HomeMy WebLinkAbout3684
'.
-
I-
I
\:
1
ORDINANCE NO. 3& 9'/
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 3606 ENTITLED IN PART "OIWINANCE . . . ALLOWING BINGO GAMES.
. . ."; AND PROVIDING FOR LICl!:NSING OF AND REGULATING OF BINGO
GAMES lilY NON-PROFIT ORGANIZATIONS, MOBILEHOME PARK ASSOCIATIONS
AND SENIOR CITIZEN ORGANIZATIONS PURSUANT TO CALIFORNIA PENAL
CODE SECTION 326.5.
2
3
4
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7
SECTION 1. Ordinance No. 3606, Section 1, Subsection (a)
8 is hereby amended to read as follows:
9
"(a) Nonprofit organization. A nonprofit organization is
10 an organization exempted by the bank and corporation tax by
11 Sections 23701 (a), 23701 (b), 23701 (d), 23701 (e), 23701 (f), 23701 (g
12 or 23701(1) of the California Revenue and Taxation Code.
13
SECTION 2. Ordinance No. 3606, Section Two is hereby
14 amended to read as follows:
15
16
"SECTION 2. License Required. No person, firm, corporatio ,
association, partnership or organization other than a nonprofit
17
organization, mobilehome park association, or senior citizen
18 organization may conduct bingo games. Such organizations or
19 associations shall not conduct bingo games without first having
20 secured a license to conduct such games from the City Clerk as
21 hereinafter provided."
22
SECTION 3. City Ordinance No. 3606, Section 4 is hereby
23 amended to read as follows:
24
"SECTION 4. Application for License. Applicants for
25 bingo licenses shall file a written, signed and acknowledged
26 application with the City Clerk, showing:
27
(a) The name and address of applicant.
28
(b) The day, dates, hours and locations where the bingo
"
1-
1 "games will be operated.
2 (c) The name or names of the person or persons having the
3 management or supervision of said games.
4 (d) The maximum number of participants expected on the
5 premises.
6 (e) Whether food and beverages will be available.
7 (f) Such other reasonable information as may be required
8 as to the identity or character of the applicant, manager or
9 members of applicant operating said games.
10 If the applicant is a nonprofit organization, the applica-
11 tion shall be accompanied by a copy of the tax exempt status
12 determination issued by the State Franchise Tax Board to the
13 applicant organization.
14 If the applicant does not own the premises for which the
15 license is sought, the applicant shall submit with the application
16 a copy of the lease under which the applicant has the right to use
17 such premises. II
18 SECTION 4. Ordinance No. 3606, Section 6 is hereby amended
19 to read as follows:
20 "SECTION 6. Operation of Bingo Game. A bingo game shall
21 be conducted only on property owned or leased by the licensed
22 organization or association and used by it for an office or for
23 performance of the purposes for which the organization or associa-
24 tion is organized. Use solely for the purposes of conducting
25 bingo, games is not an acceptable use. The bingo game shall be
26 operated and staffed only by members of the licensed organization
27 or association which organized said, game. Such members shall not
28 receive a profit, wage, or salary from any bingo game. Only the
-2-
I:
,
1 \organization or association licensed to conduct a bingo game
I . .
2 I shall operate such. game or participate in the promotion, super-
3 ivision, or any other phase of such game. Bingo games shall not
4 be held:
5
6
(a) For more than two sessions in anyone week; or
(b) For more than five (5) hours in any twenty-four (24)
7 hour period; or
8
(c) Between the hours of 2 a.m. and 6 a.m. of anyone day;
9 or
10
(d) In anyone session, after the awarding of a total valu
11 of prizes in the total amount or value of one thousand dollars
12 ($1,000.00)."
13
SECTION 5. Ordinance No. 3606, Section 8 is hereby amended
14
to read as follows:
15
"SECTION 8. Account for Profits and Proceeds.
16
(a) All profits derived from a bingo game by organizations
exempt from payment of the bank and corporation tax by Section
17
18
2370l(d) of the California Revenue and Taxation Code shall be
19
kept in a special fund and shall not be commingled with any other
20
fund or account. Such profits shall be used only for charitable
21
I purposes.
(b) with respect to all other licensees, all proceeds
22
23
24
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 for charitable purposes, except as
25
26
follows:
27
(1) Such proceeds may be used for prizes.
28
(2) A portion of such proceeds not to exceed ten (10)
-3-
I:
1 ji percent of the proceeds after the deduction for prizes, or five
2 hundred dollars ($500.00) per month, whichever is less, may be
3 used for rental of property, overhead and administrative expenses.
(3) Records required by this section shall be retaine
5 for a period of three (3) years. The licensee's books and records
4
6 shall be available for inspection by the Chief of Police or his
7 designated representative upon reasonable notice."
SECTION 6. Ordinance No. 3606, Section 10 is hereby amende
9 to read as follows:
8
"SECTION 10. Bingo Game Open to Public. All bingo games
11 shall be open to the public, not just to the members of the
10
12 licensed organization or association."
13
SECTION 7. Ordinance No. 3606, Section 14 is hereby amende
14 to read as follows:
15
16
"SECTION 14. License Not Transferable. Each license
17
issued hereunder shall be issued to a specific organization or
association for a specific location and shall in no event be trans
I
ferable from one organization or location to another."
18
19
I HEREBY CERTIFY that the foregoing ordinance was duly
20
the City of San
adopted by the Mayor and
meeting thereof, held
21
Bernardino at a
/
Ion the 1//v
vote, to wit:
:1~/TJt~ ,
22
\,--"
day of
1977, by the following
23
24
/ / / /
/ / / / /
25
26
27
28
-4-
_/~'
0~~ ;~;k
~~'
~" /.:
c~--iwut'ic'ity / er
ordinance is hereby approved . ~
1
AYES:
2
3
NAYS:
4
ABSENT:
5
6
7
The foregoing
of C._-71~ ,
-
1977 .
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
<
day
FILED
NOV 1 o 19T(
.
.......DE.PUTY
-5-