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HomeMy WebLinkAboutORD 741ORD 741pT3(ÌìÐÞr,.. y/^/7^ \ ORDINANCE NO. 741 SECOND r^.- AN ORDINANCE OF THE CITY COUNCIL DF THE CITY OF BALDWIN PARK AUTHORIZING L'EKIAIN—— BINGO GAMES WITHIN THE CITY BOUNDARIES BY CHARITY ORGANIZATIONS WHEREAS, the People of the State of California adopted Assembly Constitutional Amendment No. 3 of the 1975-76 regular session; and WHEREAS, said Constitutional Amendment authorizes cities by local ordinance to permit the conducting of bingo games by non-profit charitable organizations under certain conditions; and WHEREAS, it is the desire of the City Council of the City of Baldwin Park to enact an enabling ordinance to permit the conduct of such bingo games NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 4160 BINGO GAMES Non-profit Charitable Organizations SECTION 1. A non-profit, charitable organization may conduct a bingo game within the City of Baldwin Park subject to the following conditions: a) Such games may only be conducted by and for the benefit of organizations exempted from the payment of the Bank and Corporation T.ix 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. b) It shall be a misdemeanor for any person to receive a profit, wacr1 or salary from any bingo game authorized by Sect on 19 of Article IV of the State Constitution. c) A violation of subdivision b) of this Section shall be punishable by a fine not to exceed $10,000 which fine shall be deposited in the General Fund of the City. d) The City may bring an action to enjoin a viola- tion of any of the provisions of this Section. e) No minors shall be allowed to participate in any bingo game. f) A non-profit, charitable organization 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. g) All such bingo games authorized by this Ordinance shall be open to the public, and shall not be limited to members of the non-profit chari- table organization. h) A bingo game shall be operated and staffed only by members of the non-profit charitable organi- zation which organized it. Such members 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. BIB] 37960-U01 ORD-U02 741-U02 LI2-U03 FO31548-U03 FO32591-U03 DO32613-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 741pT3(ÌìÐÞORDINANCE NO. 741 1) 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 such bingo game. j) All profits derived from a bingo game shall be kept in a special fund or account of the organization conducting such game and shall not be co-mingled with any other fund or account of such organization. k) Any organization conducting a bingo game pursuant to the provisions of this Section shall obtain from the City a license permitting the licensee to conduct a bingo game; said license shall specify the date on which and the place at which said game shall be conducted; a separate license shall be obtained and the fee for said license shall be as set by resolution of the City Council; the applicant shall furnish the City with such information as is reasonably necessary to carry out the purposes of this Section and as more specifically set forth in an application which shall be promulgated by the City Manager of the City, which shall be responsible for the issuance of said license; any violation of any of the provisions of this Section shall constitute grounds for the revo- cation of a license to conduct a bingo game and may further constitute grounds for the denial to the applicant or licensee of any future license to con- duct additional bingo games within the City. 1) Where a violation of any of the provisions of this Section has occurred or is threatened the license may be denied if it has not been issued and may be revoked if it has been issued, by action of the City Council. When, in the opinion of the City Manager, there is insufficient time to refer the matter to the City Council, the City Manager may deny a license or revoke a license where a violation of this Section has occurred or is threatened. Such action taken by the City Manager may be appealed in writing to the City Council however no such action shall be stayed pending such appeal. Violation of any of the terms or conditions of any such license or of any of the provisions of this Section shall con- stitute grounds for denial of future licenses to the same applicant or licensee. m) No person shall be allowed to participate in any bingo game conducted pursuant to this Section unless the person is physically present at the time and place in which the bingo game is being conducted. n) The total value of prizes awarded during the conduct of any bingo games shall not exceed $250.00 in cash or kind, or both, for each se- parate game which is held. BIB] 37960-U01 ORD-U02 741-U02 LI2-U03 FO31548-U03 FO32591-U03 DO32613-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 741pT3(ÌìÐÞORDINANCE NO. 741 o) As used in this Section 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. SECTION 2. Violation of any of the provisions of the preceding Section, except a violation of subsection b) for which a separate penalty has been provided, shall be punishable as a misdemeanor in the manner provided in this Municipal Code. SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED and ADOPTED this 10th day of August 1976. ATTEST: A_____,_ THELMA L. BALKUS, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 741 was regularly introduced and placed upon its first reading at a____regular meeting of the City Council on the 4th day of August, 1976.That, thereafter, said Ordinance was duly approved and adopted at an adjourned regular meeting of the City Council on the lOthday of August 1976, by the following vote: AYES: COUNCILMEN AGUILAR, KITCHEL, BLEWETT, HAMILTON AND MAYOR WALDO, NOES: COUNCILMEN ABSENT: COUNCILMEN fe^^ THELMA L. BALKUS, City Clerk 3- BIB] 37960-U01 ORD-U02 741-U02 LI2-U03 FO31548-U03 FO32591-U03 DO32613-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04