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HomeMy WebLinkAbout05-08 CC Ordinance I I I ORDINANCE NO. 05-08 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.50 TO THE TEMECULA MUNICIPAL CODE AUTHORIZING THE GAME OF BINGO BY CHARITABLE ORGANIZATIONS AND PROVIDING FOR THE REGULATION THEREOF THE CITY COUNCil OF THE CITY OF TEMECULA DOES ORDAIN AS FOllOWS: Section 1. Chapter 9.50 is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 9.50 BINGO Section 9.50.010. Definitions. Whenever, in this chapter or in any resolution or standard adopted by the City Council pursuant to this chapter, the following terms are used, they shall have the meanings respectively ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended: 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. The game may 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. All such preprinted cards shall bear the legend, "for sale oruse only in a bingo game authorized under Califomia law and pursuant to local ordinance." B. "Minor" is any person under the age of eighteen (18) years. C. "Qualified organization" is a mobilehome park association, a senior citizens organization, an organization 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, or the City of Temecula. D. "City Manager" shall mean the City Manager of the City of Temecula or his or her designee. Section 9.50.020. Authority. The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code. Section 9.50.030. License required. A. It is unlawful for any organization to conduct any bingo games in the City unless such organization is a qualified organization and has been issued a license as provided in this chapter. R:/Ords 2005/0rds 05-08 I I I B. It is unlawful for any person to conduct any bingo games in City unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter. Section 9.50.040. Application for license. Applications for a license or renewal thereof shall be filed with the City on forms prescribed by the City Manager and shall be signed under penalty of pe~ury. Such applications shall be filed: A. games; Not less than thirty (30) days prior to the proposed date of the bingo game or B. Not later than thirty (30) days after obtaining written verification from the planning department that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off-street vehicle parking facilities on the basis of not less than one parking space for each two seats and that the use and location otherwise comply with all applicable provisions of the Temecula Municipal Code; one seat is defined as an area of seven and one-half square feet; and C. Not later than thirty (30) days after obtaining written verification from the building and safety department that the operation of such game or games at the proposed location is in compliance with all applicable provisions of the Temecula Municipal Code. Section 9.50.050. Term of license and fees. A. The term of a bingo license is twelve (12) months and may be renewed. B. The fee for an initial bingo license shall be fifty dollars ($50.00) and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of fifty dollars ($50.00) which has been paid at least thirty (30) days prior to the expiration of the term of the current license and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least thirty (30) days prior to expiration of the current license, an additional late fee of twenty-five dollars ($25.00) shall be paid. Section 9.50.060. Application investigation. A. Upon receipt of an application for a license, along with the appropriate fee, the City Manager shall investigate the truth of the matters set forth in the application and the character of the applicant, and may examine the premises to be used for the bingo game or games. B. The City Manager may make inquiries to any office or department of the City, and to any State of California and federal agencies which the City Manager deems essential in order to carry out a proper investigation of applicant and the organization. C. Upon completion of the investigation, the City Manager shall approve, conditionally approve or deny the application for a bingo license in accordance with the terms of this Chapter and notify the applicant in writing. R:/Ords 2005/0rds 05-08 2 I I I Section 9.50.070. License not transferable. A. Each license issued hereunder shall be issued to a specified qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another. Section 9.50.080. Limitations. A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization. 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 the members of the qualified organization. D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. 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. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game. E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter. F. 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. G. 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 profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section 23701d of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows: 1. Such proceeds may be used for prizes. R:/Ords 2005/0rds 05-08 3 I I I 2. A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the deduction for prizes, or two thousand ($2,000.00) 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. The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. At the end of each month during which any bingo game is conducted, the licensee shall file with the City a full and complete financial report accounting for the funds remaining or distributed for charitable purposes, in such form as prescribed by the City Manager. 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 games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held. Section 9.50.090. Inspection/Audit. A. Any peace officer or official of the City designated by the City Manager shall have free access to any bingo game licensed under this Chapter. The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. B. Officials of the City shall have the right to examine and audit the records of the licensee related to its bingo operations at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. If a City examination or audit discloses fraud, inappropriate use of proceeds, or violation of the provisions of this Chapter or state law, the licensee shall pay for the City's costs incurred in the examination or audit. Section 9.50.100. Denial of application, license or suspension or revocation. A. The City Manager may deny an application for a bingo license, if he or she finds: 1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter; 2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith; R:/Ords 2005/0rds 05-08 4 I I I 3. That the applicant, or any of its members, is not of good moral character. If the applicant has, or any of its members have, been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that the applicant is not of good moral character; or, 4. That the applicant is unfit to conduct bingo games. B. The City Manager may suspend or revoke a license if he or she finds: 1. That the licensee has, orany of its members have, violated any of the provisions of this chapter; or 2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for an'y reason for which the license application could have been denied. C. If, after an investigation, the City Manager determines that a bingo license should be suspended or revoked or that an application for such license be denied, he or she shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, retum receipt requested to the licensee's or applicant's last address as provided in the application. D. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or if affirmed on appeal by the city council as provided in Section 9.50.110, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Section 23701(a), 23701 (b), 23701 (d), 23701(e), 23701(f), 23701(g) and 23701(1) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption. Section 9.50.110. Appeal. A. Any person who has had an application for a bingo license denied by the City Manager, or who has had a bingo license suspended or revoked by the City Manager may appeal the decision of the City Manager by filing with the City Clerk, within fifteen (15) days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The City Clerk shall give written notice of the time and place of the hearing to the appellant. B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the city council shall not, be limited by the technical rules of evidence. R:/Ords 2005/0rds 05-08 5 I I I Section 9.50.120. Violations - Penalties A. 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 one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. B. Notwithstanding provisions of subsection A of this section, any violation of Section 9.50.080(E) shall be punishable by a fine not to exceed ten thousand dollars ($10,000.00). Such fine shall be deposited in the general fund of the City. C. All sanctions provided in this chapter shall be cumulative and not exclusive. Section 9.50.130. Other remedies. The provisions of Section 9.50.120 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. Section 9.50.140 City Bingo Regulations. The City Manager is hereby authorized to enact such administrative regulations as are necessary or convenient to implement the provisions of this Chapter." Section 2. The City Council of the City of Temecula, as the legislative body of the City, makes the following findings in support of the immediate adoption and application of this ordinance as any urgency ordinance regulating bingo within the City of Temecula. Bingo games are currently being conducted regularly in the Redhawk Area. The Redhawk Area will be annexed to the City of Temecula on June 30, 2005. The City of Temecula has not yet adopted an ordinance authorizing qualified organizations to conduct bingo games within the City ofTemecula as required by state law. The bingo games that are currently being operated in the Redhawk Area are subject to Riverside County Ordinance No. 558.12 but will be deemed illegal upon annexation of the Redhawk Area to the City of Temecula. Therefore, in order to allow the continued operation of said bingo games in a lawful manner after effective date of the Redhawk Annexation, the City Council must adopt an urgency ordinance to authorize the operation of bingo games within the City of Temecula. Section 3. This ordinance is adopted as an urgency ordinance pursuant to the provisions of Government Code Sections 36934 and 36937 and shall be effective immediately upon its adoption. Based upon the findings set forth Section 1 of this Ordinance, the City Council finds and determines that the adoption of this ordinance as an urgency ordinance is necessary for the immediate preservation of the publiC peace, health or safety pursuant to the requirements of Govemment Code Sections 36934 and 36937. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. R:/Ords 2005/0rds 05-08 6 I I I Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the rnanner required by law. PASSED, APPROVED AND ADOPTED this 14th day of June, 2005. ~:-- ~7""""- ATT:EST: ~ . -. - , Jeff Comerchero, Mayor " " STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-08 was duly adopted ata meeting of the City Council on the 14th dayof June, 2005 by the following vote: AYES: NOES: 4 1 COUNCILMEMBERS: Edwards, Roberts, Washington, Comerchero COUNCILMEMBERS: Naggar COUNCILMEMBERS: None ABSENT: o ABSTAIN: o COUNCILMEMBERS: None uJ Susan W. Jo es, CMC City Clerk R:/Ords 2005/0rds 05-08 7