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HomeMy WebLinkAboutOrd 1976-1695 ' , , � Revised 7/16/76 -�._,, __a � � -,. , �� ORDINANCE NO. 1695 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9 . 12 OF THE CHULA VISTA MUNICIPAL CODE BY AMENDING SECTIONS 9 . 12 . 010 AND 9 . 12.040 THEREOF AND ADDING NEW SECTIONS 9 .12. 120 THROUGH 9 , 12. 240 RELATING TO THE REMOVAL OF THE PROHIBITION AGAIrIST THE PLAYING OF BINGO BY CERTAIN PARTIES The City Council of the City of Chula Vista does ordain as follows : SECTION I : That Sections 9. 12. 010 and 9 .12. 040 of the Chula Vista Municipal Code be, and the same are hereby amended to read as follows: Sec. 9 . 12 . 010 Operations Providing Prizes or Considerations to Player Prohibited. It is unlawful for any person or social club to set up, manage, conduct or maintain any game , machine or enterprise wherein: A. A consideration is paid by the player; ' B. Prizes are awarded as. determined by skill or by any combination of skill and chance; and C. Such game, machine or enterprise is played con- currently with or alternately or in conjunction with: 1 . Any lottery, 2 . Any game of chance, whether or not a con- sideration is paid for playing the game of chance, provided, however, that the game of bingo, as conducted under the laws of the State of California, shall and are hereby exempted from the prohibitions con- tained herein. Sec. 9 . 12. 040 Certain Games Specifically Prohibited. The provisions of Sections 9 . 12. 010 through 9 . 12. 030 are intended to prohibit £he playing of. "bingo" , "tango" , "brid o" " an uin ue" "skill ball" g , p g g , , or any game or com- bination of games similar in operation to such games, and to apply to free as well as to paid playing of such games , provided, however, that the game of bingo, as conducted under the laws of the State of California, shall and are hereby exempted from the prohibitions con- tained herein. SECTION ZI : That Chapter 9 .12 of the Chula Vista Municipal Code be, and the same is hereby amended by adding thereto new Sections 9 . 12 . 120 through 9 . 12. 240 to be and to read as follows: - 1 - � � � Revised 7,-9-76 Sec. 9. 12. 120 Bingo Authorized. Notwithstanding any other provisions of this Chapter, this ordinance is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and con- ditions in the follo�aing sections of this Chapter. Sec. 9 . 12. 130 Definitions. Whenever in this chapter the following terms are used, they shall have the meaning respectively ascribed to them in this section. (a) Bingo is a game of chance in which prizes are � _ awarded on the basis of designated numbers or syr.ibols on a card which conform to numbers or symbols selected at random. (b) Nonprofit , charitable organization is an organi- zation exempted from the payment of the bank and corpor- ation tax by Section 23701 (d) of the Revenue and Taxation Code and a contribution or gift to which would be a chari- table contribution under Section 170 (c) (2) of the Internal Revenue Code of 1954. (c) Minor is any person under the age of eighteen (18) years. . ' Sec. 9 . 12. 140 License Required. • It shall be unlawful for any person to conduct any bingo games in the City of Chula Vista unless such person is a member of a nonprofit; charitable organization acting on behalf of such nonprofit, charitable organization and has been issued a license as provided by this Chapter. Sec. 9 . 12 . 150 Application. Application for license shall be made to the Chief of Police on forms prescribed by the Chief of Police. The Chief of Police shall have a reasonable time in which to investigate the application and background of the appli- cant prior to the proposed date of the bingo game or games. Such application form shall reguire from the applicant at least the following: (a) A list of all members who will operate the bingo game, including full names of each member, date of birth, place of birth, physical description and driver' s license number. (b) The date (s) and place (s) of the proposed bingo game or games. (c) Proof that the organization is a nonprofit chari- table organization as defined by this Chapter. - 2 - � \ �' � Revised 7-9-76 � Sec. 9 . 12. 160 Term of License and Fees. I � The term of a bingo license is one (1) year and may be renewed for a period of one (1) year upon application therefor. � The fee for a bingo license shall be fifty-five dollars :($55) . The fee for renewal shall be ten dollars ($10) . The appropriate fee shall accompany the submission of each application, is nonrefundable and shall be used to defray the cost of the issuance of said license. Sec. 9 . 12. 170 Application Investigation. Upon receipt of an application for a license, the Chief of Police may send copies of such application to any office or department which the Chief of Police deems essential in order to carry out a proper investigation of the applicant. The Chief of Police and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application, the character of the applicant, and may examine the premises to be used for the bingo game. Upon approval of any application for a bingo license, the Chief of Police shall issue the license. Sec. 9 . 12 . 180 License Not Transferable. Each license issued hereunder shall be issued to a specific person on behalf of a specific nonprofit, chari- table organization to conduct a bingo game at a specific location and shall in no event be transferable from one person to another nor from one location to another. Sec. 9. 12. 190 Limitations. , A nonprofit, charitable organization sha11 conduct a bingo game on_ly on property. both owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. (a) No minors shall be allowed to participate in any bingo game. (b) All bingo games shall be open to the public, not just to the members of the nonprofit, charitable organi- zation. (c) A bingo game shall be operated and staffed only by members of the nonprofit, charitable organization which organized it and none shall receive a profit, wage or salary from any bingo ga�e. Only the organiza- tion authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. - 3 - � � � Revised 7-16-76 (d) No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game. I (e) All profits derived from a bingo game shall be kept in a special fund or account and shall not be com- mingled with any other fund or account. The applicant shall file a full and complete financial statement of all monies collected, disbursed and the amount remaining for charitable purposes with the Chief of Police ninety (90): days after the issuance of a license , and at ninety (90) day intervals thereafter for so long as the bingo game continues to operate . (f) No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. Cg) The total value of prizes awarded during the con- duct of any bingo game shall not exceed two hundred fifty dollars ($250) in cash or kind, or both, for each separate game which is held'. (h) No bingo game shall be conducted between the hours of midnight and 8 : 00 a.m. (i) No organization sha11 be licensed to operate a bingo game pursuant to the requirements of this chapter unless said organization shall have been operating in the City of Chula Vista for a period of two (2) years prior to the submission of the application. (j). No bingo game shall be conducted by an organization on more than three (3) days out of any seven (7) calendar days. Sec. 9 . 12 . 200 Inspection. Any peace o£ficer of the City of Chula Vista shall have free access to any bingo game licensed under this Chapter. � The licensee shall have the bingo license and lists of approved sta£f available� for inspection at all times during any bingo. game. , Sec. 9 . 12 . 210 Application, Denial , License Suspension and/or Revocation, The Chief of Police may deny an application for a bingo license, or suspend or revoke a license if he finds the applicant or licensee or any agent or representative there- of has : (a) Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this ordinance, or (b) Violated any of the provisions of this Chapter, If after investigation the Chief of Police determines that a bingo license should be suspended or revoked or . an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application setting forth the reasons for such suspension, revocation or denial of application. Such .notice shall be sent by certified mail to the applicant ' s last address provided in the application or be personally delivered. Any person who ha_s had an application for a bingo license denied by the Chie£ of Police, or who has had a bingo license sus- pended or revoked by the Chief of Police may appeal the � p � L'f1IBf Of P(l� l CP � R [3aci ai nn i n i-ha manncr nrnvi AcA i n fh i c Lhd C2Y. . , � Revised 7-9-76 Sec. 9 . 12 . 220 Appeal Procedure. Whenever an appeal is provided for in this Chapter, � such appeal shall be �filed and �conducted as prescribed in this section: . ' (a) Within fifteen (15) calendar days after the notification of any denial, suspension, revocation or other decision of the Chief of Police, an aggrieved , party may appeal such action by filing with the City Clerk of the City o£ Chula Vista a written appeal briefly setting forth the reasons why such denial, suspension, revocation or other decision is not proper. (b) Upon receipt of such written appeal , the City , Clerk of the City of Chula Vista shall refer the same to the City Council for hearing and the appellant shall be notified in writing by the City Clerk of the time, date and place of hearing. Upon good cause being shown, the Council may at its discretion set another time for such hearing, and at the time of such hearing, the Coun- , cil shall hear and determine the propriety of the actions of the Chief of Police based upon evidence presented at such appeal hearing relevant to the denial, suspension, revocation or other decision of the Chief of Police. The City Council shall receive evidence and the Mayor, upon the advice of the Ci�ty Attorney, shall rule on the admissibility of evidence and on questions of law. The formal rules of evidence applicable in a court of - law shall not apply to such hearing. , (c) At the conclusion of the hearing, the City Council may uphold the denial, suspension, revocation or other decision of the Chief of Police, or they may allow that which has been denied, reinstate that which has been suspended or revoked, or modify or reverse any other decision of the Chief of Police which is the subject of the appeal. The Council shall within five :(�5) days file with the C•i�ty Clerk of the C•i�ty of Chula Vista written findings of fact and conclusions of law and their decision shall be final. i Sec. 9 . 12. 230 Violations and Penalties , � � (a) It is unlawful for any person to receive a pro- fit, wage or salary from any bingo game authorized by ' this Chapter. ' (b�)t Any person violating any of the prov,isions or failing to comply with any of the requirements of this Chapter shall be guilty of a misdemeanor and upon con- viction thereof, shall be punishable by a fine not to i exceed five hundred dollars ($500) or by imprisonment � in the County jail for a period of not more than six (6) months or by both such fine and imprisonment. All sanctions provided herein shall be cumulative and not exclusive. - 5 - � %,\ � . Revised 7-9-76 Sec. 9 . 12.240 Severability. � If any provision, clause, sentence, or paragraph of � this Chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are hereby , declared to be severable. SECTION III: This ordinance shall take effect and be in full force and effect on the thirty-£irst day from and after its adoption. , Presented and Approved as to Form by � • � George Lin erg, City At or ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of July , 197 6 , by the following vote, to-wit: — AYES : Councilmen Cox, Hamilton, Hobel NAYES : Councilmen Egdahl ABSENT: Councilmen H de Diayor o the City of Chula Vist � ATTEST „!�Q ��(./��(-1'��'�iwC/u-� eputy Crty Cler STAT OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. � CITY OF CHULA VISTA) I, , City Clerk of the C�ity of Chula V�ista, Ca ifornia, DO HEREBY CERTIFY that the above is a full, � true and correct copy of Resolution No, , and that the same has not been amended or repealed. DATED - C•ity Clerk - 6 - ' � , Revised 7-9-76 Sec. 9 . 12.240 Severability. � If any Irovision, clause, sentence, or paragraph of ` this Chapter or the application thereof to any person or circumst�ance shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Chapter which can be given effect with�out the invalid provision or application, and to this end the provisions of this Chapter are hereby , declared toibe severable. SECTION III: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its adoption. , Presented and Approved as to Form by � • George Lin erg, City At or � ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 20th day of July , 197 6 , by the following vote, to-wit: — AYES : Councilmen Cox, Hamilton, Hobel NAYES: Councilmen Egdahl ABSENT: Councilmen H de � riayor of the City of Chula Vist ATTEST �- �t-� eputy City Cler STAT OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. � CITY OF CHULA VISTA) I, , City Clerk of the Csty of Chula V�i:sta, Ca ifornia, DO HEREBY CERTIFY that the above is a full, � true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATSD - , Gity Clerk I - 6 - , � �