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: ~~~