Loading...
HomeMy WebLinkAboutORD 061 1986 0120ORDINANCE NO. 61 AN ORDINANCE: OF THE CITY OF MOORPARK, CALIFORNIA ADDING CIIAPTER 1 TO TITLE 11 OF THE MOORPARK MUNICIPAL CODE, RELATING TO BINGO GAh1ES; AND REPEALING ARTICLE-4.5 OF CHAPTER 5 OF DIVISION 6 OF THE VENTURA COUNTY ORDINANCE CODE, AS ADOPTED I3Y THE CITY OF MOORPARK BY ORDINANCE NO. 6 ON SEPTET IBEIt 21, 1983. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1 is hereby added to Title 11 of the Moorpark Municipal Code, to read as follows: "CHAPTER 1. BINGO GAMES "Sec. 11.01.010. Bingo Game Defined. 'Bingo game' shall mean a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random. The game of bingo shall include cards having numbers or symbals 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 be known as the game of 'pull-tab'. All such preprinted cards shall bear the legend, 'for sale or use only in a bingo game authorized under California law and pursuant to local ordinance'. "Sec. 11.01.020. Licenses: Applications Upon application, the Sheriff is authorized to issue a license for a bingo game, pursuant to Section 326.5 of the Penal Code of the State, for the period through June 30 of any given year. The license may be issued and renewed if the Sheriff is satisfied that each of the following conditions are and will be met: (a) The license shall be applied for, granted to, for the benefit of, and administered and conducted only by organizations exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g), and 23701(1) of the Revenue and Taxation Code of the State and by mobile home park associations and senior citizen organizations. (b) The individual filing the application on behalf of the organization shall indicate: (1) The organization's name and address; (2) Proof of its exempt status as shown by a determination issued by the Franchise Tax Board of the State pursuant to the Revenue and Taxation Code of the State, or proof of status as a mobile home park association or senior citizen organization; and (3) Proof of his authority to file the application on behalf of the organization. (c) The organization shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. The property shall be identified in 'the application. (d) A bingo game shall be operated and staffed only by members of the organization which organized the bingo game and they shall not receive a profit, wage, or salary from the bingo game. Only the organization authorized to conduct a bingo game shall operate, promote, supervise, or hold a financial interest in the conduct of the bingo game. (e) A bingo game shall be open to all members of the public, other than minors, who are physically present. The maximum number of players on the property shall be estimated in the application. (f) All proceeds and profits derived from the conduct of bingo games shall be used only for charitable purposes and shall be kept in a special fund or account and shall not be commingled with any other fund or account; provided, however, a portion of such proceeds may be used for: (1) Prizes awarded during the conduct of a bingo game, which prizes shall not exceed Two Hundred Fifty and no /100 Dollars ($250.00) in cash or kind, or both, for each separate game; and (2) Payment for the rental of property, overhead, and adminis- trative expenses, all of which shall not exceed ten percent (10 %) of the proceeds after deductions for prizes, or Five Hundred and no /100 Dollars ($500.00) per month, whichever is less. (g) The organization shall keep a current and running record available for inspection by the Sheriff at his request, indicating: (1) The amount in the above - mentioned special fund account; (2) The dates any bingo games were played; (3) The number of bingo games played for each date; (4) The number of players for each date; (5) The amount of fees or moneys collected for each date; and (6) The total prizes awarded for each date. (h) The game of "pull-tab" may be played only currently with, and at the same tune, date and premises, as the game of bingo. At no time may pull -tab be played when and where bingo is not also being played. Pull -tab may be purchased only from persons and not from machines. -2- "Sec. 11.01.030. Licenses: Applications: Procedure. Upon the receipt of the application for a bingo game license, the Sheriff shall process the_ application and notify any department or agency which has a legitimate interest in —the granting or denying of the application. The Sheriff shall notify the applicant of the granting or denying of the application within thirty (30) days after its receipt. "Sec. 11.01.040. Licenses: Applications: Denial: Appeals. The applicant may petition the Council to appeal the denial of an application for a bingo game license. "Sec. 11.01.050. Licenses: Revocation: Petitions. The Sheriff may petition the Council to revoke any bingo game license on the ground that the conditions of the license have not been met. "Sec. 11.01.060. Licenses: Revocation: Petitions: Council Hearings. A petitioner shall file a written statement with the City Clerk requesting a hearing before the Council and indicating the basis for the petition. The City Clerk shall set the hearing within thirty (30) days and give notice to the Sheriff, in the event of an appeal, and to the licensee, in the event of a request for revocation. At the hearing before the Council, the petitioner shall have the burden of proof." SECTION 2. That Article 4.5 of Chapter 2 of Division 6 of the Ventura County Ordinance Code, as adopted by the City of Moorpark on September 21, 1983, by Ordinance No. 6, is hereby repealed. SECTION 3. That this ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general cir- culation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Passed and adopted this 20th day of January , 198 6 ATTEST: -3- Ma r of the �-'City `� -of Moorpark, California STATE OF CALIFORNIA ) COUNTY OF VENTUi2A } s s . CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 61 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 20th day of January , 19 86, and that the same was adopted by the following vote, to wit: AYES: Councilmembers Yancy- Sutton, Prieto, Ferguson, Woolard and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 20th day of January , 19 86 CITY CLERK