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HomeMy WebLinkAbout90 - Ordinances ORDINANCE NO. 90 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC~IONGA, CALIFORNIA, PROVIDING FOR THE ELIGIBILITY OF AND REGULATIONS PERTAINING TO THE PLAYING OF BINGO WITHIN THE CITY OF RANCHO CUC~MONGA. The Cfty Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: ORGANIZATIONS ELIGIBLE FOR CITY LICENSE TO CONDUCT BINGO GA>TS (a) Bingo games may be conducted only by organizations exempted from the payment of the bank and corporation tax by Sections 2370ia, 23701b, 23701d, 23701e, 23701f, 23701g, and 237011 of the Revenue and Taxation Code, and by mobilehome park associations, and senior citizens' organizations; (b) and provided that the proceeds of such games are used onlv for charitable purposes, prizes and operational costs; (c) and provided further that any orgainzation authorized to conduct bingo games comply with the provisions of this ordinance and Section 326.5 of the Penal Code. SECTION 2: DEFINIT.ION (a) As used in this Ordinance "Bingo" shall mean 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. (b) Mobile home park associations shall mean those organizaitons that are formed by the residents of mobile home parks within the City of Rancho Cucamonga. (c) Senior citizen orgainzations shall be those organizations formed for the benefit of senior citizens living primarily in the City of Rancho Cucamonga. SECTION 3: LICENSE REQUIRED No eligible organization shall conduct a bingo game unless it has first applied for and obtained a license from the City of Rancho Cucamonga pursuant to the provisions of the Ordinance. SECTION 4: APPLICATION FOR LICENSE Any organization which is eligible under Section 1 of this ordinance may apply in writing for a license to conduct bingo games to the office of licensing official. The issuing authority shall be the Finance Director. SECTION 5: CONTENTS OF APPLICATION (a) Said application for license shall contain the following: t. Tt~e name and address of tile organization; 2. The address within the City at which the bingo games will be conducted, and the occupancy capacity o~ such place; ~c legal names, residence addresses, home telephone numbers, drivers' license numbers, and social security numbers of the directors and officers; The basis for eligibility. 5. The date on which the organization was organized for the purpose stated in the application, and the date on which the organization actively began to pursue the purpose stated in the application; 6. The proposed days of the week and hours of the day for conduct of bingo games; 7. The bank and account number of the account into which proceeds of the bingo game shall be deposited; 8. The name and address of the person who will be responsible for keeping the books of the organization. 9. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this ordinance as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the Finance Director upon violation of any such provisions; 10. Any other information specified by the Finance Director which is reasonably required to complete the investigation on any application; ll. The application shall be signed by the officers of the applicant under penalty of perjury; (b) The license fee f~xed bv the City Council by resolution shall accompany the application. (c) In addition to the f~regoing information, the following documents shall be attached to the application: 1. If the organization is a corporation, certified copies of its Articles of Incorporation and Bylaws. If the organization is other than a corporation, certified cop[es of its Bylaws; 2. Certified copies of the "Certificate of Tax Exempt Status" from the California Franchise Tax Board, except for mobile home park associations or senior citizens o~anizations. SECTION 6: INVESTIGATION The Finance Director shall examine all applications filed under Section 5 hereof and shall make, or cause to be made, such further investigation of the application and the organization as he shall deom necessary in order to perform his duties under this ordinance. Upon request by the Finance Director, the organization shall make available for inspection bv the Finance Director, or his authorized representative for such purposes, all of the organizations books, records, and papers at any reasonable time before the license is granted, during the time a license is granted, during the time a license is in effect, or after a license has expired, or after a license has been suspended or revoked. SECTION 7: STANDARDS FOR GRANTING OR DENYING EICENSES (a) The Finance Director may issue the license provided for in Section 5 hereof whenever he finds the following facts to exist: 1. That all of the statements made in the application are true; Ordinance No. 90 Page 3 2. That the organization is qualified under Section l(a) of this ordinance. 3. No evidence that a director, officer or employee of the organization has engaged in any fraudulent transaction or enterprise; 4. That the bingo games shall be controlled, supervised and conducted only by a director, officer or employee of the organization; 5. That the organization has consented to inspection of the premises where the bingo games shall be conducted, and the books and bank accounts relating to the proceeds from said bingo games. (b) The Finance Director may deny a license whenever he finds that any one or more of the facts in Subsection (a) of this section do not ex~st. SECTION 8: CONTENTS OF LICENSE (a) Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Rancho Cucamonga, the Finance Director shall issue a license to said applicant which shall contain the following information. 1. The name and nature of the organization to ~om the license is issued. 2. ~e 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 which sbal] be December 31st of the year it is issued; 5. Such other information as may be necessary or desirabl~ for the enforcement of the provisions of this chapter. (b) Any organization holding a license hereunder shall post it in a prominent place at the location wherein it shall conduct its bingo games. (c) Any license issued under this ordinance shall not be transferred and any attempted transfer shall void the license. SECTION 9: All profits derived from a bingo game shall be kept in a separate account or fund and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenditures received and disbursed in connection with its operation, conduct, promotion, supervision, and any other phase of bingo games which are authorized by this ordinance. All profits derived from a bingo game shall be used only for the charitable purposes. The City of Rancho Cucamonga, by and through its authorized officers, shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with the City of Rancho Cucamonga by making such records available. SECTION 10: CONDUCT OF BINGO GAMES Each organization holding a license under this ordinance shall conduct bingo games in accordance with the following requirements: Page (a) No minor shall be allowed to participate in any bingo games; (b) The licensee shall conduct bingo games on property as listed on the license application form; (c) All bingo games shall be open to the public, not just to the members of the licensee organization; (d) A bingo game shall be operated and staffed only by members of the licensee organization. No person shall receive or pay a profit, wage or salary from any bingo game. (e) No individual, corporation, partnership or other entity except the licensee organization shall hold a financial interest in the conduct of such bingo game; (f) No person who is obviously intoxicated shall be allowed to participate in a bingo game, and no alcoholic beverage shall be allowed to be consumed in the room in which the bingo game is being conducted; (g) No person shall be allowed to participate in a bingo game, unless a person is physically present at the time and place at which the bingo game is being conducted; (h) The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 in cash or kind, or both for each separate game which is held. (i) No licensee shall conduct bingo games more than two (2) davs per calendar week and more than six (6) hours out of any twenty-four hour period. No bingo game shall be conducted before 2:00 p.m. nor after 11:59 p.m. of any day. SECTION 11: ATTENDANCE LIMITED TO OCCUPANCY CAPACI%Y Notwithstanding 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 Division of the City of Rancho Cucamonga in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person. SECTION 12: BINGO GAMES CONDUCTED ONLY ON LICENSEE'S PROPERTY A licensee shall conduct a bingo game only on the property owned or leased by it, and which property is used by such organization for any o~fice 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 or as a place for performance of the purposes for which the licensee is organized, the license shall terminate, however, the license may be obtained by an eligible organization, upon application under this ordinance, 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. Only one license shall be issued for any location or property. SECTION 13: REPORTING REQUIREMENTS (a) Each organization holding a license under this Ordinance shall file a written report, on a form provided by the Finance Director, ever calendar quarter. Ordinance No. 90 Page 5 (b) The reports required by this Section shall be filed with the Finance Director within ten (10) days of expiration of each reporting period; and such reports shall contain the names and addresses of any new director or officer of the organization. (c) Any license issued under this Ordinance shall be suspended for any failure to comply with the reporting provisions of this Section; and notice thereof shall be given by registered mail to the address shown on the organization's application. (d) Any organizatfon whose license has been suspended under this Section shall cease to conduct any bingo games until further notice from the Finance Director. SECTION 14: LICENSE RENEWALS At least thirty (30) days prior to the expiration of any license hereunder, the licensee organization may apply to the License Official for renewal of its license hereunder. The application for renewal shall be on a form provided by the License Official, and it shall determine whether the information provided on the original application it still true. (a) The Finance Director shall not renew a license if he finds that any of the facts listed in Section hereof no longer exists, or that the organization applying for renewal hereunder has failed to comply, in any respect, with the provisions of this Ordinance. SECTION 15: REVOCATION OF LICENSES (a) Whenever it shall be shown or whenever the Finance Director has knowledge that any organization, or agent thereof, holding a license under this Ordinance has violated any of the provisions of this Ordinance, the Finance Director shall immediately suspend the license and give the organization written notice by registered mail of the suspension and a brief statement of the reasons therefor. (b) Upon receipt of said "Notice of Suspension", the organization whose license has been suspended shall cease from conducting any bingo game, and its failure to do so shall constitute a separate and further violation of this Ordinance. (c) Together with the "Notice of Suspension" required by Subsection (a) of this Section, the Finance Director shall invite the organization whose license has been suspended to participate in a hearing to be held within fifteen (15) days of the date of the suspension to show cause why the license should not be permanently revoked. At the hearing, the organization whose license was suspended shall have the right to present evidence as to the facts upon which the Finance Director based his suspension of this license, and any other facts which may aid the Finance Director in determining whether this Ordinance has been violated. Within fifteen (15) days after the hearing the Finance Director shall decide to reinstate, conditionally reinstate, suspend or revoke the license. Said decision together with the reasons therefor shall be in writing and shall be delivered to the organization whose license has been suspended by registered mail. SECTION 16: APPEAL In the event of any finding or decision of the Finance Director which is adverse to the application of an organization for a license or renewal t~,ereof under this Ordinance, or if a license is suspended or revoked, the organization may appeal to the City Council, provided, that such appeal is filed with the City Clerk within fifteen (15) days from the date of the finding or decision of the Finance Director. The Finance Director sRall n~tify an organization of this right to appeal, and such notice shall accompany each and every finding and decision of the Finance Director which im adverse to any organization applying for a license or renewal thereof under this Ordinance. The finding or decision and the notice of this right to appeal shall be mailed by registered mail, to the organization at the address which appears on its application for a license or renewal thereof. (a) At its first regular meeting after the filing of a notice to appeal, the City Council shall set a hearing on said appeal for a date certain within the next thirty (30) days. SECTION 17: PENALTIES AND REMEDIES (a) It is a misdemeanor for any person to receive or pay a profit, wage or sa]ary from any bingo game authorized by this Section. , A violation of this Subsection shall be punished by a fine not to exceed $10,000 which fine shall be deposited in the general fund of the City of Rancho Cncamonga. (b) An~ other violation of this Ordinance by any person, organization or entity shall constitute a misdemeanor and may be punished by a fine not to exceed S500, or imprisonment in the County jail, not to excee~ six (6) month, or both. (c) The City may commence on action in a court of competent jurisdiction to enjoin any violation of this Ordinance. SECTION 18: SEVERABILITY It is the intention of the City Council that each provision of this Ordinance shall be deemed independent of all other provisions there[n, and it is further the intention of the City Council that if anv provision of this Ordinance [s declared invalid, all of the provisions hereof shall remain valid and enforceable. SECTION 19: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Dailv Report, a newspaper of general circulation published in the City of Ontario, California,~.and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of November, 1979. .AYES: Schlosser, Bridge, Mikels, Palombo, Frost NOES: None ABSENT: None ATTEST: ~~~