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WE
OF ORDINAKE
JUN 1 5 Im 4 _
Introduced by
Vice Mayor Read
ORDINANCE NO. 1978 N.C.S.
Seconded by
Matt Maguire
AN ORDINANCE OF THE COUNCIL OF THE CITE' OF PETALUMA
AMENDING CHAPTER 6.22 `BINGO" OF TITLE 6 "BUSINESS
REGULATIONS AND LICENSES" OF THE PETALUMA MUNICIPAL CODE
WHEREAS, bingo is a form of gambling and the City's police power embraces the
authority to strictly regulate it; and
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33 WHEREAS, the operation of bingo games could generate significant revenues and the
34 lure of such revenue production has resulted in increased requests for permits, and, therefore, an
35 increased burden on the City with respect to its review and processing of applications of
36 organizations wishing to conduct bingo within the City of Petaluma; and
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38 WHEREAS, there is a concern that newly chartered and/or out -of -county charities are
39 not truly in compliance with Penal Code Section 326.5; and
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I WHEREAS, there is a concern that such newly chartered and/or out -of -county charities
2 are not maintaining offices or performing activities for which the organization was organized
3 within the City of Petaluma; and
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5 WHEREAS, there have been situations that appear to be in violation of various State
6 statutes regarding conduct of bingo games.
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8 THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma as
9 follows:
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11 Section 1. Chapter 6.22 "Bingo" of Title 6 "Business Regulations and Licenses" is hereby
12 amended as follows:
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14 6.22.0.10 Games and Organizations Permitted.
15 No person, organization, or other legal entity shall be permitted to
16 conduct bingo games in the incorporated area of the City of
17 Petaluma unless such person, organization or other legal entity
18 possesses a valid certificate or letter from the Franchise Tax Board
19 and the Internal Revenue Service stating that they are exempted
20 from the payment of bank and corporate tax by Sections 23701(a),
21 23701(b), 23701(e), 23701(f), 23701(g), and 237011 of the
22 Revenue and Taxation Code and by mobilehome park associations
23 and by senior citizen organizations, and provided that such
24 authorized organizations hold a valid license and pay a license fee
25 pursuant to the provisions of this chapter; and provided that said
26 authorized organizations have been in continual existence within the
27 City for the period of ninety (90) days prior to the date application
28 is made for bingo license. Bingo games may be conducted within
29 the City, provided that such games are conducted in all respects in
30 compliance with California Penal Code Section 326.5, as the same
Ord. 1978 NCS
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may now or hereafter be amended, and said section is incorporated
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in this chapter by reference.
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6.22.020 Permit Application.
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Any person desiring to obtain a permit for the conduct of any bingo
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game within the City shall submit a written application to the police
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department of the city, together with the appropriate fee as
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established by resolution of the city council. The city council, by
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resolution, may adopt and revise from time to time a schedule of
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fees for the processing of permit applications for the conduct of
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bingo games.
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6.22.030 Permit Application-- Contents.
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A. Each application for a permit to conduct bingo games shall
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contain the following information:
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1. Name of the applicant;
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2. Residential and mailing address of the applicant;
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3. Statement that the applicant is eligible to conduct
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bingo games in accordance with the California Penal
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Code Section 326.5 as well as satisfactory proof of
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such eligibility including, but not limited to, proof
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that said applicant has been in continual existence
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within the City of Petaluma for a period of ninety
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(90) days prior to the date application is made for a
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bingo license;
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4. Names and home addresses of all principal officers
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of the organization, and of persons who will actually
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conduct the game;
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5. Name and address of the custodian of the financial
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records of the bingo games required by California
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Ord. 1978 NCS
I Penal Code Section 326.5, and the location of such
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records, if different,
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6. A written resolution of the governing body of the
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organization which is to conduct the game,
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authorizing the conduct of the game and signed by
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the president and secretary of the organization, or
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the corresponding executives if their title is different.
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B. Amendments to the notice must be forwarded to the chief of
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police upon change of any of the information required in
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this section. (Ord. 1265 NCS §1, 1977.)
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6.22 040 Permit Application Investigation of Applicant.
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Upon receipt of the completed application and required fee, the
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police department shall refer the application to affected city
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departments for verification of the statements in the application and
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for obtaining any and all recommendations as to whether the permit
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should be granted. Upon receipt of such verification and any
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recommendations and completion of any further investigation
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deemed necessary, the chief of police shall, in accordance with the
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criteria set forth in Penal Code Section 326.5 and this chapter,
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either grant, grant with conditions, or deny the permit. If the
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permit is denied, the police chief shall state in writing to the
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applicant the reasons for the denial.
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6.22.050 Permit --Contents.
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A. Each bingo permit issued under the provisions of this
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chapter shall contain the following information:
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1. The name and address of the organization to whom
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the permit is issued and the grounds for the
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eligibility of such organization to conduct bingo
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Ord. 1978 NCS
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games, as such eligibility is set forth in California
Penal Code Section 326.5(a);
2. The name and address of each person who has been
authorized to actually conduct the bingo games on
behalf of the permit holder;
3. The location or locations at which the bingo games
are authorized to be conducted;
4. The maximum authorized occupancy capacity of
each place at which the bingo games are authorized
to be conducted;
5. At the city's option, the date of expiration of the
permit;
6. Such other information, including, but not limited to,
the conditions and limitations upon the conduct of
bingo games, as may be determined by the chief of
police.
B. The permit shall be posed in a conspicuous place at the
location during the operation of the bingo games.
6.22.060 Permit --Change in Status.
A. During the term of the permit, the permit holder must
maintain its eligibility to hold such permit.
B. Immediately upon any change in the information set forth in
the permit application or in the permit itself, the permit
holder must report such change to the chief of police. If the
chief of police determines that such change does not
constitute a significant change in the manner or terms of
conduct of such games and does not affect the eligibility of
the permit holder, the chief of police may issue an amended
permit without charge. Failure to report such change in
Ord. 1978 NCS
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information shall constitute cause for revocation of the
permit.
C. If there is a significant change in the manner or terms of
conduct of such games or the information set forth in the
permit application, the chief of police may require a new
written permit application and appropriate fee.
6.22.070 Permit --Conditions and Limitations.
The chief of police may place upon any permit issued under
authority of this chapter such conditions and limitations upon the
activities conducted pursuant to such permit as the chief of police
may determine are necessary to protect the health, safety and
general welfare of any persons or property at or in the vicinity of
said activity.
6.22.080 Hours of Operation.
No bingo game may be conducted for a duration greater than six
hours during any twenty-four hour period. No bingo game may be
conducted between two a.m. and ten a.m. of any day.
6.22.090 Intoxicated Persons Not to Participate.
No person who is obviously intoxicated may be allowed to
participate in any bingo game.
6.22.100 Records Examination.
The city, by and through its employees, shall have the right at any
time to examine and audit the permit holder's records relating to its
bingo game operations and the permit holder shall fully cooperate
with the city and its bingo employees by making such records
available upon the city's request therefor.
Ord. 1978 NCS
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6.22.110 Revocation or Suspension of Permits.
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The chief of police may revoke, suspend or condition a previously
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issued bingo pert -nit for any of the following causes:
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A. The permittee is ineligible to hold the permit;
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B. The permit application contains one or more false,
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misleading or fraudulent statements;
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C. Bingo games authorized by the permit have been conducted
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in violation of a condition or requirement of the permit, or
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this chapter, or Section 326.5 of the California Penal Code;
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D. There has been one or more violations of federal, state or
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city law committed at the location of the bingo games in
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conjunction or associated with the operation of the bingo
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games or the bingo games and the accompanying activities
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have become detrimental to the health, safety or welfare of
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the residents of the city.
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E. There has been a significant change (as determined by the
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chief of police) in the manner or terms of conduct of such
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games.
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Should the chief of police take action under the provisions of this
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section, he shall provide the permittee with a written statement of
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the action taken, the effective date of the action, the facts relied
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upon such action, and a notice that the permittee may, within ten
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days of receipt of the statement, file with the city clerk a written
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appeal of the action to the city council. The written appeal shall
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state each ground and fact relied upon by the permittee to support
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its contention that the action of the chief of police should be
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reversed or modified. The appeal shall be scheduled for council
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review at the earliest practical time.
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The foregoing authority of the chief of police is in addition to the
authority of the city to cite and prosecute a permit holder for any
violation of law or to bring an action to enjoin the operation of the
bingo games or to enjoin any violation of this chapter or Penal
Code Section 326.5.
6.22.120 Operating Rules.
Each applicant shall formulate, publish and post in a conspicuous
place at the location of the bingo games written rules by which the
bingo games are conducted and which recite the prohibitions
described below.
It is unlawful for a licensee to knowingly authorize, permit, and
unlawful for any person to do any of the following:
1. Provide or award total prizes for each separate bingo game
which exceed $250 in cash or kind, or both,
2. Limit attendance or participation in such games to members
of the licensed applicant or otherwise deny attendance or
participation to any member of the general public who
complies with the rules of the game and conducts himself in
an orderly and law-abiding manner;
3. Participate in a bingo game, if the participant is under the
age of 18.
4. Participate in a bingo game, if the participant is obviously
under the influence of alcohol.
5. Participate in a bingo game, unless personally present at the
location of the games at the time the games are being
conducted.
Ord. 1978 NCS
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For the purposes of this section, "participate" is defined as
including the handling of bingo supplies or receipts during any
bingo session.
6.22.1.30
A licensee shall conduct bimyo gan)es only on property owned or
leased by it, or property whose use is donated to the licensee, and
which property is used by such Iicensee for the performance of the
purposes of which the organization is organized. Nothing in this
section shall be construed to require that the property be owned or
leased exclusively by or donated exclusively to such organization.
The requiremerts of the provisions of section (1) of Section 326 5
of the Penal Code and those ofthis section_ shall be deemed satisfied
if the licensee conducts regular business meetings or other activities
consistent with its purposes in addition to bingo games, upon the
property which it owns, leases, or uses as a donee. A licensee need
not use the properly exclusively for activities which will fill its
purpose or objectives.
Section 2. If any section, subsection, sentence, clause or phrase or.word of this ordinance
is for any reason held to be unconstitutional by a 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 Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional.
Ord. 1978 NCS
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Section 3. The City Clerk is hereby directed to publish/post this ordinance for the period
and in the manner required by the City Charter.
INTRODUCED and ordered posted this 17th day of April , 1995.
ADOPTED this 15th day of _ May , 1995 by the following vote:
AYES: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas
ATTEST: APPROVED AS TOFORM:
Clerk City Attorney
ord.doc
3/13/95 (fmk)
Ord. 1978 NCS
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