Loading...
HomeMy WebLinkAboutORD 758ORD 758pT3(ÌìÐèFfRST l•:.' *NO L-^'r.c SECO^L-^G f//^:/^. ORDINANCE NO. 758 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING CERTAIN BINGO GAMES WITHIN THE CITY BOUNDARIES BY CHARITABLE ORGANIZATIONS AND AMENDING SECTION 4160 OF THE BALDWIN PARK MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4160 of the Baldwin Park Municipal Code is hereby amended to read as follows: 4160. BINGO GAMES. Nonprofit Organizations. Any organization exempted from the payment of the Bank and Corporation Tax by Sections 23701(a). 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code or any mobile home park association or senior citizens organization may conduct bingo games within the City of Baldwin Park, provided that the proceeds of such games are used only for charitable purposes, subject to the following conditions: a) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized by Section 19 of Article IV of the State Constitution. b) A violation of subdivision a) of this section shall be punishable by a fine not to exceed ten thousand dollars $10,000), which fine shall be deposited in the general fund of the City. A violation of any provision of this section, other than subdi- vision a) is a misdemeanor. c) The City may bring an action to enjoin a violation of this section. d) No minors shall be allowed to participate in any bingo game. e) An organization authorized to conduct bingo games pursuant to this section 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. Nothing in this subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. f) All bingo games shall be open to the public, not just to the members of the authorized organization. g) A bingo game shall be operated and staffed only by members of the authorized organization 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. h) 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. i) With respect to organizations exempt from payment of the Bank and Corporation Tax by Section 23701(d) of the Revenue and Taxation Code, a11 profits derived from a bingo game shall be kept in a special fund or account and shall not be co-mingled BIB] 37960-U01 ORD-U02 758-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32631-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 758pT3(ÌìÐèOrdinance No. 758 Page 2 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 section, all proceeds derived from a bingo game shall be kept in a special fund or account and shall not be co-mingled 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 of the proceeds after the deduction for prizes, or five hundred dollars $500) per month, whichever is less, may be used for rental of property, overhead and administrative expenses. j) 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 revocation 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 conduct additional bingo games within the City. k) 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 constitute grounds for denial of future licenses to the same applicant or licensee. 1) 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. m) The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars $250) in cash or kind, or both, for each separate game which is held. n) 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. It is the intention of the City Council that bingo as defined in this subdivision applies exclusively to this Section and shall not be applied in the construction or enforcement of any other provision of law. BIB] 37960-U01 ORD-U02 758-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32631-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04 ORD 758pT3(ÌìÐèOrdinance No. 758 Page 3 SECTION 2. 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. APPROVED AND ADOPTED this 15th day of September, 1977. ATTEST: S^.. 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. 758 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 1st day of September, 1977. That, thereafter, said Ordinance was duty approved and adopted at a regular meeting of the City Council on the 15th day of September, 1977, by the following vote: AYES: COUNCILMEN AGUILAR. KITCHEL. BLEWETT AND MAYOR WALDO_________ NOES: COUNCILMEN HAMILTON_______________________________ ABSENT: COUNCILMEN BIB] 37960-U01 ORD-U02 758-U02 LI2-U03 FO31548-U03 FO32626-U03 DO32631-U03 C5-U03 ORDINANCES-U03 12/4/2003-U04 ROBIN-U04