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HomeMy WebLinkAboutOrdinance 1247 (Adoption Deferred)ORDINANCE NO. 1247 ADOPTION DEFERRED 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 Organizations Eligible for City License to Conduct Bingo Games. 8.06.020 Purpose of Game. 8.06.030 Application for License. 8.06.040 Applicant Must be Qualified. 8.06.050 Contents of Application. 8.06.060 Apportionment of Annual License Fee. 8.06.070 Investigation of Applicant. 8.06.080 Contents of License. 8.06.090 Summary Suspension of License Pending Opportunity for Hearing - Misdemeanor to Continue after Suspension - Revocation. 8.06.100 Revocation of License - Alternative Procedure. 8.06.110 Appeal of Revocation to City Council. 8.06.120 Definition of "Bingo". 8.06.130 Maximum Amount of Prize. 8.06.140 Profits to be Kept in Separate Fund or Account. 8.06.150 Financial Interest in Licensee Only. 8.06.160 Exclusive Operation by Licensee. 8.06.170 No License Transferable - Amended License for Changed Location. 8.06.180 Bingo Games Open to Public. 8.06.190 Attendance Limited to Occupancy Capacity. 8.06.200 Bingo Games Conducted Only on Licensee's Property. 8.06.210 Minors Not to Participate. 8.06.220 Intoxicated Persons Not to Participate. 8.06.230 Hours of Operation. 8.06.240 Days of Operation. 8.06.250 Participant Must be Present. 8.06.260 Receipt of Profit by a Person a Misdemeanor Under State Law. 8.06.270 City May Enjoin Violation. - 1 - 8.06.010 Organizatiore Eligible for City License to Conduct Bingo Games. Only those organizations which are exempted from the pay- ment of the bank and corporation tax by Section 23701d. of the Revenue and Taxation Code and a contribution or gift to which would be a char- itable contribution under Section 170 (c)(2) of the Internal Revenue Code of 1954, are eligible to apply to the City for license to conduct bingo games in the City under the provisions of Section 326.5 of the Penal Code and the provisions of this Chapter. 8.06.020 Purpose of Game. This Chapter applies only to bingo games played for revenue -raising purposes where such profits are for the benefit of eligible organizations as defined under Section 8.06.030 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 three days or less, or for a calendar year basis, 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. 8.06.040 Applicant Must be Qualified. No license shall be issued to any organization unless such applicant is an eligible orga- nization under Section 8.06.010 and its application conforms to the re- quirement, terms, and conditions of this Chapter. 8.06.050 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 8.06.010. (2) The business address of the applicant organization. (3) The name and signature of at least two officers, in- cluding the presiding officer of the corporation or community chest and the trustee of any trust. - 2 - (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) Said application shall be signed by the applicant under penalty of perjury. (8) The license fee fixed by the City Council by Resolution shall accompany the application. (9) The applicant shall also submit, with its application, a Certificate or Determination of Exemption Under Section 23701d. 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 Section 23701d. 8.06.060 Apportionment of Annual License Fee. In cases where a portion of the annual license period has elapsed prior to application for a license, the amount of the fee payable shall be apportioned as follows: (a) If application is made in the first quarter, the entire annual license fee shall be paid; (b) If application is made in the second quarter, three- fourths of the annual license fee shall be paid; (c) If application is made in the third quarter, one-half of the annual license fee shall be paid; (d) If application is made in the fourth quarter, one-fourth of the annual license fee shall be paid. - 3 - 8.06.070 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, including but not limited to, the City Manager, City Attorney, Police 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. 8.06.080 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 in- formation: (1) The nc7� and nature of the organization to whom the license is issued..{ i (2) Thv'address where bingo games are authorized to be conducted.'' (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. 8.06.090 Summary Suspension of License Pending Opportunity for Hearing - Misdemeanor to Continue after Suspension - Revocation. (a) Whenever it appears to the City Manager and/or his designee 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. (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 punish- able 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 im- prisonment. - 4 - (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 to determine whether such license shall be re- voked. 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. (d) Upon such request by the licensee, whose license has been suspended under subsection (a) 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 re- quest 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 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 until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. 8.06.100 Revocation of License - Alternative Procedure. (a) 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 ob- tained by fraudulent representation and no summary suspension is ordered, under Section 8.06.090, 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 ground advanced as the basis of the revocation. - 5 - 8.06.110 Appeal of Revocation to City Council. (a) 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 determination of the City Council on the appeal shall be final. (b) 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 23701d. of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstate- ment of said exemption. 8.06.120 DefirIItion 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. 8.06.130 Maximum Amount of Prize. 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. 8.06.140 Profits to be Kept in Separate Fund or Account. 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. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, con- duct, promotion, supervision, and any other phase of bingo games which are authorized by this Chapter. The City, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the City by making such record available. - 6 - 8.06.150 Financial Interest in Licensee Only. No individ- ual corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. 8.06.160 Exclusive Operation by Licensee. A bingo game shall be operated and staffed only by members of the licensee organi- zation. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or parti- cipate in the promotion, supervision, or any other phase of such game. 8.06.170 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, 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. 8.06.180 Bingo Games Open to Public. All bingo games shall be open to the public, not just to the members of the licensee organiza- tion. 8.06.190 Attendance Limited to Occupancy 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. 8.06.200 Bingo Games Conducted Only on Licensee's Property. A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this Chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performaric;e of the' purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organiza- tion, upon application under this Chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. MM 8.06.210 Minors Not to Participate. No person under eighteen years of age shall be allowed to participate in any bingo game. 8.06.220 Intoxicated Persons Not to Participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game. 8.06.230 Hours of Operation. No licensee shall conduct any bingo game more than five hours out of any twenty-four hour period. No bingo game shall be conducted before 10 A.M. nor after 2 A.M. of any day. 8.06.240 Days of Operation. No licensee shall conduct any bingo game more than once per each calendar week. 8.06.250 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. 8.06.260 Receipt of Profit by a Person a Misdemeanor Under State Law. It is a Misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive a profit, wage, or salary from any bingo game authorized under this Chapter, a violation of which is 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. 8.06.270 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. DIVISION 3. This Ordinance shall be published once in full before its final passage in the Independent Journal, 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. t!� #AC C. PAUL BETTINI, Mayor Attest: MARION A. GRADY, City C�rk The above and foregoing Ordinance No. 1247 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 20th day of December 197 6 , and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Nixon 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 , 1977 . MARION A. GRADY, City C'erk