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HomeMy WebLinkAboutOrdinances_1626_CCv0001.pdf l, J i ,, ORDINANCE NO. .. AN ORDINANCE OF THE CITY OF REDLANDS AMENDING THE REDLANDS ORDINANCE CODE, DIVISION 5, CHAPTER 51, BY ADOPTING ARTICLE 51AND AMENDING CHAPTER 22, AR'T'ICLE 226_, BY ADOPTING SECTION 2261.6, PROVIDING FOR REGULATIONS AND LICENSING FOR BINGO CASES FOR CHARITY THE CITY COUNCIL CE THE CITY OF REDLANDS DOES ORDAIN AS FOL- LOWS : SECTION CNE>z That the Redlands ordinance Code be amended by adding Article 516, Bingo Games, as follows : i RONNIE ARTICLE 51:6 Bingo Games Section 51600. Definitions 51601 .. License Required, 51602 License Fee 51603 . Application for License 51664. Granting License 51605 . Operation of Bingo Game 51606. Financial- Interest 51667. Account for Profits 51:608. Participation Limited to Those Present 51609. Binges Game Open to Public 51613_. value of Prizes 51611 » Minors Prohibited from Participation 51612. Display of License 51615 . License Not Transferable .51614. Suspension car Revocation of License 51615: Disciplinary Action - - Grounds 51616. Suspension or -Revocation Without Hearing 51.617 . Procedure 51618. Pending Revocation or Suspension; Proceedings _— Effect on Licensee 51619. Fictitious Name 51620. Penalty j x Svxia5��: 2ayd WELFARE BINGO GAMES Article 53-6' ARTICLE 51:6 Bingo Games 51600 . DEFINITIONS . (a) cin-profit organization. A non-profit organ - atian is an organization exempted from the bank and corporation tax by Section 23701 (d) of the California Revenue and Taxation Cade and a contribution or gift to which would be a chari- table contribution under Section 170 ( ) of the United States Internal Revenue Cade of 1954; (b) Minors. Minors are all persons defined as minor under- Civil Cade Section 25 .1 . (c) Bingo. Bingo means a game of chance in which prizes are awarded by designated numbers or symbols on a card which conforms with numbers or symbols selected at random,. (d)' Prizes,. Fries mean cash, kind, or bath for each separate game which is held.. 51601. LICENSE REQUIRED. No person other than a non-profit charitable organization may conduct bingo games. A non-profit charitable organization may conduct bingo dames . A non-profit charitable organization shall not conduct binge games unless such organization shall first obtain: a license for such games from the City 'Treasurer as hereinafter provided... § 51602. LICENSE FEE. A license fee as speci- fied in Article 226, Section 2261.6 shall be paid upon filing of each application for license or for renewal of license for the purpose of defraying the expense incidental to the processing of said application. The license fee i not refundable in the event the applicant is determined not to qualify for a license. Y 51603 . APPLICATION FOR LICENSE. Applicants for bingo license shall file a written,_ signed, and acknow- ledged application with the City 'Treasurer showing: (a) The name and address of applicant. (b) The dates, hours, and location where the bingo goads will be operated. (c) The name or nausea of the person or persons having the management or supervision of said games . (ordinance o. _1626) 9/20/77 j� WELFARE BINGO GAMES Sec 51603, Cont. (d) Such cater reasonable information as may be required as to the identity or character of the applicant, manager, members of the applicant operating said games,; (e) The maximum mum nu r of participants expected on the premises., (f) Proof by copy of exempt status issued by California State Franchise Tax Beard. 51604. GRANTING LICENSE. After making and filing the application, the City 'treasurer shall refer the application to the Planning Department, Building and Safety Department, the Fire Chief, and the Chief of Police for investigation. The Planning Department, the Fire Chief, and. Police Chief shall 'make reports on their findings, together with a recommendation as to whether or not the applicant shall be granted a license to the City Treasurer within ten (10) working days after the application was referred to them:. The license shall, be issued for not lunger than one (1) year and shall specify maximum number of participants permitted on the premises. The license may be renewed each succeeding year by filing application therefore at beast thirty (30) days prier to the expiration of the license period. § 51605 . OPERATION OF BINGO GAME. A bingo game shall be conducted only on property owned or leased by the non-profit organization and used by it for an office or for performance of the purposes for which: the organiza- tion rgani a-tion is organized. The binge game shall be operated and: staffed, only by members of the non-profit charitable organization which organized said. came. Such members shall not receive a profit, wage, or salary from any bingo game. Only the organization licensed to conduct a bingo game shall operate such game. Bingo gasses shall not be held for more than five (5) hours in any twenty-four (24) hour period. The number of binge sessions shall not exceed ten (1 0) such sessions in each calendar month. No games between 2 :00 A,.M. and 6:00 A. . 'S, 51606- FINANCIAL INTEREST. N individual, corporation, partnership, or other legal; entity except: the organization authorized toconduct a bingo game shall hold a financial. interest in the conductof such bingo game . :; 51607 . ACCO t T FOR PROFITS.. All profits derivedfroma bingo game shall be kept in a special fund or account and, shall not be ccs-mingled with any other fund or account. Records required by this section shall be retained for a period of three ('3) years. The licensee (Ordinance 7o. 1626) 9/20/77 c.. , Sh WELFARE BINGO 7; GAMES Sec. 51607,, Cont. shall maintain a record of all receipts derived from bingo games and cash disbursement thereof including those dis- bursements awarded as prizes of each game. The licensee' s brooks ;and records shall be avilable for inspection upon reasonable notice. No licensee may expend funds to publi- cize its pingo games except for small signs or handbills . § 51608. PARTICIPATION LIMITED TO THOSE PRESENT. 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. 5160INGO GAME CPEO' TO PUBLIC. All bingo games shall be open to the public,, not just to the members of the none-profit charitable organization. § 51610. VALUE CE PRIZES. The total value of prizes awarded during the conduct of any bingo games shall not exceed two-hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. .51611,. MINORS PROHIBITED FROM PARTICIPATION. No minor shall: be allowed to participate in any binge dame 51612 . DISPLAY OF LICENSE. Every licensee shall display the license issued by the City of Redlands in a conspicuous place on the premises inhere the hinge gazes are conducted,. 51613 . LICENSE NOT TRANSFERABLE. Each license issued hereunder shall be issued to a specific non-profit organization and shall in no even.t be trans- ferable ransferable from one organization to another. § 51614 SUSPENSION OR REVOCATION OF LICENSE. The City Council may, upon ;it's own motion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend, for a period not exceeding one (1) year, or revoke the, permit of any licensee which commits any one or more of the acts or ommissions constituting grounds for disciplinary actionunderthis chapter.. § 51615. DISCIPLINARY ACTION -- GRO DS. It shall be a ground for denial, revocation, or other disci- plinary action of any applicant, licensee, the agent, or employee, or any person connected or associated with the applicant or licensee as partner, director, officer, stockholder, general manager, or person exercising managerial authority of or on behalf of the licensee if such organiza- tion or person has: (ordinance No. 1626) 9/201/77 WELFARE BINGO GAMES Sec 51.615, Cont (a) Knowlingly made any false, misleading, or fraudulent statement of a material fact in an application for a license, or in any report or record required to be filed with the City; or (b) violated any provision of this chapter or of any statute relating to the permitted activity; or (c) Been convicted of a felony or any crime involving moral turpitude; or (d) A bad moral- character, intemperate habits, or a bad reputation for truth, honesty`, or integrity; or (e) Committed any unlawful, false, fraudulent, deceptive, or dangerous act while conducting permitted bingo games; or (f) violated any rule or regulation adopted by the City Council relating to the licensed bingo games; or (g) Conducted the permitted bingo games in a manner' contrary to the peace, health, safety, and general: welfare of the public; or (h) Failed to comply with Zoning and Building and Safety regulations of the City of Redlands-, the Health Department, and the Fire chief or the Police Chief.. 51616. SUSPENSION OR REVOCATION WITHOUT HEARING. If any applicant, licensee, the agent or employee, or any person connected, or associated with the applicant or licensee as; partner, director, officer, stockholder, general manager, or person who is exercising managerial authority on behalf of the licensee is convicted, in any court of the violation of any law regulating any activity at the licensee' s business premises, the Council may revoke said license forthwith without any ,further action thereon Cather than giving notice of revocation to the licensee. 51617 . PROCEDURE. Ari applicant or licensee may, within ten: (1 0) days after service of a written notice of denial of a license or suspension or revocation of his license, file a request for a, hearing with the City Council . The request for a hearing shall be in writing and signed by or on behalf of the applicant or licensee. It (ordinance No. 16 6) F 1-0 WELFARE BINGO GAMES Sec. 51617, Cont,., need not be verified or follow any particular fora. Fail, ure to file such a request for a hearing shall constitute a waiver of the licensee's right to a hearing. § 51618. PENDING REVOCATION OR SUSPENSION PROCEEDINGS -- EFFECT ON LICENSEE (a) Continuing Operation of Bingo Games . Pending the final determination of a _proceeding for revocation or suspension of a license, a licensee may continue to operate bingo games for the period of his license or until the Council makes such final determination-; (b) Renewal - Effect of Pendency or Proceeding to Suspend or Revoke License. A licensee may file an application for renewal of a license pursuant to Section 51604 accompanied by the required fee. Renewal application should be filed at least thirty ( 0`) days prior. to expiration of the license period. In the event a renewal application is filed during the pendency of a proceeding to suspend or revoke the license, such filing shall continue such license in full force and effect until the entry of the final order by the City Council terminating proceedings. Failure of the Council to revoke, suspend, limit, or condition the license shall have the effect of granting said license. The application, for renewal shall become a part of the pending proceeding and be subject to all evidence which has been or is thereafter pre- sented. No further notice to the applicant is required and the City Council is authorized to consider and make findings upon such applica- tion in accordance with this chapter. 51619 . FICTIT U NAME. It shall be unlaw- ful .law -ful for any personorpersons to sign a fictitious name or fictitious address in connection with applications sub- mitted pursuant to this chapter. § 51620. PENALTY. Any person violating any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not more than five hundred dollars i ($500 .00) or bath such: fine and imprisonment; provided, however, pursuant to sub-sections (b) and (c) of Section 26 .5 of the Penal Code, any person receivinga profit, wage, or salary from any bingo game authorized. by Section 19 of Article IV of the State Constitution and this chapter shall be guilty of a misdemeanor and shall be punishable by a fine not to exceed ten thousand dollars ($10,000 .00) . ) (ordinance No. 12i 9/20/77 SECTION TWO: That the Redlands Ordinance Code be amended by adding Section 2261. , Bingo Games, as follows : 2261 .6 BINGO GAMES . For every religious, charitable, scientific, .literary, educational, or preven- tion of cruelty to children or animal groups, License 25.00 semi-annually. SECTION THREE: This ordinance shall be in force and take effect as provided by law. SECTION FOUR: The City Clerk shall certify to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in the City o Redlands. ATTEST: ~` ayor` th cit , dl ., r mM Cit'", r rk APPROVED FOR FORM: Cityty Attorney I, Peggy A . Moseley, City Clerk, City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 20th day of September, 1977, by the following vote: AYES : Councilmembers Knudsen, Miller, Grace, Elliott;; Mayor DeMir yn NOES : None ABSENT: None f m n City" ordnance No, 1626 Page eight