necessary to raise said revenues to meet said obligations and
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this Ordinance is therefore declared to be an emergency measure and
shall take effect upon the commencement of the first billing cycle
follo<aing its adoption.
SECTION ~: The City Clerk is hereby ordered and directed
to certify the passage of this Ordinance and said Ordinance shall
take effect upon the commencement of the first billing cycle following
its adoption as it is declared to be an emergency Ordinance.
ADOPTED by the Mayor and City Council and signed by the
Mayor and attested to by the Clerk of the City this "iota day. of
May, 1976.
s/Franlt L. DePasqual'e
Mayor o the City o a e E sinore
ATTEST:
:./Florene Marshall
City Clerk of the City of Lake E sinore
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ORDINANCE NO .' 563
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI-
FO°.~dIP_, REPEALING ORDINANCE NO. 545, AND ENACTING
A NEW SECTION B OF ARTICLE 5 OF ORDINANCE NO., 361,
HEP,EINAFTER TO BE DESIGNATED AS 13.16.170 OF THE
LA;E ELSINORE MUNICIPAL CODE; AND DECLARING THIS
TO BE ADI EMERGENCY ORDINANCE TO BE EFFECTIVE IMMLE-
DIATELY UPON ITS ADOPTION.
THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA,DO ORDAIN AS FOLLOWS:
Section 1: Ordinance No. 545 is hereby repealed and
there is hereby enacted Section B of Article 5 of Ordinance No.
361, which hereafter shall be designated as 13.16.170 of the Lake
Elsinore Municipal Code, and which-shall read as follows:
"13.16.170 Rates Designated
A. Single Family Residences:
For each single family residence there shall be a
sewer charge of $4.00 per month.
B. Multiple Family Residences:
(1) For each duplex there-shall be a sewer charge in
the sum of $3.50 per month per unit.
(2) -For each triplex there shall be a sewer charge in
the sum of $3.25 per month per unit.
(3) For each fourplex or apartments there shall be a
sewer charge in the sum of $3.00 per month per unit.
C. Condominiums, Cooperatives, and Mobile Home Parks:
The monthly sewer charge for condominiums, .cooperatives,
and mobile home parks shall be on the same basis as the
monthly charges are for multiple family residences as above
set forth.
D. Boarding and Rooming Houses:
For each boarding or rooming house there shall be a sewer -~ ,
charge in the sum of $4.00 per month plus $2.00 per month I_i
per room.
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E. Commercial - Industrial, Hotels, Motels, Auto Courts,
Campgrounds and Trailer Parks:
(1) For all commercial - industrial, hotels, motels,
auto courts, campgrounds and. trailer parks there
shall be a monthly charge for each unit of use as
follows:.
(a) One (1) unit of use shall have a sewer charge
of $4.00 per month.
(b) Two (2) units of use shall have a sewer charge
of $3.50 per month per unit of use.
(c) Three (3) units of use shall have a sewer charge
of $3.25 per month per unit of use.
(d) Four (4) or more units of use shall have a sewer
charge of $3.00 per month per unit of use.
(2) Unit of Use.
A unit of use-for the purpose of computing the monthly
sewer charge is 1000 cubic feet (or fraction thereof)
per month of domestic water delivered to the premises
of the commercial - industrial, hotel, motel, auto
court, campground or trailer park enterprise.
(3) Exception.
Where an enterprise described above uses, in the opinion
of the City Manager, an excessive percentage of .-<
domestic water delivered '-o it fox ~lr conditioning,
landscaping or other purposes not resulting in sewage
transportation ~.. treatment requirements, the City
Manaac,~ anall make a determination of the sewer charge
ay making a comparison with similar enterprises and
reviewing water consumption records and ~':..1"~ -`=~CUpon
set the rate `tor ea^` lj~~A~. ,. =-~~ion ar enterprise.
The determination by the City Manager of said sewer
charges shall be final unless the assessed persons
shall within 1G days from said determination by the
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City Manager of said charges said person appeals
the decision to the City Council The determination
thereupon shall be final.
F. Schools:
For each school there shall be a sewer
month for the average daily attendance
ing a grammar school and $.15 per mont
daily attendance of students attending
G. In the event that more than one of the
charge of $.ZO per
of students attend-
1 for the average
a junior high school.
above classifications
-are present in a property with a single sewer lateral
.connection (for instance, mobile homes and trailers) the
City Manager shall make a determination of the sewer charge
by making a comparison with similar operations and reviewing
water consumption records and shall thereupon set the rate
for each user or operation. The determination by the City
Manager of said sewer charges shall. be final unless the
assessed persons shall within l0 days from said determina-
tion by the City Manager of said charges said person appeals
the decision to the City Council. The determination thereupon
shall be final.
H. In the event that any of the above classifications are not
using City water the City Manager shall make a determination
of the sewer charge by making a comparison with similar
operations and reviewing water consumption records and
shalom •~ ,~reupon set the rate for each user or operation.
The determinati~r. ~v the City Manager of said sewer .charges
shall be final unless ti:~: assessed persons shall within
10 days from said determination ~,~ the City Manager of
said charges said person. appeals the ~:~cisi.on to the
^~+.v Council. The determination thereupon shall be mow,. "I
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Section 2: This ordinance is determined to be an
emergency ordinance r"or the health, safety and welfare of the City
of Lake Elsinore for .the reason that the sewer charges are inadequate
to pay the costs of operation of the sewage system and that this
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ordinance shall .take effect immediately upon its adoption..
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.Section 3: The City Clerk is hereby ordered and directed.
to certify-the passage of this ordinance which shall take effect
upon its adoption as it is declared to be an emergency ordinance.
ADOPTED by the Mayor and City Council and signed by the
Mayor and attested to by the Clerk this 2~th day of May, 1976.
slErank'li. DePasqu9le'
Mayor o t e City o La e E sinore
ATTEST:
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s/L~'lorene Marshall
City C er of t o City o La e E sinore
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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
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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
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Elsinore, including the street number, owned or
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leased by the applicant, used by such applicant
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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.
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(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
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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--
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(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
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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. ~
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(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
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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
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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.
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(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
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of the exemption granted under Section 23701(d) of the Revenue and
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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
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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.
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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..
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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 ~
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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
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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
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I
ORDNANCE N0. 6~
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING TO CHAPTER 10.16, TO .TITLE
10, A ATEPI SECTION DESIGNATED AS SECTION 10.16.150,
PERTAINING TO SEVENTY-TWO HOUR PROHIBITED .PARKING
ON PUBLIC STREETS AND ALLEYS.
The City Council of the City of Lake Elsinore does
ordain as follows:
Section 1. .That title 10 of the Lake Elsinore
Municipal Code be, and the same is hereby amended by adding
to Chapter 10,16, a new section designated as Section 10.16.150
to read as follows;
"V PROHIBITED PARKING-SEVENTY-TWO HOURS
10.16.150, Prohibited Parkin
(a) It shall be unlawful for any person who
owns or has possession, custody or control of any.
vehicle to park such vehicle upon any street or
alley for more than a consecutive period of seventy-
two hours.
(b) In the event a vehicle is parked or left
standing upon a street or alley in excess of a
consecutive period of seventy-two hours, a member
of the police depar-tment or a member of a law
enforcement agency of the City. may remove, the
vehicle from the street in the manner and subject
to the requirements of the California Vehicle Code.°
Section 2. Publication.
This ordinance shall be published and become effective as
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provided by law.
AN ORDINANCE OF THE CITY -0F LAKE ELSINORE,
CALIFORNIA., ADDING TO CHAPTER 8.12, TO TITLE
8, A NEW SECTION DESIGNATED AS SECTION 8.12.080,
PERTAINING TO THE PAYMENT OF FEES TO THE HEALTH
_ OFFICER FOR THE INSPECTION AND POSTING IN
RESTAURANTS.
The City Council of the City of Lake Elsinore does
ordain as follows:
Section 1. That Title 8 of the Lake Elsinore Municipal
Code be, and the-same is hereby amended by adding to Chapter
8.12, a new section designated as Section 8.12.080, to read
as follows:
"8.12.'080. FEES - PAYABLE IN ADVANCE.
No person shall operate a restaurant without having
a receipt issued by the health officer evidencing
that there has been paid in advance all applicable
_fees for the particular period of restaurant
-~ operation, which fees are then currently prescribed
!_~ by Ordinance, or Resolution, or other official
action of the legislative body having jurisdiction
(including the City Council and the Riverside County
Board of Supervisors, as appropriate), or as
prescribed by state law or regulation, the purpose
of which fees is to defray expenses of the health
officer and others in enforcing laws-and regulations
relating to public health. Applications for such
receipts shall be made to the health officer upon.
the form provided, accompanied by the applicable fees
currently computed by the health officer. A receipt
may be issued at any time during the year, but all
receipts shall apply to a period which shall expire
on the following 31st day of December, and renewals
of such receipts shall be obtained within 30 days
thereafter. If the receipt is not renewed within
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„ . ;~.
.c
receipt where he feels that the proposed or
existing restaurant operation fails to comply with
.the minimum requirements of the laws and regulations
of the State of California relating to public health,
and with the local Ordinances on the same subject;
provided, however, that in such event the health
officer shall retain a portion of the fee accompanying
the application in an amount necessary to defray the
costs of inspection already accomplished. In this
latter event, a receipt shall be issued for the
amount of the money retained, but such receipt shall
.not entitle the applicant to operate or continue to
operate the restaurant involved,"
Se'ct'ion 2, This Ordinance shall be in full force and
effect 30 days after its passage.
Section 3. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause same to
be published in a newspaper in accordance with the provisions of
law.
ADOPTED this 8th .day of November, 1976.
.. ............................
c~Fra nk T naDacmialo
ATTEST: Mayor of the City of Lake Elsinore
~~R1~ranFwia shall
City Clerk of the City of Lake Elsinore
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