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HomeMy WebLinkAboutAgenda Report - November 17, 1982 (61)-k ORDINANCE LEGAL- Notice thereof having been published in accordance with law IZING BINGO IN THE and affidavit of publication being on file in the Office of CITY OF LODI AS the City Clerk, Mayor Reid called for the Public Hearing to ALMIORIZED BY STATE consider a Proposed Ordinance legalizing Bingo in the City LAW INTRODt7CED of Lodi as authorized by State Law. The matter was introduced by City Attorney Stein who reviewed the proposed Ordinance and responded to questions as were posed by the Council. Speaking in support of the proposed Ordinance was Dr. Thcrnas Carlton, 732 Costa Drive, Lodi. There being no other persons in the audience wishing to speak on the subject, the public portion of the hearing was closed by Mayor Reid. ORDINANCE NO. 1279 Council Member Pinkerton then maned to introduce Ordinance No. 1279 - An Ordinance of the City of Lodi authorizing qualified organizations to conduct Bingo Games within the City of Lodi. The motion was seconded by Mayor Pro Tempore Murphy and carried by unanimous vote. • • a• OF PUBLIC 4MARING-1 COUNCIL OF a OF • t • OOINSIDER PROPOSED OFORVWM J • t BINOD IN THEOF 1I AS AUIWRIZED BY V' LhW NOTICE IS HEREBY GIVEN that on Wednesday, November 17, 1982, at the hour of 8:00 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the Council Chambers, City Hall, 221 West Pine Street, -Lodi, California, to -consider a proposed ordinance legalizing Bingo in the City of Lodi as authorized by State Law which shall read in full as follows: An Ordinance of the City of Lodi Authorizing Qualified Organizations to Conduct Bingo Games within the City of Lodi BE IT ORDAINED by the City .Council of .the. City of. Lodi as follows: Section 1. Sections are hereby added to the City Code of the City of Lodi authorizing qualified organizations to conduct Bingo Games within the City of Lodi as follows: Sec. AITiHOP=Y This part is enacted pursuant to the authority of Section 326.5 of the Penal Code. Sec. A[T=)RIZED ORGANIZATION All organizations qualified pursuant to Section 326.5 of the Penal Code are hereb;► authorized to conduct Bingo Games within the City of Lodi. Sec. IANCB+am PENAL -CODE - - - All authorized organizations shall ca duct Bingo Games in strict compliance with Section 326.5 of the California Penal Code. Sec. HOURS OF OPERATION No authorized organization_ shall conduct any Bingo Game or Games more than once a week nor more than six (6) hours in length. No -Bingo Game or Games shall be conducted prior to the hour of 10:00 A.M. or after 2:00 A.M. section II. This Ordinance shall take effect and be in full force from and after thirty (30) days from its final passage. Information regarding this item may be obtained in the office of the City Clerk at 221 -West Pi7n Streets Lodi, California. All -interested persons are invited to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any tine prior to the hearing scheduled herein and oral statments may be made at said hearing. Dated: November -3, 1982 By Order of the City Council- G�G� ALICE M. TOMME City Clerk §326 DEER*" TS PENAL • is donated to the organization, and which . § 326.5. (Bingo games) (a) Neither this property is used by such organizat un for an chapter nor Chapter 10 (commencing with office or for performance of the purposes for Section 330) applies to any bingo game ; which the organization is organized. Noth- which is conducted in a city, county. or city county to m8 in this subdivision shall be construed to require that the owned leased and pursuant an ordinance en• property or by acted under Section 19 of Article IV of the or whose use is donated to the organization i State Constitution. provided that such ordi. be used or leased exclusively by or donated 1 nance allows games to be conducted only by exclusively to such organization. organizatuom exempted from the payment of (8) All bingo games shall be open to the the bank and corporation tax by Sections public, not just to the members of the autho. 23701a. 2:3701b. 23701d. 23701e. 23701f, rid organization. 123701g. and 237011 of the Revenue and (h) A bingo game shall be operated and } Taxation Code and by m obikhome park ! staffed only by member of the authorized -endm6ceis and senior citizens organza- organization which organized it. Such mem. tions; and provided that the receipts of such bets shall not receive a profit. wage, or games are used only for charitable purposes. awry Erma any bingo game. Only the orga- (b) It is a misidemeanor for any person to nization authorized to conduct a bingo game 3 receive or pay a profit, wage, or salary from shall operate such game, or participate in any bingo game authorized by Section 19 of the Promion y, supervision, or any other Article 1V of the State Constitution. Security phase of such game. This subdivision does personnel employed by the organization con- not preclude the employment of security ducting the bingo game may be paid from personnel who are not members of the au - the revenues of bingo games as provided in ; bei organization at game by subdivisions (j and (k). conductings�ingo orb game. (c) A violation of subdivision (b) of this n No individual. corporation, partner - section shall be punishable by a fine not to SW Or other legal entity except the orga- exceed ten thousand dollars ($10.000). which nizatkm authorized to conduct a bingo game fine shalt be deposited in the general fund of small hold a financial interest in the conduct the city. county. or city and county which of such bingo game. enacted the ordinance authorizing the bingo nil With respect to organizations exempt game. A violation of any Provision of this payment of the bank and corporation sectim other than subdivision ft is a anis- by Section 23701d of the Revenue and demeanor. axation Code, all profits derived from a (d) The city, county, or city and county ngo game shall be kept in a special fund or which enacted the ordinance authorizing the and shall not be commingled with bingo game array bring an action to enjoin a y other fund or account. Such profits shall violation of this section. used only for charitable purposes. =—(e) No minors shalt be allowed to partici- (k) With respect to other organizations pate in any bingo game. to conduct bingo games pursuant (f) An organization authorized to conduct this section. all proceeds derived from a bingo games pursuant to subdivision (a) 'ngo game shall be kept in a special fund or shall conduct a bingo game only on property t and shall not be commingled with owned or -leased by it..or property whose use y other rand or account. Proceeds am the 'Qts of bingo games conducted by orga- tions not within subdivision @L Such shall be used only for charitable purposes„ except as follows: (1) Such proceeds may be used for prizes. (2) A portion of such proceeds, not to exceed 20 Ea=t of the proceeds before the deduction for prim, or one thousand dollars ($1.000) per month, whichever is less. may be used for rental of property, overhead. Including the purchase of bingo equipment. administrative expenses, security equipment. and security personnel. (3) Such proceeds may be used to -pay license fees. 82. (4) A city, county, or city and county which' enacts an ordinance: permitting bingo games may specify in such ordinance that if the monthly gross receipts from bingo games of an organization within this subdivision exceed five thousand dollars (55,000), a min- imum percentage of the proceeds shall be used only for charitable purposes not relat- ing to the conducting of bingo games and that the balance shall be used for prizes. rental of property, overhead, administrative expenses and payment of license fees. The amount of proceeds used for r;:ntai of prop. erty. overhead, and administrative expenses is subject to the limitations specified in para- graph (2) of this subdivision. (7) (1) A city, county, or city and county may impose a license fee on each organiza- tion which it authorizes to conduct bingo games. The fee, whether for the initial li- cense or renewal, shall not exceed fifty dol- lars (S50) annually, except as provided in paragraph (2). If an application for a license is denied, one-half of any license fee paid shall be refunded to the organization. (2) In lieu of the license fee permitted under paragraph (1� a city, county, or city and county may impose a license fee of fifty dollars ($50) paid upon application. If an application for a license is denied, one-half of the application fee shall be refunded to the organization. An additional fee of I percent of the monthly gross receipts over five thousand dollars (55,000) derived from bingo games shall be collected monthly by the city, county, or city and county issuing the license. (m) No person shall be allowed to partici- pate in a bingo game, unless the person is physically present at the time and place in which the bingo game is being conducted. (n) The total value of prizes awardW during the conduct of any bingo games shall not exceed two hundred fifty dollars (S2j0) in cash or kind. or both, for each separate game which is held (o) As used in this section "bingo" 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. Notwithstanding Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner pro- viding for distribution of prizes. The win- ning cards shall not be known prior 'to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend. `for sale or use only in a bingo game autho- rized under California law and pursuant to local ordinance." It is the intention of the Legislature that bingo as defined in this subdivision applies exclusively to this section and shall not be applied in the construction or enforcement of any other provision of taw. (1975 ch 869 § 1, ACA No. 3 adopted at Primary Election, June 8, 1976; 1977 ch 271 § 1, efTective July 8, 1979; 1979 ch 1006 11; 1980 ch 997 § i; 1981 ch 804 § 1.)