HomeMy WebLinkAboutCity Council - 4335 RESOLUTION NO. 4335
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH REQUESTING THE LEGISLATURE TO
EXPAND PENAL CODE SECTION 326.5'�TO INCLUDE OR-
GANIZATIONS IN ADDITION TO NONPROFIT CHARITABLE
ORGANIZATIONS WHICH MAY QUALIFY FOR CONDUCTING
BINGO GAMES
WHEREAS, Section 326 .5 was added to the California Penal
Code in 1975 and became operative upon adoption of Assembly
Constitutional Amendment No . 3 of the 1975-1976 regular session
of the State, legislature, and it allows cities to enact ordinances
permitting bingo games provided such ordinances allow games only
for the benefit of organizations exempted from the payment of
the bank and corporation tax by Section 23701d of the Revenue
and Taxation Code, and a contribution or gift to which would be
a charitable contribution under Section 1701(c ) (2) of the Internal
Revenue Code of 1954; and
Section 326 .5 of the California Penal Code also provides
that a nonprofit charitable organization shall conduct bingo
games 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 organization is organized; and
Said Section 326 . 5, California Penal Code further provides
that the city may impose a license fee on each nonprofit charitable
organization which it authorizes to conduct bingo games; and
Section 326. 5, California Penal Code is narrowly drafted,
allowing bingo only to nonprofit charitable organizations which
qualify for exemptions under Section 23701d of the Revenue and
Taxation Code; and
Such restrictions do not permit service clubs and other non-
profit organizations of, a service or recreational or other praise-
1.
DPB: ahb
worthy nature to conduct bingo games . Such organizations, to
mention just a few, as the Boy Scouts, Girl Scouts , Campfire
Girls , Rotary, Lions , Kiwanis, Exchange , Optimists , among others,
are precluded from conducting bingo games under Section 326.5
of the California Penal Code (the mention of the name of a club
or organization herein does not mean such organization desires
to conduct bingo games ) ; and
The City Council of the City of Huntington Beach has re-
ceived a number of requests from service organizations for per-
mit
s to conduct bingo games , and such organizations have been
denied permits by reason of the restrictions contained in said
Section 326. 5, California Penal Code; and
The conducting of bingo games by such service organizations
under proper safeguards would not be injurious to the public
health, safety or welfare of the community,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the State Legislature is hereby
requested to enact an amendment to Section 326.5 , California
Penal Code to allow cities in California to enact ordinances which
would permit service clubs and other nonprofit organizations to
conduct bingo games in addition to charitable organizations which
qualify under Section 23701d of the Revenue and Taxation Code .
Specifically, it is requested that organizations which qualify
for exemptions under the following sections of the Revenue and
Taxation Code be also included within the purview of Section 326 . 5
of the California Penal Code:
1. Section 23701b, Fraternal beneficiary societies , orders,
or organizations .
2. Section 23701d, Religious , charitable, scientific,
literary, educational and humanitarian corporations .
3. Section 23701f, Civic leagues; social welfare and em-
ployees' organizations .
4. Section 23701g, Nonprofit pleasure and recreation clubs .
2 .
5. Section 23701Z, Domestic fraternal societies , orders
or associations.
A copy of this resolution shall be sent by the City Clerk
to all state assemblymen and senators who represent the city of
Huntington Beach or any part thereof, also to the Speaker of the
Assembly and the President of the Senate .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at an adjourned regular meeting thereof held on
the 6th day of October, 1976.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City At'l�V
APPROVED AS TO CONTENT AND AS
INITIATING DEPARTMENT: /
NO FISCAL IMPACT
Ft3CAL IMPACT -- 810GETED
Cit A minist rat or
YFISCAL IMPACT -- NOT BUDGETED
REQUIRES FINANCIAL IMPACT RE''ORT
3.
Res. No. 4335 '
STATE OF CALIFORNIA )
COUNTY OF ORANGE
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 said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 6th day
of October , 1976 , by the following vote:
AYES: Councilmen:
Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California