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HomeMy WebLinkAboutNS-1396JMR:tw 1/11/78 ORDINANCE NO. NS-1396 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE REGULATING BINGO GAMES TO MAKE SAID SECTIONS COMPLY WITH STATE LAW, AND TO LIMIT THE NUMBER OF DAYS PER WEEK AND THE NU~ER OF LOCATIONS WHEN AND WHERE BINGO MAY BE PLAYED THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 10-59 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 10-59. Bingo License Required. No person or organization shall organize, conduct or operate a bingo game without having first procured and main- tained a license issued by the City of Santa Ana pursuant to the provisions of this Code. SECTION 2: That Section 1-59.1 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 10-59.1. Organizations Eligible for City License to Conduct Bingo Games. (a) Organizations exempted from the payment of the bank and corporation tax by Section 23701 a, 23701 b, 23701 d, 23701 e, 23701 f, 23701 g, and 23701 1 of the Revenue and Taxation Code and mobile home park associations and senior citizens organizations are eligible to apply to the city for a license to conduct bingo games in the City of Santa Ana under the pro- visions of Section 326.5 of the Penal Code as amended and the provisions of the Santa Ana Municipal Code relating to bingo. (b) Organizations otherwise eligible may be granted a license at a location for which another eligible organization has already received a license pursuant to the provisions stated here- in and subject to the provisions of Section 10-61.9 (a). (c) Any license issued pursuant to this section shall be valid for one year from the date of issuance and valid for only one location in the city. No person or organization shall be entitled to have more than one such license in effect at any one time. SECTION 3: That the Santa Ana Municipal Code is hereby amended to read as follows: Section 10-60.1. Qualifications. No license shall be issued to any organization unless such applicant is an eligible organization under Section 10-59.1 and its application conforms to the requirements, terms and conditions of this Code. SECTION 4: That Section 10-60.2 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 10-60.2. Contents of Application. ORDINANCE NO. NS-1396 PAGE TWO 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 10-59.1 (a) and has met the require~ ment of Section 10-59.1 (b). (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 provisions of Sec- tion 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 viola- tion of any such provisions. (f) The License fee fixed by the City Council by reso- lution shall accompany the application. (g) Except as to mobile home park associations and senior citizens organizations (unless the same are qualified under any of the applicable Revenue and Taxation Code sections), the applicant shall also submit, with its application, a certificate of determination of exemption pursuant to the Revenue and Taxation Code section which is appli- cable to the applicant organization, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacramento showinq exemption under said applicable section. (h) Said application shall be signed by the applicant under penalty of perjury. (i) No person shall make any fraudulent statement on the application with respect to the information required herein. SECTION 5: That Section 10-60.4 of the Santa Ana Muni- cipal Code is hereby amended to read 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 be valid for a period of one (1) year from the date of issuance and which shall contain the following information: ORDINANCE NO. PAGE THREE NS-1396 (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 expiration of such license. (e) The days and hours during which licensee conducts or operates a bingo game. (f) Such other information as may be necessary or desirable for the enforcement of the provisions of this Code. SECTION 6: That Section 10-60.7 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-60.7. Appeal of Revocation to City Council. (a) Any holder of a license aggrieved by the decision of the City Manager to revoke said license may appeal to the City Council as provided in Chap- ter 3 of this 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 (1) year from the date of said revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the section of the Revenue and Taxation Code applicable to the eligible organization, such organization may again apply for a license upon proof of rein- statement of said exemption. SECTION 7: That Section 10-61.1 of the Santa Ana Muni- cipal Code is hereby amended to read 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 commingled with any other fund or account. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, such profits shall be used only for charitable purposes. With respect to other organizations authorized to conduct bingo games, proceeds shall be used only for charitable purposes, except (1) Such proceeds may be used for prizes, and (2) A portion of such proceeds, not to exceed ten percent (10%) of the proceeds after the deduction for prizes, or five hundred dollars ($500.00) per month, whichever is less, may be used for rental of property, overhead and administrative expenses. Each licensee shall keep full and accurate records 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. ORDINANCE NO. PAGE FOUR NS-1396 The City of Santa Ana, by and through its authorized officers, shall have the right to examine and audit such records, includ- ing records of any bank accounts, at any reasonable time, and licensee shall cooperate fully with the City of Santa Ana by making such records available and/or allowing inspection of same, including, but not limited to, execution of any consent documents required by law. Said records shall include, but are not limited to the following: (a) Number of participants present at each session of bingo. (b) Number of bingo cards sold in each price cate- gory including any special cards. (c) Amount of prizes awarded in each individual game. (d) Total amount of receipts gained from admission fees and sale of cards. (e) Total amount of prizes awarded at each session. Ail records relating to the operation of a bingo game shall be kept on file and accessible to said officers of the City for a period of one year. SECTION 8: That Section 10-61.2 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-61.2. Financial Interest in Licensee Only. No person, corporation, partnership, or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game. SECTION 9: That Section 10-61.4 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-61.4. Conduct of Game. (a) Ail bingo games shall be open to the public, not just to the members of the licensee organization. (b) No person shall be allowed to participate in a bingo game unless such person is physically present at the time and place during which the bingo game is being played. (c) There shall be one corresponding ball or object in the receptacle for each number and letter on all bingo cards utilized in the game. (d) The equipment used in the playing of bingo and the method of play shall be such that each card has an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls shall be present in the recep- tacle from which they will be drawn before each game is begun. A method of displaying the numbers called shall be utilized and shall be plainly visi- ble to all players. ORDINANCE NO. NS- 1396 PAGE FIVE (e) The bingo caller and the receptacle from which the objects or balls are drawn shall be in the same room as the players. No more than one room shall be used for any bingo game. A~numbers announced shall be plainly and clearly audible to all the players present. (f) Ail objects or balls to be drawn during a bingo game shall be prominently displayed for viewing by the players for 15 minutes and audited prior to the start of a bingo session and during all intermissions. Any player is entitled to a verification of all the numbers drawn at the time a winner is determined. Such verification shall be made in the immediate presence of the member of the licensee organization who is in charge of the game. If such member is also the caller, the verification shall be in the immedi- ate presence of three witnesses. SECTION 10: That Section 10-61.5 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-61.5. Attendance Limited to Occupancy Capacity. 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 Chief and Director of Building Safety and Housing 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 11: That Section 10-61.6 of the Santa Ana Muni- cipal Code is hereby amended to read 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 organi- zation 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 licen- see is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this Code, when it again owns or leases property used by it for an office or for performance of the pur- poses for which the organization is organized. Nothing in this section shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. SECTION 12: That Section 10-61.7 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-61.7. Minors Not to Participate. No person shall allow any person under the age of eighteen (18) years to participate in any bingo game, nor shall any person under the age of eighteen (18) years participate in any bingo game. ORDINANCE NO. NS-1396 PAGE SIX SECTION 13: That Section 10-61.8 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-61.8. Intoxicated Persons Not to Participate. (a) No person shall allow any person who is obviously intoxicated to participate in a bingo game. (b) No person shall allow any person to consume any alcoholic beverage while participatinq in a bingo game. SECTION 14: That Section 10-61.9 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 10-61.9. Hours of Operation. (a) No licensee shall conduct bingo games and no bingo games shall be conducted more often than three (3) days per week and between the hours of 2:00 a.m. and 10:00 a.m. of any day at any sinqle location. (b) Notwithstanding the foregoing, the City Manager, upon written application, shall authorize any licensee to conduct bingo games for not more than up to 12 additional days during the term of licensee's license. SECTION 15: That Section 10-61.10 of the Santa Ana Muni- cipal Code is hereby repealed. SECTION 16: That Section 10-62 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 10-62. Receipt or Payment 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 or pay 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), which fine shall be deposited in the general fund of the City of Santa Ana. SECTION 17: 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 compe- tent 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, Dhrases or por- tions be declared invalid or unconstitutional. ORDINANCE NO. NS-1396 PAGE SEVEN SECTION 18: 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 construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provi- sions applicable to any violation thereof, nor to affect the vali- dity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 6th day of February , 1978, by the following vote: Ward, Brandt, 0rtiz, Yamamoto AYES: COUNCILMEN: Evans, Garthe NOES: COUNCILMEN: None ATTEST: ABSENT: CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY