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HomeMy WebLinkAbout89-31 Amending Code to Allow Certain Costa Mesa-based Nonprofit, Charitable Organizations, to Conduct Bingo Games for CharityORDINANCE NO. 89-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO ALLOW CERTAIN COSTA MESA -BASED, NONPROFIT, CHARITABLE ORGANIZATIONS TO CONDUCT BINGO GAMES FOR CHARITY. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares as follows: (a) The regulations following, relating to bingo games for charity, are enacted under Section 19 of Article IV of the California State Constitution and the implementing provisions of Section 326.5 of the California Penal Code. (b) It is the intent of the',City Council to provide a means whereby Costa Mesa -based, nonprofit, charitable organizations may raise funds through the conduct of bingo games. SECTION 2. 1. Chapter II, Title 9, of the Costa Mesa Municipal Code is hereby amended by the addition of Article 21, to read as follows: ARTICLE 21 BINGO GAMES FOR CHARITY "SECTION 9-302 DEFINITIONS (a) "Bingo" is 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. (b) "Nonprofit, charitable organization" is an organization exempted from the payment of the bank and _corporation tax by Sections 23701-a, 23701-b, 23701-e, 23701-f, 23701-g, or 23701-i of the California Revenue and Taxation Code, or a mobile home park association, or a senior citizens organization. (c) "Costa ' Mesa -based organization" is an organization whose principal place of business has been located within the City limits of Costa Mesa for a minimum of three (3) years. SECTION 9-303 BINGO LICENSE REQUIRED It shall be unlawful, and a misdemeanor for any person or organization toorganize, conduct or operate a bingo game without having first procured and maintained a license -1- therefor issued by the City of Costa_ Mesa pursuant to the provisions of this Code. SECTION 9-304 ORGANIZATIONS ELIGIBLE FOR CITY PERMIT Costa Mesa -based, nonprofit, charitable organizations are eligible to apply to the City of Costa Mesa for a permit to conduct bingo games in the City, in a manner permitted by the provisions of Section 326.5 of the State Penal Code, and by the following regulations. SECTION 9-305 APPLICATION FOR PERMIT Eligible organizations desiring to obtain a permit to conduct bingo games in the City shall file an application in writing therefor with the City; forms shall be provided by the Finance Department. Applicants shall also submit a certificate from the Franchise Tax Board that will show that the organization is currently exempt from payment of the bank and corporation tax by- Sections 23701-a, 23701-b, 23701-d, 23701-e, 23701-f, 23701-g, or 23701-i of the California Revenue and Taxation Code, or a mobile home park association, or a senior citizens organization, and that the organization's principal place of business has been located within the City limits of Costa Mesa for a minimum of three (3) years. SECTION 9-306 LICENSE FEE (a) Each application for a bingo license shall be accompanied by a license fee as established by Resolution of the City.Council. The City Council may establish by Resolution a monthly or annual bingo license fee. (b) At the - request of the City's Director of Finance, the licensee shall report in writing, in a form prescribed by the Director, an accounting of all bingo receipts and expenditures for any bingo games conducted by the licensee in the City of Costa Mesa. The statement shall be signed and certified to be correct by the president or treasurer of the licensee. SECTION .9-307 APPLICANT QUALIFICATION No permit shall be issued to any organization unless such applicant is a Costa Mesa -based,- nonprofit, charitable organization as defined by.Section 9-302 (c). Applicants shall conform to the requirements, terms, and conditions of these regulations. SECTION 9-308 CONTENTS OF APPLICATION following: (a) An application for a -2- permit shall contain the (1) The name of the applicant organization and a statement that applicant is a Costa Mesa -based, nonprofit, charitable organization as defined by Section 9-302 (d), and proof that the organization's principal place of business has been located within the City limits of Costa Mesa for a minimum of three years. (2) The names and signatures of the presiding officer and treasurer of the organization, and the names and dates of birth of all officers. Any change in the identity of either officer after a permit has been issued must be reported promptly to the City's Director of Finance. (3) The particular property within the City of Costa Mesa, including the street number, owned or leased by the applicant, used by such applicant for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted, together with the occupancy capacity of such place. (4) That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the California Penal Code and these regulations, as they may be amended from time to time, and agrees that the permit to conduct bingo games for charity may be suspended by the Chief of Police upon violation of any such provisions. (5) The application shall be signed by the applicant under penalty of perjury under the laws of the State of California. (6) Proposed day of week and hours of play. (b) No person shall make any fraudulent statement on the application with respect to the information required herein. (c) The permit issued shall be for a term of one (1) year from the date of issuance, subject to renewal and payment of the annual fee. SECTION 9-309 INVESTIGATION OF APPLICANT Upon receipt of the completed application and the fee, the City Finance Director shall refer such applications to the Building Inspection Division, the Fire Department and the Police Department, to determine whether or not the property designated by the applicant qualifies and the extent to which it qualifies, as property on which bingo games may be lawfully conducted, as to zoning, occupancy, fire, and other applicable restrictions. SECTION 9-310 GROUNDS FOR DENIAL (a) The City Finance Director shall deny an application for a bingo license if the Director finds any or all of the following: -3- (1) The applicant has made a material misrepresentation in the application; or (2) The applicant fails to qualify as an eligible organization; or (3) The property fails to qualify as property on which the applicant may lawfully conduct bingo games, as to fire, zoning, occupancy, parking, and other applicable restrictions; or (4) Any officer of the organization or the Bingo Manager has, within five (5) years prior to the application filing date, been convicted in a court of competent jurisdiction of a felony or any crime involving theft, embezzlement, dishonesty or fraud, or a drug-related offense; or (5) There are currently issued and outstanding the maximum number of bingo licenses authorized by City Council resolution. SECTION 9-311 CONTENTS OF PERMIT Upon being satisfied that the applicant and the property are fully qualified under the law for the conduct of bingo games for charity in the City, and that issuance of the license would not cause the maximum authorized number to be exceeded, the City Finance Director shall issue a permit to said applicant, which shall contain the following information: (a) The name of the organization to whom the permit is issued. (b) The address where bingo games are authorized to be conducted. (c) The occupancy capacity of the place in which bingo games are to be conducted. (d) Such other information as may be necessary or desirable for the enforcement of these regulations. SECTION 9-312 INSPECTION Any peace officer of the City shall have free access to any bingo game for charity authorized under these regulations. The permittee shall have the bingo permit available for inspection at all times during any bingo session. It shall be unlawful for any person to interfere with by blocking doorways or otherwise to impede the efforts of a peace officer to make such inspections. -4- SECTION 9-313 PROFITS AND PROCEEDS, SEPARATE FUND OR ACCOUNT (a) The permittee shall keep full and accurate financial records of the income received and expenses disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by these regulations. The City, by and through its City Finance Director, shall have the right to examine and audit such records, including records of any bank accounts, at any reasonable time, and the permittee shall fully cooperate with the City by making such records available. (b) All records relating to the operation of bingo games shall be kept on file and accessible to the City Finance Director for a period of three (3) years. The Records shall include the following: (1) Number of participants present at each session of bingo. (2) For each bingo session, number of bingo cards sold in each price category, including any special cards. (3) Total number of prizes awarded in each individual game and the amount of each prize. (4) Total amount of receipts from admission fees and sale of cards, for each bingo session. (5) Total amount of prizes awarded at each session. SECTION 9-314 HOURS OF OPERATIONS The operation of bingo games shall not begin prior to 11 a.m., or end after 9 p.m. SECTION 9-315 NUMBER OF BINGO SESSIONS PER WEEK Each licensee organization shall be limited to operating bingo only once a week. Additionally, only one bingo session per week will be allowed at any one site. SECTION 9-316 ATTENDANCE LIMITED TO OCCUPANCY CAPACITY 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 Chief and Director of Development Services in accordance with applicable laws and regulations, including, but not limited to, occupancy capacity as limited by required parking for the particular property. Notwithstanding the occupancy capacity at any location, a licensee shall not permit more than five hundred (500) persons to participate in any bingo game. -5- I SECTION 9-317 PROHIBITION OF ALCOHOL AND ILLEGAL DRUGS (a) The licensee shall not permit the consumption of alcohol on the premises during a bingo session. (b) The licensee shall not allow a person under the influence of alcohol or drugs to participate in or staff a bingo game. SECTION 9-318 CONDUCT OF GAME (a) No person shall be allowed to participate in a bingo game unless such person is physically present at -the time and place during which the bingo game is being played. (b) There shall be one corresponding ball or object in the receptacle for each number and letter on all bingo cards utilized in the game. (c) The equipment used in the playing of bingo and the method of play shall be such that each card has an equal opportunity to be a winner. The objects or balls to be drawn shall be essentially the same as to size, shape, weight, balance, and all other characteristics that may influence their selection. All objects or balls shall be present in the receptacle from which they will be drawn before each game is begun. A method of displaying the numbers called shall be utilized- and shall be plainly visible to all players. (d) The bingo caller and the receptacle from which the objects or balls are drawn shall be in the same room as the players. No more than one room shall be used for any bingo game. All numbers announced shall be plainly and clearly audible. SECTION 9-319 BINGO MANAGER Each bingo licensee shall designate a person or persons who shall manage, supervise and be responsible for the conduct of all bingo games by said applicant. The person or persons shall be known as the bingo manager, shall sign a statement accepting such responsibility, and one such bingo manager shall be present on the premises at all times during which bingo games are conducted. SECTION 9-320 MANAGER AND STAFF MEMBER IDENTIFICATION (a) Each bingo manager, as defined in Section 9-319 of this Code, shall wear on his or her outside clothing, in. plain view, an identification badge measuring not less than two and one-half (2-1/2) inches by three and one-half (3-1/2) inches in size, specifying the full name and title of such person and the name of the licensee organization, stating that such person is a member of the licensee organization.. - (b) Any person participating in the operation, conductor staffing of any bingo operation or game where the monthly gross receipts exceed Five Thousand Dollars ($5,000.00) shall -wear on his or her outside- clothing, in, plain view, an identification badge measuring not less than two and one-half (2-1/2) inches by three and one-half (3-1/2) inches in size, specifying the full name and title of such person and the name of the licensee organization,- and containing a photograph of such person. SECTION 9-321 SUSPENSION OF LICENSE; MISDEMEANOR TO CONTINUE AFTER SUSPENSION; REVOCATION (a) Whenever it appears to the Chief of Police that the licensee is conducting a bingo game in violation of any of the applicable provisions in this Code or California Penal Code Section 326.5, the Chief_of Police shall have the authority to hold a hearing and thereafter to suspend the license and order the licensee immediately to cease and desist from any further operation of any bingo game. (b) It shall be unlawful and a misdemeanor for any person to continue to conduct a bingo game after any license suspension under Subsection (a). (c) Upon issuing a suspension, the Chief of Police shall request a hearing before the City Manager to determine whether such license shall be revoked. (d) Upon such request by the Chief of Police for a hearing to determine whether such license shall be revoked, the City Manager shall provide such hearing within ten (1 0) days after receipt of such request. At the hearing, the suspended licensee may appear before the City Manager, or his delegate, for the purpose of presenting evidence why the license should not be revoked. No license shall be revoked under this Section unless notice of the time and place of such hearing shall have first been given at least five (5) days before the hearing thereof by depositing in the United States mail a notice directed to said suspended licensee at the address given in the application. The notice shall set forth a summary of the grounds advanced as the basis of the suspension and revocation. (e) Any organization whose license is suspended under this` Section shall not conduct any bingo game in the City until the City Manager.has ruled upon the revocation and the license has been reinstated. SECTION 9-322 APPEAL OF REVOCATION TO CITY COUNCIL (a) Any holder of a license aggrieved by the decision of the City Manager to revoke said license may appeal to the City Council as provided in Title 2, Chapter IX of the Costa Mesa Municipal Code. IWt (b) Any organization whose license is revoked may not again apply for a license to conduct bingo games in the City of Costa Mesa for a period of one (1) year from the date of said revocation; provided, however, if the ground for revocation is cancellation of the exemption granted under the section of the Revenue, and Taxation Code applicable to the eligible organization, such.organization may again apply for a license upon proof of reinstatement of the exemption". 2. Chapter II, Title 11 of the Costa Mesa Municipal Code is hereby amended to read as follows: "CHAPTER II. GAMBLING SECTION 11-26 PROHIBITED Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person, either as owner, lessee, manager, employee, agent or servant, shall operate, open or deal in any game, operation or transaction wherein any prize, gift, rebate, compensation, reward, payment or gratuity consisting of any money, check, token credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered, either directly or indirectly, and wherein.chance is a determining factor or is any determining factor, of the result of such game, operation or transaction, which game, operation or transaction is conducted, carried on, maintained, operated or played by the throwing, tossing, dropping, depositing or placing of any ball, marker, object, thing or substance into any perforation, hole or indentation in or upon any surface, receptacle, container, object or thing having -marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating,. choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus, or equipment or by any means or in any manner, or by the drawing, selecting, choosing or removing from any receptacle or container of any ball, disc, object, substance or material marked, designated or identified by or with any figure, number, character, symbol, letter, design or mark upon any card, paper, board, fabric, surface, object, substance or thing held, used, operated or maintained by any player or participant therein or by any person, where, by any predetermined or prearranged rule, method, scheme, design or procedure, any person is found, declared or determined to be, or is, or is to be, the winner, donee, recipient or taker of such prize, gift, rebate, compensation, reward, award, payment or gratuity, in the event that any such- player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, or agrees, promises or intends to pay, deposit, expend, give or pledge, either directly or indirectly, any money, check, credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such. game, operation or transaction is, or is to be played, conducted, carried on, maintained or operated, or to any other place or premises. -8- SECTION 11-27 STATE LAW VIOLATIONS EXCLUDED No provision of this chapter shall be deemed or construed as probibiting any act made unlawful by the provisions of section 320, 330 or 330a of the Penal Code, or of any other code section or general law of the state, it being the intent of the city council to prohibit all games, operations or transactions herein described, not prohibited by the provisions of any general law of this state, whether games of skill or games of chance involving cards, dice or other devices for money, checks, credits or other things of value including but not limited to all games, card games, operations or transactions for profit commonly known as keno, tango, bridgo, movie tango, bingo, beano, Skee-Ball, fortune, quintain, fascination or inspiration, and all games, card games, operations or transactions similar thereto, by whatever name they may be designated, except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code. SECTION 11-28 PARTICIPATION PROHIBITED Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code: (a) No person shall participate in, play in or engage in, either directly or indirectly, any game, operation or transaction prohibited in section 11-26. (b) No person shall deal, play, open or operate, either as owner or employee, whether for hire or not, or play or bet at or against any game of chance played with cards, dice or any device for money, check, credit or other representative of value. SECTION 11-29 ACTING AS LOOKOUT, DOORKEEPER, OR GAMEKEEPER Except as Chapter II, Articl lookout, doorkeeper expressly permitted, pursuant to Title 9, 21, of this Code, no person shall act as or gamekeeper for any with cards, dice or any device, for money, representative of value. SECTION 11-30 VISITING PREMISES game of chance played check, credit or other Except as expressly permitted, pursuant to Title 9. Chapter II, Article 21, of this Code, no person shall visit any room within the city where any game of chance played with cards, dice or any device for money, check, credit or other representative of value is being played or operated. SECTION 11-31 OPERATION OR EXHIBITION OF DEVICES Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person shall operate or exhibit any gaming table, device or apparatus, or operate any gaming establishment, or any room or place for the practice of gambling or playing games of chance for money, or other representative of value, with cards, dice or other device. SECTION 11-32 LEASING OR RENTING PREMISES Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, no person, either as owner or agent, shall lease or rent any building, room, lot or other place to any person to be used for gambling or playing games of chance for money or any representative of value. SECTION 11-33 KEEPING GAMBLING HOUSE Except as r II, Article 1ressly permitted, pursuant to Title 9 of this Code: (a) Every person, who for profit, or for anything of value, or for commercial purposes of any nature, keeps, operates, conducts or maintains, either directly or indirectly, in the incorporated territory of the city any house, room, apartment, dwelling place or other place where any game, gambling or gaming not mentioned or included in section 330 or 330a of the Penal Code is played, conducted, dealt or carried on, whether with cards, dice or any other device of whatsoever nature for money, check, credit, mechandise or other representative of value, shall be guilty of a misdemeanor. (b) Every person, either as owner, lessor, lessee, principal, agent, employee or participant, or otherwise, who maintains or keeps or operates or conducts, directly or indirectly, in whole or in part, or who, directly or indirectly, is in possession, in whole or in part, of any house, room, apartment, dewlling place or other place upon or in which any gambling, game or gaming prohibited in this section is played, conducted, dealt or caried on and who imposes or collects a fee or anything of value for the privilege of participating in any way whatsoever in any such game, gambling or gaming, or who, directly or indirectly, gains or receives anything of value or any financial profit from playing, conducting or dealing of any such game, gambling or gaming, shall for the purposes of this chapter be deemed to be keeping, conducting, operating and maintaining the same for profit or commercial purposes. SECTION 11-34 PERMITTING GAMBLING permits any gi made unlawful dealt in any place owned or punishable as to be house, rented provided bling or gaming which, by section 11-33 is played, maintained, operated, conducted or room, apartment, dwelling place or other by such person in whole or in part shall be in section 1-33 of this Code. SECTION 11-35 FREQUENTING PREMISES Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, every person who visits, -10- frequents, participates in or knowingly permits any game, gambling or gaming which, by section 11-33, is made unlawful to be played, operated, maintained, conducted or dealt in any house, room, apartment, dwelling place or other place shall be guilty of a misdemeanor. SECTION 11-36 BETTING Except as expressly permitted, pursuant to Title 9, Chapter II, Article 21, of this Code, every person who shall place a bet at or against any game, gambling or gaming which, by section 11-33, is made unlawful shall be guilty of a misdemeanor. SECTION 11-37 GAMBLING MACHINES - POSSESSIONS PROHIBITED Except as expressly permitted, pursuant to ,Title 9, Chapter II, Article 21, of this Code, it shall be unlawful for any person to keep, maintain, possess or have under his control in any place of business, or in any other place of public resort, either as owner, lessee, agent, employee, mortgagee or otherwise, any machine, apparatus or device as a pinball or marble machine or device within the provisions of this chapter if it is one that is adapted, or may readily be converted into one that is adapted, for use in such a way that, as a result of the insertion of any piece of money or coin or other object such machine is caused to operate or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable to him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or thing of value, or which may be given in trade, or the user may secure additional chances or rights to use such machine, apparatus or device. SECTION 11-38 SAME - RELEASE OF MACHINE BY COURT TO CHIEF OF POLICE The chief of police shall apply to the judge of any court which has the custody of any machine subject to destruction under the terms of the Penal Code for an order releasing such machine to him for the purpose of complying with this chapter. SECTION 11-39 SAME - EXCEPTIONS Nothing contained in this chapter shall.be interpreted or construed to make it unlawful for any person to keep, maintain, possess or have under his control, either as owner, lessee, agent, employee, mortgagee or otherwise, any mechanical amusement game such as "shuffle alleys," "baseball games," "guns" and the like which have been classified as, and which are, games of skill and which are not prohibited under section 11-37. All such mechanical games not prohibited herein shall, however, be subject to all other laws of the state and ordinances of the city pertaining to gambling. -11- SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED THIS 4TH DAY OF DECEMBER, 1989. Mayor of th ty of Costa Mesa ATTEST: 4 City Clerk of the City of Cos a Mesa APPROVED AS TO FORM: City Attorney -12- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 89-31 was introduced and considered section by section at a regular meeting of the City Council held on the 20th day of November, 1989, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 4th day of December, 1989, by the following roll call vote: AYES: COUNCIL MEMBERS:. Hornbuckle, Amburgey, Genis NOES; COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buffa, Glasgow IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 5th day of December, 1989. ` City Clerk and ex -officio Clerk of the City Council of the City of CoAka Mesa