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HomeMy WebLinkAboutOrd 2010-3177ORDINANCE NO. 3177 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 where the random draw of numbers or symbols is conducted and announced in one location, and players can participate from another location using audio or video technology; and WHEREAS, California municipalities are authorized pursuant to state law to pass an ordinance authorizing remote caller bingo, if the games are conducted 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; and WHEREAS, the City has received inquiries from nonprofit charitable organizations within Chula Vista that are interested in conducting remote caller bingo as a charitable fundraising activity; and 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 9.12 of the Chula Vista Municipal Code in order to authorize remote caller bingo. NOW, THEREFORE, the City Council of the City of Chula Vista does, hereby, ordain as follows: SECTION L That Chula Vista Municipal Code Section 9.12.130 be amended to read as follows: 9.12.130 Bingo -Definitions. Whenever, in CVMC 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 aze awazded on the basis of designated numbers or symbols on a cazd 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. Ordinance No. 3177 Page 2 B. "Nonprofit charitable organization" means an organization exempted from the payment of the bank and corporation tax by Sections 23701 a, 23701b, 23701d, 23701e, 23701f, 23701 g, 23701k,237011 and 23701w of the Revenue and Taxation Code, and by mobilehome pazk associations, senior citizen organizations and charitable organizations affiliated with a school district; and provided, that the receipts of such games are used only for charitable purposes. C. "Remote Caller Bingo," a type of bingo game authorized by California Penal Code Sections 326.3 and 326.4, may be lawfully played in the City of Chula Vista pursuant to state law and this chapter and not otherwise. Nonprofit chazitable organizations identified in Subsection B above must provide proof to the Chief of Police that that they aze licensed pursuant to Penal Code Sections 326.3 and 326.4 prior to engaging in Remote Caller Bingo. SECTION II. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Chance Hawkins Deputy City Attorney Approved as to form by en R. Go gins ity Atto y Ordinance No. 3177 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of December 2010, by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None i 1 Cheryl Cox, ayo ATTEST: Do na Z~. Norris, C City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3177 had its first reading at a regular meeting held on the 23rd day of November 2010 and its second reading and adoption at a regulaz meeting of said City Council held on the 7th day of December 2010; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dated Donna R. Norris, CMC, City Clerk