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O 159 C.S. . /'-- I ,~,: - . Dr )()T 7./1 I< C ORDINANCE NO. 159 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPTER 12 TO TITLE 5 THEREOF TO PROVIDE FOR LICENSING AND REGULATIONS FOR BINGO GAMES WITHIN SAID CITY. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 12 is added to Title 5 of the Arroyo Grande Municipal Code to read as follows: Sect i on 5-12.01 Bingo Game Defined. "Bingo" or "bingo game" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which confonn to numbers or symbols selected at random. ! Section 5-12.02 License Required. No bingo game shall be allowed, or played or conducted without a license first being obtained from the City. Licenses shall be effective only for a calendar year or part thereof in which issued. Section 5-12.03 Licenses; Applications; Form. An application for a bingo license shall be filed in the Office of the Finance Director. (a) All app Ii cants sha II fill out a "Bus i ness Li cense" app I i cat i on form. (b) Each application for a bingo license shall be accompanied by a certificate issued by the Franchise Tax Board of the State of California or by the Internal Revenue Service certifying the tax-exempt status of the organization for said license. Section 5-12.04 Licenses; Applications; Fees; Investigations. (a) All applications for bingo licenses shall be accompanied by an application fee of Twenty-Five Dollars ($25.00), no part of which shall be refundable, and which shall be collectable annually. (b) The Finance Director shall verify the tax-exempt status of the applying organization and shall verify that the place where the bingo game will be conducted is the place where the applying organization usually meets or conducts its business, or that it has no such meeting place and will conduct the bingo game on property owned or controlled by a tax-exempt organization. (c) The Finance Director shall forward the application to the Chief of Police, the Fire Department and the Building Department, who shall find and detennlne that: (1) The conduct of such bingo games at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and (2) Neither the applying organization, nor any person listed in the application, has violated any laws and regulations of the City regarding building, fire, health or safety, and that the applicant has not knowingly and with Intent to deceive, made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the City to be submitted in conjunction with the application. Section 5-12.05 Licenses; Issuance or Denial; Non-Transferable. (a) Licenses shall be granted only to organizations exempted from the payment of the bank and corporation tax by Section 23701 (d) of the Revenue and Taxation Code and a contribution to which would be charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954. (7/77) -~_._..__..---- ( - ~ Ordinance No. 159 C.S. (b) The Finance Director shall not issue a license to any applicant if he or the Chief of Police cannot certify anyone of the findings required by this Chapter to be made, or if it appears from the application that the conduct of such games would be in violation of any of the terms, conditions, and require- ments of this Chapter. (c) No license issued shall be transferable. Section 5-12.06 Licenses; Suspension or Revocation; Hearings; Appeals; Notices. (a) Li censes to conduct bingo games sha II be suspended by the Ch I ef of Police for a period up to thirty (30) days if the licensee has violated any of the provisions of this Chapter. Prior to the suspension, the licensee shall be given notice and the opportunity to be heard. Such hearings shall be before the Chief of Police, and a notice sha11 be given at least five (5) days prior to such hearing, which notice shall contain the grounds set forth for the proposed suspension. Any person may appeal the ruling of the Chief of Police to the City Council within ten (10) days in writing after the ruling has been rendered. Upon the mailing of the notice of suspension, the licensee organization and any person acting in its behalf shall not conduct any bingo games for the ~uration of the suspension until such time as the City Council acts favorably on the appeal. (b) If the Chief of Pol ice inhis discretion feels that revocation is warranted, he shall request the City Councii to revoke said license. Upon receipt of the request of the Chief of Police, the Council shall set a public hearIng to consider the revocation, and shall cause notice to be Issued to the licensee of such hearing at least ten (10) days prior to the hearing. The City Counc i 1 may revoke any bingo Ii cense upon a find i ng that any prov i sian of th is Chapter has been violated. No organization or person listed on a license applica- tion may reapply for a bingo license within one (I) year of revocation by the Counci I. Section 5-12.07 Keep i ng of Records; Right to Inspect. Licensees sha II keep and maintain full records and accountings and shall detail the amount of money obtained from players, the amount of money or value of prizes given for each game played, and the disposition of any funds generated by the conduct of bingo games. The City shall have the right to inspect such records at any reasonable time. The Finance Director may request said records when the licensee applies to renew its annual license. Section 5-12.08 Conduct of Bingo Games. (a) It is a misdemeanor, punishable by a fine not to exceed Ten Thousand Dollars ($10,000), as authorized by Penal Code, Section 326.5(c), for any person to receive a profit, wage or salary from any bingo game. (b) No minors shall be allowed to participate in any bingo game. (c) A 1 i censee sha 11 conduct bingo games on ly on property a./ned or leased by it and which property is used by such organization for an office or for performance of the purposes for which the organization is organized; however, a licensee organization which regularly meets in a building owned or controlled by a public entity, or an organization which has no adequate regular meeting place and conducts a bingo game on the property of a tax-exempt organization, is exempted from this requirement. (d) All bingo games shall be open to the public, not just the members of the non-profit, charitable organization. (e) A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from any bingo game. Only the licensee organization shall operate such game, or participate in the promotion, supervision, or any other phase of such game. (f) No individual corporation, partnership, or other legal entity except the licensee organization shall hold a financial Interest in the conduct of any bingo game. - 2 - _._-~- I . - Ordinance No. 159 C.S. (g) All profits derived from any bingo game shall be kept in a special fund or account and shall not be co-mingled with any other fund or account. (h) No person shall be allowed to participate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted. (i) The total value of prizes awarded during the conduct of any bingo game shall not exceed Two Hundred Fifty Dollars ($250.00) in cash or kind, or both, for each separate game which is held. Section 5-12.09 Violation; Public Nuisance. In addition to the criminal penalties provided by this Code, violation of any provision of this Chapter is a public nuisance, which may be abated by the City. Any person or organization violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance, shall be guilty I of a misdemeanor. Any person or organization convicted of a misdemeanor under I the provisions of this Ordinance, shall be punishable by a fine of not more than i Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a I I period of not exceeding six (6) months, or by both such fine and imprisonment. Each person or organization shall be guilty of a separate offense for each arid every day during any portion of which any violation or any provision of this I Ordinance is committed, continued, or permitted by such person or organization and I shall be punishable accordingly. I Section 5-12.10 Qualifications. If any section, sub section, subdivision, i paragraph, sentence, clause or phrase in this Ordinance is for any reason held to , i be unconstitutional or invalid or ineffective by any court of competent jurisdiction, I such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase I I thereof irrespective of the fact that anyone or more sections, subsections, sub- divisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, I i invalid or ineffective. SECT! ON 2: This Ordinance shall be In full force and effect thirty (30) days after its passage, and within fifteen (15) days after Its passage, it shall be published once, together with the names of the Council Members voting thereon, in the Five Cities Times-Press-Recorder. On motion of Councilman Schlegel, seconded by Councilman Gallagher and on the following roll call vote, to wit: AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon NOES: None I ABSENT: None i the foregoing Ordinance was passed and adopted this 12th day of July, 1977. ATTEST~A ~L-vP~_~ A oW (J~/>> MAYOR CITY CLERK I, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 159 C.S. is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council held on the 12th day of .July, 1977. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of July, 1977. ~C4-~dd~ City Clerk of the City of A royo Grande (SEAL) - 3 -