Loading...
HomeMy WebLinkAboutOrdinance #2220 I ORDINANCE N0. 2220 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL COVE BY REPEALING CHAPTER 5. 64 THEREOF ENTITLED ', "BINGO GAMES" AND ADDING THERETO A NEW CHAPTER 5. 64 The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Coe is hereby f amended by repealing Chapter 5. 64 thereof. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding a new Chapter 5. 64 to read as f�llows : I r Chapter 5. 64 BINGO GAMES 5. 64 .010 Definitions . "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 . 015 Permit--Required. No person shall '� conduct any bingo game within the city of Huntington Beach without first obtaining a permit to do so from the City pursuant to this chapter. Any person conducting a bingo game with ut a permit to do so as required by this chapter shall be guilty of a mis- demeanor. 5. 64. 020 Organizations eligible for city permit to conduct bingo games . No person shall be eligible for a bingo permit unless such person is a mobile home park association or a senior citizens organization or is an organization exempt from the payment of the bank and corporation tax by any one of the ', following: Sections 23701a, 23701b, 23701d, 23701e, 23701f, �37019 or 23701Z of the California Revenue and Taxation Code; and that the proceeds of such games are used only for chaTrovided table purposes . 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 III . DPB:ps 1. i in the office of the license supervisor on a formto be provided by the license supervisor. The issuing authorityl, 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 326 . 5 of the California, Penal Code and Section 5. 64 . 020 of this chapter and its application conforms to the requirements, terms and conditions of this chapter. 5. 64 . 050 Contents of application. Said application for a permit shall 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 organization. (c ) The particular property within the cityiof Huntington Beach, including the street number, owned or leased by the appli- 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. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization#. (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 administrator upon violation of any of such provisions . (f) Said application shall be signed by the ',applicant under penalty of perjury. (g) An annual permit fee fixed by the city council by resolution shall accompany the application. Such ',annual fee, whether for the initial permit or renewal shall not exceed fifty dollars ($50) . If an application for a license is denied, one- half of any license fee paid shall be refunded to 'the organization. (h) The applicant shall also submit, with it',s application, written proof that it is a mobile home park association or a 2r senior citizens organization or written proof from the State Franchise Tax Board that it is an organization exempt from the payment of the bank and corporation tax by any one of the follow- ing: Sections 23701a, 23701b, 23701d, 23701e, 23101f, 237019 or 23701t of the Revenue and Taxation Code of the state of California. 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 law- fully 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 I the city of Huntington Beach, the city administrator shall issue a permit to said applicant, which shall contain the following 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 occupancy issued for the property in which bingo �ames are to be conducted. (d) The date of the expiration of such permit . (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 g game after any suspension thereof under subsection (a) above ',shall be guilty of a misdemeanor. 3 ? 5.64. 090 Suspension of permit--Appeal procedure. The pro- cedure for appeal following suspension of permits 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 game 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 . With respect to organizations exempt from payment ':of the bank and corporation tax by Section 23701d of the Revenue and Taxation Code, 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 . Such profits shall be used only ',for charitable purposes . With respect to other organizations authorized to con- duct bingo games pursuant to this section, all proceeds 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 . Such proceeds shall be used only for charitable purposes, except as follows : (a) Such proceeds may be used for prizes. (b) A portion of such proceeds, not to exceed ten (10) per- cent of the proceeds after the deduction for prizes, or five hundred dollars ($500) per month, whichever is less , may be used for rental of property, overhead, and administrative expenses. The city of Huntington Beach, by and through its authorized officers, shall have the right to examine and audit all books and records of any permittee hereunder at any reasonable time and permittee shall fully cooperate with the city of Huntington Beach by making such books and records available . 4. l 5. 64 .120 Financial interest in permittee only. No individual, corporation, partnership, or other legal entity except the per- mittee, 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 organization. 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 develop- ment 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 permttee' 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 organi- zation 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 a plication. 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 organi- zation, 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. Nothing in this chapter shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. 5. 64.170 Minors not to participate. No person under the age of eighteen 1 years of age shall be allowedito participate in any bingo game. 5.64 .180 Intoxicated persons not to participate. No person who is obviously intoxicated shall be allowed to participate in a bingo game . 5. it 5. 64.190 Hours of operation. No permittee shall conduct any bingo game more than six hours out of anyjtwenty-four (24) hour period. No bingo game shall be conducted between 2 a.m. and 10 a.m. of any day. 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 at which ',the bingo game is being conducted. SECTION 3 . PENALTY. Any person violating any of the pro- visions of this chapter shall be deemed guilty of ,a misdemeanor and upon conviction thereof shall be punished by a fine not exceed- ing five hundred dollars ($500) or by imprisonment for a period not exceeding six ( 6) months, or by both such fine and imprison- ment . SECTION 4 . If any section, subsection, sentence, clause, phrase or portion of this ordinance, or any future amendments or additions hereto, is for any reason held to be invalid or un- constitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the re- maining portion of this ordinance, or any future amendments or additions hereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto be declared invalid or unconstitutional. SECTION 5. The provisions of this ordinance ',insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the sane subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 6 . 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 6. 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 day of September, 1977 . lot yyf Mayor ATTEST: City Clerk INITIATED AND APPROVED: APPROVED AS TO 'FORM: y Administrator City Atto ,ney Ii 7. Ord. No. 2220 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 th'e whole number of members 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 . 6th day of September 19 77 , and was again read to said City Council at a regular meeting thereof held on the 19th day of Septembers 19 77 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, Wieder, Coen, Gibbs, Siebert, Shenlanan, Pattinson NOES: Councilmen: None ABSENT: Councilmen: None r4ct�lyc' erk and ex-officio Clerk of the City Council of the City of Huntington Beach, California M. fir_ .��. :_ �.;7. 1 Alicia ,A 1, n.., t:� :Y CLERK of the City of Huntin-t r ;3si r _< Ci,; Clerk of the City Council, d:- h h r h t `h s ordinance has been eFch 'dews ,on ' In acccrcan.„ :. , ti.__r of said City. ALICIA M. "jEr-4TFVORTH --- ---- -- ---- j Cety Clerk D6tyCityClerk I I.