HomeMy WebLinkAboutCC Ord 1130 Not Adopted
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AN ORDI:::~:'::"T::.CI~SEAL BS~~~
ALLOWING AND REGULATING BINGO GAMES I 9~
IN THE CITY FOR BENEFIT OF CERTAIN ( '~
ELIGIBLE ORGANIZATIONS AND AMENDING lI'
THE CODE OF THE CITY OF SEAL BEACH,
CALIFORNIA
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 15-13 of Chapter 15 of the
Code of the City of Seal Beach, California is amended by
adding to the end of the last sentence the following phrase:
", except as provided in Chapter 4B."
SECTION 2. The Code of the City of Seal Beach is
amended by redesignating Chapter 4B as 4C and adding a new
Chapter 4B to read as follows:
CHAPTER 4B.
BINGO FOR CHARITABLE PURPOSES.
Sec. 4B-l. Definition of Bingo. As used in this
chapter "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
~andom. Bingo shall include cards having numbers or symbols
which are concealed and preprinted in a manner providing for
distribution of prizes.
Sec. 4B-2. Organizations Eligible for City
License to Conduct Bingo Games. Organizations exempted from
the payment of the bank and corporation tax by Sections
2370la, 2370lb, 2370ld, 2370le, 2370lf, 2370lg and 23701 1
of the California Revenue and Taxation Code and mobilehome
park associations and senior citizens' organizations 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 California Penal Code and the provisions of this chapter.
Sec. 4B-3. Application for License. Eligible
organizations desiring to obtain such license to conduct
bingo games in the City shall file an application in writing
therefor in the office of the Finance Director on a form to
be provided by the Finance Director. The license issued
shall be for a term of one year from the date of issuance,
subject to renewal and annual fee.
Sec. 4B-4. Applicant Must Be Qualified. No license
shall be issued to any organization unless such applicant is
an eligible organization under Section 4B-2 of this Chapter
and its application conforms to the requirements, terms and
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Ordi.nance, Number
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conditions of this Chapter.
Sec.
( a)
the following:
4B-~. Cor.ten~s and Form of Application.
Said applic~tlon for a license shall contain
(1) The name of the applicant organization
and a statement that applicant is an eligible organization
under section 4B-2 of this Chapter.
(2) The names and signatures of at least two
(2) officers, including the presiding officer of a corporation
or community chest and the trustee of any trust,
(3) The particular property within the City,
including the street number, owned or leased by the applicant
or whose use is donated to applicant, used by such applicant
for an office or for performance of the purposes for which
the applicant is organized, on which property bingo games
will be conducted, together with the occupancy capacity of
such place.
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(4) proposed day of week and hours of day
for conduct of bingo games.
(5) A statement that the applicant agrees to
conduct bingo games in strict accordance with the provisions
of Section 326.5 of the California 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) A copy of California Penal Code Section
326.5.
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(b) Said application shall be signed by a duly
authorized officer (or trustee if applicant is a trust) of
the applicant under penalty of perjury. Said signature
shall follow the following statement: wI have read and
understand the provisons of California Penal Code Section
326.5.w
(c) An application fee of $50.00 shall accompany
the application.
(d) The applicant shall also submit, if applicable,
a certificate or Determination of Exemption under Section
2370l(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
Sections 2370la, 2370lb, 2370ld, 2370le, 2370lf, 2370lg, or
23701 1.
Sec. 4B-6. Investigation of Applicant. Upon
receipt Q~.__the complet.,!!d application and the feel. the
Finance Director shall refer the same to interested departments
of the City, including but not limited to, the City Man~ger, '~ I
City Attorney, and Police Department and the Orange .County
Fire Department for investigation as to whether or not all
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Ord1nance,Number ~~.,~
the statements in the application are true and whether or
not 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, and other '
applicable restrictions.
Sec. 48-7. Issuance and Contents of License.
Upon being satisfied that the applicant is fully qualified,
under the law, to conduct bingo games in the City, the
Finance Director shall issue a license to said applicant,
which shall contain the following information:
(a) The name and nature of the organization to
whom the license is issued.
(b) The address where bingo games are authorized
to be conducted.
(c) The occupancy capacity of the room in which
bingo games are to be conducted.
(d) The date of the expiration of such license.
(e) The provisions of California Penal Code
Section 325.6.
(f) The statement that the license may not be
assigned or transferred.
(g) Such other information including conditions as
may be necessary or desirable for the enforcement of the
provisions of this chapter.
Sec. 48-8. Summary Suspension of License Pending
Opportunity for Hearing--Misdemeanor to Continue After
Suspension--Revocation.
(a) Whenever it appears to the Chief of Police that
the licensee is conducting a bingo game in violation of any
of the provisions of California Penal Code Section 326.5,
the provisions of this Chapter, or any condition of the license,
or that the license was obtained by fraudulent representations,
the Chief of Police shall have the authority to summarily
suspend the license and order the licensee to immediately
cease and desist 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 guilty of a misdemeanor and upon conviction
thereof, shall be punishable by a fine not exceeding $500 or
by imprisonment in the County jail for a period not exceeding
six months, or by both such fine and impri~onment.
(c) The order issued under subsection (a) shall
also notify the licensee that it shall have five days from
the date of such order to request a hearing before the City
Manager to determine whether such license shall be revoked.
Failure to request, in writing, such hearing before the City
Manager within said five-day period, shall result in a
revocation of the license.
Ord\nance.Number ~~.:r~
(d) Upon such request by the licensee whose .
licanse has been suspended under subsection (a) for a
hearing ~o 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 revoked.
No license shall be revoked 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
depositing 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 any bingo game in the
City for a period of one year unless the matter is appealed
to the City Council pursuant to Section 4B-lO. Said license
shall remain revoked during the pendency of any such appeal.
Sec. 4B-9. Revocation of License--Alternative
Procedure. ,~
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(a) whenever it appears to the City Manager that
the licensee is conducting bingo games in violation of any
of the provisions of California Penal Code Section 326.5,
the provisions of this Chapter, or that the license was
obtained by fraudulent representation and no summary suspension
is ordered under Section 4B-8 or that the manner in which
the bingo games are being operated interferes with the use
and enjoyment of adjacent or nearby properties, the license I
may be revoked, provided, however, the licensee may appear
before the City Manager at the time fixed by the City
Manager for the purpose of presenting evidence why the
license should not be revoked. No license shall be revoked
under this section unless written 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. Provided further that the City
Manager may attach conditions to the license to make the
conduct of the bingo games compatible with the adjacent and
nearby properties.
(b) Any organization whose license is revoked
under this section shall not conduct any bingo game in the
City for a period of one year unless the matter is appealed
to the City Council pursuant to Section 4B-lO. Said license
shall remain revoked during the pendency of any such ~ppeal.
Sec. 4B-lO. Appeal of Revocation to City Council.
(a) Any holder of a license whose license is
revoked or conditioned under this Chapter shall have the
right, within ten (10) days after receiving notice in
writing of the revocation or conditions to file a written
appeal to the City Council. Such appeal shall set forth the
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Ordinance Number I'~c:r~
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
thereafter agreed upon and shall cause the appellant to be
given at least ten (10) days written notice of such hearing.
At the hearing the appellant or its authorized representative
shall hav~ the right to present evidence and written or oral
argument, or both, in support of its appeal. The determination
of the City Council on the appeal shall be final.
(b) Any organization whose license is not reinstated
by the City Council on appeal may not apply for a license to
conduct bingo games in the City for a period of one year
from the date of the action of the City Council, provided,
however, if the ground for revocation is cancellation of the
exemption granted under Section 2370l(d) of the Revenue and
Taxation Code, such organization may again apply for a
license upon proof of reinstatement of said exemption.
Sec. 48-11. License Fee, Renewal. An application
and renewal fee of $50.00 is hereby fixed and imposed upon
each applicant for each year or any portion thereof during
which a license shall be in effect pursuant to this Chapter.
Such license fee shall not be apportioned or pro-rated for
any period of less than a year. A license fee of one (11)
percent of the monthly gross receipts over five thousand
dollars derived from bingo games is hereby fixed and imposed
on each applicant for each month or portion thereof during
which a license shall be in effect pursuant to this Chapter.
Said additional fee shall be paid monthly on or before the
fifteenth day of each month for the gross receipts in excess
of five thousand dollars ($5,000) derived from bingo games
during the previous month. A license issued pursuant to
this Chapter shall be renewable, in the absence of revocation
or grounds' for revocation, during the 30 day period prior to
its expiration. The licensee may apply for renewal on a
form prescribed by the City Manager accompanied by payment
of the renewal fee. If it appears that there are grounds
. for revocation the license renewal may be denied, provided,
however that the procedure specified in Section 4B-9 with
respect to revocation shall be followed in connection with
denial of renewal. A license not so renewed shall expire
automatically at the end of the license year. If any
application or renewal is denied, one-half of the application
or renewal fee, as the case may be, shall be refunded.
Sec. 4B-12. Licenses Are Non-transferable. Any
license issued by the City pursuant to this Chapter shall
not be assigned or transferred by the applicant. Any
attempted or purported assignment or transfer shall be
deemed void and of no force and effect.
Sec. 48-13. Additional Regulations. The fOllowing
regulations shall apply to all bingo games conducted in the
City in addition to the provisions of California Penal Code
Section 325.6:
(a) A licensee shall not conduct bingo games on
more than one day per week.
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Ordipance.Number ~~~"
(b) 8ingo games shall be conducted only between
the hours of 6:00 p.m. to 10:00 p.m.
(c) All bingo games shall be conducted within a
building.
(d) No alcoholic beverages shall be sold, served,
or consumed within any room where a bingo game is being
conducted.
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(e) No person under the age of eighteen (18)
years shall be present within a room where a bingo game is
being conducted.
(f) 8ingo games shall not be conducted on any
property that does not have at least twenty (20) off-street
parking spaces.
(g) A receipt shall be issued to each purchaser
of a bingo game card. Each licensee shall keep and maintain
records of the number of cards sold and the amount of money
received therefor for each bingo game conducted by it in the
City. Each licensee also shall keep and maintain records
of all expenses, including but not limited to expenses for
prizes, incurred in conducting such bingo game. Licensees
shall allow the City to inspect their books, records, and
accounts relating to the conduct of bingo games in the City
during normal business hours.
Sec. 48-14. City May Enjoin Violation. The City
may bring an action in a court of competent jurisdiction to
enjoin a violation of Section 326.5 of the California Penal
Code or of this Chapter.
Sec. 48-15. Severability. If any section,
subsection or portion of this Chapter is for any reason held
to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of this Chapter.
The City Council hereby declares that it would have adopted
this Chapter and each section, subsection or portion thereof,
irrespective of the fact that anyone or more sections,
subsections or portion be declared invalid or unconstitu-
tional.
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PASSED, APPROVED AND ADOPTED this ____ day 'of
, 1982.
MAYOR
ATTEST:
CITY CLERK
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Ordinance Number ~~~~
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NOTICE OF
HEARING
CANCELLED
PUB L I C
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NOTICE IS HEREBY GIVEN that the City Council of the
City of Seal Beach at their regular meeting of
November B, 19B2, by unanimous vote removed from
the City Council agenda for Monday, November 22, 19B2,
the public hearing relating to bingo games within the
City of Seal Beach.
of November, 19B2.
Clerk
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L__ _ _ _ _ . _.__ ____ __ __ _. .
Ordinance Number "/~"
PROOF OF PUBLlCAIION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Oril!'lge
~ I am a citizen of the United States and G
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above.entitled matter. I
am the principal clerk of the printer of the
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paper has been adjudged a newspal'l!i'
of general circulation by the Superior
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California, under thedateof~, 19 ".1.
Case Number ,;1.fMl'.J,.; that the notice,
of which the annexed is a printed copy (set
In type not 'smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates,
to.wit:
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all in the year 19.1k
I certify (or declare,) under penalty of
perjury that the foregoing is true and
correct ,
Dated at...._04.~-...~..
California, thls.../.D~dayof.71.In!, 19 i;;.
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120 West Secon<<t Sh, Los Angeles, Calif, 90012
Telephone: 12131 625-2541
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