HomeMy WebLinkAboutOrd 1982-1987 ORDINANCE NO. 1987
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 9.12 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO REGULATIONS GOVERNING BINGO GAMES
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Sections 9.12.130, 9.12.150, 9.12.160,
9.12.190 and 9.12.230 of Chapter 9.12 of the Chula Vista Municipal
Code be, and the same are hereby amended to read as follows:
Sec. 9.12.130 Bingo-Definitions.
Whenever, in Sections 9.12.120 through 9.12.240, the
following terms are used, they shall have the meaning
respectively ascribed to them in this section.
A. "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. Bingo shall also include cards
having numbers or symbols which are concealed and
preprinted in a manner providing for distribution of
prizes. The winning cards shall not be known prior
to the game by any person participating in the
playing or operation of the bingo game.
B. "Nonprofit, charitable organization" means an organ-
ization exempted from the payment of the bank and
corporation tax by Sections 23701a, 23701b, 23701d,
23701e, 23701f, 23701g and 237011 of the Revenue and
Taxation Code and by mobile home park associations
and senior citizen organizations; and provided, that
the receipts of such games are used only for chari-
table purposes.
Sec. 9.12.150 Bingo-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 require from the
applicant at least the following:
A. A list of all members who will operate the bingo
game, including the full name 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 charitable
~' organization as defined by Section 9.12.130.
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D. Concurrently, with the filing of an application for a
bingo license, each applicant shall file a statement
specifying the name and address of not more than four
persons who shall manage, supervise and be respon-
sible for the conduct of all bingo games by said
applicant. Said person(s), who shall be known as the
bingo chairperson, shall sign a statement accepting
such responsibility. The bingo chairperson shall be
present on the premises at all times during which
bingo games are conducted.
Sec. 9.12.160 Bingo-Term of license and fees.
A. The term of a bingo license is one year and may be
renewed for a period of one year upon application
therefor.
B. The fee for a bingo license and a renewal license
shall be as presently designated, or may in the
future be amended, in the Master Fee Schedule. The
appropriate fee shall accompany the submission of
each application, and in the event an application is
denied, fifty percent of said fee shall be refunded.
C. For each change in the bingo chairpersons who will
manage the bingo game, there shall be a fee for
processing the applicant's fingerprints, as set forth
in the Master Fee Schedule. The appropriate fee
shall accompany the submission of each application.
D. A fee, not to exceed one percent (1%) of the monthly
gross receipts over five thousand dollars ($5,000)
derived from bingo games shall be collected monthly
by the City.
Sec. 9.12.190 Bingo-Limitations.
A. A nonprofit, charitable organization shall conduct a
bingo game only on property which is both owned or
leased by it, and used by such organization for an
office or for the performance of the purposes for
which the organization is organized.
B. No minors shall be allowed to participate in any
bingo game.
C. All bingo games shall be open to the public, not just
to members of the nonprofit, charitable organization.
D. 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 game, including any
free or discounted play of any bingo game. This
subsection does not preclude the employment of
security personnel, who are not members of the
authorized organization, at such bingo game by the
organization conducting the game. Such members
\~ during operation of any bingo game shall wear on his
~ or her outside clothing, in plain view, at chest
height, an identification badge or device measuring
not less than three (3) square inches in area of any
shape, clearly specifying the name of the licensed
organization and either the full name of the person
wearing such identification or a number corresponding
to the registration of such employee or member held
by the licensed organization. Said employees or
members while managing, supervising or conducting any
bingo game shall not be allowed to participate as a
player in any bingo game. Only the organization
authorized to conduct a bingo game shall operate such
game or participate in the promotion, supervision or
any other phase of such game.
E. 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.
F. With respect to organizations exempt from payment of
the bank and corporation tax by Section 23701d of the
Revenue and Taxation Code, all profits derived from a
bingo game shall be kept in a special fund or account
and shall not be commingled with any other fund or
account. Such profit shall be used only for
charitable purposes.
G. With respect to other organizations authorized to
conduct bingo games pursuant to Section 23701, except
23701d, proceeds derived from a bingo game shall be
kept in a special fund or account and shall not be
commingled with any other fund or account. Proceeds
are the receipts of bingo games conducted by organiza-
tions not within Subsection F. Such proceeds 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
percent of the proceeds before the deduction for
prizes, 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.
H. 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.
I. The total value of prizes awarded during the conduct
of any bingo game shall not exceed two hundred fifty
dollars in cash or kind, or both, for each separate
game which is held.
~.~ J. No bingo game shall be conducted between the hours of
midnight and eight a.m.
.... K. No bingo game shall be conducted by an organization
on more than three days out of any seven calendar
days.
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L. No chairperson shall knowingly permit a person who is
intoxicated and unable to exercise care for his
safety or the safety of others to participate in or
wander about any bingo game.
M. All disbursements from the bingo account shall be by
consecutively numbered checks signed by two autho-
rized officers of the licensee and shall be made
payable to a specific individual or organization.
There shall be written on each check the nature of
the expenditure for which the check is drawn. No
check shall be drawn to "Cash" or a fictitious payee.
N. A record of all donations and/or sales of b~ngo
playing cards shall be maintained and kept on file in
the bingo office with the financial statement for
inspection purposes.
O. Within thirty (30) days after any bingo game is held,
the licensee shall file with the chief of police a
full and complete financial statement, using an
approved form, of all monies collected or disbursed
and the amount remaining for charitable purposes, or
if the licensee conducts bingo games on an ongoing
basis, the licensee shall file a monthly statement,
due thirty (30) days after the end of each month.
The chief of police shall have the power to inspect
all books, records and papers of the nonprofit,
charitable organization which pertain to the
operation of said bingo games.
Sec. 9.12.230 Bingo-Violations and penalties.
A. It is unlawful for any person, other than employed
security personnel, who are not members of the
authorized organization, to receive a profit, wage,
or salary from any bingo game authorized by this
chapter.
B. Any person violating any of the provisions or failing
to comply with any of the requirements of this
chapter shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punishable by a fine not
to exceed five hundred dollars, or by imprisonment in
the county jail for a period of not more than six
months, or by both such fine and imprisonment.
C. All sanctions provided herein shall be cumulative and
not exclusive.
SECTION II: 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
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
'Y OF CHULA VISTA, CALIFORNIA, HELD June 1 , 19 82 ,, AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD June 8
19~ 2 , by the following vote, to-wit:
AYES: Councilmen Scott, Cox, Moore, McCandl i ss ~
NAYES: Councilmen None
ABSTAI N: Councilmen None
ABSENT: Councilmen Gi 11 ow
ATTES ,, ~l,'2-Z-d-(~ ( _
I r
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
0RDTNANCE N0. 1987 ,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-660
ORDINANCE NO. 1987
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER
9.12 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
REGULATIONS GOVERNING BINGO GAMES
By unanimous vote on June 8,1982, the City Council placed
Ordinance No. 1987 on second reading and adoption. The
ordinance amends Sections 9.12.130-150-160-190 and 230 of
the Municipal Code relating to operation of Bingo games.
Copies of the ordinance are available at the office of
the City Clerk, 276 Fourth Avenue, Chula Vista.
E za . on
Deputy ity Clerk