HomeMy WebLinkAboutAGENDA REPORT 1993 0616 CC REG ITEM 11A -??. yt
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raW_ . AGENDA REPORT
By ' . YtA ' , City of Moorpark �:,Y M�:..
of (o /�ii 7s93
ACTION: A.
TO: The Honorable City Council • 7
FROM: Jim R. Aguilera, Director of Community Development/4V B; 'Ana( 4
DATE: June 9, 1993 (CC meeting of 6/16/93)
SUBJECT: CONSIDER REQUEST BY H.E.L.P. (PETE PETERS) TO CONDUCT BINGO
GAMES WITHIN THE RURAL EXCLUSIVE PROPERTY (RE)
Background:
On May 13, 1993 the City Council received a letter from Mr. Pete Peters representing the
Handicapped Equestrian Learning Program (H.E.L.P.) organization. The letter is a request
by H.E.L.P. to allow Mr. Peters to host bingo games on his property. The letter does not
provide any details, however at the City Council meeting of June 2, 1993, Mr. Peters
explained that his organization is proposing bingo games one day a week. Mr. Peters did
not specify the day of the week, the times of operation, the number of people expected to
attend, whether it will be in or outdoors, the type and amount of parking provided, etc.
At the June 2, 1993 Council meeting staff was directed to explore the possibility and under
what circumstances the H.E.L.P. request could be granted. The following is a set of
scenarios given the constraints of Planning and Zoning laws and ordinances:
Scenario 1
Given that the zoning ordinance does not explicitly allow bingo in any zone this
scenario would dictate that the H.E.L.P. request be denied.
Scenario Z
On January 20, 1986 the City Council adopted Ordinance No. 61 (Attachment A)
that created a set of regulations meant to set forth the circumstances under which
"Bingo Games" would be allowed to operate in the City. It can be argued that it
was the Council's intent that Ordinance No. 61 would be the sole City ordinance
that would regulate bingo games and that other regulations such as the zoning
ordinance do not apply.
This scenario would allow bingo games anywhere in the City at the discretion of the
Sheriff with input from other departments.
The Honorable City Council
June 9, 1993
Page 2
Scenario 3
The Zoning Ordinance Section 8105-2 Uses Not Listed. Stipulates that "Where a
proposed land use is not identified in this Article, the Planning Director shall review
the proposed use when requested to do so by letter and, based upon the
characteristics of the use, determine which of the uses listed in this Article, if any,
is equivalent to that proposed."
It is therefore possible that the Director could find that bingo games is similar to
"clubhouse" (which requires a Planning Commission Conditional Use Permit) or
"community centers" (requires a Planning Commission Conditional Use Permit).
This scenario would allow for a public hearing process and notification to
surrounding property owners through the conditional Use Permit process.
Scenario 4
The City Council also asked staff to consider the use of a Temporary Use Permit.
Since the Zoning Ordinance does not now contain language that outlines the
specifics of temporary use permits, staff has used the Zoning Clearance process
utilizing time limits in order to allow uses such as outdoor seating for the Creamery.
The proposed zoning ordinance will contain enabling language for temporary use
permits but as proposed a temporary use permit could only be issued for a
maximum of 180 days. Since the proposed use is expected to be permanent, albeit
not on a full-time basis, the use of a temporary permit might only be useful as
either a trial period or as an interim solution while a Conditional Use Permit is
processed.
Analysis:
The use of bingo games may become an increasingly popular method for generating
revenue for non-profit organizations, it is therefore advisable that the City consider adding
specific regulations to the Zoning Ordinance at this time.
Given that other groups may wish to utilize bingo games as a revenue generator one must
also consider the effect upon single family neighborhoods and lifestyles if the decision were
to follow Scenario 2.
The Honorable City Council
June 9, 1993
Page 3
It does not seem advisable to allow a use which will generate traffic, signage, noise,
buildings not in character with surroundings, and more intense use of the land, in all
residential zones. Other communities allow this type of use in either commercial zones or
high density residential zones exclusively.
Scenario 3 seems the most logical method to regulate bingo games since it allows public
participation and notification, placement of conditions to mitigate unique problems posed
by this use, and it allows the City the ability to deny the use if circumstances warrant.
Staff Recommendation:
Direct staff as deemed appropriate.
• . /ib/9 3
ORDINANCE NO. 61
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA
ADDING CHAPTER 1 TO TITLE 11 OF THE MOORPARK
MUNICIPAL CODE, RELATING TO BINGO GAMES; AND
REPEALING ARTICLE-71.5 OF CHAPTER 5 OF DIVISION 6
OF THE VENTURA COUNTY ORDINANCE CODE, AS ADOPTED
BY THE CITY OF MOORPARK BY ORDINANCE NO. 6 ON
SEPTEMBER 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.
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'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 preprlinted
in a manner providing for distribution of prizes. Thewinning 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'. AU 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
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(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 time, date and premises, as the game of
bingo. At no time may pull-tab be played when and where
J 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-tie 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 bdfore 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,
i 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 .
Ma r of the City of Moorpark,
California
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ATTEST:
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STATE OF CALIFORNIA ) �.
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK
I, DORIS D. BANKUS , City Clerk
of the City of Moorpark, Calf iornia, 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
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