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HomeMy WebLinkAboutNS-1314MK:adg 7/14/76 ORDINANCE NO. NS-1314 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTIONS 10-58 THROUGH 10-63, RELATING TO THE REGULATION OF BINGO GAMES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-58, which said section reads as follows: Section 10-58. Definition of "Bingo" "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: by adding a section, as follows: The Santa Ana Municipal Code is hereby amended to be numbered 10-59, which said section reads Section 10-59. Organizations Eligible for City License to Conduct Bingo Games Corporations, Community Chests or Trusts, which are: (a) Organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary o~ educational purposes, and for the prevention of cruelty to children or animals; and (b) Exempted from the payment of the bank and corporation tax by Section 23701d 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 Rev- enue Code of 1954, are eligible to apply to the City for a license to con- duct bingo games in the City of Santa Ana under the provisions of Section 326.5 of the Penal Code and the provisions of the Santa Ana Municipal Code relating to bingo. SECTION 3: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-60, which said section reads as follows: Section 10-60. Application for License Eligible organizations desiring to obtain such license to conduct bingo games in the City of Santa Ana shall file an appli- cation in writing with the Finance Department on a form to be provided by the Finance Department. The issuing authority shall be the City Manager. SECTION 4: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-60.1, which said section reads as follows: Section 10-60.1. Qualifications No license shall be issued to any organization unless such applicant is an eligible organization under Section 10-59 and its application conforms to the requirements, terms and con- ditions of this Code. ORDINANCE NO. NS-1314 Page Two SECTION 5: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-60.2 , which said section reads as follows: Section 10-60.2. Contents of Application Said application for license shall contain the following: (a) The name of the applicant organization and a state- ment that applicant is an eligible organization under Section 10-59. (b) The name and signature of at least two (2) officers including the presiding officer, of the corporation or community chest and the trustee of any trust. (c) The particular property within the City of Santa Ana including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place. (d) Proposed days of week and hours of day for conduct of bingo games. (e) That the applicant agrees to conduct bingo games in strict accordance with the provisio~of Section 326.5 of the Penal Code and the Santa Ana Municipal Code as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the City Manager upon violation of any such provisions. (f) Said application shall be signed by the applicant under penalty of perjury. (g) The license fee fixed by the City Council by resolu- tion shall accompany the application. (h) The applicant shall also submit, with its application, a certificate of Determination of Exemption under Section 23701d of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showing exemption under said Section 23701d. SECTION 6: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-60.3, which said section reads as follows: Section 10-60.3. Investigation of Applicant. Upon receipt of the completed application and the fee, the Finance Director shall refer the same to interested departments of the City including, but not limited to, the City Manager, City Attorney, Police Department and the Fire Department for investigation as to whether or not all the statements in the application are true and whether or not the property of the applicant qualifies, and the extent to which it qualifies, as property on which bingo games may lawfully be conducted as to fire, occupancy and other applicable restrictions. ORDINANCE NO. NS-1314 Page Three SECTION 7: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-60.4, which said section reads as follows: Section 10-60.4. Contents of License. Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the City of Santa Ana, the City Manager shall issue a license to said applicant, which shall contain the following information: (a) The name and nature of the organization to whom the license is issued. (b) The address where the bingo games are authorized to be conducted. (c) The occupancy capacity of the room in which bingo games are to be conducted. (d) The date of the expiration of such license.° (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this Code. SECTION 8: The Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 10-60.5, which said section reads as follows: Section 10-60.5. Summary Suspension of License Pending Opportunity for Hearing - Misdeameanor to Continue after Suspension - Revocation. (a) Whenever it appears to the City Manager that the licensee is conducting a bingo game in violation of any of the provisions of this Code, the City Manager shall have the authority to summarily suspend the license and order the licensee to immediately cease and desist any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after any summary suspension thereof under subsection (a) shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in jail for a period not exceeding six (6) months, or by both such fine and imprisonment. (c) The order issued under subsection (a) shall also notify the licensee that he shall have five days from the date of such order to request a hearing to determine whether such license shall be revoked. Failure to request, in writing, such hearing before the City Manager within said five-day period, shall result in a revocation of the license. (d) Upon such request by the licensee, whose license has been suspended under subsection (a), for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within ten days after receipt of such request at which hearing the suspended licensee may appear before the'City Manager, or his delegate, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless notice of the time and place of such hearing ORDINANCE NO. NS-1314 Page Four shall have first been given at least five days before the hear- ing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation. (e) Any organization whose license is revoked under this section shall not conduct any bingo game in the City until such time as the City Council, on appeal, deter- mines to overrule the decision of the City Manager. SECTION 9: The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-60.6, which said section reads as follows: Section 10-60.6. Revocation of License - Alternative Procedure. (a) Whenever it appears to the City Manager that the licensee is conducting bingo games in violation of any of the provisions of this Code, or that the license was obtained by fraudulent representation, and no sununary suspension is ordered under Section 10-60.5, the license may be revoked; provided, however, the licensee may appear before the City Manager, or his delegate, at the time fixed by the City Manager, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this section unless written notice shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said licensee at the address given in the application. Notice shall set forth a summary of the grounds advanced as the basis of the revo- cation. (b) Any organization whose license is revoked under this section shall not conduct any bingo games in the City until such time as the City Council, on appeal, determines to overrule the decision of the City Manager. SECTION 10: The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-60.7, which said section reads as follows: Section 10-60.7. Appeal of Revocation to City Council (a) Any holder of a license agrieved by the decision of the City Manager to revoke said license may appeal to the City Council as provided in Chapter 3 of the Code. (b) Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the City of Santa Ana for a period of one year from the date of said revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under Section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption. SECTION 11: The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-61, which said section reads as follows: ORDINANCE NO. NS-1314 Page Five Section 10-61. Maximum Amount of Prize The total value of prizes awarded during the conduct of any bingo game shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. SECTION 12: The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-61.1, which said section reads as follows: Section 10-61.1. Profits to be Kept in Separate Fund or Account Ail profits 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. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this Code. The City of Santa Ana, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the City of Santa Ana by making such record available. SECTION 13: The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-61.2, which said section reads as follows: Section 10-61.2. Financial Interest in Licensee Only No individual, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. SECTION 14: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.3, which said section reads as follows: Section 10-61.3. Exclusive Operation by Licensee A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage, or salary from any bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any other phase of such game. SECTION 15: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.4, which said section reads as follows: Section 10-61.4. Bingo Games Open to Public Ail bingo games shall be open to the public, not just to the members of the licensee organization. SECTION 16: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.5, which said section reads as follows: Section 10-61.5. Attendance Limited to Occupancy Capacity ORDINANCE NO. NS-1314 Page Six 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 deter- mined by the Fire Department and Building Department of the City of Santa Ana in accordance with applicable laws and regu- lations. Licensee shall not reserve seats or space for any person. SECTION 17: The Santa Aha Municipal Code is hereby amended by addingg a section, to be numbered 10-61.6, which said section reads as follows: Section 10-61.6. Bingo Games Conducted Only on Licensee's Property A Licensee 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. The license issued under this Code 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 and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or affect. A new license may be obtained by an eligible organization, upon application under this Code, when it again owns or lease property used by it for an office or for performance of the purposes for which the organization is organized. SECTION 18: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.7, which said section reads as follows: Section 10-61.7. Minors Not to Participate No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo game. SECTION 19: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.8, which said section reads as follows: Section 10-61.8. Intoxicated Persons Not to Participate No person who is obviously intoxicated shall be allowed to participate in a bingo game. SECTION 20: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.9, which said section reads as follows: Section 10-61.9. Hours of Operation No licensee shall conduct any bingo game more than six (6) hours out of any twenty-four (24) hour period. No bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. of any day. SECTION 21: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-61.10, which said section reads as follows: Section 10-61.10. Participant Must Be Present ORDINANCE NO. NS~314 Page Seven 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. SECTION 22: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-62, which said section reads as follows: Section 10-62. Receipt of Profit by a Person - Misdemeanor Under State Law It is a misdemeanor under Section 326.5(b) of the Penal Code of the State of California for any person to receive a profit, wage or salary from any bingo game authorized under this Code, a violation of which is punishable by fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the City of Santa Ana. SECTION 23: The Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 10-63, which said section reads as follows: Section 10-63. City may Enjoin Violation The City of Santa Aha may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of the Penal Code or of the provisions of the Santa Ana Municipal Code relating to bingo games. SECTION 24: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitu- tional. SECTION 25: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, failed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 20th day of September ,1976. ATTEST: FLORENCE I. ORDINANCE NO. NS-1314 Page Eight STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 16th day of August , 1976, and was again considered by said Council at its regular meeting held on the 20th day of SeptembeD1976, and was at said meeting passed and adopted by the following vote to wit: AYES, COUNCIL~IEN: 0rtiz, Brandt~ Garthe, Ward NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Evans Bricken, Yamamoto, APPROVED AS TO FORM: KEITH L. GOW, City Attorney