HomeMy WebLinkAbout528ORDINANCE NO. 528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF IRWINDALE ADDING CHAPTER 9.14 AND SECTION
9.12.015 OF CHAPTER 9.12 RELATING TO BINGO
GAMES FOR CHARITABLE PURPOSES IN THE IRWINDALE
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS
FOLLOWS:
Section 1. Findings. Section 326.5 of the California Penal
Code, enacted pursuant to authority granted by Article 4, Section
19 of the California Constitution, authorizes cities to enact
ordinances regarding the conduct of bingo games for charity. The
City Council finds it is necessary to establish the legal authority
to authorize certain charitable organizations to conduct bingo
games within the City for charitable purposes, consistent with
State Law.
Section 2. Section 9.12.015 of the Irwindale Municipal Code
is hereby added to read in its entirety as follows:
"9.12.05 Exception. The provisions of this
Chapter shall not apply to bingo games
conducted for charitable purposes for which a
valid permit has been obtained pursuant to
Chapter 9.14."
Section 3. Chapter 9.14 of the Irwindale Municipal Code is
hereby added to read in its entirety as follows:
"CHAPTER 9.14
BINGO GAMES FOR CHARITABLE PURPOSES
"9.14.010 Permit required. No person shall
conduct a bingo game within the City without
first having applied for and received a permit
from the City Manager pursuant to this
Chapter.
"9.14.020 Definitions. 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 that
conform to numbers and symbols selected at
random. The game of bingo shall include cards
having numbers or symbols that are concealed
' and preprinted in a manner providing for
distribution of prizes. The winning cards
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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.' It is the intention of the City
Council that bingo as defined in this section
applies exclusively to this Chapter 9.14 and
shall not be applied in the construction or
enforcement of any other provision of the law.
"9.14.030 Permit terms and conditions. A permit
issued pursuant to Section 9.14.010 shall be subject to
the following conditions:
A. Only the following organizations may
receive a permit to conduct bingo games,
provided that the receipts of such games are
used only for charitable purposes:
1. Organizations exempt from the
payment of the bank and corporation tax by
Sections 23701a, 23701b, 23701d, 23701e,
23701f, 23701g, or 237011 of the California
Revenue and Taxation Code.
2. Mobile home park associations.
Senior citizens organizations.
B. An organization authorized to conduct
bingo games pursuant to this Chapter shall
conduct a bingo game only on property owned or
leased by it, or on property whose use is
donated to the organization and which property
is used by the organization for an office or
for performance of the purposes for which the
organization is organized. Nothing in this
subsection shall be construed to require that
the property owned or leased by, or whose use
is donated to, the organization be used or
leased exclusively by, or donated exclusively
to, the organization.
C. All bingo games shall be open to the
public, not just to the members of the
authorized organization.
D. A bingo game shall be operated and
staffed only by members of the authorized
organization that organized it. The
organization shall not pay and its members
shall not receive a profit, wage, or salary
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from any bingo game. Only the organization
F authorized to conduct the bingo game shall
operate the game, or participate in the
promotion, supervision or any other phase of
the game. This subsection does not preclude
the employment of non-member security
personnel at a bingo game conducted by the
authorized organization.
E. No individual, corporation, partnership,
or other legal entity, except the organization
authorized to conduct a bingo game, shall hold
a financial interest in the conduct of a bingo
game.
F. With respect to the organizations exempt
from payment of the Bank and Corporation Tax
by Section 23701d of the California Revenue
and Taxation Code, all profits derived from a
bingo game shall be kept in a special fund or
account and shall not be commingled with any
other fund or account. Those profits shall be
used only for charitable purposes.
G. With respect to other organizations
authorized to conduct bingo games pursuant to
this Chapter, all proceeds derived from a
bingo game shall be kept in a special fund or
account and shall not be commingled with any
other fund or account. "Proceeds" are the
receipts of bingo games conducted by
organizations not within subsection F. Those
proceeds shall be used only for charitable
purposes, except as follows:
1. The proceeds may be used for prizes.
2. A portion of the proceeds, not to
exceed twenty percent of the proceeds before
deduction for prizes, or two thousand dollars
per month, whichever is less, may be used for
the rental of property and for overhead,
including the purchase of bingo equipment,
administrative expenses, security equipment,
and security personnel.
3. The proceeds may be used to pay
license fees.
H. If the monthly gross receipts from bingo
games of an organization within this
subsection exceed five thousand dollars, ten
percent of the proceeds shall be used only for
charitable purposes not relating to the
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conducting of bingo games. The balance shall
be used for prizes, rental of property,
overhead, administrative expenses, and payment
of license fees, subject to the limitations in
subsection G.2.
I. No minor shall be allowed to participate
in any bingo game. A "minor" means a person
under eighteen years of age as specified in
California Civil Code Section 25.
J. No person shall be able to participate in
a bingo game, unless the person is physically
present at the time and place where the bingo
game is being conducted.
K. The total value of prizes awarded during
the conduct of any bingo games shall not
exceed two hundred and fifty dollars in cash
or kind, or both, for each separate game which
is held.
119 12.030 License Fees. Organizations granted a
permit or permit renewal pursuant to this Chapter shall
pay a license fee of fifty dollars ($50.00) annually.
The license fee shall be submitted to the City along with
the application for the permit or permit renewal. If the
application is denied, one-half of the license fee shall
be refunded to the organization.
"9.12.040 Violation.
A. Violation of the provisions of Section
9.12.020(D) prohibiting any person from paying
or receiving a profit, wage, or salary from
any bingo game authorized pursuant to this
Chapter shall constitute a violation of Penal
Code Section 326.5, a misdemeanor punishable
by a fine not to exceed ten thousand dollars
($10,000.00), which fine shall be deposited in
the general fund of the City.
B. Violations of any other provision of this
Chapter shall be a misdemeanor punishable by
either a fine of up to five hundred dollars
($500.00) or six months in the county jail, or
both.
C. In addition to any other remedies
available to the City, the City may commence
an action to enjoin a violation of this
Chapter."
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Section 4. Severability. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase in this
Ordinance, or any part thereof, is held invalid or
unconstitutional, such decision shall not affect the validity of
the remaining sections or portions of this chapter or part thereof.
The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance irrespective of the fact that any one or
more sections, subdivisions, paragraphs, sentences, clauses or
phrases may be declared invalid or unconstitutional.
Section 5. Certification. The City Clerk shall certify to
the passage and adoption of this Ordinance by the City Council of
the City of Irwindale and shall cause a summary of this ordinance
to be published in accordance with Government Code Section 36933.
Section 6. Effective Date. This ordinance shall take effect
thirty (30) days after its passage.
PASSED, APPROVED AND ADOPTED on the 13th day of
Ai,gust 1998.
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Atest: MVfo1 Almazapi, Mayor
Camille Diaz
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE 1
I, Camille Diaz, Deputy City Clerk of the City of Irwindale,
do hereby certify that the foregoing Ordinance No. 528 was
duly introduced at a regular meeting of the City Council held on
the 9th day of July , 1998, and was duly approved and
adopted at second reading, at their regular meeting held
August 13th , 1998, by the following vote of the council:
AYES: COUNCILMEMBERS: Miranda, Castellanos, Mayor Pro Tem Tapia,
Mayor Almazan
NOES: COUNCILMEM13ERS: None
ABSENT: COUNCILMEMBERS• Chavez
ABSTAIN: COUNCILMEMBERS: None
Alok
Camille Diaz, Depvc
City Clerk
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