HomeMy WebLinkAboutGambling Type Fundraiser Exemption for state-permitted non-p Huntington Beach Independent has been adjudged a newspaper of general
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Court of Orange County,State of California,under date of Aug.24, 1994,case
A50479. '`
PROOF OF 2 0 10 J A!%! W 5 AM 1 : 5
PUBLICATION _.
OI I -E tiN tr
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I am the Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party
to or interested in the below entitled matter. CITY OF
I am a principal clerk of the HUNTINGTON HUNTINGTONBEACIt
BEACH INDEPENDENT, a newspaper of ORDILEGAL ANCENTICE3852
general circulation, printed and published inCity?� i,ta�
the City of Huntington Beach, County of ^NEORoNANCEOF0HE.
State of California, and the (BIEACHF AMETND NG
Orange,
attached Notice is a true and complete copy , TO
CHAPTER 9.HUNN B CH
as was printed and published on . the MUNICIPAL CODE RE.
LATING TO GAMBLING
following date(s): EXEMPTION°
SYNOPSIS:
CITY COUNCIL HAS DI-
RECTED THAT CHAPTER,
,9.24 OF THE HUNTING-
TON BEACH MUNICIPAL
'CODE BE,AMENDED TO
PROVIDE AN EXEMPTION
TO NON-PROFIT ORGA-
NIZATIONS TO CONDUCT
"GAMBLING'."TYPE FUND
RAISERS.
December 31, 2009 bysth D Ci yDCounc I of
,the City of Huntington
Beach at a regular
meeting held December'
21, 2009 by the follow-
ing roll call vote:
AYES:Carchio, Coerper,
;Hardy, Green, Bohr,
Dwyer,Hansen.
,NOES None
�ABSTAIN:None
declare, under penalty of perjury, that the THE FULL"TEXT OF THE
foregoing is true and correct. ABLE"INCETHE"AIL
CLERK'S OFFICE.
This ordinance is effec-
tive 30 days after
adoption.
CITY
Executed on December 31, 2009 HUNTINGTONFBEACH
at Costa Mesa, California HU iTIf GTO"N BEACH,
CA.92648
714-536-5227
JOAN L.FLYNN,
yt� CITY CLERK
Published'+%✓ C. ` c'1�!s�i� Bach Indep ndeotgton De-
cember 31, 2009 125-„
233
Slgnatur i-- — — -
Council/Agency Meeting Held: /0 iz� D
Deferred/Continued toA0P7&t /X/oV Z�
)kA p ove ❑JCon itionally Approved ❑ Denied Cci C 's Sign re
_T Council Meeting Date: 12/7/2009 Department ID Number: CA 09-37
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGra ity Attorney
PREPARED BY: Jennifer McG City Attorney
SUBJECT: Adopt Ordinance amending Chapter 9.24
1
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
-11
Statement of Issue: City Council has directed that Chapter 9.24 of the Huntington Beach
Municipal Code be amended to provide an exemption to non-profit organizations to conduct
"gambling" type fund raisers.
Funding Source: No funds are required.
Recommended Action: Motion to: Adopt Ordinance No. 3852 amending Chapter
9.24 of the Huntington Beach Municipal Code relating to gambling exemption.
Alternative Action(s): Do not adopt Ordinance No. 3852
Analysis: State law permits non-profit organizations to conduct gaming function
fundraisers, however this activity is not permitted by the Huntington Beach Municipal Code.
Amending Chapter 9.24 brings the City's code in line with State regulations.
Strategic Plan Goal: Improve internal and external communication
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 12/7/2009 DEPARTMENT ID NUMBER: CA 09-37
Environmental Status: Not applicable
Attachrnent(s):
PcAg- a - . e
1. Legislative Draft of Chapter 9.24
2. Ordinance No. 3852 Amending Chapter 9.24 of the Huntington
Beach Municipal Code Relating to Gambling Exemption
-2- 11/17/2009 10:59 AM
ATTACHMENT NO . 1
KEY
INSERTIONS: Double underline
DELETIONS Stfikedwettg4i,
ORDINANCE NO. 3852
LEGISLATIVE DRAFT
Chapter 9.24
GAMBLING
(713-5/59, 2102-9/76)
Sections:
9.24.010 Anything of value defined
9.24.020 Premises--Keeping
9.24.030 Permitting unlawful
9.24.040 Betting--Limitations
9.24.050 Card games
9.24.060 Winnings--Accepting
9.24.070 Losses
9.24.080 Betting valuables of another
9.24.090 Card games--Hours
9.24.100 Permitting unlawful use of premises
9.24.110 Seizure of equipment
9.24.120 Card games--Inspection
9.24.130 Hindering inspection
9.24.140 Construction
9 24 150 Non-profit-EXEMPTI®N
9.24.010 Anythin2 of value defined. "Anything of value" means money, coin, currency, check,
chip, allowance, token, credit, merchandise, property or anything representative of value, and
includes without limitation any payment for services or for the use of any premises, cards, chips,
furniture or other article. "Anything of value" also means any increase or probable increase in
business or patronage resulting directly or indirectly from the playing of any game of cards
permitted by section 9.24.050. "Anything of value" also means any rent, remuneration or
compensation of any nature received by any person, firm, corporation, club, lodge, association or
church for the use or occupancy of any premises where the major, primary or usual use of said
premises is for the playing of card games permitted by section 9.24.050. (713-5/59, 2102-9/76)
9.24.020 Premises--Keeping. No person(either as principal, agent, employee or otherwise)
shall keep, conduct or maintain in this city any house, room apartment or place used in whole or
in part as a place where any game not mentioned in section 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, credit or 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. (536-2/49,2102-9/76)
9.24.030 Permitting unlawful. No person(either as principal, 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 carrying on
therein any game not mentioned in section 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, credit or any other thing of value, except that bingo games may be conducted pursuant to
Chapter 5.64 of this code. (536-2/49, 2102-9/76)
9.24.040 Betting--Limitations. No person shall play or bet at or against any game not
mentioned in sections 330 or 330a of the Penal Code of the state of California, with cards, dice,
09-2278/40801 1
KEY
INSERTIONS: Double underline
DELETIONS Sri'-ml+-
billiard balls, pool balls, cues or other thing of value, except that bingo games may be conducted
pursuant to Chapter 5.64 of this code. (536-2/49,2102-9/76)
9.24.050 Card Games. Notwithstanding the provisions of sections 9.24.020 through 9.24.040,
any game played with cards, and not mentioned in section 330 of the Penal Code of the state of
California shall not be prohibited unless in violation of one or more of the following sections of
this chapter. (713-5/59)
9.24.060 Winnings--Accenting. It is unlawful for any person, firm, corporation, lodge, club,
association, church or any other group of persons to receive directly or indirectly anything of
value from the playing or operation of any game of cards permitted by section 9.24.050, other
than the actual winnings to which a person playing such a game in good faith for himself alone
may be entitled as the result of such game. (713-5/59)
9.24.070 Losses. It is unlawful for any person, firm, corporation, lodge, club, association,
church or any other group of persons to give anything of value for being permitted to participate
in any game of cards permitted by section 9.24.050 other than to pay the actual losses sustained
by such person playing such game in good faith for himself alone. (713-5/59)
9.24.080 Betting valuables of another. It is unlawful for any person, firm, corporation, lodge,
club, association, church or any other group of persons to bet or wager anything of value
belonging to another person in any game of cards permitted by section 9.24.050. (713-5/59)
9.24.090 Card games--Hours. It is unlawful for any person, firm, corporation, lodge, club,
association, church or any other group of persons to play, participate in, or be present at any
game of cards permitted by section 9.24.050 between the hours of 2 a.m. and 6 a.m. (713-5/59)
9.24.100 Permitting unlawful use of premises. It is unlawful for any person, firm, corporation,
lodge, club, association, church or any other group of persons, either as owner, lessee, agent,
employee, mortgagor or otherwise, knowingly to permit any room, building or premises, or any
furniture, fixtures, equipment or other article, or anything of value, to be used for or in any game
of cards, permitted by section 9.24.050, in connection with which a violation of sections 9.24.060
through 9.24.080 occurs. (713-5/59)
9.24.110 Seizure of equipment. In addition to any other remedy provided by law, any furniture,
fixtures, equipment or article, or anything of value, used in violation of section 9.24.100 may be
seized by any of the officers designated by sections 335 and 335a of the Penal Code of the state
of California, and in such cases shall be disposed of as provided in section 335a of said Penal
Code; provided, however, that the phrase "machine or device" as used in section 335a of the
Penal Code, shall mean any furniture, fixtures, equipment or article, or anything of value except
money, coin or currency. Any or all money, coin or currency used in violation of section
9.24.100 and seized pursuant to this section shall be deposited in the city general fund. (713-5/59)
9.24.120 Card games--Inspection. When any game of cards is being played which is permitted
by section 9.24.050, it shall at all times be open to inspection by regular full-time police officers
of the city while on actual duty. (713-5/59)
9.24.130 Hindering inspection. It is unlawful for any person, firm, corporation, lodge, club,
association, church or any other group of persons to hinder, impede, obstruct, prohibit or prevent
or to assist in such hindering, impeding, obstructing,prohibiting or preventing any such lawful
inspection as provided for in section 9.24.120. (713-5/59)
9.24.140 Construction. Nothing in this chapter shall be construed as permitting any game of
cards prohibited by section 330 of the Penal Code of the state of California. (713-5/59)
09-2278/40801 2
KEY
INSERTIONS: Double underline
DELETIONS
9.24.150 Non-profit-EXEMPTION. The provisions of this Chanter do not apply to events held by
non-profit organizations which are properly permitted by the State.
09-2278/40801 3
A O'i"ACHMENT #2
ORDINANCE NO. 3852
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.24 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO GAMBLING EXEMPTION
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 9.24 of the Huntington Beach Municipal Code is hereby amended
by adding Section 9.24.150, said section to read as follows:
9.24.150 Non-profit-EXEMPTION. The provisions of this Chapter do not apply to
events held by non-profit organizations which are properly permitted by the State.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 21 s t day of December , 200 9
ya
ATTEST: INITIATED AND APPROVED:
Qft-old oc�
City Cler Chief of Police
REVIE APPROVED:
,PPROVED AS TO FORM:
t d inistrator
City Attorney i 1
40802 1
Ord. No. 3852
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,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 ordinance was read to said City Council at a regular
meeting thereof held on December 7,2009, and was again read to said City Council at a
regular meeting thereof held on December 21, 2009, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Carchio, Coerper, Hardy, Green, Bohr, Dwyer, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on December 31,2009.
In accordance with the City Charter of said City
Joan L. Flynn,Ci - Clerk ity Clerk and ex-offs Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY
SUBJECT: Amend Chapter 9.24 gambling for non-profit fund
raisin
COUNCIL MEETING DATE: December 7, 2009
C/ ►TTACH EATS STATUS
,
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Ap licable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Ap licable
Staff Report (If applicable) Not Attached plicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATIWFOR MISSING ATTACHMENTS
REVIEWS® > 41
RETURNEDFC}R � C
Administrative Staff
Deputy City Administrator Initial)
City Administrator (Initial) cl oa� °'r "
City Clerk
EXPLANATION FOR RETURN OF ITEM
e a
RCA Author: 41064 JIB/K
FCITY OF HUNTINGTON BEACH
IB
INTERDEPARTMENTAL COMMUNICATION
TO: Honorable Mayor and City Councilmembers
FROM: Joan L. Flynn, City Clerk
DATE: December 21, 2009
SUBJECT: Late Communication —Adoption of Ordinance #3852 amending
Chapter 9.24 of the HBMC relating to gambling exemptions— Item #32
The City Council agenda packet material reflects a typographical error on the Recommended
Action stating "approve for introduction."
The corrected Recommended Action should read as follows:
After the City Clerk reads by title, adopt Ordinance No. 3852, "An Ordinance of the City of
Huntington Beach Amending Chapter 9.24 of the Huntington Beach Municipal Code Relating
to Gambling Exemption."
A /C