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HomeMy WebLinkAboutNS-1677EJC:jd 4/19/83 ORDINANCE NO. NS-1677 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 10-59.1, 10-60.2, 10-60.3, 10-61.1, 10-61.3, 10-61.5, 10-61.6, 10-61.9, AND 10-62, AND ADDING SECTIONS 10.60.1.1, 10-61.10 AND 10-61.11 RELATING TO BINGO GAMES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 10-59.1 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-59.1. Organizations eligible for city license to conduct bingo games. Organizations exempted from the payment of the bank and corporation tax by Sections 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 provisions of Section 326.5 of the Penal Code as amended, and the provisions of the Santa Ana Municipal Code relating to bingo. SECTION 2: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 10-60.1.1, which said section reads as follows: Sec. 10-60.1.1. License fee; Monthly report. (a) Each application for a bingo license shall be accompanied by a license_fee in the amount of Fifty Dollars ($50.00), one-half (1/2) of which shall be refunded to the applicant if the license is denied. (b) Each licensee shall pay a monthly fee of one percent (1%) of the monthly gross receipts over Five Thousand Dollars ($5,000.00) derived from bingo games to the city's director of finance, as hereinafter provided. (c) On or before the fifteenth (15th) day of each month, the licensee shall report in writing to the city's ORDINANCE NO. NS-1677 Page two director of finance, in a form prescribed by the director, an accounting of all bingo receipts and expenditures for the immediately preceding calendar month. The statement required hereunder shall be signed and certified to be correct by the president or treasurer of the licensee, and shall be accom- panied by the payment required by subsection (b) of this section. Fees not paid when due shall bear interest from the date due until paid at the maximum rate an individual is permitted by law to charge. SECTION 3: That SeCtion 10-60.2 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-60.2. Contents of application. An application for bingo license shall contain the following: (a) The name of the applicant organization and a statement that applicant is an eligible organization under Section 10-59.1(a) and has met the requirement of Section 10- 59.1(b). (b) The name, address and date of birth of officers and directors 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, donated to or 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 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. ORDINANCE NO. NS-1677 Page three (f) 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 cer- tificate of determination of exemption pursuant to the Revenue and Taxation Code section which is applicable to the applicant organization, or a letter of good standing from the exemption division of the franchise tax board in Sacramento showing exemption under said applicable section. (g) Said application shall be signed by the appli- cant under penalty of perjury. (h) No person shall make any fraudulent statement on the application with respect to the information required herein. SECTION 4: That Section 10-60.3 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-60.3. Investigation of Applicant; Grounds for Denial. (a) Upon receipt of the completed application and the fee, the finance director shall refer the application to the city manager for investigation. (b) bingo license following: The city manager shall deny the issuance of a if the city manager finds any or all of the 1) The applicant has made a material misrep- resentation in the application; or (2) The applicant fails to qualify as an applicant organization; or (3) The property fails to qualify as property on which bingo games may lawfully be conducted as to fire, zoning, occupancy, parking, and other applicable restrictions; or (4) Any officer or director of the applicant has, within five (5) years prior to the application filing date, been convicted in a court of competent jurisdiction of a felony or any crime involving theft, embezzlement, dishonesty or fraud. ORDINANCE NO. NS-1677 Page four SECTION 5: That Section 10-61.1 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 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 twenty percent (20%) of the proceeds after the deduction for prizes, or One Thousand Dollars ($1,000.00) per mont~h, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment, and security personnel. Each licensee shall keep full and ac- curate records of the income and expenses received and dis- bursed 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 author- ized officers, shall have the right to examine and audit such records, including 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 category, including any special cards. (c) Amount of prizes awarded in each individual game. (d) Total amount of receipts gained from ad- mission fees and sale of cards. ORDINANCE NO. NS-1677 Page five (e) Total amount of session. prizes awarded at each 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 three (3)years. SECTION 6: That Section 10-61.3 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 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. This section shall not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the game. SECTION 7: That Section 10-61.5 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-61.5. Attendance limited to occupancy capacity. 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 planning and development services in accordance with ap- plicable laws and regulations, including, but not limited to, occupancy capacity as limited by required parking for the particular property. Notwithstanding the occupancy capacity at any location, a licensee shall not permit more than five hundred (500) persons to participate in any bingo game. SECTION 8: That Section 10-61.6 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-61.6 Bingo games conducted only on licensee's property. A licensee shall conduct a bingo game only on prop- erty donated to or owned or leased by it, and which property ORDINANCE NO. NS-1677 Page six 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 effect. A new license may be obtained by an eligible organi- zation upon application under this Code, when it again has property donated to it or owns or leases property used by it for an office, or for performance of the purposes for which the organization is organized. Nothing in this section shall be construed to require that the property donated to or owned or leased by the organization be used or leased exclusively by the organization; provided, however, that such property shall not be used for the conduct of bingo games by more than one (1) licensee. SECTION 9: That Section 10-61.9 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-61;9. Hours of Operation. (a) No licensee shall conduct bingo games, and no bingo games shall be conducted between the hours of 12:01 a.m. and 10:00 a.m. of any day. (b) No licensee shall conduct more than one (1) bingo game at a time, and no bingo games shall be conducted at any location for a period of time greater than six (6) hours per day. (c) No licensee shall conduct bingo games more often than one (1) day a week, unless the attendance at the bingo games conducted by such licensee is limited by the terms of the license to one hundred (100) persons or less. No licensee whose license so limits attendance at the bingo games conducted by such licensee to one hundred (100) persons or less shall conduct bingo games more often than two (2) days a week. (d) Notwithstanding the foregoing, the city man- ager, upon written application for good cause shown, may authorize any licensee to conduct bingo games for not more than up to twelve (12) additional days per year. ORDINANCE NO. NS-1677 Page seven SECTION 10: That the San~a Ana Municipal Code, is hereby amended by adding a section, to be numbered 10-61.10, which said~section reads as follows: Sec. 10-61.10 Staff member identification Any person participating in the operation, conduct, or staffing of any bingo game shall wear on his or her outside clothing, in plain view, an identification badge measuring not less than 2 1/2" by 3 1/2" in size, specifying the full name and title of such person and the name of the licensee organization, stating that such person is a member of the licensee organization, and containing a photograph of such person. SECTION 11: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be number 10-61.11, which said section reads as follows: Sec. 10-61.11. Bingo manager. Each applicant for a bingo license shall file with the application, a Statement specifying the name and address of a person or persons who shall manage, supervise and be responsible for the conduct of all bingo games by said appli- cant. Said person or persons shall be known as the bingo manager, shall sign the statement accepting such responsibility, and one such bingo manager shall be present on the premises at all times during which bingo games are conducted. With respect to bingo licenses issued prior to the effective date of adoption of this section, such licensees shall file the above statement within ten (10) days following the effective date of adoption of this section. In the event any other person is designated as the bingo manager by any licensee, such licensee shall immediately file a new statement containing all of the data specified in this section. SECTION 12: That Section 10-62 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 10-62. Receipt or payment of profit by a person; misdemeanor under state law. (a) It is a misdemeanor for any person to receive or pay a profit, wage, or salary from any bingo game authorized ORDINANCE NO. NS-1677 Page eight by Section 19 of Article IV of the State Constitution and Section 326.5 of the Penal Code of the State of California. Security personnel employed by the organization conducting the bingo game may be paid from the revenues of bingo games, as provided in this Code. (b) A violation of subdivision (a) of this section shall be punishable by a fine not to exceed Ten Thousand Dollars ($10,000.00), which fine shall be deposited in the general fund of the city as provided in Penal Code Section 326.5(c). SECTION 13: 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 ordi- nance. 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 sec- tions, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 14: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or 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 provision applicable to any violation thereof, nor to affect the validity of any bond or cash de- posit in lieu thereof, required to be posted, filed or de- posited pursuant to any ordinance, and all rights and obli- gations thereunder appertaining shall continue in full force and effect. SECTION 15: The provisions of Ordinance No. NS- 1677 shall apply to all licenses issued before or after the date of adoption of said ordinance; provided, however, that organizations issued licenses prior to the effective date ORDINANCE NO. NS-1677 Page nine of said ordinance shall not be required to pay the fifty dollar ($50.00) application fee pursuant to Santa Ana Municipal Code Section 10-60.1.1(a), but shall be required to file a new application containing the information set forth in Santa Ana Municipal Code Section 10-60.2. ADOPTED this 2nd day of MaN , 1983. ATTEST: 9'Clerk of the Counc~O/ COUNCILMEMBERS: Bricken Aye Acosta Griset Aye McGuigan Aye Johnson Nay Young tuxembourger - 7~.ve Ri W~UXEMBOURGER, ~yor EDWARD City AttOrney--