HomeMy WebLinkAbout97-31 Bingo Games for CharityORDINANCE NO' 97-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, .CALIFORNIA, AMENDING SECTIONS
9-302, 9-305, 9-306 AND 9-310 OF ARTICLE 21,
CHAPTER II, TITLE 9 OF THE COSTA MESA MUNICIPAL
CODE RELATING TO BINGO GAMES FOR CHARITY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 9-302 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
Sec. 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 of symbols selected at random, and as defined by Penal Code
section 326.5.
(b) Nonprofit charitable organization is an organization exempted
from the payment of the bank and corporation tax by sections 23701-
a, 23701-b, 23701-d, 23701-e, 23701-f 23701-g or 23701-1 of the
California Revenue and Taxation Code, or a mobile home park
association, or a senior citizen 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 2. Section 9-305 of the Costa Mesa Municipal Code is
hereby amended to read as follows:
Sec. - 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 23701-1 of the California Revenue and
Taxation Code, or a mobile home park association, or a senior citizen
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 3. Sec. 9-306 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
Sec. 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 which fee shall be consistent with Penal Code Section 326.5.
(b) At the request of the City's Director_ of Finance, the license shall
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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 4. Sec. 9-310 of the Costa Mesa Municipal Code is hereby
amended to read as follows:
Sec. 9-310. Grounds for Denial of License.
The City Finance Director shall deny an application for a bingo license
if the Director finds any or all of the following:
(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, a drug-related offense or violation
of Penal Code Section 326.5.
(5) There are currently issued and outstanding the maximum
number of bingo licenses authorized by City Council resolution.
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Section 5. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portion of. this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 6. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA 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
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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 3 dv a of 1997.
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City CI of the
City of osta Mesa
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APPROVED AS TO FORM:
/yolf.•s 10-3.1-111
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy 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. 97-31 was introduced and considered section by section at a regular
meeting of said City Council held on the oZi� day of Q e-0-. , 1997, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the J.14 day of , 1997, by the following roll call vote:
AYES: FFA fi1O,UR /4,4A RiC Kson) (:dl�/AIJ o/ds�ERS
NOES: No Al;-:
ABSENT: NonlE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this ^ day of ��,„ 1997.
BINGO.56 )9-30-97)
_ f
Depulofie
y Clerk and ex -officio
_ Clerk City Council of the
City of Costa Mesa
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