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HomeMy WebLinkAboutCC ORD 1976-15223--? 1522 i'q c:fs it `G - ` /( -4 ORDINANCE NO. 1522 AN ORDINANCE TO ADD SECTION 6.42 TO THE NATIONAL CITY MUNICIPAL CODE REGULATING BINGO GAMES IN THE CITY OF NATIONAL CITY The City Council of the City of National City, California, does ordain as follows: SECTION 1. There is hereby added to the Municipal Code of the City of National City, Section 6.42, which is to read as follows: Section 6.42.010. BINGO AUTHORIZED. Notwithstanding any other provisions of this Chapter, this Ordinance is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions in this Chapter. Section 6.42.020. DEFINI- TIONS. Whenever the following terms are used they shall have the meanings respectively ascribed to them in this secttcrn. a. Bingo is 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. b. Nonprofit, charitable organization is an organization exempted from the payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code and a contribution or gift to which would be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code of 1954. c. Minor is any person under the age of eighteen (18) years. Section 6.42,030. LICENSE REQUIRED. It shall be unlawful for any person to conduct any bingo games in the incorporated area of the City of National City unless such person is a member of a nonprofit, charitable organization acting on behalf of such nonprofit, charitable organization and has been issued a license as provided by this chapter. Section 6.42.040. APPLICA- TION. Application for license shall be made to the City Treasurer/Finance Director on forms prescribed by the City Treasurer/Finance Director, and shall be fi led not less than ten (10) days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at leastthe following: a. A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver's license number. b. The date(s) and place(s) of the proposed bingo game or games. c. Proof that the organization is a nonprofit charitable organization as defined by this chapter. Section 6.42.050. TERM OF LICENSE AND FEES. The term of a bingo license is six (6) months and may be renewed for a period of six (6) months any time within one year from its date of issuance, upon application therefor. The fee for a bingo license shall be one -hundred dollars ($100.). The fee for renewal shall be twenty-five dollars ($25). The appropriate fee shall accompany the submission of each application, is non-refundable and shall be used to defray the cost of the issuance of said license. The City Council finds and determines that the actual cost of issuing the license allowed by this Ordinance, and the actual cost of the renewing of said license are not the amounts provided for in this Ordinance. Section 6.42.060. APPLICA- TION INVESTIGATION. Upon receipt of an application for a license the City Treasurer may send copies of such application to any office or department which the City Treasurer deems essential in order to carry out a proper investigation of the applicant. The Chief of Police and every other officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game. Upon approval of any application for a bingo license the City Treasurer shall issue the license. Section 6.42.070. LICENSE NOT TRANSFERABLE. Each license issued hereunder shall be issued to a specific person on behalf of a specific nonprofit, charitable organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another. Section 6.42.080. LIMITA- TIONS. A nonprofit, charitable organization shall conduct a bingo game only on property both owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. a. No minors shall be allowed to participate in any bingo game. b. All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organization. c. A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it. Such members shall be approved by the City Treasurer and shall not receive a profit, wage or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. d. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game. e. All profits derived from a bingo game shall be kept in a special fund or account. Within thirty (30) days after the bingo game is held the applicant will file with the City Treasurer, a full and complete financial statement of all monies collected, disbursed and the amount remaining for charitable purposes. f. No persons 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. g. The total value of prizes awarded during the conduct of any bingo games shall not exceed one hundred dollars ($100) in cash or kind, or both, for each separate game which is held. h. No bingo game shall be conducted between the hours of midnight and 8:00a.m. Section 6.42.090. INSPECTION. Any peace officer of the City of National City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game. .Section 6.42.100. APPLICA- TION DENIAL, LICENSE SUS- PENSION AND/OR REVOCA- TION. The City Treasurer may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative thereof has: a. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be tiled under this Ordinance, or b. Violated any of the provisions of this chapter. If after investigation the City Treasurer determines that a bingo license should be suspended or revoked or an application for such license denied, she shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be seht by certified mail to the applicant's last address provided in the application or be personally delivered. Any person who has had an application for a bingo license denied by the City Treasurer or who has had a bingo license suspended or revoked by the City Treasurer may appeal the City Treasurer's decision in the manner provided in this chapter. Section 6.42.110. APPEAL PROCEDURE. Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed in this section: a. Within fifteen (15) calendar days after the date of any denial, suspension, revocation or other decision of the City Treasurer, an aggrieved party may appeal such action by filing with the City Clerk a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper. b. Upon receipt of such written appeal, the City Clerk shall set the appeal for a hearing before the City Council within ten (10) days after the date of receipt of the appeal or at the next regular council meeting. At least one week prior to the date of the, hearing on the appeal the City Clerk shall notify the appellant and City Treasurer of the date and place of the hearing. At such hearing the City staff and the appellant may present evidence relevant to the denial, suspension, revocation or other decision of the City Treasurer. The City Council shall receive evidence and shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of law shall not apply to such hearing. c. At the conclusion of the hearing, the City Council may uphold the denial, suspension, revocation or other decision of the ity Treasurer or the City Council may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other City Treasurer's decision which is the subject of the appeal. The City Council shall within fifteen (15) days file with the City Clerk written finding of fact and conclusions of law and its decision. The decision of the council is final. Section 6.42.120. VIOLATIONS AND PENALTIES. a. It is unlawful for any person to receive a profit, wage or salary from any bingo game authorized by this chapter. b. Any person violating any of the provisions or failing to comply with any of the requirements of NC 5439 AND I HE this chapter shall be guilty of a misdemeanor and upon conviction thereof, sh$II be punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the County jail for a period of not more than six (6) months or by both such fine and imprisonment. All sanctions provided herein shall be cumulative and not exclusive. Section 6.42.130. SEVERABIL- ITY. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 2. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after is passage it shall be published once, with the names of the members voting for and against the same in the National City Star -News, a newspaper of general circulation published in the City of National City. PASSED AND ADOPTED this 27th day of July, 1976. K ILE MORGAN MAYOR ATTEST: IONE CAMPBELL CITY CLERK Passed and adopted by the Council of the City of National City, California, on July 27, 1976 by the following vote, to -wit: Ayes: Councilmen Camacho, Dalla, Reid, Morgan. Nays: Councilmen None. Absent: Councilmen Pinson. Abstain: Councilmen None. AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on July 20, 1976 and on July 27, 1976. f FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its Passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 1522oftheCity f�7ational ity, passed and adopted by e CounykF f said City on Jul 7, 1976. lone Cam ell City Clerk of the Cify of National City. California .8/8/76 BY CERTIFY that h.- been du ,publish - to law (S:.I) City Clerk of the Ciof National City, California