HomeMy WebLinkAboutAgenda Statement 1979/10/23 Item 13Item No. 13
10/23/79
Ordinance 1881 .
� - CITY OF CHULA VISTA � . �
COUNC[L AGEiVDA STATEMEyT Item No. 1'
For meeting of 10/ 23/79
[TEt4 TITLE Ordinance f g8/ - Amending Chapter 5 . 54 of the City Code Relating
to the Issuance of Certificates for the Operation of Taxicabs
within the City of Chula Vista
SUBMITTED BY City Attorney
ITEM EXPLANATION (4/5TH' S VOTE REQUIRED YES_ NO x )
The Assistant City Manager, Gene Asmus, and the City Attorney met with
representatives of the taxicab companies . Although a variety of objec-
tions were made to the proposed ordinance by all of those present,
which objections have generally been reconciled, there still remain
certain differences of opinion anong the various operators because of
the nature of their operation, i .e . , the small independent vs . the
fleet operators such as Yellow Cab and Diamond Cab.
The attempt has been made to fairly and equitably resolve such differences
and the ordinance has been appropriately revised for Council action . The
revisions proposed are as follows :
1 . Section 5 . 54 . 010 has been modified to authorize pickups within
the City of Chula Vista by any vehicles owned by a certified
operator which may be in the City either because of excessive
demands or subsequent to dropping a passenger at a point of
destination within the City .
2 . Section 5 . 54 .020 has been modified to provide for a flat $100
per year charge for doing business in the City plus the present
license fee of $25 per quarter for vehicles certified in the
City plus an administrative fee of $3 per year for any vehicles
owned by a certified operator based upon the assumption that
any of those vehicles potentially will operate within the City .
(Continued on Page Two)
EXHIBITS
Agreement_ Resolution_ Ordinance x Plat_ Notification List_
Other ENVIRONMENTAL DOCUMENT: Attached_ Submitted on
F[NANCIAL IMPACT
STAFF RECOMMENDATION Place Ordinance on First Reading
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION /� : , i
�
� by the "City Ccuncil of by the City Cou�cil of
Chula ,Vis.a, Calif�rnia Chula Vista, C2iifornia
Dated /O- .2 3- � Dated
5/77)
. $ _ -.
' _ � � . Agenda Item l±
10/23/.79�. •
Page 2
3 . Section 5 .54 .030, under the definition of "Taxicab" , has been
' modified to delete the requirement for a glass partition
between passenger and driver ' s compartment, which is considered
an obsolete provision, and requirement has been made to exclude
such vehicles types as pickup trucks and dune buggies as being
used for taxicabs .
9 . Section 5 .54 . 050 has been modified to allow for inspection to
be made by other governmental agencies or by a responsible and
licensed mechanic doing business in the City of Chula Vista as
well as possible inspection by the City of Chula Vista, which
would still require a $25 fee if the City performs the inspec-
tion. Said section has also been modified to clearly state
that the certified operator is responsible for all maintenance
and cleanliness requirements even though the vehicle may be
leased to another party .
5 . Section 5 . 59 .110 has been modified to eliminate the $1 , 000, 000
excess insurance coverage which would make doing business almost
prohibitive for any of the operators including Yellow Cab. The
insurance limits have been raised in accordance with PUC standards
even though the City of San Diego has not gone to such higher
limits, but the operators are authorized to have a $500, 000 com-
bined single limit policy which may be less expensive than the
varied policy limits as set forth in the ordinance requirements .
6 . Section 5 . 54 .120 has been modified to eliminate the set annual
review of maximum taxicab rates . Either the City on its own
or after petition by an operator may conduct a public hearing
at any time to adjust the maximum rates .
) �2/ , ;
Coa;plimer.ts pp
�`-�L`�b9'il$ y0II i'!lLSO;;
Assembly BJI No. 17a3 �
State Capitol
Sacra.,t�t�� Californice
CIIAPTEIi 1006 ���1�
An acl lo ameuJ Section 32fi.5 of the Penal C«le, relaling to bingo.
�.9ppruveJ Ly Cuvernor Se�HemlKr?6. 1979 Filed w�ilh
$ecrcWry of Slate SeplemLrr 26, 19i9 J
I.ECISLATIVE COUNSEL�S UICFST
� A13 1 i33, Creene. Ringo.
Existing law permils a cily, counly, or cit�•and county tu adopl an
ordinance aulLorizing s�cified t}'pes of organimtions to conduct
bingo games, provided l6al the proceeds are used only for charil•rble
purposrs. \Nith respect lo certain of suc6 organizations, a por[ion of •
the pruceeds, nol [o exceed 104'o a(ter Uie deduction for prizes or
$SW per monlh, ..hichever is Icss may br used for rental of property,
u.•erlie:�d, and adminislrative ezpenses. Exisling law• permits a city,�
counl}', or city and county lo im�wse a license (ee nol exceeding SSQ.
7'6is bill would, insteaJ, provide that Ihe porlion of the proceeds
used for such expenses not exceed 1090 before [he deduction (or
prizes or S�W per monl6, whichever is Icss, H�ould provide lhal
over6ead includes the purchase of �ingo equipment, and w•ould
permit proceeds to be used to pay license fees. The bill would specif}'
Iha1 Ihe license fee shall not exceed S50 annuallq, unless Ihe city,
counl}'.or city and countq chooses to impose a SSO license application
fee and an addilional fce oE 1 40 of thr monlhly gross receipts over
&i.(NIO collected munthly.
Gxisting law defines bingo, for �he purposes of such authorized
bingo g:.mes, as a game uf chance iu .vhich prizes are awarded on the
basis of nwnlxxrs or synilwls on a carJ conforming to numbers or
svmlMls selected al raudom.
This bill wuulJ define bingu lo also include a game of c6ance in
w•hich prizes are awarded on the basis of cards wilh cuncealed
prepriu�ed numl�rs or sqmbols. provided �he winning cards are not
known prior lo lhe gam� by the parlicipants or u�>eretors o[ the
ga me. •
Tl�is hill �Isn makrs addilional c6anges proposed by SI3 I t°3, to be
up�•rnlive only if SR 1123 and lliis bill arc lyd6 chaptered anJ lxcome
cffecti�•e on Januar�� l. 1980, and this bill iy clmplered a(Ier S13 1123.
The yeaplr of the Stale of California do enact us follows:
SECTI01� l. Section 326-5 of the Penal Cocle is amended to read:
3°G5. (a) Neilher this c6apter nor Chapter 10 (commencing -
with Seclion 330) applics to any bingo game which is conducted in
a cilv, couuly, or cily and counly pursuanl lo an urdinance enacted
undcr Sectiun 19 0(Arlicle I V of lhe Slale Constitution, provided lhat _
o so
—g— Ch. loos ' �
Ch. loos —2— . ,
' such ordinance allows games to be conducted only by organizations (2) A portion of such proceeds, not to eaceed LO percent of the
exempted from the payment of the bank'and corporation tax by proceeds before the deduction Eor prizes, or five hundred dollars ;
^� Sections 23701� 237016, 23701d, 23701e, 23701f, 23701g, and 23701(! (5500) per month, whichever is less, may be used for rental of -
� ) of [he Revenue and Taxation Code and by mobilehome park property,overhead, including the purchase of bingo equipment,and
•�y associations and senior citizens organizations; and provided that the administrative expenses
� proceeds oF such games are used only for charitable purposes. , (3) Such proceeds may be used to pay license Eees.
(b) Il is a misdemeanor for any person to receive or pay a profit, (k) (1) A city, county, or city and rnunly may impose a licerse
� wage, or salary Erom any bingo game authorized by Section 19 of fee on each organization which it authorizes to conduct bingo games
Article IV of the State Constitution. The fee, whether Eor the initial license or renewal, shall not zxceed
'-.` (c) A violation of subdivision (b) of this section shall be fifty dollars ($50) annually, except as provided in paragraph 12j. .'.f
punishable by a fine not to exceed ten thousand dollars (518,000), an application for a license is denied, one-half of any license fee paid
which fine shall be deposited in the general fund of the city, county, shall be refunded to the organization.
or city and county which enacted the ordinance authorizing the (�) In lieu of tFie license fee permitted under-paragraph .(1), a
_ bingo game. A violation of any provision of this section, other than , city, county, or city and county may impose a license fee oF fiEty
subdivision (b), is a misdemeanor. dollars ($50) paid upon application. If an application for a license is
, (d) The city, county, or city and county which enacted the denied, one-halF oE the application fee shall be reEunded to the
� ordinance authorizing the bingo game may bring an action to enjoin organization. An additional fee of 1 perrent of the monthly gross
a violation of this section. receipls over five thousand dollars (55,000) derived From bingo
(e) No minors shall be allowed to participate in any bingo game. games shall be collected monthly by the city, county, or city'and
- (Q An organization authorized to conduct bingo games pursuant • county issuing the license.
to subdivision (a) shall conduct a bingo game only on property ��) No person shall be allowed to participate in a bingo game,
owned or leased by it, and which property is used by such unless the person is physically present at the time and place in which
organization for an oEfice or Eor performance of the purposes for the bingo game is being conducted.
" " which the organization is organized. Nothing in this subdivision shall (m) The lotal value oi prizes awarded during [he conduct of any
be cons[rued to require that the property owned or leased by the bingo games shall not exceed two hundred fi(ty dollars ($250) in cach
organization be used or leased exclLLSivety by such organization. or kind, or both, for each separate game which is held.
(g) All bingo games shall be open to the public, not just to the (n) As used in this section "bingo" means a game of chaoce in
members oE the authorized organization. which prizes are awarded 'on Ihe basis of designated numbers or
(h) A bingo game shall be operated and staffed only by members symbols on a card which conform to numbers or symbols selected at
of the authorized organization which organized it. Such members random. Notwithstanding Section 330c, as used in this section, the
, shall not receive a profit, wage, or saiary from any bingo game. Only game of bingo shall include cards having numbers or symbols which
the organization authorixed to conduct a bingo game shall operate are concealed and preprinted in a manner providing foc distribution
, such game,or participate in the promotion, supervision, or any other oF prizes. The winning cards shall not be known prior to the game
phase of such game. by any person par[icipating in the playing or operation oE the bingo
(i) No individual corporation, partnership, or other legal entity game. All such preprinted cards shall bear the legend,"for sale or use
' except the organization authorized to conduct a bingo game shall only in a bingo game authorized under California law and pursuant
hold a Einancial interest in the conduct o[ such bingo game. . to local ordinanc�." It is the intention of the Legislature that bingo
-- (j) With respect to organizations exempt from payment of the as deFined in this subdivision applies exclusively to this section and
bank and corporation tax by Section 23701d oE the Revenue and shall not be applied in the construction or enforcement o(any other
Taxation Code, all profits derived from a bingo game shall be kept _ __ provision of law. ,_._,_. _._ .__ ._.___--- -- -
---- ------ - - ---
in a special Eund or accounl and shall not be commingled with any
olf�cr fund or accounL Such profits shall be used only (or charitable
purposes. With respect to other organizations aut6orized to conduct
bingo games pursuan! to this sec:icn, all procceds de:i�rd frcm a
bingo game shall be kept in a spccial fund or acrnunt and shall not ' �
bc commingled �vith any other fund or accoimL Such proceeds shall
be used onlv for charilable purpases, except as (ollows:
.
(1) Such procceds may be used for prizes. '