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HomeMy WebLinkAbout2010/12/07 Item 3 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 9.12.130 TO AUTHORiZE REMOTE CALLER BINGO WHEREAS, remote caller bingo is a type of bingo game \vhere the random drnw of numbers or symbols is conducted and announced in' one location, and players can participate from another location using audio or video technology; WHEREAS, California municipalities are authorized pursuant to state law to pass an ordinance authorizing remote caller bingo, if the games arc conducteu according to the conditions set forth in state law, including limits on the types of organizations that can conduct remote caller bingo, and a requirement that proceeds from remote caller bingo be used for non-profit purposes; WHEREAS, the City has received inquiries from nonprofit charitable organizations within Chula Vista that are interested in conducting remote caller bingo as a charitable f'undraising activity; WHEREAS, the use of remote caller bingo for charitable fundraising, according to the conditions set forth in state law, would provide a benefit to the community; and WHEREAS, there is a need to amend Chapter 9. I 2 of the Chula Vista Municipal Code in order to authorize remote caller bingo. NOW; THEREFORE, tbe City Council ofthe City OfChula Vista does, hereby, ordain as follows: SECTION 1. That Chula Vista Municipal Code Section 9.12.130 be amended to read as follows: 9. I 2.130 Bingo - Ddinitions. Whenever, in CVMe 9. I 2.120 throLlgh 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 confonn 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. 3-1 B. "Nonprofit charitable organization" meanS an organization exempted from the payment of the bank and corporation tax by Sections 23701 a, 23701 b, 23701 d, 2370 I e, 23701 f, 23 70 19. 23701 k.AAe-23 70 Ii and 23 70 I w of the Revenue and Ta,ation Code, and by mobilehome park associations~ an4-senior citizen organizations and charitable onwnizalions nl'tiliated with a school district; and provided, that the receipts of such games are used only for charitable purposes. C. "Remote Caller Bingo:' a tvpe ofbin~o game aLlthorized bv California Penal Code Seclion, 326.3 and 326.4. maY' he lawfullv !,Iaved in the City ol'Chub Vista Dursunnl ro state law and t.his chapter and not. otherwise. Nonpmtit charit.able orilanizat;ons idelltil"icd in Subsection B "bove must pruvidc proof to the Chief ol'l'oliee that. time thev arE licensed DurSllant to Penal C()de Sections 326.3 and ]}6.4 prior to enf:.at!ln~ ill Remote Caller Bil1C!.o. SECTION n. EFFECTIVE DATE. This ordinance will take effect. and be in force t.hirty days after final passage. Presented by Approved as to form by --.:? /- ~ /~-' ~ ., . ~--- .' -" <--...--.- -_.~ Bart C. Miesfeld- D fJ'v7 '7 City Attorney Chance Hawkins Deputy City Attorney 3-2