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HomeMy WebLinkAboutOrdinance 1281 (BINGO Games)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1281 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 8 - "MORALS & CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.06 THERETO ENTITLED, "BINGO GAMES" is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 21st day of November, 1977, and ordered passed to print. Ordinance was amended at a regular meeting of the City Council of the City of San Rafael on the 19th day of December, 1977, was republished and was passed and adopted as an ordinance of said City held on the 3rd day of January 1978 by the following vote, to wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None WITNESS my hand and the official seal of the City of San Rafael this 5th day of January, 1978. JEJE M. LEONCINI, City Clerk ORDINANCE NO. 1281 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 8 - "MORALS & CONDUCT" OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 8.06 THERETO ENTITLED "BINGO GAMES" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 8 of the San Rafael Municipal Code is hereby amended by adding Chapter 8.06 which shall read in its entirety as follows: CHAPTER 8.06 - BINGO GAMES Sections: 8.06.010 Definition of Bingo. 8.06.020 Nonprofit Charitable Organizations Permitted to Conduct Bingo. 8.06.030 License Required. 8.06.040 Application for License. 8.06.050 Applicant Must be Qualified. 8.06.060 Contents of Application. 8.06.070 License Fees. 8.06.080 License Terms. 8.06.090 Investigation of Applicant. 8.06.100 Access to Criminal History Information. 8.06.110 Contents of License. 8.06.120 Denial of License: Conditional Approval. 8.06.130 Summary Suspension of License Pending Opportunity for Hearing - Misdemeanor to Continue after Suspension - Revocation. 8.06.140 Revocation of License - Alternative Procedure. 8.06.150 Appeal of Revocation to City Council. 8.06.160 Maximum Amount of Prize. 8.06.170 Separate Funds; Prizes and Expenses. 8.06.180 Records Required. 8.06.190 Filing of Report. 8.06.200 Financial Interest in Licensee Only. 8.06.210 Exclusive Operation by Licensee. 8.06.220 No License Transferable - Amended License for Changed Location. 8.06.230 Bingo Games Open to Public. 8.06.240 Attendance Limited to Occupancy Capacity. 8.06.250 Minors Not to Participate. 8.06.260 Hours of Operations. 8.06.270 Days of Operation. 8.06.280 Participant Must be Present. 8.06.290 Receipt of Profit or Wage Prohibited 8.06.300 Violations, Penalties. 8.06.310 City May Enjoin Violation. 8.06.010 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 random. -1- 8.06.020 Nonprofit Charitable Organizations Permitted to Conduct Bingo. No individual, corporation, partnership or other legal entity shall be permitted to conduct a bingo game except organizations exempted from the payment of the Bank and Corporation Tax by Sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701 1 of the Revenue and Taxation Code and by mobilehome park associations and senior citizens organizations. 8.06.030 License Required. No individual, corporation, partnership or other legal entity shall conduct a bingo game without first obtaining a license from the City Manager or his designee. 8.06.040 Application for License. Eligible organizations desiring to obtain such license to conduct bingo games in the City of San Rafael 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 issuing authority shall be the City Manager and/or his designee. The license issued shall be either for a period of 3 days or less, or for a calendar year, that is a period of twelve consecutive calendar months beginning on the first day of January and ending on the thirty-first day of December. The license shall be effective on the same date of issuance subject to renewal and an annual fee. 8.06.050 Applicant Must be Qualified No license shall be issued to any organization unless such applicant is an eligible organization under Section 8.06.020 and its application conforms to the requirement, terms, and conditions of this Chapter. 8.06.060 Contents of Application. Said application for a license shall contain the following: (1) The name of the applicant organization and a statement that applicant is an eligible organization under Section 8.06.020. (2) The business address of the applicant organization. -2- (3) The name and signature of at least two officers, in- cluding the presiding officer of the corporation or organization. (4) The particular property within the City of San Rafael, including the street number, owned or leased by the 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. (5) Proposed days of week and hours of day for conduct of bingo games. (6) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the 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 and/or his designee upon violation of any of such pro- visions. (7) Express purposes for which such premises are used by the organization. (8) Statement of consent for City Manager or his designee to inspect any bank accounts containing profits derived from bingo games. (9) Name of each individual, corporation, partnership or other legal entity which has a financial interest in the conduct of the bingo games. (10) Name of person responsible for the operation of the bingo games. (11) Statement whether the total value of prizes awarded for any separate game will on any occasion exceed five dollars in cash or kind, or both. (12) Said application shall be signed by the applicant under penalty of perjury. -3- (13) Copy of certificate or letter from the Franchise Tax Board evidencing exempt status under Sections 23701a, 23701b, 23701d, 2370le, 23701f, 23701g or 23701 1 of the Revenue and Taxation Code, if so exempt. 8.06.070 License Fees. (1) Fees, not to exceed the sum of Fifty Dollars ($50.00) per annum, shall be established by Resolution of the City Council. (2) The fee for a special license, not to exceed three (3) days, shall be Twenty Dollars ($20.00), payable at the time of issuance thereof. (3) If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. 8.06.080 License Terms. General bingo licenses are granted for one-year terms; each term is renewable annually. Written applica- tion for renewal of a general license shall be made to the City Manager at least one month prior to its expiration date. A special license is granted only for a term not to exceed three days; said special license shall not be renewable. 8.06.090 Investigation of Applicant. Upon receipt of the completed application and the fee, the Finance Director shall refer the same to interested Departments of the City, the City Manager, City Attorney, Police Department, Building Department and the Fire Department, for investigation as to whether or not all 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. -4- 8.06.100 Access to Criminal History Information. The Chief of Police shall have the authority to obtain criminal history information for each person operating or assisting in the operation of a bingo game for purposes of determining those who have been convicted within the past five years of crimes involving lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude, and to present such information at any bingo permit hearing. 8.06.110 Contents of License. Upon being satisfied that the applicant is fully qualified, under the law, to conduct bingo games in the City, the City Manager and/or his designee shall issue a license to said applicant, which shall contain the following information: (1) The name and nature of the organization to whom the license is issued. conducted. (2) The address where bingo games are authorized to be (3) The occupancy capacity of the room in which bingo games are to be conducted. (4) The date of the expiration of such license. (5) Such other information as may be necessary or desirable for the enforcement of the provisions of this Chapter. 8.06.120 Denial of License; Conditional Approval. (1) The City Manager, or his designee, may refuse to issue a license if it is determined that the operation of a bingo game would be injurious to the health, safety and morals of the people of the City; that the apparent mode of operation of the bingo game would not be in compliance with state or federal law, or with this Code; that the apparent mode of operation of the bingo game would constitute fire and life safety, or health or sanitary hazard, or would not be in compliance with building or zoning regulations, requirements and ordinances; that any person to be operating or assisting in the operation of a bingo game -5- has been convicted within the past five years of a crime involving, but not limited to, lotteries, gambling, larceny, perjury, bribery, extortion, fraud or similar crimes involving moral turpitude; that there has been a willful misstatement of fact in an application or report filed hereunder, or a negligent failure to file any report required hereunder; or that there has been any other violation of any provision of this Chapter. (2) If the license is approved, the City Manager, or his designee, may include restrictions and conditions in the license deemed reasonable and necessary under the circumstances to ensure compliance with the purposes and intent of this Chapter. 8.06.130 Summary Suspension of License Pendinq Opportunity for Hearing - Misdemeanor to Continue after Suspension - Revocation. (1) Whenever the City Manager and/or his designee determines that the licensee is conducting a bingo game in violation of any of the provisions of this Chapter, the City Manager and/or his designee 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. (2) 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 imprison- ment. (3) 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 to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager and/or his designee within said five-day period, shall result in a revocation of the license. -6- (4) Upon such request by the licensee, whose license has been suspended under subsection (1) for a hearing to determine whether such license shall be revoked, the City Manager and/or his designee shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the City Manager and/or his designee 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 deposit- ing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth the specific facts advanced as the basis of the suspension and proposed revocation. (5) Any organization whose license is revoked under this Section shall not conduct any bingo game in the City until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. 8.06.140 Revocation of License - Alternative Procedure. (1) Whenever it appears to the City Manager and/or his designee that the licensee is conducting bingo games in violation of any of the provisions of this Chapter, or that the license was obtained by fraudulent representation and no summary suspension is ordered, under Section 8.06.150, the license may be revoked; provided, however, the licensee may appear before the City Manager and/or his designee at the time fixed by the City Manager and/or his designee, 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 grounds advanced as the basis of the revocation. -7- 8.06.150 Appeal of Revocation to City Council. (1) Any holder of a license whose license is revoked under this Chapter shall have the right, within ten days after receiving notice in writing of the revocation, to file a written appeal to the City Council. Such appeal shall set forth the specific ground or grounds on which it is based. The City Council shall hold a hearing on the appeal within thirty 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 days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his appeal. The deter- mination of the City Council on the appeal shall be final. (2) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of San Rafael for a period of one year from the date of such revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701 of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption. 8.06.160 Maximum Amount of Prize. 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. 8.06.170 Separate Funds; Prizes and Expenses. With respect to organizations exempt from payment of the Bank and Corporation Tax by Section 23701d of the 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. Such profits shall be used only for charitable purposes. 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. Such proceeds shall be used only for charitable purposes, except as follows: (1) Such proceeds may be used for prizes. (2) A portion of such proceeds, not to exceed 10 percent (10%) of the proceeds after the deduction for prizes, or Five Hundred Dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead, and administrative expenses. 8.06.180 Records Required. Each organization conducting a bingo game shall maintain detailed records of all profits, expenditures, prizes and other expenses associated with the operation of bingo games. Said records shall be retained for such period of time as required by State and Federal law and for a period of three (3) years for purposes of this Chapter. 8.06.190 Filing of Report. Within thirty days following expiration of the period of the license, each licensee shall file a report made under penalty of perjury with the City Manager containing the following information: (1) Any changes in or additions to the information required in the application. (2) The total amount of money received from the operation of the bingo games in the previously -licensed period. (3) The total amount paid out in prizes during the previously - licensed period. (4) Detailed costs to the organization for the operation of the bingo games during the previously -licensed period. (5) Disposition of Profits during the previously -licensed period. 8.06.200 Financial Interest in Licensee Only. No individual corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. 8.06.210 Exclusive Operation by Licensee. A bingo game shall be operated and staffed only by members of the licensee organization. -9- Only the licensee shall operate such game, or participate in the promotion, supervision, or any other phase of such game. 8.06.220 No License Transferable - Amended License for Changed Location. No license issued pursuant to this Chapter is trans- ferable, provided that where a license is issued authorizing a bingo game at a particular place, such license may, upon application therefor and paying a fee of Five Dollars ($5.00), have the license amended to authorize the playing of bingo at some other location within the City of San Rafael to which the licensee organization has moved. 8.06.230 Binqo Games Open to Public. All bingo games shall be open to the public, not just to the members of the licensee organization. 8.06.240 Attendance Limited to Occupancv Capacity_ Notwith- standing that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the Fire Department and Building Department of the City in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. 8.06.250 Minors Not to Participate. No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. 8.06.260 Hours of Operations. Bingo games may be conducted between the hours of 10:00 A.M. and Midnight of each day, provided that no licensee shall conduct bingo games in excess of six hours out of any twenty-four hour period. 8.06.270 Days of Operation. No licensee shall conduct any bingo game more than three times per calendar week, and no more than three consecutive days in any two-week period. 8.06.280 Participant Must be 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. -10- 8.06.290 Receipt of Profit or Waqe Prohibited. No person shall receive or pay a profit, wage, or salary from any bingo game authorized herein. 8.06.300 Violations, Penalties. (1) A violation of Section 8.06.290 shall be 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 of San Rafael. (2) Any person who violates any other Section of this Chapter shall be guilty of a Misdemeanor. 8.06.310 City May Enjoin Violation. The City of San Rafael may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of this Chapter. DIVISION 2. 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 any one or more Sections, Subsections, or portion be declared invalid or unconstitutional. -11- DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. 6�� C. PAUL BETTIN , Mayor Attest: J NE M. LEONCINI, City Clerk The above and foregoing Ordinance No.1281 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 21st day of November, 1977, and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ordinance was amended at a regular meeting of the City Council of the City of San Rafael on the 19th day of December, 1977, will be republished and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 3rd day of January, 1978. NNE M. LEONCINI, City Clerk 15 A/15-26 -12