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HomeMy WebLinkAboutOrdinance #2102 ORDINANCE NO. 2102 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 9. 24 . 020, 9 . 24. 030 AND 9. 24 . 040, THEREOF AND ADDING CHAPTER 5. 64 THERETO, PERTAINING TO BINGO GAMES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Municipal Code is hereby amended by amending Sections 9. 24 . 020, 9. 24. 030 and 9 . 24.040 to read as follows : 9 .24. 020 Premises--Keeping. No person (either as prin- cipal, agent, employee or otherwise) shall keep, conduct or maintain within this city any house, room, apartment or place used in whole or in part as a place where any game not men- tioned in Sections 330 or 330a of the Penal Code of the state of California, is played, conducted, dealt or carried on, with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips, creditor any other rep- resentative of value or for any merchandise or any other thing of value, except that bingo games may be conducted pur- suant to Chapter 5 .64 of this code . 9 .24 . 030 Permitting unlawful . No person (either as prin- cipal, agent, employee or otherwise) shall knowingly permit any house, room, apartment or place owned by him or under his charge or control, in this city, to be used in whole or in part for playing, conducting, dealing or carryng on therein any game not mentioned in Sections 330 and 330a of the Penal Code of the state of California, with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips , creditor any other representative of value or for any merchandise or any other thing of value, except that bingo games may be conducted pursuant to Chapter 5 . 64 of this code. 9.24 . 040 Betting--Limitations . No person shall play or bet at or against any game not mentioned in Sections 300 or 330a of the Penal Code of the state of California, which is played, conducted, dealt or carried on with cards, dice, billiard balls, pool balls, cues or other devices, for money, checks, chips , credit or any other representative of value or for any merchandise or any other thing of value, except that bingo games may be con- ducted pursuant to Chapter 5 . 64 of this code. MT: er 1 , SECTION 2. The Huntington Beach Municipal Code is hereby g p y amended by adding thereto Chapter 5 . 64 to read as follows : Chapter 5. 64 BINGO GAMES 5. 64. 010 Defintions . "Bingo game", as used in this chapter, 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. 5 . 64 . 020 Organizations eligible for city permit to conduct bingo games. Corporations, community chests or trusts, which are: (1) organized and operated exclusively for religious, charitable, scientific , testing for public safety, literary or educational purposes, and for the pre- vention of cruelty to children or animals; and (2) exempted from the payment of the bank and corpora- tion tax by Section 23701d of the Revenue and Taxa- tion Code and a contribution or gift to which would be a charitable contribution under Section 170 (c ) (2) of the Internal Revenue Code of 1954, are eligible to apply for a permit to conduct bingo games in the city of Huntington Beach under the provisions of Section 326. 5 of the Penal Code and the provisions of this chapter . 5. 64 . 030 Application for permit . Eligible organizations desiring to obtain such permit to conduct bingo games in the city of Huntington Beach shall file an application in writing therefor in the office of the license supervisor on a form to be provided by the license supervisor. The issuing authority shall be the city administrator. 5. 64 . 040 Applicant must be qualified. No permit shall be issued to any organization unless such applicant is an eligible organization under Section 5 . 64. 020 and its application conforms to the requirements, terms and conditions of this chapter. 5.64. 050 Contents of application. Said application for a permit s all contain the following: (a) The name of the applicant organization and a statement that applicant is an eligible organization under Section 5 . 64 . 020. (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 Huntington Beach, including the street number, owned or leased by the appli- 2. cant, 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 occu- pancy load as noted on the certificate of occupancy issued for such property. (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 this chapter as they may be amended from time to time, and agrees that the permit to conduct bingo games may be revoked by the city adminstrator upon violation of any of such provisions. (f) Said application shall be signed by the applicant under penalty of perjury. (g) The permit fee fixed by the city council by resolution shall accompany the application. (h) The applicant shall also submit, with its application, written proof: from the Franchise Tax Board in Sacramento that it is an organization exempted from the payment of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code of the state of California; and from the Internal Revenue Service that the organization is one that a contribution or gift to which would be a charitable contribution under Section 170(c ) (2) of the Internal Revenue Code of 1954. Such written proof must be in a form acceptable to the City of Huntington Beach. 5. 64. 060 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 administrator, 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. 5. 64 . 070 Contents of permit . Upon being satisfied that the applicant is fully qualified under law to conduct bingo games in the city of Huntington Beach, the city administrator shall issue a permit to said applicant, which shall contain the follow- ing information: (a) The name and nature of the organization to whom the permit is issued. (b ) The address where bingo games are authorized to be conducted. (c ) The occupancy load as noted on the certificate of occu- pancy issued for the property in which bingo games are to be conducted. (d) The date of the expiration of such permit . 3 . (e) Such other information as may be necessary or desirable for the enforcement of the provisions of this chapter. 5. 64 . 080 Suspension of permit . (a) Whenever it appears to the city administrator that the permittee is conducting a bingo game in violation of any of the provisions of this chapter, the city administrator shall have the authority to suspend the permit and order the permittee to cease and desist immediately any further operation of any bingo game. (b) Any person who continues to conduct a bingo game after any suspension thereof under subsection (a) above shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding $500 or by imprisonment in jail for a period not exceeding six (6) months, or by both such fine and imprisonment . 5. 64 . 090 Suspension of permit - Appeal procedure. The procedure for appeal following suspension of permit is as follows : (a) Within seven (7) days after the receipt of the notice of suspension the applicant shall file a notice of appeal with the city clerk, addressed to the city council, and stating the basis of the appeal. (b) The city clerk shall schedule a hearing to be held within fifteen (15) days of the filing of the notice of appeal . The city clerk shall cause the applicant to be given notice of the hearing by certified mail at least five (5) days in advance of the date of the hearing. The applicant, or his designated representative, may appear before the city council, and make an oral presentation of the appeal, or he may make the appeal through a written statement, or he may do both. The city council shall rule on the appeal within fifteen (15) days after it is heard and such ruling shall be final . 5. 64 .100 Maximum amount of prize. The total value of prizes awarded during the conduct of any bingo games shall not exceed Two Hundred Fifty Dollars ($250) in cash or kind, or both, for each separate game which is held. 5. 64 .110 Profits to be kept in separate fund or account . All 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 . The permittee 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 chapter. The City of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and permittee shall fully cooperate with the City of Huntington Beach by making such record available. 4 . 5. 64.120 Financial interest in permittee only. No individual, corporation, partnership, or other legal entity except the permittee shall hold a financial interest in the conduct of such bingo game. 5.64 . 130 Exclusive operation by permittee. A bingo game shall be operated and staffed only by members of the permittee organiza- tion. Such members shall not receive a profit, wage, or salary from any Bingo game . Only the permittee shall operate such game, or participate in the promotion, supervision or any other phase of such game . 5. 64 .140 Bingo games open to public . All bingo games shall be open to the public, not just to the members of the permittee organization. 5. 64.150 Attendance limited to occupancy capacity. Not- withstanding 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 department and department of Building and community development of the City of Huntington Beach in accordance with applicable laws and regulations . Permittee shall not reserve seats or space for any person. 5. 64 .160 Bingo games conducted only on permittee' s property . A permittee 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 organ- ization is organized. The permit issued under this chapter 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 permittee is organized, the permit shall have no further force or effect . A new permit may be obtained by an eligible organ- ization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. 5. 64 .170 Minors not to participate. No person under the age of eighteen l years of age shall be allowed to participate in any bingo game. 5. 64.180 Intoxicated persons not to partiticpate . No person who is obviously intoxicated shall be allowed to participate in a bingo game. 5. 64 ,190 Hours of operation. No permittee shall conduct any bingo game more than six hours out of any twenty-four (24) hour period. No bingo game shall be conducted before 10 a.m. nor after 2 a.m. of any day. 5. 5. 64. 200 Participant must be present . 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 3 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of August, 1976. W-4'4��a ATTEST- Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: C_ ity Administrator Ctty Att rney APPROVED, INITIATING DEPARTMENT: 6. Ord. No. 2102 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of member$ of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 2nd day of August, 19 76 , and was again read to said City Council at a regular meeting thereof held on the 16th day of August 19 76 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Pattinson, Siebert, Shenkman, Wieder NOES: Councilmen: None ABSENT: Councilmen: Coen, Gibbs • City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California {, Alicia M. Wentworth CITY CLERK of the City of Huntin•ten Beach and ex-officio Clerk of the City Courc 1. ', hereby 9,1,A tWs ord"rz ice has been �f/ ,th 4 n th :.. n sc�ch News on In arc --, c ;7,L11 :-_r cf said City. ...... M W�NTWORTFI_.._.:._ ... City Clerk .iDgpijty y clwk