HomeMy WebLinkAboutOrdinances 1978 05/15/1995i
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0~9INANCE NO. 1978 N.C.S.
Introduced by
Vice Mayor Read
Seconded by
Matt Ma~uire
AN O~INANCE OF T~E COUNCII. OF THE CI'I'~' OF PE'I'ALUIVIA
AlVIIENDING C~AP'I'ER 6.22 `BINGO" O~' TI'I'I,~ 6"B~TSINESS
~Gi1I.ATIONS ANI9 LICENSES" OF THE PE'TAI,iT1VIA 1VIUNIC~AI, COI2E
W~E~AS, 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 W~E~AS, the operation of bingo games could generate significant revenues and the
34 lure of such revenue production has resulted in increased requests for pernvts, 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 W~I~ItEAS, 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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Ord. 1978 NCS F~. I O~ 10
1 W~E~AS, 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 W~E~2EAS, 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 'I'~EItEFO~, ~E I'T 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 6.22.010 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(~, 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
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Ord. 1978 NCS
1 may now or hereafter be amended, and said section is incorporated
2 in this chapter by reference.
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4 6.22.020 ~'ermit Application.
5 Any person desiring to obtain a permit for the conduct of any bingo
6 game within the City shall submit a written application to the police
7 department of the city, together with the appropriate fee as
8 established by resolution of the city council. The city council, by
9 resolution, may adopt and revise from time to time a schedule of
10 fees for the processing of permit applications for the conduct of
11 bingo games.
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13 6.22.030 Pea~mit Application-- Contents.
14 A. Each application for a permit to conduct bingo games shall
15 contain the following information:
16 1. Name of the applicant;
17 2. Residential and mailing address of the applicant;
18 3: Statement that the applicant is eligible to conduct
19 bingo games in accordance with the California Penal
20 Code Section 326.5 as well as satisfactory proof of
21 such eligibility including, but not limited to, proof
22 that said applicant has been in continual existence
23 witlun the City of Petaluma for a period of ninety
24 (90) days prior to the date application is made for a
25 bingo license;
26 4. Names and home addresses of all principal officers
27 of the organization, and of persons who will actually
28 conduct the game;
29 5. Name and address of' the custodian of the financial
30 records of the bingo games required by California
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Ord. 1978 NCS
1 Penal Code Section 326.5, and the location of such
2 records, if different;
3 6. A written resolution of the governing body of the
4 organization which is to conduct the game,
5 authorizing the conduct of the game and signed by
6 the president and secretary of the organization, or
7 the corresponding executives if their title is different.
8 B. Amendments to the notice must be forwarded to the chief of
9 police upon change of any of the information required in
10 this section. (Ord. 1265 NCS §1, 1977.)
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12 6.22 040 Permit Application Investigation of Applicant.
13 Upon receipt of the completed application and required fee, the
14 police department shall refer the application to affected city
15 departments for verification of the statements in the application and
16 for obtaining any and all recommendations as to whether the permit
17 should be granted. Upon receipt of such verification and any
18 recommendations and completion of any further investigation
19 deemed necessary, the chief of police shall, in accordance with the
20 criteria set forth in Penal Code Section 326.5 and this chapter,
21 either grant, grant with conditions, or deny the permit. If the
22 permit is denied, the police chief shall state in writing to the
23 applicant the reasons for the denial.
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25 6.22.050 Permat--Coe~tents.
26 A. Each bingo permit issued under the provisions of this
27 chapter shall contain the following information:
28 1. The name and address of the organization to whom
29 the permit is issued and the grounds for the
30 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 Stltus.
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 signiticant 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
5
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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 pursua~it 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 ~ours 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 Partecipate.
No person who is obviously intoxicated may be allowed to
participate in any bingo game.
6.22.100 I2ecords Examin.ition.
The city, by and through its einployees, shall have the right at any
time to examine and audit the permit holder's records relating to its
bingo game operations and the pern~it holder shall fully cooperate
with the city and its bin~o employees by making such records
available upon the city's request therefor.
Ord. 1978 NCS ~~ , ~p ~~ ~~
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1 6.22.110 itevoca~ion or Suspension of Peronits.
2 The chief of police may revoke, suspend or condition a previously
3 issued bingo permit for any of the following causes:
4 A. The permittee is ineligible to hold the permit;
5 B. The permit application contains one or more false,
6 misleading or fraudulent statements;
7 C. Bingo games authorized by the permit have been conducted
8 in violation of a condition or rec~uirement of the permit, or
9 tliis chapter, or Section 326.5 of the California Penal Code;
10 D. There has been one or more violations of federal, state or
11 city law committed at tlie location of the bingo games in
12 conjunction or associated with the operation of the bingo
13 games or the bingo games and the accompanying activities
14 have become detrimental to the health, safety or welfare of
15 the residents of the city.
16 E. There has been a significant change (as determined by the
17 chief of police) in the manner or terms of conduct of such
18 games.
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20 Should the chief of police take action under the provisions of this
21 section, he shall provide the permittee with a written statement of
22 the action taken, the effective date of the action, the facts relied
23 upon such action, and a notice tllat the permittee may, within ten
24 days of receipt of the statement, file with the city clerk a written
25 appeal of the action to the city council. The written appeal shall
26 state each ground and fact relied upon by the permittee to support
27 its contention that the action of the chief of police should be
28 reversed or modified. The appeal sha11 be scheduled for council
29 review at the earliest practical time.
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Ord. 1978 NCS
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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.fl20 Operating g2ules.
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 autfiorize, permit, and
unlawful for any person to do any oFthe 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 gaines at the time the games are being
conducted.
Ord. 1978 NCS
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For the pur~oses o; t~~s st,ctian, "~~rt:icipaYe" is defined as
including ±he hancllin~ of ~in~o suppli2s ~r receipts during any
liingo sessio~t.
6.22.1:~~
A lic~nsee s}ta'1 cc~ndu~t bin~~,~ ~a.»~s oniy on pror~ert;~ owner~ oi~
leased by it, or property whosL tcse is donated to the licensee, and
wi~ich prop~t~.y is used ny ~uch Ii;,e~isee f~r the perFormance of the
purposes of wh~cl~ the org.3nizatien is organized. Nothing in this
s~cri~~r~ s1_iall ~e car.strued to rec~uir~e ti~1t tile property be o~*~necl ~r
leased exclusively Ly ~i• donateci esclusively to siicli organizati~n.
The rec~ui~eniPr.ts of tlle provis:ens of secti~n (i) of S~ction 326 5
~f the ~'~nai C~~cie and thosca oi'ti~is s~cEic~r_ shnll be deemed ~atisfieu~
if the ~icensee cc,nc'uc~s re~ular tyusin~ss meeting~ or other activities
c~~nsistent ~~vitl~ its purp~~ses ~n ad~;itic~n io bingc> games, upon the
p~-operty wttich it o~~ns, ;eases, or use:s as a c~c>nee. A licensee iieed
not use the propeily exrlusively fur activities which wiil fill its
purpose er ol~jeciiv~s.
Secti~n 2. If ar~y section, subsecti~n, sei~t~;.~cP, clause c-r phrase or.worci of this ordinance
is for an~~ reas~.~n held to he uncor,stitutic~nal by~ a Cour[ oi conipetent jurisdiction, such decision
shall not affect the validity of tl~e remaining portion~ ~f this ordinance. The City Council of the
City of Petalurna hereby decla.r.s that it woulcl have passe.~ and adopted this ordinance and each
and all provisions thereaf irres}~ective ~~f tl~c fact tl3at ~iny one or inore of said provisions be
declared unconstitutiot~al.
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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 ~~ day of April , 1995.
ADOPTED this 15th day of _ Niay , 1995 by the following vote:
AYES: Shea, Maguire, Stompe, Hamilton, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas
ATTEST: APPROVED AS TO FORM:
~_____~
__ ~"' y ~~Ga~~
t / .l
' Clerk City Attorney
ord.doc
3/13/95 (fmk)
Ord. 1978 NCS
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